LATE one afternoon in April 1874, nine year old Ossory Arthur Stanton Fitzpatrick and his older brother Albert Edward Horatio Fitzpatrick, 11, went for a swim near the mouth of South Creek, a popular swimming spot on the outskirts of Windsor.
It was between 5pm and 6pm and the boys were accompanied by Thomas Probert. Thomas was English-born and the first editor of the Hawkesbury Times, one of the earliest newspapers published in the district.
Ossory and Albert were two of the seven children of Senior Sergeant John Fitzpatrick and his wife, Elizabeth Lucas. Fitzpatrick was a police officer who had worked his way up through the ranks. Born in Ireland he arrived in Australia in the 1850s and went to the Ballarat goldfields. After spending the early part of his career in southern NSW he was stationed in Windsor from the early 1870s.
Probert, aged sixty, checked the depth of the water and told Albert to stay in the shallows. However Albert thought the water was too shallow and headed into the deep water to swim, but quickly got out of his depth. He was not a strong swimmer.
Thomas removed his coat and waistcoat and jumped in to save the boy. Hemanaged to get a hold of Albert but then was swept away. Albert tried to keep on the surface but after a short time sank in the middle of the creek. Meanwhile Thomas appeared to drift downstream.
Ossory witnessed the dramatic situation unfold then ran home and informed his mother. Sgt Fitzpatrick was also told and rushed to the site and on arriving he saw the body of Mr Probert floating in the creek. Volunteers dragged the waterways until well after dark, then Senior Constable Arthur Berckleman and Reverend Charles Garnsey recovered Albert’s body in the early hours of the morning. Both bodies were taken to Windsor Police Station.
An inquest was held the following day and Ossory and his father had to give evidence at the investigation. Their testimony was reported in the newspapers of the time.
The jury had some difficulty arriving at a verdict and Dr Selkirk was called to give his medical opinion. After some deliberation the jury found that the death of Albert Fitzpatrick was accidentally caused by drowning whilst bathing, and that Thomas Probert died by asphyxia by drowning whilst endeavouring to save Albert.
Both funerals took place on April 9, at Windsor’s St Matthew’s Church of England. The service was conducted by Rev, Garnsey, who had found Albert’s body of Albert.
Thomas Henry Probert who had paid the ultimate sacrifice trying to save the boy from drowning, was buried at St Matthew’s Church of England cemetery. Poignantly, Albert Fitzpatrick was buried alongside Thomas although the family were traditionally Catholic and other family members were buried in the Catholic cemetery.