William Northcote Mortimer [36036]

William married Mary Jane Mathews [18148] [MRIN: 13739], daughter of Ricahrd Marrrans Mathews [36034] and Sarah Jane [36035], on 1878 Apr 14 in Queensland. (Mary Jane Mathews [18148] was born about 1862,¹ died on 1884 May 15 in Townsville, , Queensland ¹ and was buried on 1884 May 15 in Townsville Cemetary, Queensland ¹.). The cause of her death was Hydrothorax & Abortion.

  Noted events in their marriage were:

• Registration: Marriage, 1878, Queensland. ² 1878/C710
Mortimore, William
Mathews, Mary Jane

• Newspaper: Divorce Court, 1883 Apr 10, Brisbane, , Queensland. ³ SUPREME COURT. (1883, April 10). The Brisbane Courier (Qld. : 1864 - 1933), p. 5. Retrieved June 29, 2012, from <http://nla.gov.au/nla.news-article3416813>

<http://trove.nla.gov.au/ndp/del/article/3416813?searchTerm=%22mary%20Jane%22%20Edmonds&searchLimits>=

SUPREME COURT.
Monday, 9th April.
Matrimonial Jurisdiction.
Before his Honour Mr. Acting Chief Jus- tice Harding.
MORTIMER V. MORTIMER AND EDMONDS.
This was a petition by William Northcote Mortimer for a dissolution of his marriage with Mary Jane Mortimer on the ground of her adultery with the co-respondent, Josiah Ed-monds, and for the recovery of £500 damages from the co-respondent.
Mr. Byrne, instructed by Mr. J. R. Baxter- Bruce, appeared for the petitioner. The re- spondent and co-respondent were neither pre- sent nor represented,
The following Jury were empanelled:-Messrs. Thomas S. Cowell, Daniel M'Nab, James Hip- wood, and John Daseley.
The petition set forth that William North-cote Mortimer was married to the respondent, Mary Jane Matthews, on the Hodgkinson gold- field, by the Rev. L. Fabris, on the 14th of April, 1878. After his marriage he lived with his wife, first at the Hodgkinson, and after- wards at Maytown and Georgetown until the 7th of December, 1881. He was now 32 years of age, and the respondent was 23 years of age. The petitioner was a miner and his wife, who had no means at the time of her marriage, was now employed and had lately been living at M'Donald's Creek, near Georgetown. During the time they lived together the petitioner had ever treated the respondent with kindness and consideration. There were two children issue of the marriage, both of which died in infancy. On or about the 14th March, 187S, the petitioner became acquainted with Josiah Edmonds, who was a grazier near Georgetown, and with whom Mrs. Mortimer was already acquainted. On the 7th December, 1881, the petitioner formed one of a prospecting party sent out by the Queens-land Government, prospecting for mineral wealth, and did not return till the 1st of June, 18S2. During his absence the respondent and co-respondent continually committed adultery together, and lived together in Edmonds's house, near Georgetown. The petitioner therefore prayed for a dissolution of his mar- riage with the respondent, and that the co- respondent be adjudged to pay £500 damages by reason of his having committed adultery with Mrs. Mortimer.
Mr. BYRNE opened the case at length, and called the following evidence.
William Northcote Mortimer deposed that he was a miner, residing in Georgetown ; knew the respondent in the case ; she was his wife. (The certificate of the marriage was here pro-duced and read.) The signature to the certifi-cate was his, and he was the person mentioned there; lived at the Hodgkinson for about a month with his wife, and then went to May-town with her, and afterwards to Georgetown, on the Etheridge ; was living at Georgetown about eighteen months before the 7th Decem-ber, 1881, and knew a man named Josiah Edmonds ; met him first on the Hodgkinson in March, 1878; Edmonds was then acquainted with witness's wife, and witness met him at her mother's house about a month before the marriage ; witness was not very intimate with him then, but told him he was going to be married to Mary Jane Matthews ; next met him after leaving the Hodgkinson about twenty miles from Georgetown, after going to live at the latter place ; became better acquainted with Edmonds while at Georgetown, and went with his wife to Edmonds's parents' place-a cattle station-to spend a fortnight; then became very friendly, and Edmonds became a visitor at witness's house, and though very friendly with witness's wife, he never suspected that there was anything wrong between them ; wit- ess was living very happily and comfortably with his wife until about six months after going to Georgetown ; she then became cool towards him and careless about household affairs;
Edmonds was away at about this time, and witness did not see him for nearly six months ; before witness noticed the change in his wife, Edmonds had only visited a few times at his house, but witness saw them meet at the house of one of Edmonds's married sisters ; on the 7th December, 1881, witness went out pro-specting for the Queensland Government. Told his wife about three months before that he intended to go. She did not make the slightest objection, and if she had witness would not have gone ; was away for twenty-five weeks, and returned on the 1st June ; did not see his wife when he returned, nor since ; received a letter from her which he had lost ; she said in the letter that she would never live with him again ; heard something about his wife on his return from the prospecting trip, and then made up his mind to apply for a divorce ; knew the registrar at Georgetown-Mr. Sandwell and got from him a certified copy of a register of the birth of a child (produced), of which Josiah Edmonds was alleged to be the father and Mary Jane Mortimer the mother ; received a second letter from his wife when at George-town, which was as follows :-" Forest Home, 20th June, 18S2. My Husband, - I received your letter on Friday night, and this is the first chance I have got to answer it. I expected to meet you here at Forest Home, when I came as you asked me and Joe to meet you here as soon as possible, but I was glad you wore not here, as it would be better for you not to see me or me to see you. I feel very sorry for you, but it is no use in me telling you stories about what I was going to do, and I hope I have not made your life unhappy by what I have done. I know I have done very wrong, but it can't be helped, as you always know I was very fond of Joe ; if you did not know it, it would not be likely that I would tell you, but I hope you will succeed in get-ting a divorce for your own sake more than mine. I don't think you ever cared any more about me than I did about you, and, perhaps, not as much, and I am quite agreeable to do anything you asked me in your letter, and I will leave my address with Mrs. Edmonds wherever I go, or else send it to you, and I am very sorry for all this trouble I am giving you and costing you. You cannot blame Joe for what he has done. Bill, you were always encouraging him to our place in town, and he can't help what he has done. I think I have told you all I have to say, so I will say good-bye.-I am, your wife, Mary Mortimer.
God bless you, Bill, and hope you will be better off without me."
Witness resumed : While living with his wife had two children by her, both of whom died ; always treated her as well as it is possible for a husband to treat his wife, and was never un- kind to her; never encouraged Edmonds to the house, except as inviting him in sometimes, as he did witness ; Edmonds was living at Forest Home, where witness's wife said she ex- expected to meet him.
Thomas Daldry deposed that he was a miner residing at Georgetown ; knew the petitioner William Mortimer, and also his wife Mary Jane Mortimer; knew Josiah Edmonds, of Georgetown, and recognised his photograph (produced) ; also recognised photograph of Mary Jane Mortimer (produced) ; had known the petitioner for nearly five years; became acquainted with his wife at about the same time ; they were then staying in Cooktown ; travelled up to the Palmer with them, and lived with them at Marytown at a place called the Queen ; they were then living together ; went with them when they left Maytown to go to Georgetown ; lived with them sometimes at Georgetown ; they seemed to live happily to- gether; met Edmonds at Georgetown ; saw him at petitioner's house ; saw acts of familiarity between him and Mary Jane Mortimer about a week before petitioner went out prospecting; as witness went in one morn- ing saw her and Edmonds on a sofa, and she was kissing Edmonds ; spoke to her during the day, and asked her what she was doing ; she said, " Nothing ; are you going to tell Mr. Mortimer?" witness said, "No ; I think it Is best not to ;" on the following day saw Edmonds in her bedroom ; she was there, and they stayed there about twenty minutes or so ; the petitioner was down at the machine at the time ; [witness here described various acts of familiarity he had observed between Mrs. Mor- timer and Edmonds;] never told petitioner about what he had seen ; spoke to Edmonds the day he saw them in the bedroom, and Edmonds, in the course of conversation, said, " I love the woman, and I'll never rest until I've made her Mrs. Edmonds ;" he also said that before wit- ness came back from prospecting he would take her to New South Wales ; witness came back with the petitioner from the prospecting trip ; saw Edmonds at Swan's hotel ; he asked how Mortimer was taking it, and said, " I'm thinking of going to see him ;" witness advised him not to do so, as there would be a row.
William Northcote Mortimer, the petitioner, recalled, identified the photograph produced as that of his wife.
Affidavit by Nicholas Barnwell, of George-town, special bailiff; as to the service of petiion and citation upon the respondent and co- respondent were tendered and read ; also, the affidavit of Alfred Unmack, of service of the necessary documents on the Attorney-General.
This closed petitioner's case.
Mr. Byrne addressed the jury at length, and his Honour having summed up, the jury re- tired, and after a brief deliberation returned the following answers to questions submitted by his Honour:-(1.) Did the respondent com- mit adultery with the co-respondent ? Yes. (2) Did the co-respondent commit adultery with the respondent? Yes. (3) What damages? , £500.
His Honour made a decree nisi for the dis- solution of the marriage, to be moved absolute at the expiration of six months ; decree to go with costs against the co-respondent. Damages to be paid into court, to remain there until after the decree is mode absolute, and then to be paid to the petitioner.
This concluded the business of the sittings.