John WARD - Wellington NSW

[majm]

It doesn't matter how broad his interpretation of the word 'widow' was, if John Ward wasn't dead, Judith wasn't free to remarry, and all three involved could go to prison. The first prosecution for bigamy occurred in N.S.W. in 1818 and you'll find many cases on Trove. These three weren't dishonest people, and there's no way they would have broken the law that way.

There are many many instances of NSW marriages where it would seem to 21st century eyes that there ought to have been a civil prosecution for Bigamy, yet there was not.   Further investigation usually brings the family history buffs to the various statute laws of NSW, and for the usual meaning of the word 'widow' and the NSW marriage Acts.  Trove is an excellent resource, and I draw your attention to Lachlan Macquarie's general orders that were frequently published in the Sydney Gazette.  In particular,  one (of many) regarding marriages... It remained in effect until 1 March 1856 and the introduction of civil registration.
https://trove.nla.gov.au/newspaper/article/627938 3 March 1810

Of course, the English statute laws had no effect on NSW from 19 July 1823, unless the particular statute expressly defined it to be effective in NSW, as per Sir Francis Forbes determination as Chief Justice of NSW. 

I think you will find that one of the first prosecutions in NSW for the civil crime of Bigamy was earlier than 1818.  I have info on a guilty verdict in 1816 for an offence dating from early 1815.  I think the male got 3 years H.L. at a secondary penal settlement, and time in gaol.    I have other examples where no charges were laid despite the newspapers noting the police had been notified of an apparent bigamy. 

Perhaps there's some useful info at the following thread
https://www.rootschat.com/forum/index.php?topic=648372.0

which mentions an update to Henry Finlay's paper
  https://webarchive.nla.gov.au/awa/20050804235330/http://pandora.nla.gov.au/pan/34360/20050715-0000/www.aifs.gov.au/institute/seminars/finlay.html

May I please ask how you know with certainty that the John MAXWELL aka John WARD who died aged 36 in 1853 was the chap who married Judith REECE? And also who (oops, edit to  ) how do you know with certainty that the Judith WARD who married in 1855 with William McKENNA was the widow of that same John WARD? 

By 1853 Wellington Valley was a popular transient locality ... afterall there had been the 1851 discovery of gold on the Turon which then joins up with the Crudine and then flows into the Macquarie, and Wellington is one of the towns along the Macquarie.  Those western goldfields were overflowing with people from various places around the world.  The population of NSW increased from less than 200,000 to more than 350,000 between 1851 and 1856.

JM

[Jamjar]

I have seen entries from Trove where a woman has stated something to the effect that if their husband doesn’t contact them within 3 months, they intend to remarry.

They did do so and lived happily ever after, free from prosecution for bigamy.

Jamjar

[Illawarrian]

I explained in my previous post. Instead of explaining again, why don't you give me all the reasons why you think it isn't him. It can't be him because.... A search of Trove newspapers from 1840 to 1860 shows that the word 'widow' in Australia in those days always meant a woman whose husband had died. I can't find a single article where 'widow' meant a woman separated from her husband and I stand by my statement that it would be illegal for Judith to remarry if John Ward were alive. I also do not believe she lied in order to remarry. It was only a little over 2 years between the birth of James Ward and the remarriage of his mother. What would Judith do if John Ward reappeared to visit his children after she told everyone he was dead! Imagine the scandal. She wouldn't do that. The marriage wasn't secret or shameful. There was a notice in the newspaper. Since John Ward died between 1851 and 1855, these are the choices you have in N.S.W.: John Ward died 1854 infant; John W. Ward died 1855 4 months; John Ward died 1853 age 59; or John Ward died 1853 aged 36. Which one do you think it is? Or, if this whole scenario is too disturbing, you can just believe whatever you like. No-one can make you change your mind. I'm not trying to force you to change your mind. You're free to believe whatever. If you prefer to think he disappeared into the sunset, no worries.

[Illawarrian]

I just had a look and I can't find any - maybe someone could find some of these notices for me?

I have seen entries from Trove where a woman has stated something to the effect that if their husband doesn’t contact them within 3 months, they intend to remarry.

They did do so and lived happily ever after, free from prosecution for bigamy.

Jamjar

[majm]

I explained in my previous post. Instead of explaining again, why don't you give me all the reasons why you think it isn't him. It can't be him because.... A search of Trove newspapers from 1840 to 1860 shows that the word 'widow' in Australia in those days always meant a woman whose husband had died. I can't find a single article where 'widow' meant a woman separated from her husband and I stand by my statement that it would be illegal for Judith to remarry if John Ward were alive. I also do not believe she lied in order to remarry. It was only a little over 2 years between the birth of James Ward and the remarriage of his mother. What would Judith do if John Ward reappeared to visit his children after she told everyone he was dead! Imagine the scandal. She wouldn't do that. The marriage wasn't secret or shameful. There was a notice in the newspaper. Since John Ward died between 1851 and 1855, these are the choices you have in N.S.W.: John Ward died 1854 infant; John W. Ward died 1855 4 months; John Ward died 1853 age 59; or John Ward died 1853 aged 36. Which one do you think it is? Or, if this whole scenario is too disturbing, you can just believe whatever you like. No-one can make you change your mind. I'm not trying to force you to change your mind. You're free to believe whatever. If you prefer to think he disappeared into the sunset, no worries.

I am not related to the family.  I am not drawing any conclusion as to the status of the couple who married in 1855.  But you have not shown that the Judith Ward who married in 1855 to William McKenna had been the widow of the chap (John WARD) who died aged 36 in 1853.   

I am absolutely sure that the NSW BDM does not have, nor has it ever claimed to have, every bdm record for every bdm event in NSW, particularly for the pre civil registration period.   

How sure are you that the only choices anyone has in NSW would be those you have typed up?

JM

[Jamjar]

I just had a look and I can't find any - maybe someone could find some of these notices for me?

I have seen entries from Trove where a woman has stated something to the effect that if their husband doesn’t contact them within 3 months, they intend to remarry.

They did do so and lived happily ever after, free from prosecution for bigamy.

Jamjar

Next time on the computer, I’ll see if I have saved a copy to file.

Jamjar

[Illawarrian]

I'm not related either so really, I don't much care either way. But someone said they were going to have a look at the probate packet and that will probably sort it out either way. I don't want to have any further discussion until the probate packet for John Ward died aged 36 has been checked. I'm not going to dig him up and do a DNA test.

I am not related to the family.  I am not drawing any conclusion as to the status of the couple who married in 1855.  But you have not shown that the Judith Ward who married in 1855 to William McKenna had been the widow of the chap (John WARD) who died aged 36 in 1853.   

I am absolutely sure that the NSW BDM does not have, nor has it ever claimed to have, every bdm record for every bdm event in NSW, particularly for the pre civil registration period.   

How sure are you that the only choices anyone has in NSW would be those you have typed up?

JM
[/quote]

[majm]

Likely you are referring to:

Good thinking Illawarian 

Theres is a probate packet for John WARD who died 30 september 1853 at NSW State Archives
https://www.records.nsw.gov.au/

I can photograph this the next time I am there ... it could contain a death certificate and other useful info.

Ros

It will NOT contain a death certificate.   It may have a record of burial, but as it is for a death in 1853 in NSW ... no d.c.

Civil Registration of bdm events commenced in NSW 1 March 1856.  If the NSW BDM index has the letter 'V' in the reference no. It is NOT a  certificate.  The 'V'  series are the  Early Church Records  and are scant in respect of family history. 

The Probate Packet should have good clues to help further.

JM

[majm]

I just had a look and I can't find any - maybe someone could find some of these notices for me?

I have seen entries from Trove where a woman has stated something to the effect that if their husband doesn’t contact them within 3 months, they intend to remarry.

They did do so and lived happily ever after, free from prosecution for bigamy.

Jamjar

I am away from home at the moment, but my ancient living rellies know how to keep in touch, so I share the following advertisement from the Maitland Mercury.   I should also add that those rellies include retired C of E clergy, retired senior NSW BDM officers, and a retired NSW State Archivist, and a retired National Library of Australia Archivist....       ... One of my parents had 16 siblings, and the other of my parents had 13 siblings who survived to adulthood.  (Yes, back before TV, and in an era when it was wasteful to leave 'electric lights' on...  )

Whereas my husband, William Everingham, left me, his Wife and child, three years ago, and if he does not return to maintain me and his child, it is my intention to get married within one week from this date.  Elza EVERINGHAM  Singleton, Oct 19, 1860.

https://trove.nla.gov.au/newspaper/article/18678736  Maitland Merc  27 Oct 1860.  (2nd column)

Likely that new marriage would be NSW BDM reference 2382/1860 with John SMIT/SMITH, registered in the Patricks Plain district.  That marriage drills down to 29 October 1860.
https://www.bdm.nsw.gov.au/familyhistory

    

JM