Below also see: McDonald v. McDonald , 1919, 1920 – Divorce
collection. Reproduction: Peter de Waal
According to the NSW Police Gazette, 31 Jul 1918, No. 31, p. 348:
“James Henry McDonald (40), charged with indecently assaulting Maxwell Clive Featherstone (3), has been arrested by Consts Comans and Dein, Syd Police. Committed for trial at QSS. Bail allowed.”
A subsequent entry is recorded in the NSW Police Gazette, 31 Oct 1918, No. 44, p. 574, as follows:
“Vide PG 1918, p. 348. The Attorney General has declined to proceed further against James Henry McDonald, under committal, charged with indecently assaulting Maxwell Clive Featherstone. 1 McDonald has been confined in the Criminal Mental Hospital at Parramatta since the 15th August 1918, and is now proposed to transfer him to the Mental Hospital at that place.”
McDonald v. McDonald , 1919, 1920
McDonald v. McDonald divorce papers 1919 2
1a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction.
No. 592 of 1919.
|
McDONALD v. McDONALD |
PETITION |
Read and Read
Solicitors
SYDNEY.
1b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction }
No. 592 of 1919.
To the Honourable Alexander Gordon Judge of the Matrimonial Causes Court.
In re JAMES HENRY McDONALD of Grafton in the State of New South Wales Agent and ANNIE McDONALD (formerly Radford) his wife.
The 9th day of July in the year of our Lord one thousand nine hundred and nineteen.
The Petition of JAMES HENRY McDONALD:–
SHEWETH:–
1. THAT your Petitioner was on the Thirteenth day of April one thousand nine hundred and three married to Annie McDonald (then Annie Radford) Spinster at Holts Matrimonial Agency Queen Street, Melbourne in the State of Victoria according to the rites of the Church of England.
2. THAT your Petitioner was born at Collingwood in the State of Victoria and is at the present time and has been for three years and upwards domiciled in New South Wales.
3. THAT your Petitioner’s wife was born in the State of Tasmania.
4. THAT your Petitioner and his wife have had issue of their said marriage one child and no more, to wit Doris McDonald, born on the Twenty-first day of September one thousand nine hundred and four.
5. THAT your Petitioner’s wife has without just cause or excuse wilfully deserted your said Petitioner and without any such just cause or excuse left him continuously so deserted during three years and upwards.
Your Petitioner therefore humbly prays:–
1. THAT your Honor will be pleased to decree that the marriage of your Petitioner with his wife be dissolved.
[Signed] James Henry McDonald.
~ ~ ~ ~ ~
2. THAT your Petitioner may have such further and other relief in the premises as to your Honor may seem meet.
[Signed] John Henry McDonald.
NOTE: This Petition is filed by Messrs Read and Read of Somerset House No. 5 Moore Street Sydney Solicitors for James Henry McDonald the abovenamed Petitioner of Grafton in the State of New South Wales.
2a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction.
No. 592 of 1919.
|
McDONALD v. McDONALD |
AFFIDAVID |
Sworn 9th July 1919.
Deponent:— James Henry McDonald.
READ AND READ
SOLICITORS
MOORE ST
SYDNEY.
2b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction }
No. 592 of 1919
To the Honorable Alexander Gordon Judge of the Matrimonial Causes Court
In re JAMES HENRY McDONALD of Grafton in the State of New South Wales Agent and ANNIE McDONALD (Formerly Radford) his wife.
On the Ninth day of July in the year of our Lord one thousand nine hundred and nineteen JAMES HENRY McDONALD of Grafton in the State of New South Wales Agent being duly sworn makes oath and says as follows:—
1. I am the abovenamed Petitioner.
2. On the Thirteenth day of April one thousand nine hundred and three I was lawfully married to the abovenamed Respondent at Holts Matrimonial Agency Queen Street Melbourne in the State of Victoria according to the rites of the Church of England.
3. I was born at Collingwood in the State of Victoria.
4. The abovenamed respondent was born in the state of Tasmania.
5. There has been issue of the said marriage one child only namely a daughter Doris McDonald who was born at Gippsland in the State of Victoria on the Twenty-first day of September one thousand nine hundred and four.
6. At the time of my said marriage I was living at Gippsland in the State of Victoria where I resided with my said wife until the year one thousand nine hundred and ten in which year I went to Western Australia and requested my
[Signed] James Henry McDonald
[Signature illegible] JP
9th July 1919
~ ~ ~ ~ ~
said wife to join accompany me there, but she refused to do so.
7. In the year one thousand nine hundred and eleven I returned to Victoria and lived with my said wife in Melbourne for a few weeks, and then returned to Western Australia.
8. In December one thousand nine hundred and twelve I returned to Victoria and lived in Melbourne for a few weeks with my said wife and then went to Gippsland where I left in April one thousand nine hundred and thirteen and went to live in Queensland and returned to Melbourne in the State of Victoria in December one thousand nine hundred and thirteen where I remained until April one thousand nine hundred and fourteen during which time I lived with my said wife.
9. In April one thousand nine hundred and fourteen I came to live in the State of New South Wales where I have permanently resided ever since and carried on the business of a Tmber [sic] Agent at Grafton and in the surrounding districts.
10. On each and every occasion when I was compelled to leave the State of Victoria owing to my business I asked my said wife to accompany me or join me there and in each and every instance she refused to do so.
11. Since I have been domiciled within the State of New South Wales I have repeatedly asked my said wife to live with me but she refuses to do so stating that she prefers her duties as a barmaid to living with me.
12. In the Month of April one thousand nine hundred and sixteen when on a visit to Victoria I saw my said wife and again asked her to come to New South Wales and live with me as my wife but she again refused to do so.
13. During this visit to Melbourne which was of about two weeks duration I did not live with my said wife.
14. Up to the time of my said last visit to Melbourne I had been supporting my said wife and my said daughter but as my said wife finally refused to live with me it was agreed that from thence forth I would pay for the support maintenance and education of my said daughter who was to remain in the care
[Signed] James Henry McDonald
[Signature illegible] JP.
9th July 1919
~ ~ ~ ~ ~
of my said wife since when my said wife has been earning her living as a barmaid in Melbourne.
15. From the date of my said marriage and up to the present time I have been perfectly willing and ready to make a home for and support and maintain my said wife and daughter but my said wife has without just cause or excuse willfully [sic] deserted me and without such just cause or excuse left me continuously so deserted during three years and upwards.
16. There is no collusion or conivance [sic] between myself and the said respondent.
SWORN by the Deponent on the day and year first mentioned at Sydney
[Signed] James Henry McDonald
before me:–
[Signature illegible] JP.
3a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction.
No. 592 of 1919.
|
McDONALD v. McDONALD |
AFFIDAVID OF SERVICE. |
Deponent: HR Balmer
Sworn 15th July 1919.
READ AND READ
Solicitors
Moore st
SYDNEY.
3b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction. }
No. 592 of 1919.
IN re JAMES HENRY McDONALD of Grafton in the State of New South Wales Agent
and ANNIE McDONALD formerly Radford) his wife.
ON the 15yth day of July in the year of one thousand nine hundred and nineteen Howard Richard Balmer of 430 Little Collins Street Melbourne in the State of Victoria Law Clerk being duly sworn makes oath and says as follows:–
1. On the Fourteenth day of July now instant I duly served the abovenamed Annie McDonald with a true copy of the Petition herein such copy of the Petition having been duly certified as correct in the Office of the Supreme Court of New South Wales in its Matrimonial Causes by FC Bayliss Acting Chief Clerk in Divorce and sealed on each page with the Seal of this Honourable Court and having a Citation duly endorsed thereon addressed to the said Annie McDonald and commanding her within two calendar months after service thereof inclusive of the day of such service to cause an appearance to be entered for her in the said Court which Citation was signed for the Registrar by the said FC Bayliss Acting Chief Clerk in Divorce by handing the said Copy Petition to the said Annie McDonald personally at the Office of Messrs Henderson and Ball Solicitors 430 Little Collins Street Melbourne in the State of Victoria.
2. The said copy Petition had also endorsed upon it the address of Read and Read of Somerset House Number 5 Moore Street Sydney Solicitors for the abovenamed Petitioner.
3. Before serving the said copy Petition I called at the
[Signed] Howard R Balmer
15th July 1919
[Signed] Alfred Hall
~ ~ ~ ~ ~
Orient Hotel corner of Bourke and Swanson Streets Melbourne and in answer to my enquiry for Miss McDonald, a barmaid was pointed out to me and on my interviewing her and asking her if she was Miss McDonald she said “Yes”. I then said “You are Mrs McDonald are you not?” and she said “Yes”. I informed her I had some divorce papers to serve on her and would prefer to see her after business hours and requested an appointment. She said “I’m off duty at 2 o’clock to-day and could see you this afternoon.” I said “Will you call at our Office Henderson and Ball, Solicitors, 430 Little Collins Street?” and she said she would. On her calling at the said Office I handed her the said copy Petition and I said when she had read it “Are you Annie McDonald the Respondent mentioned in this Copy Petition?” she said “Yes”. I also gave her a copy of Petitioner’s Affidavit which she read through. I thereupon requested her to sign the receipt for the said copy Petition which receipt is annexed hereto and marked with the letter “A” and she signed the same “Annie McDonald.” She conversed with me after service and amongst other things said her husband was no use to her and she would not defend the case.
SWORN by the Deponent on the day and year first abovementioned at Melbourne in the State of Victoria.
[Signed] Howard R Balmer
Before me:
[Signed] Alfred Hall
A Commissioner of the Supreme Court of New South Wales for taking affidavits in Victoria
Dated the 15th day of July 1919
A.
I HEREBY acknowledge to have received from Howard Richard Balmer a duly certified copy of the Petition of James Henry McDonald of Grafton in the State of New South Wales Agent Petitioner in the Suit for dissolution of Marriage No. 592 of 1919 wherein I am named as Respondent, and say that I am the same and identical with the said Annie McDonald therein named.
DATED this Twentieth day of July 1919
[Signed] Annie McDonald
This is the annexure marked “A” mentioned and referred to in the annexed Affidavit of Howard Richard Balmer sworn before me on the 15th day of July 1919 at Melbourne
Before me
[Signed] Alfred Hall A Commissioner of the Supreme Court of New South Wales for taking Affidavits in Victoria.
4a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction.
No. 592 of 1919.
|
McDONALD v. McDONALD |
DRAFT ISSUES. |
READ AND READ
SOLICITORS
MOORE STREET
SYDNEY.
4b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction }
No. 592 of 1919.
In re JAMES HENRY McDONALD of Grafton in the State of New South Wales Agent and against ANNIE McDONALD (formerly Radford) his wife.
QUESTIONS FOR THE JUDGE;—
1. Whether James Henry McDonald the Petitioner was married to Annie McDonald the Respondent on the Thirteenth day 13th of April one thousand nine hundred and three 1903?
2. Whether the Respondent has without just cause or excuse wilfully deserted the Petitioner and without any such cause or excuse left him continuously so deserted during three years and upwards?
Registrar
Settled as altered
[Signed] HS Wood
Issues to be tried at Sydney, at present sitting
Deputy Registrar
29.9.1919
[Initialled] HW 29.9.1919
5a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction.
No. 592 of 1919.
|
McDONALD v. McDONALD |
AFFIDAVIT OF |
Deponent: TWV Read.
Sworn 16 September 1919.
Read and Read
Solicitors
5 Moore st
SYDNEY.
5b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction. }
No. 592 of 1919.
IN RE JAMES HENRY McDONALD of Grafton in the State of New South Wales Agent and ANNIE McDONALD (formerly Radford) his wife.
On the sixteenth day of September one thousand nine hundred and nineteen THOMAS WALFORD VERO READ of Sydney in the State of New South Wales Solicitor being duly sworn makes oath and saith as follows:—
1. I did on the sixteenth day of September now instant search the book kept in the office of the Registrar for entering appearances and find that no appearance has been entered in this Suit by or on behalf of the Respondent.
2. The time for such appearance had then elapsed the respondent having been duly served with the Petition at the Offices of Henderson and Ball Solicitors, 430 Little Collins Street Melbourne on the Fourteenth day of July one thousand nine hundred and nineteen as appears by the Affidavit of Harold Richard Baliner [sic] sworn on the Fifteenth day of July one thousand nine hundred and nineteen and filed herein.
SWORN by the said Deponent on the day first above mentioned at Sydney
[Signed] TWV Read
Before me:–
[Signed] WW Rockford, JP.
6a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction. }
No. 592 of 1919.
|
McDONALD v. McDONALD |
Praecipae for Trial |
Read and Read
Solicitors
Sydney
6b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction. }
No. 592 of 1919.
James Henry McDonald
against
Annie McDonald
Enter this Cause for Hearing at the present sittings Dated this 30th day of September AD 1919
[Signed] Read & Read
Solicitor for Petitioner
5 Moore Street
Sydney.
7a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction
No. 592 of 1919
|
McDONALD v. McDONALD |
ISSUES |
Tuesday 11Nov 1919
Coram Harvey J
Domicile NSW
Both issues affirm
Decree Nisi 6 months after service on Crown Solicitor
Petitioner has custody child
[Initialled] LD
Read and Read
Solicitors
5 Moore Street
Sydney
7b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction }
No. 592 of 1919
JAMES HENRY McDONALD
against
ANNIE McDONALD
QUESTIONS FOR THE JUDGE:–
1. Whether James Henry McDonald the Petitioner was married to Annie McDonald the Respondent on the 13th of April 1903?
2. Whether the Respondent has without just cause or excuse wilfully deserted the Petitioner and without any such cause or excuse left him continuously so deserted during three years and upwards?
[Signature illegible]
REGISTRAR
8
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction. }
No. 592 of 1919.
BETWEEN:–
JAMES HENRY McDONALD.
Petitioner
-and-
ANNIE McDONALD
Respondent.
The Eleventh day of November AD 1919.
This cause coming on to be heard this day and the issues to be tried before the Honourable Alexander Gordon, the Judge of the Matrimonial Causes Jurisdiction of the said Supreme Court. Whereupon and upon reading the petition and issues filed herein, the affidavit of Howard Richard Balmer sworn on the 15th of July 1919 of service of the petition and citation on the abovenamed respondent, the affidavit of Thomas Walfred Vero Read sworn on the 16th of September 1919 of search and no appearance by or on behalf of the abovenamed respondent and both filed herein And upon hearing the oral evidence of the said petitioner, and of William Thomas McDonald, called on behalf of the petitioner, And upon hearing what was alleged by Mr Hinton of counsel for the petitioner, and no one appearing on behalf of the respondent, His Honor found the first and second issues in favour of the petitioner, that is to say:–
1. Whether James Henry McDonald, the Petitioner was married to Annie McDonald the Respondent on the 13th of April 1903?
2. Whether the Respondent has without just cause or excuse wilfully deserted the Petitioner without any such cause or excuse left him continuously so deserted during three years and upwards?
9a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction.
No. 592 of 1919.
|
McDONALD v. McDONALD |
DECREE NISI |
To the Petitioner and Respondent:–
TAKE NOTICE THAT if you marry again before his Decree shall have been made absolute you will be guilty of bigamy.
Section 28 of the Matrimonial Causes Act 1899 provides that the respective parties to a suit for dissolution of marriage may marry again as if the marriage had been dissolved by death where but not before:–
(a) The time limited for appealing against a decree absolute has expired and no appeal has been presented: or
(b) Any such appeal is dismissed: or
(c) In the restful of any appeal the marriage is declared to be dissolved.
[Signed] Arthur G Saddington
Deputy Registrar
Read & Read
Solicitors
Somerset House
Moore St
9b
Wherefore this Court doth order and decree that the marriage of the petitioner James Henry McDonald with the Respondent Annie McDonald be dissolved, unless within six months from the date of the service of a copy of this decree upon the Crown Solicitor any person shall show cause why this decree should not be made absolute, or the Crown Solicitor shall under the direction of the Attorney General by leave of this Court intervene, or unless it should otherwise appear that this decree should not be made absolute. And this Court doth further order that the Petitioner have the custody of the child Doris, the issue of the said marriage.
[Initialled] FCB
By the Court
[Signed] Arthur G Saddington
Deputy Registrar.
10a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction.
No. 592 of 1919.
|
MCDONALD v. MCDONALD |
AFFIDAVIT |
SWORN the 21st day of June 1920
Read and Read
Solicitors
Moore St
Sydney.
10b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction. }
No. 592 of 1919.
BETWEEN JAMES HENRY MCDONALD
Petitioner,
-and-
ANNIE MCDONALD
Respondent.
ON the twenty first day of June one thousand nine hundred and twenty THOMAS WALFORD VERO READ of Sydney in the State of New South Wales Solicitor being duly sworn makes oath and says as follows:–
1. On the twenty-third day of December last past I duly served the Crown Solicitor with a true copy of the Decree nisi herein.
Sworn by the deponent on the day first above-named
at Sydney:
[Signed] TWV Read
Before Me:–
[Signature illegible] JP.
11a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction.
No. 592 of 1919.
|
McDONALD v. McDONALD |
Certificate of |
Decree Nisi served 23rd December 1919
Period expires 23 June 1920
Gordon J
30-6-1920
With custody of child [Initialled] LD
Read & Read
11b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction. }
No. 592 of 1919.
BETWEEN
JAMES HENRY MCDONALD.
Petitioner,
and
ANNIE MCDONALD.
Respondent.
IN pursuance of the 22nd Section of the “Matrimonial Causes Act, 1899,” and on the request in writing by the Petitioner, I hereby submit the name of this suit to the Court for confirmation of the Decree Nisi herein, and I hereby certify that no matter in opposition to the final Decree herein is now pending.
Dated this 29th day of June, 1920.
[Signature illegible]
Deputy Registrar.
12a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction.
No. 592 of 1919.
|
McDONALD v. McDONALD |
REQUEST |
READ and READ
SOLICITORS
MOORE ST
SYDNEY.
12b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction. }
No. 592 of 1919.
BETWEEN:–
JAMES HENRY MCDONALD
Petitioner
-and-
ANNIE MCDONALD
Respondent.
I HEREBY request that and Decree Nisi for dissolution of Marriage in the above suit pronounced by this Honourable Court on the eleventh day of November One thousand nine hundred and nineteen be made absolute.
DATED this twenty fourth day of June 1920.
[Signed] JH McDonald
13a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction.
No. 592 of 1919.
|
McDONALD v. McDONALD |
DECREE ABSOLUTE. |
READ AND READ
SOLICITORS
MOORE STREET
SYDNEY.
13b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction. }
No. 592 of 1919.
BETWEEN:–
JAMES HENRY McDONALD.
Petitioner.
-and-
ANNIE McDONALD.
Respondent.
UPON READING the Decree Nisi granted herein on the Eleventh day of November one thousand nine hundred and nineteen, the Affidavit of Thomas Walford Vero Read of Service of a copy of the Decree Nisi on the Crown Solicitor sworn on the twenty first day of June One thousand nine hundred and twenty, the Request in writing of the Petitioner that the said Decree be made absolute, and the Certificate of the Registrar of the Court that no matter in opposition to the final Decree is now pending, and all filed herein THIS COURT DOTH ORDER AND DECREE that the Decree Nisi aforesaid be and the same is hereby made absolute, and that the Marriage between James Henry McDonald the above named Petitioner, and Annie McDonald the abovementioned Respondent, is hereby dissolved accordingly AND THIS COURT DOTH FURTHER ORDER that the Petitioner do have the sole and permanent custody of Doris the issue of the said Marriage.
By the Court
REGISTRAR.
~ ~ ~ ~ ~
Divorce court transcript Tue 11 Nov 1919 3
334
Coram: HARVEY J.
Tuesday, 11th November, 1919.
In the Supreme Court
of NSW in Divorce. }
McDONALD V. McDONALD.
| PETITIONER: | JAMES HENRY McDONALD. |
| RESPONDENT: | Rose Ann McDONALD. (As amended.) |
MR HINTON appeared for petitioner.
| ISSUES: |
1. Marriage, 13th April, 1903. 2. Desertion without just cause or excuse during three years and upwards. |
| PETITION: |
Filed 10th July, 1919. |
| SERVICE |
Personal. Affidavit of HR Balmer, of 15th July, 1919. Affidavit of TWB Read of 16th September, 1919, of search and no appearance. |
1903, marriage certificate. Photo: Peter de Waal
335
PETITIONER
Sworn examined deposed:–
TO MR HINTON: My name is James Henry McDonald. I am the petitioner in this case. I was born at Collingwood, Victoria. I am a timber worker. I was married to respondent, Rose Ann McDonald on the 13th April, 1903, at 448 Queen Street, Melbourne. That was Holts Matrimonial Agency. I was married by the Rev AJ Abbott according to the rites of the Free Christian Church. My wife’s maiden name was Radford. My wife was born in Burnie Tasmania. Before the marriage my address was Garrigong, Gippsland, Victoria. The document shown to me is a copy of my marriage certificate.
(Certified copy of marriage certificate put in and marked Ex A.).
After we were married we lived at Yarragong, Gippsland. We lived there till 1910. There had been one issue of the marriage in that time – Doris. She was born on the 21st September, 1904. From Yarragong I went to Western Australia. My wife did not accompany me. I went to Western Australia to follow my work in the timber industry. In the following year I went back to Melbourne. My wife was then living in Victoria. I went and lived with her. I lived with my wife I think about less than 2 months – about 6 or 7 weeks. Then I returned to Western Australia. My wife did not go with me. I asked her to go with me. She said she had no intention of leaving Melbourne.
TO HIS HONOR: She was doing nothing at that time – just living in Melbourne. I was supporting her.
TO MR HINTON: I stayed in Western Australia till 1913, still
Petitioner. X.
336
engaged in the timber business. After I left Western Australia I came back to Victoria and went up to Gippsland at the end of 1913. My wife was not living in Gippsland then. She was living in Melbourne. After I live went back to Victoria I lived with my wife for about a fortnight.
TO HIS HONOR: That was in Melbourne on my way to Gippland Gippsland. I landed in Melbourne.
TO MR HINTON: I stayed in Gippsland about 4 months. I was working there. After I left Gippsland I went to Queensland. Before I went to Queensland I saw my wife. I asked her to go with me.
TO HIS HONOR: I saw her at her home at Cardigan Street, Carlton. She had an old lady with her, and the daughter. I was paying her an average of about £10 a month.
TO MR HINTON: I saw my wife before I went to Queensland. I asked her to go with me. She refused to go. I stayed in Melbourne only a few months until towards the end of the year. Then I went back to Victoria to a place called Healsville [sic], just outside Melbourne. That was the latter end of 1913, just on Christmas time. I saw my wife. I lived with her.
TO HIS HONOR: She stayed in Melbourne the whole of the time.
TO MR HINTON: I was only there for about a week and then I went on to Healsville. I was at Healsville until April – about 4 or 5 months. Then I came down to Melbourne. I decided to leave Victoria altogether and come up to New South Wales.
TO HIS HONOR: I was in the timber work the whole of the time, but I could not follow my work down there because the timber was not there, so I had to go away somewhere and I told her I had to
Petitioner x.
337
come to New South Wales and I told her definitely I intended to reside here, I was not going back to Victoria.
TO MR HINTON: I told my wife as near as I could just what part of New South Wales I was coming to. I told her Taree on the North Coast. I asked my wife to come with me. She gave me the same answer that she had always given me, that she would not leave Melbourne to go anywhere with me, she intended remaining in Melbourne. I had no intention whatever of going back. I came over to New South Wales and I went to Taree. I stayed in Taree about 6 months, I suppose, and then I went to Grafton. I stayed at Grafton right up to the present time. I live there at present. I have been at Grafton ever since. Grafton has been my headquarters. Occasionally I am a few miles out. I always consider Grafton my home. I occasionally go a few miles out from Grafton. My letters are addressed to Grafton and they have always been addressed to Grafton since I went there. I stayed at the Riverview Hotel at Grafton. I have always stayed at that hotel, except possibly on occasions when I could not get rooms. That would not be frequent – only rare occasions. I told my wife what I was going to New South Wales for. I told her I was going to follow the timber work. I did not see my wife again until 1916. I went down from New South Wales to Victoria and had an interview with her out at her home. I did not go and live with her.
TO HIS HONOR: That was in April, 1916.
TO MR HINTON: I had a conversation with my wife then. I asked her had she definitely decided that she would not leave
Petitioner x.
338
Melbourne.
TO HIS HONOR: I had been supporting her up to that time.
TO MR HINTON: I asked her to go to where my work was and she refused. I told her at the time that if she refused to leave Melbourne I could not keep two homes and I intended to get a Divorce. She said “You can please yourself what you do.” I said “Will you keep Doris”, and she said yes, and she said “I am not going to leave Melbourne”. My wife was a barmaid at that time. She went into the bar in 1911. That was just after I went to Western Australia. I asked my wife to come over and she definitely refused. I stayed in Gippsland mostly at that time when I was in Victoria. I stayed in Melbourne for a night or two that I was there, and then I went into the country. I was only in Victoria a week altogether. I came back to New South Wales and I have been living in Grafton ever since. After I came back to New South Wales I wrote a couple of times to my wife. I thought she might reconsider her decision, but it was always the same, she replied that she would not live with me. I had the letters destroyed in a fire.
TO HIS HONOR: I did not bring the child back with me.
TO MR HINTON: I have been supporting the child ever since. I allowed her up to 1916 £1 a week while the child was in a State School. Since then she wanted to send the child to the convent. Since then it has cost me £2 a week. I do not pay that money to my wife. I pay that money to the Sisters in the Convent. My child is still in the convent and I pay for her.
TO HIS HONOR: I have not paid anything to my wife since, 1916.
Petitioner x.
339
I told her definitely again that I could not support two homes.
TO HIS HONOR: I know my wife’s writing. I look at the annexure to the affidavit of service. That is her signature.
(Witness retired.)
WILLIAM THOMAS McDONALD.
Sworn examined deposed:–
TO MR HINTON: I am a mercer and outfitter. I am a brother of the petitioner. I was present in Melbourne when a conversation took place between my brother and his wife in February 1914. My brother said that he was about to leave for New South Wales to settle down permanently as he found that his prospects were much better there, and his work would cause him to get along a lot better in New South Wales in the timber industry than in Victoria, I then asked my brother’s wife if she intended to accompany him, and she said “No, not me, I am not going to leave Melbourne.” Conversing on the same question a few minutes later she gave me clearly to understand that she would not leave Melbourne under any consideration.
TO HIS HONOR: I have not been up to my brother’s place in Grafton. I have been corresponding with him.
TO MR HINTON: I addressed my letters to the post office Grafton. I have not been in Sydney during the last 3 years. I have been in Broken Hill.
(Witness retired.)
JUDGMENT.
HIS HONOR: I think the case is made out that the petitioner had acquired a domicile in NS Wales at the date of filing his
340
petition. The parties were married on the 13th April, 1903. On the petitioner’s evidence, which is supported both by his brother to a certain extent and also by the evidence of Miss Balmer, who served the petition on the respondent and had a conversation with her, the case is made out of desertion since the beginning of the year 1916, and has continued for three years and upwards prior to the filing of the petition. I find both issues in the affirmative and I make a decree nisi returnable in six months, petitioner to have the custody of the child.
~ ~ ~ ~ ~
The Daily Telegraph, Wed 12 Nov 1919 4
THE COURTS.
———◦———
CIVIL.
——
Mr Justice Harvey, in Divorce, yesterday granted decrees nisi, returnable in six months.
…
James Henry McDonald against Rose Ann McDonald, formerly Radford, desertion; Mr Hinton (instructed by Messrs Read and Read) for the petitioner.
~ ~ ~ ~ ~
The Sydney Morning Herald, Wed 12 Nov 1919 5
IN DIVORCE.
(Before Mr Justice Harvey.)
…
McDonald v. McDonald.
James Henry McDonald petitioned for a dissolution of his marriage with Rose Ann McDonald (formerly Radford) on the ground of desertion. The petitioner and respondent were married at Melbourne in 1903. Mr Hinton (instructed by Messrs Read and Read) appeared for the petitioner. A decree nisi, returnable in six months, was granted.
~ ~ ~ ~ ~
The Sydney Morning Herald, Thu 1 Jul 1920 6
IN DIVORCE.
(Before Mr Justice Gordon.)
His Honor pronounced absolute the decrees nisi granted in the suits:—
…
James Henry McDonald v Annie McDonald,
1 The Sydney Morning Herald, Mon 22 Jan 1951, p. 14.
“DEATHS
…
FEATHERSTONE, Maxwell Clive.—January 21, 1951 (result of accident), loved son of Mr and Mrs W Featherstone, of 66 McDonald Street, Erskineville, dear brother of Thomas (Bill), Ronald, Valda, Dorothy, Gloria, Betty, Emma, Heather, and Pauline, aged 36 years. At rest.”
~ ~ ~ ~ ~
The Sydney Morning Herald, Tue 23 Jan 1951, p. 18
“FUNERALS
…
FEATHERSTONE.—The Relatives and Friends of the late MAXWELL CLIVE FEATHERSTONE are advised that his Funeral will leave our Funeral Home, 24 Enmore Road, Newtown, This Morning at 9.15 o’clock, for the Crematorium, Eastern Suburbs.
Labor Motor Funerals Limited.
24 Enmore Road, Newtown.
‘Phone, LA2777 (4 lines).
FEATHERSTONE.—2/104 AGT and 1st RMT, Co.’s, invite members of the above association to attend the Funeral of their late member, Maxwell Clive FEATHERSTONE; to leave at 9.15 o’clock, for the Eastern Suburbs Crematorium, from Labor Motor Funerals, 24 Enmore Road, Newtown.
AW Anderson, Pres, RFB Edwards Sec.”
2 SRNSW: NRS13495, [13/12975] , Divorce and matrimonial cause case papers, No. 592, 1919.
3 SRNSW: NRS2713, [6/2886] , Transcripts of evidence of the various courts, royal commissions, boards of inquiry, 1919, pp. 334-40.
4 The Daily Telegraph, Wed 12 Nov 1919, p. 7.
5 The Sydney Morning Herald, Wed 12 Nov 1919, p. 8.
6 The Sydney Morning Herald, Thu 1 Jul 1920, p. 5.