Whos afraid of Baby

Francis?

Figure 1

The presence and absence of neglected and

delinquent children in mid-nineteenth century
Victoria
By Nina Zimmerman
1
Ripped from his To follow Francis story, let
us return to his hometown
Cradle of Yackandandah

The judges gavel came Yackandandah is

down. The verdict was Jiatmathang country. A
stark. One-year-old Francis process of land theft by
Barber was convicted by the settlers began in 1844. In
Yackandandah Court in 1865 1852, twelve years before
of being a neglected child. Francis was born, gold was
His mothers body was discovered, attracting
scarcely cold in the ground; thousands of miners.2
his father accused of
spending too much time at While the influx brought
the local pub.1 wealth, a reporter in the
local newspaper noted in
Francis was taken from his 1863 it is not a pleasant
only remaining parent and duty to describe the state of
banished hundreds of miles society. He described low
away. He then appeared and scamps, grog shanties and
disappeared in locations gambling dens. 3 It was in
throughout the colony as a this society, divided into
result of societys those thriving on gold and
endeavours to categorise, those labelled as low
classify and control scamps, that Elizabeth and
marginalised children in William Barber, the parents
their midst. of 5 children, were living.
Francis was their youngest
child.

Figure 2: gold miners Yackandandah

Yackandandahs first school was built the year Francis was born but a
tragic turn of events meant that his first school would be a long way
from home

2
 A
Motherless the Yackandandah Court
House and his five children,
Child ranging in age from seven to
the one-year-old Francis,
were found guilty of being
In 1865, the 28-year-old
neglected children. They
Elizabeth and her newborn
were all sentenced to a 7-
died in childbirth.4 The fate
year term in the state
of her remaining 5 children
industrial school system.5
became entwined in
contemporary debates
To understand how Francis
around delinquent and pre-
could have been convicted of
delinquent children. Mr
the offence of neglect, it is
Barber was noted to have
necessary to consider the
been spending money
social construction of
freely at the public houses
destitute and delinquent
for the last week or two by
children during the 1800s

Figure 3: the Yackandandah Court House

3
The problem education and industrial
training for all in order to

with children produce industrious

moral citizens. 9
and

Public concern over child

Victorian newspapers in
neglect arose in the context the 1860s were full of
of urbanisation, population
articles about child
growth, child labour and the
destitution and depravity. 10
breakdown of traditional
A journalist warned that
means of social control.6
Melbourne was at risk of the
Alongside concerns about emergence of a costly,
child welfare was a growing
ferocious animal class as
fear of the wretched offspring
uncontrollable
of immigrants
urchins appearing in
multiplied. 11 These
growing
children were felt to
numbers in
be contaminating
towns and and being
cities.7 New
contaminated by
criminological their presence in
theories
public spaces. 12
blamed
Stopping this
inadequate
contamination
parenting, lack
became central to
of education, the mechanisms of
vices and
control enacted by
indolence as key Figure 4
the states creation of
ingredients in the
marginalised spaces
creation of social and
that children such as
moral depravity.8
Francis were moved to.
Dual processes of relocation
Narratives of poverty and and welfare provision were
criminality were being
used to remove an unwanted
conflated. presence in the landscape.

Social reformer Mary

In 1864, the same year
Carpenter categorised
Francis was born, Victoria
delinquent children into the
passed the N eglected and
perishing classes and the Crim inal Childrens Act
dangerous classes. She
(1864), placing child
suggested that the two
welfare in a criminal justice
groups should be housed
framework. This legislation
separately but advocated
would shape his life
religious instruction, basic

4
 The Neglected and Criminal
Childrens Act (1864):
If a constable felt a child was neglected, he could immediately
apprehend the child, without a warrant, and bring it before a
magistrate. 13As a neglected child, Francis was a member of a group
those found begging, without
defined by the legislation as
support, living with thieves, prostitutes or
drunkards or said to be uncontrollable. 14

Figure 5

5
Unstable categories
Under this legislation, would be sent to
Industrial and Reformatory Reformatories.
schools were set up. 15
However, conflicted societal
The purpose of the Act was views about the categories of
two-fold: to rescue children neglected as opposed to
seen as susceptible to criminal children plagued the
committing crime and to legislation and unsettled
discipline those who had attempts to separate the
offended. Just as it was felt to children.
be essential to remove these
children from society, it was The schools and the
also felt necessary to separate management of the children
the delinquent from the pre- like Francis who lived in them
delinquent were in a
by


F

creating constant
two systems of separated state of flux.
spaces.16 It became impossible to
separate the space where
vulnerable children were to be
Francis was convicted of being saved from vice from the space
a neglected child, as opposed where offending children were
to a criminal child and, as to be punished.17
made clear in the Act, this
meant that he would be placed
in an Industrial School, unlike
Figures 6 & 7
the criminal children, who
6
Unsettling spaces his father, landing with his
siblings in the Immigrants
Home. Two weeks later, he
When the Act came into force,
was moved with his brothers to
there were 463 children living
the Industrial School at
in the rickety, insanitary
Geelong and never saw his
Immigrants Aid Society and
sisters again. Both brothers
the plan was to house them in
died within two years.20
the as yet to be built 500-bed
Sunbury Industrial School.
Problems with overcrowding,
However, within twelve
disorganisation and disease
months, convictions under the
were rampant from the outset.21
Act meant that there were 1059
to be housed.18
A report into the Geelong
Industrial School was scathing.
Many of the children were
suffering from skin and eye
diseases, some already blind.
The Inspector was appalled
that there was no list of deaths
or outcomes of post-mortems.

Figure 7: St Kilda Road Immigrants'
Home 1865

The government hastily opened

buildings at Sunbury and later used Figure 8: ophthalmia
buildings at Geelong, Sandhurst
and Royal Park. For a period, it
The doctor stated that the
fitted out hulks to cope with the
wards stank from children
overflow.19
soiling their beds with
And so began decades of insufficient staff to clean
instability, not only in the them. 22 Dr Mackin also
categories into which the observed that young Francis
hapless children sentenced was suffering from
under the Act were placed, but ophthalmia. 23 Opthalmia was a
also in the overcrowded and pustulating eye disease that ran
inadequate buildings they were rampant through the schools
shuttled between. for years due to overcrowding
and poor hygiene.
When we left Francis in 1865,
Like so many of these children,
he had vanished from his
Francis would later go blind.24
hometown and from the life of

7
Total Institutions
of domestic servants, and only
Despite the chaos and by constant practice in the
instability that plagued the routine of such duties can
industrial schools and the lives children learn them27
of the youngsters in them, the
aim was to regiment every
We cannot entirely
aspect of life25. The obsession
with monitoring, categorising overlook the claims of
and controlling resulted in the those children who are the
emergence of total victims of neglect and
institutions. The place of the
delinquent in the landscape
destitution, but we can
remained tightly controlled. make them feel that they
are the pensioners of the

Ch il dren 8-12 years: hal f d ay at sch ool and h alf day per form in g
wo rk sui ted to thei r str ength

Ch il dren at 12 : wo r k at tr ade al l day and fo r 1.5 ho urs scho o li ng at

ni gh t

Th ose bel ow 8: a separ ate corner or room when availabl e

P rotestan ts di vi ded f rom Rom an Catholi cs and all r eceiv e 30

m in utes r eli gi o us i nstructi o n p er day

26 public. Give them the

With the exception of the time choice between the streets
absolutely necessary for their and the rigid discipline of
being taught reading, writing
a state institution, but do
and the first four rules of
arithmetic, the time of the
as little as possible that
children should be devoted to can have the effect of
making them proficient in securing for them the
domestic work ... From the comforts and as far as
nature ... of their start in life, may be the privileges of
their prospects of success, more
home... 28
than is the case with other
children, must largely depend
on acquaintance with the duties
8
Contamination:
or by children?
In 1871, at the age of 7, Francis
moved yet again, this time to
the Sunbury Industrial School,
where he remained until he was
eight. 29 The school sat on a
treeless hill and had ten
bluestone wards that were
freezing in winter. While Chief
Medical Officer W. McCrea had
reported to the government in
1866 that children in the
schools were generally healthy,
clean and well fed30, the doctor
at Sunbury, Dr F. W. Towle
wrote in a letter that an
epidemic of eye infections
resulted from overcrowding,
poor ventilation, lack of light in
the dormitories and a lack of
bathing facilities.31
Figure 9: Medical school at The
Sunbury Industrial School
The doctors views were echoed
in annual reports to
government of Inspector. 32
Concerns related to the
constant relocation of children,
dangerous buildings, insanitary
conditions, inadequate
education and the lack of
contact with normal human
society. Water was often in
of short supply and chamber pots
were being emptied directly
into rubbish bins. 33 Wasting
diseases from malnourishment,
diarrhoea, and whooping cough
took a heavy toll. The media
began to ask questions and
attack administrators.34
In 1872, Parliament held a
Royal Commission on the basis
of these reports and community
concerns. The report pointed
out that it was necessary to
protect society from letting
children grow up as paupers
and criminals, a source of incalculable
danger and expense. 35 However,
grave concerns mirrored those
from the Inspectors reports.36
The Royal Commission led to
an 1874 amendment that
enabled schools managers to
move children between the
Industrial and Reformatory
schools as they saw fit, based
on their own character
assessments of those in their
charge, without any
involvement of the Courts. 37
boundaries between
welfare and criminalisation
became increasingly porous,
despite intentions to create
separate spaces for delinquents
and pre-delinquents.38
Coinciding with the Royal
Commission in 1872 was the
completion of Francis original
seven-year term. However, the
hapless eight-year-old was now
re-committed for a further
seven years
9
Resistance

Figure 10: list of articles produced by children in 1878

Archival material on the However, an event in August

Industrial School system 1875 enables us see past lists
focuses exclusively on the of figures and glimpse the
assessment, categorising and resilient spirit of young Francis.
placement of children. Much For it is in August, at the age of
can be gleaned from the 11, that he succeeds in
information that was absconding from the Sunbury
documented at the time, Industrial School, albeit for just
including the way the worth of one day.39 From the pages of
the children was calculated. official documents rises a spirit
Year after year, meticulous and of struggle and agency.
itemised lists of the products of
the inmates labour were But this moment of resistance
produced for the government. also saw Francis shunted from
the frying pan into the fire
10
The Hulks
The Royal Commission of 1872
had found that conditions on
The Nelson were deplorable,
calling for it to be closed.41

a ship is not a
fitting place for either the
industrial or moral training of
boys the associations
connected with ship life also
induce a unsettled and roving
disposition, quite at variance
Figure 11: The Nelson
with them afterwards betaking
themselves to steady industry on
Francis was moved offshore, to shore.
one of the many hulks that
were being used to house the Finding of the Commission on the
overflow of children from the Nelson42
schools. He ended up on The
Nelson, where he was kept for Over the next two years,
six months. The boys wore Francis spent his early teen
clothes with numbers to assist years being shunted between
with tracking them down the Sunbury and Royal Park
should they abscond.40 Industrial Schools.

Figure 13: a building at the Royal

Park Industrial School

Figure 12: child aboard a hulk

11
Shifting locations One girl wrote of her gratitude
to the Matron of the Industrial
of training School she was being
transferred from and of her
Debates continued to rage in determination to do better so
the media about conditions in
that the little trust you have in me
the schools throughout the
1870s. A letter to The Age in may not be wasted. The pain at
1876 was scathing about separation from family is
conditions at the Royal Park clear.47
Industrial School.

The boys huddle together in a Dear darling Mother, I have

rickety out-building that looks just finished making a pinafore
as if it had been shaken by an for the bazaar. I am out at
service. I do hope that some day
earthquake 43
we will all he together again...
The Age, 2 September 1876 Just before your letter came, I
was thinking how hard it was to
Other articles were more
go and earn my own living
positive and a reporter in The
Age wrote that the children in without any mother tell me
the Royal Park Industrial my proper age, because there
School were in good health and seems to be always a muddle
in the hands of an excellent
about it. I have left school for
medical officer.44
some time. I am living in such
In response to the concerns a nice place now. Tell me if I
about Industrial Schools, the
ever had a little brother J--,
boarding out of children was
authorised, in the hope of
because think I remember some
creating more effective workers little boy playing with me 48
and saving the state money. 45
Despite concerns about
mistreatment and exploitation
One can only speculate about
of those boarded out46, letters
the letters that may have been
from children appended to a
overlooked for inclusion in the
report to Parliament in 1889
report
were full of praise for the
places they were boarded to.
Many spoke of how happy they
were, their good health, of
pleasures such as eating hot
cross buns or going hunting.

12
Lost stories
Such scraps of information in the official records are few and far
between. For the vast majority of those who spent their childhoods
in the Industrial Schools, the only information that remains is the
basic information found on their admission forms.

Figure 14
certificate that Francis was now
This admission form confirms blind in his left eye and had a
that Francis had moved slight opacity, presumably in
between Sunbury, The Nelson, the right. 49 Francis was
Royal Park Industrial School variously licenced out to a
and several places of work surgeon in 1876 at the age of
before his term was due to twelve, a contractor in Brighton
expire in 1879, when he would at 14 and then to a farmer.50 At
be 15. His time at the the age of 14 on 11 February
Immigration Home and Geelong 1878, Francis was boarded out
Industrial School is not to a Mr John Smith, a carpenter
captured here. It would appear and wood turner who lived in
from the brief scrawls on the Richmond 51

13
Yackandandah St Kilda Immigrants Home Geelong
Sunbury The Nelson Sunbury Royal Park
Industrial School Brighton . RICHMOND
Francis Barber reclaims his place
A letter to the Editor of the Age published in June 1884 suggests that
this last placement in Richmond was an enduring one. The letter,
written by Francis Barber at the age of twenty, sees him re-emerging
in the landscape, defining himself as a respectable member of society,
deserving of fair treatment. Francis protests about a victim who, in
an earlier letter to the Age, accuses suburban wood sellers of
dishonesty. Francis felt that the party who had wronged the Victim
should be named to avoid casting a stigma on all Richmond dealers
for the fault of one dishonest person52 Despite the constant removals
and a life of existing in a murky category of criminal/pre-criminal,
Francis emerges with a clear sense of justice and the confidence to
publicly state his views.

In 2016, the oversight of children in detention shifted from the

Department of Health and Human Services to the Department of
Justice. Marginalised children were shifted to adult maximum-
security prison. The contemporary Francis continues to appear and
disappear as society moves uneasily between a desire to protect and a
sense of fear of children on the margins. 53

Figure 15: letter to the Age 1884 from Francis

14


1 Yackandandah Museum, (2015). Neglected & Forgotten: the Barber children,

https://yackandandahmuseum.wordpress.com/2015/11/18/neglected-and-
forgotten/, accessed 15 August 2017, 2.

2 Indigo Shire Council, "A brief history of Yackandandah", Indigo Shire Council

[website], http://www.exploreyackandandah.com.au/a-brief-history-of-
yackandandah/., , p1, accessed 23 September 2017.

3 Yackandandah, Ovens and Murray Advertiser, 22 Jan. 1863, 3, in Trove [online

database], accessed 17 September 2017.

4 Yackandandah Museum, (2015). Neglected & Forgotten: the Barber children, 2.

5Ibid. 1.

6 J. Boersig, Delinquency, neglect and the emergence of Childrens Rights Legislation

in NSW, Newcastle Law Review, 5/2 (2003), 133

7Chris Cunneen, and Kelly Richards, K, Juvenile Justice: youth and crime in Australia

(South Melbourne: Oxford University Press, 2015), 3.

8 Ibid. 5.

9 D.L. Ritter, Inventing Juvenile Delinquency and determining its cure (Or, how many

discourses can you disguise as one construct?), paper given at History of Crime,
Policing and Punishment Conference, Canberra, 1999, 10; R.J. W. Sellick, The origins of
Industrial schooling in Melbourne 1864-1866." Education research and perspectives
15/1 (1998), 19.

10N. Musgrove, The scars remain: a long history of forgotten Australians and Childrens

institutions (Victoria, Kew: Australian Scholarly Publishing Limited, 2013), 17.

11J. Brogden, Neglected or criminal? The Sunbury Industrial School: Sunbury and

beyond, (Melbourne: The Author, 1997), 173-174.

12 N. Musgrove, (The scars remain: a long history of forgotten Australians and

Childrens institutions, 84-85.

13 Neglected and Criminal Childrens Act 1864, S14-16, 1845

14 PROV, VA 1466, [database], Department of Industrial and Reformatory Schools,

description of the agency,

http://access.prov.vic.gov.au/public/component/daPublicBaseContainer?component=d
aViewAgency&entityId=1466, accessed 2 September 2017.

15 Neglected and Criminal Childrens Act 1864, S14-16, 1842-1843

16 S. Robinson, "Full of passive resistance? The employment of female state

children in Queensland, 1865-1911." Royal Australian Historical Society, 90/2 (2004),

176.

15


17 David Mccallum, 'Unstable Categories: Children in Welfare and Justice', Griffith Law

Review, 24/2 (2015), 181-98.

R.J.W.Sellick, (1988), The origins of Industrial schooling in Melbourne 1864-1866,

24-2

19Cate ONeil, Cate, Industrial Schools circa 1864-1887, Find and Connect Web

Resource Project for the Commonwealth of Australia, 4 June 2009,

https://www.findandconnect.gov.au/ref/vic/biogs/E000312b.htm, accessed 25
August 2017.

20 Yackandandah Museum, (2015). Neglected & Forgotten: the Barber children, 1-2.

21S. Swain, History of institutions providing out-of-home residential care for children.

(Sydney: Australian Catholic Institution,2014, 8.

22Reports and Correspondence to government relative to Industrial Schools1866 (20

March 1866), Melbourne, John Ferres, Government Printer, [online document],
accessed 25 August 2017, 12-13.

23Ibid. 211..

24 Yackandandah Museum, (2015) "What became of the Barbers?",

https://yackandandahmuseum.wordpress.com/2015/11/18/neglected-and-
forgotten/, accessed 15 August 2017, 2

25 N. Musgrove, The scars remain: a long history of forgotten Australians and

Childrens institutions, 109.

26 C. H. Pearson, (1878). Report on the state of public education in Victoria and

suggestions as to the best means of improving it. Melbourne, John Ferres, Government
Printer, 22.

27Reports and Correspondence to government relative to Industrial Schools, 1866

(20 March 1866), Melbourne, John Ferres, Government Printer, 25.

28 George Guillaume, Secretary to the Department for Neglected Children and

Reformatory Schools, Report for year 1888, printed by Robt. S. Brain, Government
Printer, Melbourne., 22.

29 Yackandandah Museum, (2015) "What became of the Barbers?", 2.

30 Reports and Correspondence to government relative to Industrial Schools1866

(20 March 1866), Melbourne, John Ferres, Government Printer p 201.

31 J. Brogden, Neglected or Criminal? The Sunbury Industrial School - the first two years

(Melbourne: The Author, 1995), 57.

32 Ibid. 44

33 Brogden, j. , Neglected or criminal? The Sunbury Industrial School: Sunbury and

beyond. Melbourne., p 10.

16


34 , R.J.W.Sellick, The origins of Industrial schooling in Melbourne 1864- 1866., 29

35 C.Gavan Duffy, 1872 Royal Commission on Industrial and Reformatory Schools

and the Sanatory [sic] Station, First Report [online document], 1872, John Ferres,
Government Printer, Melbourne, 5-6.

36 Ibid. 6-8.

37 George Guillaume, George and Edward C. Connor, The Development and Working of

the Reformatory & Preventive Systems in the Colony of Victoria, Australia 1864-1890:
papers on reformatory questions, Melbourne, Printed by Robt. S. Brain, Government
Printer, 1891, Melbourne, 1891, 8-9.

38Cameron Houston, Chris Vedelago, and Josh Gordon, New Youth Detention Centre

for Victoria, Age, 31 Jan. 2017, http://www.theage.com.au/victoria/new-youth-

detention-centre-for-victoria-20170131-gu2jgu.html, accessed 5 September 2017.

39 Yackandandah Museum, (2015) "What became of the Barbers?",2-3.

40 J. Brogden Neglected or criminal? The Sunbury Industrial School: Sunbury

reformatory to the Hulks and Jika (Melbourne: The Author, 2000).Vol 3, 67-68

41 Cate ONeil and Natasha Story, The Nelson 1868-c.1878, Find and Connect Web

Resource Project for the Commonwealth of Australia, 5 June 2009,

https://www.findandconnect.gov.au/ref/vic/biogs/E000312b.htm, accessed 25
August 2017.

42 George Guillaume, George and Edward C. Connor, The Development and Working of

the Reformatory & Preventive Systems in the Colony of Victoria, Australia 1864-1890,
25.

43 Our Industrial School children, Age, 2 September 1876, 5, in Trove [online

database], accessed 30 August 2017.

44 Department of Industrial and Reformatory Schools Report of the Secretary 1887

(1888), Melbourne, John Ferres, Government Printer.

45 George Guillaume and Edward C. Connor., The Development and Working of the

Reformatory & Preventive Systems in the Colony of Victoria, Australia 1864-1890, 30.

46 C.H. Pearson, Report on the state of public education in Victoria and suggestions as

to the best means of improving it. Melbourne, John Ferres, Government Printer.

47George Guillaume, Secretary to the Department for Neglected Children and

Reformatory Schools, Report for year 1888, printed by Robt. S. Brain, Government
Printer, Melbourne., 48-49.

48 Ibid. 46

49 PROV, VA 475 Chief Secretarys Department, VPRS 4527 P0002/1 Ward Registers

(known as Childrens Registers 1864-1887), Book 8, Barber, Francis William, Reg. no.
6506, page 153 bottom, (digitised copy, viewed online 30 August 20richards17).
17


50 Yackandandah Museum, (2015). Neglected & Forgotten: the Barber children, 1-3.

51 PROV, VA 475 Chief Secretarys Department, VPRS 4527 P0002/1 Ward

Registers (known as Childrens Registers 1864-1887), Book 8, Barber, Francis

William, Reg. no. 6506, page 153 bottom, (digitised copy, viewed online 30 August
2017).

52Francis Barber, Francis, Suburban wood sellers to the Editor of the Age, Age, 20

June 1884, in Trove [online database], .6.

53 Cameron Houston, Chris Vedelago and Josh Gordon, New Youth Detention Centre

for Victoria, Age, 31 Jan. 2017, http://www.theage.com.au/victoria/new-youth-

detention-centre-for-victoria-20170131-gu2jgu.html, accessed 5 September 2017.

18


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