Bigamy. -
Bernard M'Donald, alias Robt. Henry M'Donald, was brought up, charged, on the
information of Susannah Boulin, with having,
on 4th February, 1860, married and taken to wife her, the said Susannah Boulin.
then Skipper, his wife Jane M'Donald being then alive.
The Venerable Archdeacon Browne proved that in 1845 he was chaplain of
St. John's Church, Launceston, and that on the 4th August in that year he
solomnised a marriage between Bernard M'Donald and Jane Peandon, and produced
the register containing an entry to that effect.
They were married by Bannes, and with the consent of
the Goverment, a nessec sary condition to the marriage of pearsons in their
positlon, both being ticket of leave or pass-holders.
Could not recollect
the occurrence, and therefore could not identify the parties, but could swear
to the fact that they were married, from the entry in the book.
William Dickson, a saddler residing at Evandale, having gone close to and
looked at prisoner, deposed that he knew him as Barney M'Donald; first became
acquainted with him at Curraghmore, White Hills (Stephenson's Estate)
about 25 years ago ; he was living there in the capacity of shoemaker,
and the woman now present, Jane M'Donald, was living with him and passed for
his wife.
About the time the diggings broke out prisoner went to Port Phillip.
He returned subsequently, and witness knew him when employed as manager on
the Panshanger estate, near Longford. Matthew Saxson corroborated the
evidence of last witness as to the prisoner having lived at Curraghmore
as shoemaker, and also that the woman now present lived with prisoner as his wife
at that time.
John O'Brien, pawnbroker, residing in Launceston, deposed :
In former years, I carried on business as a leather seller, and one of my
customers was a man named Barney M'Donald, a shoemaker; I had known this man
before he was in business for himself ; I remember him when he was a
servant on the farm of Mr W. Branagrove, of the East Tamar; Jane Peadon was
employed as a servant in the said house of Mr Branagrove ; I remember M'Donald
and Jane Peadon leaving the farm with permission of the master to get married;
the woman herself told me afterwards that they had been married at fort
St. John's Church, Launceston ; this was '45 or '46 ; he was afterwards a
shoemaker and subsequently was, I believe, manager for Mr Bowring, on
the Panshanger estate near Longford; I believe he told me this himself ;
I identify the prisoner as the Barney M'Donald I have spoken of ; I might not
have recognised him only the other day he came to my place and spoke to me;
when he spoke to me I looked at him and at once said: "Is that you Barney?"
He replied, "Yes."
Susannah Boulin deposed :
I carry on business in this town as a licensed victualler, and keep the
Ship Inn; my maiden name was "Skipper, and my mother's maiden name was Boulin ;
I adopted that name to avoid recognition and pursuit by prisoner.
Prisoner; -
May I be allowed to get my papers, your Worship ?
Mr Mason - What papers ?
Prisoner - The papers taken from me when I was searched.
Mr Mason - Any papers found in your possession may be used as evidence against
you, as you are charged criminally, therefore they cannot be given up to you.
A Examination continued -
I know the prisoner ; 'I have lived with him as his wife, believing myself to
be his wife, having been married to him at the Baptist Chapel, York-street,
by Mr Henry Dowling ; we were married in February, 1860 ; I cannot swear
to the day; M'Donald was then manager for Mr. Edward Bowring ;
he was married in the name of Robert Henry M'Donald, and I was married in the
name of Susannah Skipper;
I afterwards lived with him at Panshanger, Longford, Doloraine, and different
parts of Victoria ; he has lately come to my house, and claimed me as
his wife and: taken possession of my property.
Mr. Mason - Were there any witnesses to the marriage?
Witness - Yes, two of Mr Dowling's maid servants.
To Mr. Coulter -
I did not discover positively the position I was in till this
morning week; About eighteen, months ago prisoner deserted me in Victoria:
he stayed away a short time, then came back and sold off overthing and
left me destitute after he sold the things I took a situation ;
I stayed in it till. Easter week, when I left service and came over here;
I changed my name and took a licensed house under the name of Boulin
to support myself and five children ; I assumed that name in order that
prisoner might not discover me ; he did discover me here ; he came to
my house on 22nd instant, and took posession of my things by placing
two men in charge ; though I had no absolute proof, I had
heard matters which for years previously had left me in suspense as to my
condition.
After he had taken possession of the house,
I came to the police station, and there proof was discovered of the evidence
of a former wife, and in consequence I laid the present charge.
Prisoner then commenced to crosss-examine on subjects quite irrelevant,
when he was checked. " by the Police Magistrate. He then said to witness
- When did you first come to me as my wife ?
Witness - In 1855, from Longford.
Prisoner - Were we married then?
Witness - You brought me into town to a house called the Horse and. Jockey.
You left me there with the bridesmaid, Miss Southall, and her stepfather,
Mr. Edwards, and went to got a parson Mr Mason said prisoner was, charged
with marrying witness in 1860, and this could have nothing to do with it.
Prisoner - Do you, swear positively that you did not know bafore 1800 that
I was married?
Witness - I know nothing of it till 1861 a year after the Marriage,
when Mr Gregory said there was a former wife, and that you ought to
be brought to justice.
Prisoner - If you knew it in 1861 why did you marry me?
Mr. Mason - She says she did not know of it till 1861, a year after the marriage.
Prisoner- Yes, your Worship, but we were not married in 1861.
Mr Mason - We have proof that you were married in 1860. Here is a copy of the registry
with the date of your marriage, 4th February, 1860, at the Baptist Chapel,
Launceston, and the names of the witnesses.
Prisoner - It must be a mistake.
Mr. Mason-- Oh no. it is not. This registry is quite proof enough.
Witness - I had frequently asked you if you had been married, and you always denied it.
Prisoner- Who is the man you are living with now?
Witness-- My brother.
Prisoner - Oh your brother, eh? Who were you living with during the twelve Months
I was in the Hospital at Melbourne?
Witness-- My children
Prisoner -- Not with the man Francis?
Witness- No,
Prisoner- Did you not sell off all the things when I was in thie Hospital ?
Witness- No.
Prisoner- Did not this man Francis call the sale of the things, and buy the
lot in for £10 14sh ?
Witness- No.
Mr. Masons - What is all this about ?
Mr Coulter- He is going into questions of business in Victoria.
Mr. Mason - I can not allow these questions to he put ; they cannot affect the
case in the slightest degree. All you have to do is to rebut the charge of bigamy.
Prisoner - Thank you, your Worship I have nothing more to say.
The Bench Clark, Mr. Spottswood then read over the witness's deposition,
after which Mr. Mason thought it would be as well to have little light
thrown upon the affair of 1855 for the information of the Attornoy-General.
Mr. Coulter therefore re-examined the witness, who stated : In 1855 I left the
service of Mr. Uniacke, of Longford, and came with M'Donald to Launceston to be
married; Mr Chas. Edwards and his step-daughter accompanied us to be witnesses
of the marriage; we went to the Horse and Jockey public house in York-street;
he went out to see a parson he said; then came back and took me to Mr Price's
chapel in Tamar-street ; he left me outside the door and went in; he came out
again after a few minutes and said I would have to say I had been in Launceston
six weeks or the parson would not marry us ;
I did not go into the chapel ; I said I would not go in and say such a thing;
he then said we will be married by special license, and told me
to go back to the Horse and Jockey and wait for him. I did so.
He then came and took me up to a house in Canning street occupied
by Mr Francis, a builder;
there the ceremony was performed by a man dressed in black like a clergyman,
whom I believed to be a clergyman. I had a marriage certificate given to ms by
this person. I then went home to Panshanger as the wife of prisoner,
and was introduced to his master and mistress as his wife.
About five years after there was a man came to Panshanger, who seemed like
the man who married us, as a laborer. I spoke to M'Donald, and said,
"That man looks just like the parson who married us."
He said I was a fool, and began to swear at me. After the man had been at the
farm some time he told me that it was himself who preformed the ceremony,
and that I was not married.
Mr Mason - What has become of the certificate? Witness- M''Donald had burnt it a long time before. Mr Mason - Where is that man? Witness- He died suddenly at the farm.
Mr Coulter - And then it was for your satisfaction that M'Donald brought
you to town and the marriage was accomplished ?
Witness- Yes.
Mr. Coulter then applied for a remand, and prisoner was remanded till Thursday.
Prisoner- May I have the few shillings ?
Mr Mason- What few shillings ?
Prisoner - That were taken from me by the police.
Mr Mason-Certainly not.
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AS yet the origins of Susannah harriet Fuller have not been positivley confirmed.