details

Statement of Significance

it is associated with SA's first Riparian Rights case to come before the Supreme Court. the case was against the Willunga District Council brought and won by Grace Spargo. she argued that Council had no right to divert a watercourse on her land to protect it and other adjacent low-lying properties from flooding. The Court agreed on the grounds that Council had no power to enter private property. the cottage and the tree have survived Grace by some 170 years. there are two plum trees planted close together, never pruned and in as good a condition as possible. They represented the only source of income for Grace while she fought the Council in the courts , over several years. Her son, George tended the garden and probably used the fruit from the plums, and other onsite produce, to eke out a precarious living at a time of great stress for him and his mother.

History

Spargo cottage was first occupied in 1855, and it is speculated that growing domestically-sourced food was a priority for owners, not only to support their family, but also to make a little money whilst establishing themselves in a local business. They had six children to feed and raise, and needed all the support they could muster.

Location

In the rear garden, along with a low-growing edible fig tree.

Other

Willunga is an historical town, the first to be settled after Adelaide. it was predominantly settled by Cornish miners. although Robert Spargo, Grace's husband was one such Cornish miner, described as a quarrier and labourer. in 1864 the Court case took its toll on Robert, who became ill, and died leaving grace to look after the children, and deal with the court case he had begun,

Notes

THE STORY OF TWO PLUM TREES IN THE GARDEN OF SPARGO COTTAGE, ST JUDE’S STREET, WILLUNGA, 2021
Willunga is an historical town in South Australia, and the first to develop outside Adelaide.
It was predominantly settled by families whose menfolk were out-of-work Cornish miners and quarrymen looking to make a living in a new land; one very different from their homeland.
This story is about Robert and Grace Spargo who arrived here in 1853, with six of their seven daughters, not all of whom would survive into adulthood. Robert was 39; Grace was 33, and they came to Willunga hoping to work in one of its several slate quarries. They were first able to move into a cottage owned by the Quarry Manager, as lessees, while they sought to build a cottage for themselves.
A prevailing failure of both residents and Willunga District Council, proclaimed in 1853, was the ability of both to recognise that while a free-flowing creek was ideal as a source of potable water, it was also a source of seasonal flooding, in what was acknowledged as a low-lying part of the township, known as a ‘tea-tree-swamp’.
Robert moved to a property in St Jude’s Street in 1855, knowing it was swampy and had to be drained if it was to be productive land; a knowledge shared by Willunga DC. Robert purchased it for the stream that ran through it, to guarantee his family a permanent supply of fresh, drinkable, water.
By English tradition applying in South Australia, all ratepayers with access to a stream had what were known historically as ‘Riparian Rights’. The online Legal Dictionary explains this Right as:
The concept of riparian rights refers to the rights of all landowners whose properties connect to a running body of water, such as a river or stream, to make “reasonable use” of the water that flows either through or over their properties.
The word ‘riparian’ relates to a person who owns land situated on the banks of a river, and to the land itself.
For resident and Council alike, the long unsolved contretemps was about the conflicting need for fresh running water - versus the capacity for the same stream to flood low-lying properties, such as Spargo Cottage.
Several ‘legal letters’ went back-and-forth from both parties over many years, demonstrating the incapacity of both to resolve the matter either amicably and pragmatically. This impasse finally resulted in a case at the Supreme Court in Adelaide. The Spargo’s lawyers argued that Willunga Council had diverted a water course to the detriment of the Spargo’s; the Council’ counter claim was that it needed to mitigate winter flooding, which also had a detrimental affected.

The case was lost by Willunga Council, on the grounds that it was found to have acted beyond its powers; it was not entitled to enter private property and/or alter the course of the stream. Minimal damages were awarded, but it was all too late for the family who, whilst permitted to live out their days in the cottage, had by then had to transfer it and the land, to the lawyers who were acting for them.
As for the plums on the Spargo land, “The Illustrated Dictionary of Gardening”, originally published in England, in parts, between 1884 and 1887, therefore roughly contemporary with the Spargo story, and edited by George Nicholson, then Curator of the Royal Botanic Gardens at Kew, has this to say about them:
Several varieties have sprung from Prunus domestica, the European plum; sub-species of it are P. spinosa, the Blackthorn, or Sloe, and P. insititia, the Bullace. The Damson is probably a cultivated form of the Bullace.
The greengages are a group of cultivars of the common European plum. The first true greengage came from a green-fruited wild plum which originated in Iran. Greengages are grown in temperate areas and are known for the rich, confectionery flavour. They are considered to be among the finest dessert plums.
The plum is a deciduous tree, about 15-20ft tall, with a moderately spreading head. Probably introduced into England, from France and Italy, during the 15th C.
Plums are the hardiest of all stone fruits, and the crop is one of the most remunerative (commercially). In private establishments, the fruits of all the best varieties are much valued for dessert, and those of the coarser and less-flavoured ones prove invaluable for cooking and preserving, thus an important crop for private consumption. The fruit is produced on small spurs, which form in great quantities on the ends and sides of bearing shoots, from one to three years’ growth (SEE AW- Dates for bearing here?). Plums in open ground require little pruning (none here?). Plums intended for dessert should be allowed to hang until they are nearly ready to drop; for cooking, this is not so important.
There are many sorts of plum: The Common Plum has small, roundish-oval, dark, or purple or nearly black fruit, and is much esteemed for preserving.
Almost ninety years later, The Royal Horticultural Society’s “Dictionary of Gardening” of 1974 had this to say about plums:
Next to Apples, Plums are the most important of the hardy fruits cultivated in British gardens. The greatest variety of plums, including Damsons, belong to the group known as Prunus domestica, but the Bullace is in the group P. institia. Plums of the P. domestica group are the hardiest of the stone-fruits and a crop of some varieties can generally be relied upon every year. The best varieties are much valued for dessert; the coarser and less highly flavoured varieties valued for cooking and preserving by bottling and jam-making.
Plums are different in habit, and this needs to be considered when choosing which to plant. The head of the tree is usually spreading, and most vigorous varieties reach a height of 20ft.
The historical connection between Robert, Grace, the Spargo cottage, the water, and the plums might be through their son, George, who though out of work, tended the produce of the garden, in an attempt to earn some money to keep the family financially afloat.
Today, the garden has what amounts to a Fig hedge, and two plums. In the tradition of the early settlers in Willunga, many gardens grew fruit trees and vegetables, for family sustenance, and for sale – those who needed their produce. Given that in those days fruit and vegetables were important family staples, the gardens were probably planted out as soon as it was practicable to do so, thus feeding the family cheaply, and making a little money on the side. The continuation of a water supply would have been crucial to good quality plum production, in a restricted market, where competition was probably plentiful. The Spargo cottage was habitable in 1856, and whilst no records have been found, it is reasonable to suppose that the fig and plums were planted at that time. If true, they are 165 years old in 2021.
There are two plums, called South and North; Their data is:
Plum (South) Plum (North)
Height: 5.86 6.00
N-S spread: 7.10 7.10
E-W spread: 7.6 8.3
Trunk circ: 1.2 1.7
Date measured is March 17, 2021
It is suggested that these plums are significant to Willunga’s history, at the local level, and connected to a ‘State first’, that of a woman, Grace Spargo, being represented in a High Court case, which she won, albeit pyrrhically, in that it cost her the entire property, and all her spare cash, which was minimal, in the extreme, most likely. The plums needed the water.
Source:
“Water under the bridge” the story of Robert and Grace Spargo by G. C. Vaudrey, 1991
Since this nomination was prepared the ownership of Spargo cottage has changed