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two new courts, the Supreme Courts of North Australia and of Central Australia, although the Supreme Court
of the Northern Territory was not formally abolished, and continued its existence in the guise of the new courts.
Roberts disliked the Act, and pointed out its unquestionable shortcomings to the Government. He continued to sit
as the Supreme Court of the Northern Territory, and the new Courts do not appear to have officially operated until
after his retirement.
In 1926, acting upon anonymous information actually supplied by Mallam and Barratt, (Darwin’s only other
private solicitor) Roberts himself caused proceedings to be brought before him to strike Frank Ernest Bateman off
the roll for misconduct. Bateman, the first Darwin practitioner to be struck off, holds the record for the shortest
period from the date of admission to the date of removal from the roll—a mere 67 days, and is the only example
in modern times of the Court moving to strike off on its own motion.
Roberts was also instrumental in reorganising the work of the courts after Hogan’s departure. In 1921,
Frederick T Macartney, the noted Australian poet, was transferred to Darwin to take up a position as assistant to
the Government Secretary. At Roberts’ suggestion, Macartney, with whom Roberts became friendly, was appointed
to hold numerous positions including Judge’s Associate, Clerk of the Supreme Court, Clerk of the various lower
Courts, Registrar of Births, Deaths and Marriages, Registrar of Companies and Firms, Sheriff, Public Trustee as
well as a number of other minor positions. Roberts found that there was not enough work in the court to keep him
busy, and actively sought other work. Although empowered to sit in the Local Court, he was reluctant to do so,
because of complications that could arise if there were an appeal, (although he did occasionally sit in the Local
Court). He also sat as a Court of Marine Enquiry and took evidence on Commission for the Commonwealth
Arbitration Court in matters involving changes to awards.
Roberts resigned from the bench on 8 April 1928, ostensibly because he wanted to move to South Australia
to further his sons’ education, but there is little doubt that by then he had tired of the position and was looking
to advance his own career. He had in 1922 indicated to the Commonwealth his willingness to serve as a Judge
in New Guinea if Justice Herbert wanted to return to the Territory, but Justice Herbert was not able to secure his
release. Roberts was interested in the position of Administrator—he felt he could adequately hold this position
at the same time as that of Judge and had actively sought the dual position in late 1925—and he had canvassed
the Commonwealth for a judicial appointment in the Bankruptcy Court in 1925. When none of these positions
eventuated, he moved to Mount Gambier, South Australia, where he founded a legal practice that still existed in
the 1990s. In 1932, he unsuccessfully sought election to the South Australian Legislative Council. Thereafter, he
disappeared from public life, but remained in private practice in Mount Gambier until his death on 5 April 1958.
Roberts was a Freemason, active as a lay reader in the Anglican Church, and was interested in tennis, motoring,
card playing and football. He was also a meticulous diarist, prolific letter writer and record keeper, and a collector
of photographs. Macartney described him as ‘a likeable, full-bodied man with a deliberate manner offset by a quiet
sense of humour, a lay reader in the Church of England, not much concerned with the arts or literature, but having
that studious devotion to traditions of justice that the holding of judgeship itself inspires’.
Unlike his predecessor, who preferred to deliver oral judgments, Roberts wrote (and even typed up himself)
most of his judgments, which, although not particularly well written, showed attention to detail and a sound
knowledge of the law. As he was unable to interest legal publishers in reporting them, he arranged for many of
them to be reported verbatim in Darwin’s union owned newspaper, the Northern Standard.
F X Alcorta, Darwin Rebellion 1911–1919, 1983; D Lockwood, The Front Door, 1969; F T Macartney, Proof against Failure, 1967;
Northern Standard, 27 June 1922, 4 April 1924, 6 April 1924, 15 September 1925, 31 December 1925, 5 October 1926, 22 July 1932; private
correspondence and papers kindly supplied by T C Roberts; Who’s Who in Australia, 1927–1928.
DEAN MILDREN, Vol 3.ROBERTS, HENRY (?–c1905), miner, first came to the Territory in 1872, with the Bagot-Chambers prospecting
expedition. The party consisted of John Westcott, Johannes Noltenius, Hulbert, Moses Littlefield, W Woods,
Henry Roberts, H Houschildt, Pat Hyland and Porteous Valentine.
The party made camp at Sandy Creek, north of the Shackle and commenced prospecting there. Gold was found
at the Shackle and the Margaret and was the first alluvial gold discovered by the party. Houschildt and Roberts left
Westcott and made to the area later known as Port Darwin Camp.
While prospecting, they discovered what became known as the Priscilla Reef, near Grove Hill. This was the
first gold reef found in the Territory. Westcott’s party was allowed three claims by government consent.
A Frenchman named Louis then pegged a claim to the south of Roberts. This claim was called the Princess
Louise. This was later sold for 5000 Pounds cash and 10 000 shares.
Roberts then left Yam Creek in 1874 and with V L Solomon mined at Woolwonga where a sample, crushed in
Adelaide, averaged 1240 grams of gold to the tonne. Also, during the year Roberts, together with George Williams
and four or five others, bid for and received a tribute on the Princess Louise.
In 1875, Roberts and party pegged out a claim on the John Bull Reef. The claim was called the Albion.
In 1878, Roberts joined Noltenius, Starke, Houschildt and Pickford in operating the Union Extended Gold
mine and battery. The mine was sold in 1882 for the sum of 900 Pounds.
During 1882 Roberts was mining in the Spring Hill district.
In 1883, with Houschildt, he discovered Houschildt’s Rush (alluvial) and Eureka gold mine on the Mary River.
Also, in the same year, again with Houschildt, he discovered the Daly River copper mine.
In 1884, while working at the Daly with Landers, Schulbert and Noltenius, they were attacked by Aborigines
and Roberts was the only survivor. Houschildt was speared, while prospecting out from the Daly, at the same time.