This is a transcription of the divorce proceedings between Henry Coker and his first wife, Frances.
Page 1
In the Supreme Court of Queensland Rockhampton Matrimonial Jurisdiction 1897 No 2
Mr Justice Power BETWEEN Henry (or Harry) Coker Plaintiff AND Frances Jane Coker Defendant
The twenty-second day of March 1898
UPON THE MOTION of Mr O’Rourke of Rockhampton of Counsel for the Plaintiff, and upon reading the Judgment nisi pronounced in this action on the ninth day of September 1897, and upon reading the Affidavit of Ronald Fox Swanwick filled on the twenty-second day of March 1898, and no cause being shewn to the contrary, THIS COURT DOTH ORDER AND ADJUDGE that the marriage solemnized on the twenty-ninth day of July 1888 between the above-named Frances Jane Coker shall be and the same is hereby dissolved. BY THE COURT (signature) REGISTRAR.
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In the Supreme Court of Queensland Rockhampton Matrimonial Jurisdiction 1897 No 2
Mr Justice Power BETWEEN Henry Coker PLAINTIFF AND Frances Jane Coker DEFENDANT
I, Ronald Fox Swanwick, of Rockhampton in the Colony of Queensland, Articled Clerk to Frank Bourner Kavanagh a member of the firm of Swanwick & Kavanagh of the same place Solicitors, being duly sworn, make oath and say as follows:-
1. I did on Tuesday the twenty-second day of March 1898 carefully search the books kept in the proper office of the Supreme Court of Queensland Rockhampton for the purpose of entering appearances from and including the ninth day of September 1897 the day of the date of the Judgment nisi made in this cause, to the said twenty-second day of March 1898 and found that during such period no Appearance has been entered in the said books by the Attorney General for Queensland or by or on behalf of an other person or persons whomsoever.
SIGNED and SWORN by the deponent at Rockhampton aforesaid the twenty-second day of March 1898 (signature of Ronald F.Swanwick) Before (signature of B.J.Beirne) A Commissioner for Affidavits.
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In the Supreme Court of Queensland Rockhampton Matrimonial Jurisdiction 1897 No 2
Mr Justice Power BETWEEN Henry Coker PLAINTIFF AND Frances Jane Coker DEFENDANT
TAKE NOTICE that this Honorable Court will be moved before His Honor Mr Justice Power on Monday the twenty-first day of March 1898 at ten o’clock in the forenoon or as soon thereafter as Counsel can be heard by Mr O’Rourke of Counsel for the above-named Plaintiff that the Judgment nisi made in this cause by this Honorable Court on the ninth day of September 1897 may be made absolute.
DATED at Rockhampton this fifteenth day of March 1898.
SWANWICK & KAVANAGH
of “Harding’ Chambers, East Street Rockhampton Solicitors for the Plaintiff.
It is not intended to serve this Notice of Motion upon any person
Page 4 (the same as Page 3)
Page 5
(Handwritten notes on left half of page)
(At the right half of the page)In the Supreme Court of Queensland Rockhampton Matrimonial Jurisdiction 1897 No 2
COKER v COKER (NOTICE of MOTION)
(Handwritten capital A)
Swanwick & Kavanagh Solicitors for Plaintiff “Harding’ Chambers, East Street.
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In the Supreme Court of Queensland Rockhampton Matrimonial Jurisdiction 1897 No 2
Mr Justice Power BETWEEN Henry Coker PLAINTIFF AND Frances Jane Coker DEFENDANT.
The ninth day of September 1897
THIS ACTION coming on for trial this day before the Honourable Mr Justice Power in the presence of the Solicitors for the Plaintiff and no one appearing for the Defendant Frances Jane Coker although she was duly served with Notice of Trial as by the Affidavit of Ronald Fox Swanwick filed this eighth day of September 1897 appears: UPON HEARING the evidence and upon reading the Affidavit of Robert John McCullough filed the twenty-fifth day of August 1897, the certified Copy Certificate of Marriage of the above-named Plaintiff to the above-named Defendant the certified Copy of the Certificate of the Birth of Arthur Sugden with declaration by the above-named Defendant attached, and the certified Copy of the Entry of the Birth of the said Arthur Sugden with declaration by the above-named Defendant attached, and the certified Copy of the Entry of the Birth of the said Arthur Sugden in a Register of Births kept at Muttaburra in
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the said Colony: and this Court having directed issues in this Action to be tried before a Judge alone and the said issues having on the ninth day of September 1897 been tried before the Honourable Mr Justice Power and His Honour having found that the Plaintiff Henry Coker and the Defendant Frances Jane Coker were married on the twenty-ninth day of July 1888 and that the Defendant Frances Jane Coker committed adultery with a person or persons unknown to the Plaintiff and that the Plaintiff has not condoned or connived at the adultery committed by the Defendant Frances Jane Coker THIS COURT DOTH ORDER AND ADJUDGE that the marriage solemnized on the twenty-ninth day of July 1888 between the above-named Henry Coker and the above-named Frances Jane Coker shall upon motion to be made to the Court in that behalf be dissolved, unless cause to the contrary be shewn unto this Court within three months from this day.
BY THE COURT (signature) REGISTRAR
Page 8 (This page is handwritten)
In the Supreme Court of Queensland Rockhampton Matrimonial Jurisdiction 1897 No 2
Mr Justice Power Between Henry Coker Plaintiff and Frances Jane Coker Defendant
I, Ronald Fox Swanwick of Rockhampton in the Colony of Queensland, Articled Clerk to Frank Bourner Kavanagh of the same place, a member of the firm of Swanwick & Kavanagh, Solicitors, make oath and say as follows:-
I did on the twenty-third day of August 1897, duly serve the above-named Defendant Frances Jane Coker with Notice of the trial of this action for the ninth day of September 1897by filing the same with the proper officer of this Honorable Court, she not having entered an appearance herein.
Signed and sworn by the above-named Deponent at Rockhampton aforesaid this eighth day of September 1897 (Swanwick’s signature) Before me (Unreadable signature) A Justice of the Peace
This Affidavit is filed on behalf of the Plaintiff.
Page 9 (This page is handwritten)
In the Supreme Court of Queensland Rockhampton Matrimonial Jurisdiction 1897 No 2
Mr Justice Power Between Henry Coker Plaintiff and Frances Jane Coker Defendant
I, Ronald Fox Swanwick, of Rockhampton in the Colony of Queensland, Articled Clerk to Frank Bourner Kavanagh, a member of the firm Swanwick & Kavanagh, of the same place, Solicitors, being duly sworn, make oath and say:-
I did on Thursday the nineteenth day of August 1897 search in the proper office of the Supreme Court Rockhampton to ascertain if the above-named Defendant had entered an appearance in this action, when I found that no such appearance had been entered, although the time allowed for doing so had expired.
Signed and sworn by the deponent at Rockhampton aforesaid this nineteenth day of August 1897
(Swanwick’s signature) Before me (Unreadable signature) A Justice of the Peace.
Page 10 (This page handwritten. The page is labelled at the left-hand side First Sheet Rockhampton, the twentieth day of August 1897 and is signed by Kavanagh, Deponent and an unreadable signature for a Justice of the Peace)
In the Supreme Court of Queensland Rockhampton Matrimonial Jurisdiction 1897 No 2
Mr Justice Power Between Henry Coker Plaintiff and Frances Jane Coker Defendant
I, Frank Bourner Kavanagh, of Rockhampton in the Colony of Queensland, a member of the firm Swanwick & Kavanagh, of the same place, Solicitors, being duly sworn, make oath and say:-
1. The Writ of Summons and Petition in this action were served upon the above-named Defendant on the thirtieth day of July past by Robert John McCullough of Barcaldine in the said Colony, Solicitor, as appears by his affidavit filed herein on the sixteenth day of August instant.
2. At the time of such service the said Robert John McCullough had a conversation with the said Defendant particulars whereof appear in a letter written by him to my said
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firm dated the thirty-first day of July 1897 of which the material parts are as follows:-
I asked her if she was Mrs Coker, and she replied that she was. I said “I suppose you are aware that your husband is taking proceedings for divorce.’ She replied “No.’ I said “Well, he is doing so, and I have the Writ for service on you.’ I then read the petition for her and she assented to the various facts therein stated, as the marriage and places where they lived together. In answer to my question if she was the person referred to she replied she was. I said “You gave birth to an illegitimate child about February last.’ She replied “Yes.’ “And you registered the birth with the Police Magistrate here at Longreach.’ “Yes’. “You did not give your husband’s name as the father, did you?’ “No.’ “Whose name did you give?’ “I gave his father’s name, Dare, he is the child’s father’.”
3. All the facts and circumstances herein contained are deposed to from my own knowledge except where otherwise shewn and my means of knowledge and sources of information appear upon the face of this my Affidavit.
Signed and sworn by the above-named Deponent at Rockhampton aforesaid this twentieth day of August 1897 (Kavanagh’s signature) Before me (Unreadable signature, possibly Rick Bath) A Justice of the Peace. This Affidavit is filed on behalf of the Plaintiff.
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In the Supreme Court of Queensland Rockhampton Matrimonial Jurisdiction 1897 No 2
Mr Justice Power Between Henry Coker Plaintiff and Frances Jane Coker Defendant
QUESTIONS for trial before the Judge of the Supreme Court Rockhampton without a jury on the ninth day of September 1897.
1. Were the Plaintiff Henry Coker and the Defendant Frances Jane Coker married on the twenty-ninth day of July 1888.
2. Has the Defendant Frances Jane Coker committed adultery with John William Dare.
3. Has the Plaintiff condoned or connived at the adultery (if any) committed by the Defendant Frances Jane Coker.
DATED at Rockhampton this twenty-third day of August 1897.
Swanwick & Kavanagh Solicitors for the Plaintiff “Harding” Chambers, East Street, ROCKHAMPTON.
Page 13 (handwritten)
In the Supreme Court of Queensland Rockhampton Matrimonial Jurisdiction 1897 No 2
Mr Justice Power Between Henry Coker Plaintiff and Frances Jane Coker Defendant
At left are the words First Sheet Barcaldine the Twenty-third day of August 1897 (R.McCullough’s signature) Deponent (Unreadable signature) Justice of the Peace.
I Robert John McCullough of Barcaldine in the Colony of Queensland Solicitor, being duly sworn make oath and say as follows:-
1 I did on the thirtieth day of July last past personally serve the abovenamed Defendant with a sealed copy of the writ of summons and an office copy of the petition herein at West Longreach in the said Colony.
2. At the time of such service I asked the said Defendant if she was Mrs Coker and she replied “Yes”. I then said “I suppose you are aware that your husband is taking proceedings for divorce” and she replied “No.’ I said to her “Well he is doing so and I have the writ for service on you.’
3. I then read to her the office copy petition of the abovenamed Plaintiff herein. After I had read that portion of the said petition to her which refers to the date and place of marriage I said to the Defendant “Is that correct” and she replied “Yes’
After I had read the subsequent paragraphs
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thereof to her namely that portion of the said petition which refers to the places where the Defendant cohabited with the Plaintiff she said “Yes.”
4 I then said to her “Are you the person referred in this writ and petition?’ and she said “Yes”.
5 I then said to her “You gave birth to an illegitimate child about February last.’ and she replied “Yes’. I said to her “And you registered the birth with the Police Magistrate here at Longreach.’ and she replied “Yes.’ I said “You did not give you husband’s name as the father did you?’ and she replied “No’. I said “Whose name did you give?’ and she said “I gave his father’s name, Dare, he is the child’s father.’
6 I said to her “Is the child still alive?’ and she replied “Yes.’ The said Defendant then further said, “I was forced into the marriage by my parents when I was very young and we never lived happily together.’
All the facts and circumstances above contained are deposed to from my own knowledge.
Signed and sworn by the above-named deponent at Barcaldine aforesaid this twenty-third day of August 1897 (McCullough’s signature) Before me (Unreadable signature) A Justice of the Peace.
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In the Supreme Court of Queensland Rockhampton Matrimonial Jurisdiction 1897 No 2
Mr Justice Power In the matter of an action intended to be commenced Between Henry Coker Plaintiff and Frances Jane Coker Defendant
I, Henry Coker, of Mount Morgan in the Colony of Queensland Miner make oath and say as follows:-
1. So much of the statements in the Petition now produced and shewn to me and marked with the letter “A” as relates to myself and my own acts is true, and so much, thereof as relates to any other person is true to the best of my knowledge and belief.
2. And I further say that no collusion or connivance exists between me and my wife, the above-named Frances Jane Coker.
SIGNED and SWORN by the above-named Deponent at Rockhampton this Twenty-sixth day of July, 1897 (sd.) H.COKER Before me:- (signature and name cut off).
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In the Supreme Court of Queensland Rockhampton Matrimonial Jurisdiction 1897 No 2
Mr Justice Power TO The Supreme Court of Queensland: The twenty-sixth day of July, 1897.
THE PETITION of Henry Coker of Mount Morgan in the Colony of Queensland, Miner,
SHEWETH:-
1. That your Petitioner was on the twenty-ninth day of July One thousand eight hundred and eighty eight lawfully married to Frances Jane Coker, then Frances Jane Sugden, Spinster, at Calliope near Gladstone in the said Colony, by the Reverend William D Meiklejohn, then of Gladstone aforesaid, Presbyterian Minister.
2. That after his said Marriage your Petitioner lived and co-habited with his wife at Norton near Gladstone aforesaid: at Gladstone aforesaid: at Rockhampton in the said Colony: on the Clermont Branch line of the Queensland Central Railway: at Anakie and at May-Creek on the said Railway: and on the Monal Gold-Field, near Norton aforesaid: and that there is issue of the said marriage three children to wit:- George Henry Arthur Coker, aged about eight years and a half; James Coker, aged about seven years; and Emily Lee Coker, aged about six years.
3 That on or about the seventh day of March One thousand eight hundred and ninety three your Petitioner’s said wife left him without cause and has lived apart from him ever since, and that in or about the months of April or May One thousand eight hundred and ninety-six the said Frances Jane
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Coker on divers occasions committed adultery at a place or places unknown to your Petitioner and with a person or persons to your Petitioner and on or about the Fourteenth day of February One thousand eight hundred and ninety-seven the said Frances Jane Coker gave Birth to an illegitimate male child at Longreach in the said Colony.
The Plaintiff therefore humbly prays that the Court will be pleased to decree a dissolution of his marriage with the Defendant Frances Jane Coker,
And that the Plaintiff may have such further and other relief in the premises as to the Court may seem (?) meet (?). H COKER. Petitioner.
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Handwritten at left is: This Notice of Trial was served on the Defendant by filing same with the proper Officer of the Supreme Court Rockhampton, (the Defendant not have entered an appearance) on Monday the twenty-third day of August 1897, by me, Ronald F.Swanwick, Articled Clerk, Rockhampton.
In the Supreme Court of Queensland Rockhampton Matrimonial Jurisdiction 1897 No 2
Mr Justice Power BETWEEN Henry Coker, PLAINTIFF AND Frances Jane Coker DEFENDANT
TAKE NOTICE of the Trial of this action ordered to be tried by a Judge alone at the Supreme Court Rockhampton for the ninth day of September 1897. Swanwick & Kavanagh Solicitors for the Plaintiff “Harding’ Chambers, East Street, ROCKHAMPTON.
TO The above-named Defendant FRANCES JANE COKER.
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In the Supreme Court of Queensland Rockhampton Matrimonial Jurisdiction 1897 No 2
Mr Justice Power BETWEEN Henry Coker, PLAINTIFF AND Frances Jane Coker DEFENDANT
Enter this action for trial by a Judge alone at Rockhampton on the ninth day of September 1897.
DATE the twenty-third day of August 1897.
Swanwick & Kavanagh Solicitors for the Plaintiff “Harding’ Chambers East Street, ROCKHAMPTON
TO THE REGISTRAR of the Supreme Court Rockhampton.
Page 20 (handwritten)
In the Supreme Court of Queensland Rockhampton Matrimonial Jurisdiction 1897 No 2
Mr Justice Power BETWEEN Henry Coker, PLAINTIFF AND Frances Jane Coker DEFENDANT
Take notice of the Trial of this action ordered to be tried by a Judge alone at Rockhampton on the ninth day of September 1897.
DATE the twenty-third day of August 1897.
Swanwick & Kavanagh Solicitors for the Plaintiff “Harding’ Chambers East Street, ROCKHAMPTON
TO the above-named Defendant Frances Jane Coker.
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In the Supreme Court of Queensland Rockhampton Matrimonial Jurisdiction 1897 No 2
Mr Justice Power BETWEEN Henry Coker, PLAINTIFF AND Frances Jane Coker DEFENDANT
TAKE NOTICE of the Trial of this action ordered by His Honor Mr. Justice Power on the twentieth day of August 1897 to be tried by a Judge alone at the Supreme Court, Rockhampton, for the twenty-sixth day of August 1897
DATED the twentieth day of August 1897.
Swanwick & Kavanagh Solicitors for the Plaintiff “Harding’ Chambers, East Street, ROCKHAMPTON.
TO The above-named Defendant FRANCES JANE COKER.
Page 22 (handwritten)
In the Supreme Court of Queensland Rockhampton Matrimonial Jurisdiction 1897 No 2
Mr Justice Power BETWEEN Henry Coker, PLAINTIFF AND Frances Jane Coker DEFENDANT
Take notice that the Court will be moved before His Honor Mr Justice Power on Friday the twentieth day of August 1897 at eleven o’clock in the forenoon by the Solicitors for the above-named Plaintiff for an Order directing the place time and mode of trial of this action.
Dated at Rockhampton this twentieth day of August 1897.
Swanwick & Kavanagh of “Harding’ Chambers, East Street, Rockhampton Solicitors for the Plaintiff
It is not intended to serve this Notice of Motion upon any person.
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In the Supreme Court of Queensland Rockhampton Matrimonial Jurisdiction 1897 No 2
Mr Justice Power BETWEEN Henry Coker, PLAINTIFF AND Frances Jane Coker DEFENDANT
UPON HEARING the Solicitors for the above-named Plaintiff and upon reading the Affidavits of Ronald Fox Swanwick and Frank Bourner Kavanagh both filed herein this day
I DO ORDER that the place time and mode of trial of this action be the Supreme Court House Rockhampton at ten o’clock in the forenoon of Thursday the ninth (twenty-sixth crossed out) day of September next (August instant crossed out with notion at left margin “Amended 23rd August 1897 by order dated 23rd August 1897′) before a Judge alone, and that the evidence of Robert John McCullough of Barcaldine, Solicitor, may be given by Affidavit.
DATED at Rockhampton this twentieth day of August 1897
(Signed B.J.Beirne 20/8/97 and a stamp of the name Virgil Power, JP (?)
ASSOCIATE.
(Handwritten) “Amending Order made this 23rd day of August 1897 (Unreadable signature) Registrar.
Pages 24 and 25 are a combination of a certificate labelled with the letter “A”
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In the Supreme Court of Queensland Rockhampton Matrimonial Jurisdiction 1897 No 2
Mr Justice Power BETWEEN Henry Coker, PLAINTIFF AND Frances Jane Coker DEFENDANT
I, Frank Bourner Kavanagh, of Rockhampton in the Colony of Queensland, a member of the firm of Swanwick & Kavanagh, of the same place Solicitors, being duly sworn make oath and say as follows:-
1. Since the time of the filing of the petition of the above-named Plaintiff herein my said firm has, as Solicitors for the said Plaintiff, received information that the name of the alleged adulterer with the above-named defendant is John William Dare, Coachdriver, of an address at present unknown.
2. Such information was obtained in manner following, that is to say, Firstly from information given by the said defendant to Robert John McCullough, of Barcaldine in the said Colony, Solicitor, my said firm’s agent there, at the time of his serving upon her the writ of summons and petition in this action and my him conveyed to us; and, secondly, by a certified copy of a certificate of birth made by the said defendant and filed in the office of the District Registrar of Births Deaths and Marriages at Muttaburra in the said Colony; a copy whereof is hereunto annexed and marked with the letter “A”.
All the facts and circumstances above set forth, except where otherwise shewn, are deposed to from my own knowledge and my means of knowledge and sources of information appear upon the face of this my affidavit.
Signed and sworn by the Deponent at Rockhampton aforesaid this Fourteenth day of August, 1897 (Kavanagh’s signature) (another signature, unreadable) A Justice of the peace. (Other written cut off during photocopying.)
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In the Supreme Court of Queensland, Rockhampton, Matrimonial Jurisdiction.
Mr Justice Power, 1897 No 2
BETWEEN: Henry Coker, Plaintiff and Frances Jane Coker, Defendant.
LET ALL PARTIES CONCERNED attend the Chambers of His Honor Mr Justice Power on Monday the Sixteenth day of August, 1897, at Eleven o’clock in the forenoon on the hearing of an application on the part of the Plaintiff for leave to amend the Petition and writ of summons herein by adding John William Dare, Coachdriver, as co-defendant, or for such other order as to the said Judge shall seem meet.
Dated at Rockhampton this 16th day of August, 1897.
(Supreme Court seal and Registrar’s signature: J.Blood Smythe (??)
This summons was taken out by Swanwick & Kavanagh, of “Harding’ Chambers, East Street, Rockhampton, Solicitors for the above Plaintiff.
N.B. It is not intended to serve this summons upon any person.
Page 28 (With A at top)
In the Supreme Court of Queensland, Rockhampton, Matrimonial Jurisdiction.
Mr Justice Power, 1897 No 2
BETWEEN: Henry Coker, Plaintiff and Frances Jane Coker, Defendant.
VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith.
To Frances Jane Coker of Longreach in the Colony of Queensland Married Women.
We command you that within Sixteen days after the service of this Writ on you, inclusive of the day of such service, you cause an appearance to be entered for you in our Supreme Court of Queensland at Rockhampton in an action at the suit of Henry Coker, of Mount Morgan in the sais Colony, Miner, and take notice that in default of your so doing the Plaintiff may proceed therein, and judgment may be given in your absence.
WITNESS _ The Honourable Sir SAMUEL WALKER GRIFFITH, Knight Grand Cross of our Most Distinguished Order of St Michael and St George, The Chief Justice of Queensland, this Twentysixth day of July in the sixty-first year of our Reign, and A.D. 1897.
(Supreme Court seal and Registrar’s signature)
Written at side of the page is:
This is the Writ of Summons Matter “A” referred to in the annexed Affidavit of Robert John McCullough, sworn before me at Longreach this thirty-first day of July, 1897 _
R.McCullough Deponent (unintelligible signature) Justice of Peace.
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This Writ was served by me together with an office copy of the Petition filed in this action at Longreach in the Colony of Queensland on the Defendant Frances Jane Coker personally on Friday, the thirteenth day of July 1897 Indorse the thirty-first day of July 1897. Signed R.McCullough. Address Barcaldine
No A.D. 1897 In the Supreme Court of Queensland, Rockhampton, Matrimonial Jurisdiction. Mr Justice Power Coker versus Coker Writ of Summons
SWANWICK & KAVANAGH Solicitors for Plaintiff “Harding” Chambers, East Street, Rockhampton.
(Right-hand side of page is cut off) The Plaintiff Claim is for a dissolution of his marriage to Defendant Frances Jane Coker. Take notice that you are required within ? days after the time hereby limited for your ? file in the said Court your Statement of ? Plaintiff’s Petition in this action which is ? you with this writ.
This writ was issued by Swanwick and Kavanagh etc.
In the Supreme Court of Queensland, Rockhampton, Matrimonial Jurisdiction.
Mr Justice Power, 1897 No 2
BETWEEN: Henry Coker, Plaintiff and Frances Jane Coker, Defendant.
I, Robert John McCullough, of Barcaldine in the Colony of Queensland, Solicitor, make oath and say:-
1. I did on the thirtieth day of July 1897, before the hour of six o’clock in the afternoon serve Frances Jane Coker the above-named Defendant in this action with a true Copy duly stamped of the Writ of Summons hereto annexed marked “A” by delivering the same to her personally at the Union Hotel situate at West Longreach in the said Colony of Queensland.
2. I did also at the same time and place deliver to the said Frances Jane Coker personally and Office Cop of the Petition filed in this action.
3. At the time of serving the said Writ and (continued on Page 31) petition I inquired of the said Frances Jane Coker if she was the person named therein, and she replied that she was.
4. I did on Saturday the thirty-first day of July instant endorse on the said Writ an memorandum of such service as the same now appears thereon.
SIGNED and SWORN by the above-named Deponent at Longreach aforesaid this thirty-first day of July 1897. (signature) R.McCullough. Before me (unintelligible signature) A Justice of the Peace. This Affidavit is filed on behalf of the Plaintiff.
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In the Supreme Court of Queensland, Rockhampton, Matrimonial Jurisdiction.
Mr Justice Power, 1897 No 2
BETWEEN: Henry Coker, Plaintiff and Frances Jane Coker, Defendant.
UPON HEARING the Solicitors for the above-named Plaintiff and upon reading the Petition of the said Plaintiff filed herein this day, and the two several Affidavits of the said Plaintiff also filed herein this day I DO ORDER that the Plaintiff be excused from joining any co-defendant in this action. DATED at Rockhampton this twenty-sixth day of July 1897. (Stamp/signature of Virgil Power, Judge) signed B.J.Beirne 26.7.97 ASSOCIATION (Seal of Central Judge, Rockhampton)
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In the Supreme Court of Queensland, Rockhampton, Matrimonial Jurisdiction.
Mr Justice Power, 1897 No 2
BETWEEN: Henry Coker, Plaintiff and Frances Jane Coker, Defendant.
LET ALL PARTIES CONCERNED attend the Chambers of His Honor Mr Justice Power on Monday the Twenthysixth day of July 1897 at eleven o’clock in the forenoon on the hearing of an application on the part of the Plaintiff that he be excused from joining any co-defendant in this action. DATED the Twenty sixth day of July 1897.
(Supreme Court seal and registrar’s signature) Blood Smythe? plus clerk’s signature (Comerford?)
This Summons was taken out by SWANICK & KAVANAGH of Harding Chambers, East Street, Rockhampton, Solicitors for the above-named Plaintiff.
N.B. It is not intended to serve this Summons upon any person.
Pages 34 and 35 make up the marriage certificate of Henry Coker and Frances Jane Sugden.
Pages 36 and 37 make up the birth certificate for the Frances Jane Sugden’s child, Arthur, born Feb 14, 1897. Cert date 13th July 1987
Page 38 (Written at the side is: FIRST SHEET Rockhampton this Twentysixth day of July 1897. Signed H.Coker DEPONENT and Rich H. Bate. JP
In the Supreme Court of Queensland, Rockhampton, Matrimonial Jurisdiction.
Mr Justice Power, 1897 No 2
BETWEEN: Henry Coker, Plaintiff and Frances Jane Coker, Defendant.
I. HENRY COKER of Mount Morgan in the Colony of Queensland Miner, being duly sworn, make oath and say:- 1. I am the above-named Plaintiff. 2. I was on the twenty-ninth day of July 1888 lawfully married to the above-named Defendant Frances Jane Coker, then Frances Jane Sugden, Spinster, at Calliope near Gladstone, in the said Colony, as appears by the Copy Certificate of Marriage hereunto annexed and marked with the letter “A”. 3. That I lived with my said wife at Norton near Gladstone aforesaid and at other places in the said Colony until on or about the seventh day of March 1893 when my said wife without cause left me and has live apart from me ever since.
4. I have seen my said wife only on one occasion since that date, which occasion was about one month later than the said seventh day of March 1893 when she came to my residence and took away her clothes which were there.
5. On or about the fourteenth day of February 1897 at Longreach in the said Colony my said wife gave birth (continued on Page 39) to an illegitimate male child as appears by Copy Certificate of Birth hereunto annexed and marked with the letter “B”.
6. I am not aware who is the father of the said child.
All the facts and circumstances above set forth are deposed to from my own knowledge except where otherwise shewn, and my means of knowledge and sources of information appear upon the face of this my Affidavit.
SIGNED and SWORN by the above-named Deponent at Rockhampton aforesaid this Twentysixth day of July 1897. Signed H.Coker BEFORE ME, Rich H. Bate JP
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In the Supreme Court of Queensland, Rockhampton, Matrimonial Jurisdiction.
Mr Justice Power, 1897 No 2
In the matter of an action intended to be commenced between Henry Coker Plaintiff and Frances Jane Coker Defendant.
I, Henry Coker, of Mount Morgan in the Colony of Queensland Miner make oath and say as follows:- 1. So much of the statements in the Petition now produced and shewn to me and marked with the letter ”A” as relates to myself and my own acts is true, and so much thereof as relates to any other person is true to the best of my knowledge and belief.
2. And I further say that no collusion or connivance exists between me and my wife, the above-named Frances Jane Coker.
Signed and sworn by the above-named Deponent at Rockhampton this twenty sixth day of July, 1897. H.Coker’s signature.
Before me: Rich H. Bate JP. This affidavit is filed on behalf of the Plaintiff.
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In the Supreme Court of Queensland, Rockhampton, Matrimonial Jurisdiction.
Mr Justice Power Between Henry Coker, Plaintiff and Frances Jane Coker, Defendant.
We herby certify that to the best of our judgment and belief the lower scale of frees of Court is applicable to this case. Dated at Rockhampton this twenty-sixth day of July, 1897. Swanwick and Kavanagh Solicitors for the Plaintiff “Harding” Chambers; East Street; Rockhampton.
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In the Supreme Court of Queensland, Rockhampton, Matrimonial Jurisdiction.
Mr Justice Power, 1897 No 2
BETWEEN: Henry Coker, Plaintiff and Frances Jane Coker, Defendant.
VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith.
To Frances Jane Coker of Longreach in the Colony of Queensland Married Women.
We command you that within Sixteen days after the service of this Writ on you, inclusive of the day of such service, you cause an appearance to be entered for you in our Supreme Court of Queensland at Rockhampton in an action at the suit of Henry Coker, of Mount Morgan in the sais Colony, Miner, and take notice that in default of your so doing the Plaintiff may proceed therein, and judgment may be given in your absence.
WITNESS _ The Honourable Sir SAMUEL WALKER GRIFFITH, Knight Grand Cross of our Most Distinguished Order of St Michael and St George, The Chief Justice of Queensland, this Twentysixth day of July in the sixty-first year of our Reign, and A.D. 1897.
J Blood Smyth, Registrant. Jas Commerford Clerk.
N.B.- This writ is to be served with Twelve Calendar Months from the date hereof, or if renewed within Six Calendar Months from the date of the last renewal, including the day of such date, and not afterwards. The Defendant may appear hereto by entering an appearance – either personally, or by Solicitor, at the Supreme Court Office at Rockhampton.
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This Writ was served by me together with an office copy of the petition filed in this action at Longreach in the Colony of Queensland on the Defendant Frances Jane Coker personally.
No AD 1897 IN THE SUPREME COURT OF QUEENSLAND Rockhampton Matrimonial Jurisdiction. Mr Justice Power Coker versus Coker Writ of Summons. Swanwick and Kavanagh Solicitors for Plaintiff “Harding” Chambers, East Street, Rockhampton.
The Plaintiff’s Claim is for a dissolution if his marriage to the Defendant Frances Jane Coker.
(Left hand side of this page has been cut off)
Take notice that you are required within ? days after the time hereby limited for your ? to file in the said Court your Statement of ? Plaintiff’s Petition in this action which is ? your with this writ.
Swanwick and Kavanagh etc.
Page 44
Page starts at the side with: This is the first sheet of the Petition marked “A” referred to in the Affidavit of Henry Coker sworn before me at Rockhampt9on this twenty sixth day of July 1897. Signed H Coker, Deponent and Rich H. Bate, JP.
In the Supreme Court of Queensland, Rockhampton, Matrimonial Jurisdiction.
Mr Justice Power In the Supreme Court of Queensland.
The Twenty-sixth day of July, 1897. THE PETITION of Henry Coker of Mount Morgan in the Colony of Queensland, Miner. SHEWETH:-
1. That your Petitioner was on the twenty-ninth day of July, One thousand eight hundred and eighty eighty lawfully married to Frances Jane Coker, then Frances Jane Sugden, Spinster, At Calliope near Gladstone in the said Colony, the Reverend William D Meiklejohn, then of Gladstone aforesaid, Presbyterian Minister.
2. That after his said marriage your petitioner live and co-habited with his said wife at Norton near Gladstone aforesaid; at Gladstone aforesaid; at Rockhampton in the said Colony; on the Clermont Branch Line of the Queensland Central Railways; at Anakie and at May Creek on the said Railway; and on the Monal Goldfield, near Norton aforesaid; and there is issued of the said marriage three children, to wit:- George Henry Arthur Coker, aged about eight years and a half; James Coker, aged about seven years; and Emily (continued on Page 45)
Page 45
Lee Coker, aged about six years. 3. That on or about the seventh day of March, One thousand eight hundred and ninety-three your Petitioner’s said wife left him without cause and has lived apart from him ever since, and that in or about the months of April or Mary One thousand eight hundred and ninety-six the said Frances Jane Coker on divers occasion committed adultery at a place or places unknown to your Petitioner and with a person or persons to your Petitioner unknown, and on or about the Fourteenth day of February One thousand eight hundred and ninety-seven the said Frances Jane Coker gave birth to an illegitimate male child at Longreach in the said Colony.
The Plaintiff therefore humbly prays that the Court will be pleased to decree a dissoluti9on of his marriage with eh defendant Frances Jane Coker; and That the Plaintiff my have such further and other relief in the premises as to the Court may seem meet. H Coker Petitioner.
This is the second and last sheet of the Petition marked “A” referred to in the Affidavit of Henry Coker sworn before me at Rockhampton this Twentysixth day of July 1897. Signed: H Coker Deponent and Rich H Bate Commissioner. (page 46 is the same as 45) Pages 47 and 47 make up the birth certificate of Arthur Sugden ( the child in question dated 24th May 1897) Pages 49 and 50 make up the marriage certificate of Henry and Frances.
Page 53
In the Supreme Court of Queensland, Rockhampton, Matrimonial Jurisdiction.
Mr Justice Power, 1897 No 2
In the matter of an action intended to be commenced between HENRY COKER Plaintiff and Frances Jane Coker Defendant.
I, Henry Coker, of Mount Morgan in the Colony of Queensland Miner make oath and say as follows: 1.- So much of the statements in the Petition now produced and shewn to me and marked with the letter “A” as relates to myself and my own acts is true, and so much thereof as relates to any other person is true to the best of my knowledge and believe.
2. And I further say that no collusion or connivance exists between me and my wife, the above-named Frances Jane Coker.
SIGNED and SWORN by the above-named Deponent at Rockhampton this Twenty-sixth day of July, 1987 (sd.) H.COKER.
Before me: Rich. H.Bate J.P.
This Affidavit is filed on behalf of the Plaintiff.
Page 54
In the Supreme Court of Queensland, Rockhampton, Matrimonial Jurisdiction.
Mr Justice Power, 1897 No 2
BETWEEN Henry Coker PLAINTIFF AND Frances Jane Coker DEFENDANT.
QUESTIONS for trial before the Judge of the Supreme Court Rockhampton without a jury on the ninth day of September 1897. 1. Were the Plaintiff Henry Coker and Defendant Frances Jane Coker married on the twenty-ninth day of July 1888
2. Has the Defendant Frances Jane Coker committed adultery with a person or person unknown to the (unintelligible but possibly a shortform for Plaintiff, also John William Dare’s name has be crossed out)
3. Has the Plaintiff condoned or connived at the adultery (if any) committed by the Defendant Frances Jane Coker.
DATED at Rockhampton this twenty-third day of August 1897.
Swanwick and Kavanagh, etc.
Page 55
Rockhampton, Matrimonial Jurisdiction. Mr Justice Power. TO The Supreme Court of Queensland : The twenty-sixth day of July, 1897. THE PETITION of Henry Coker of Mount Morgan in the Colony of Queensland, Miner, SHEWETH:-
1. That your Petitioner was on the twenty-ninth day of July One thousand eight hundred and eighty lawfully married to Frances Jane Coker, then Frances Jane Sugden, Spinster, at Calliope near Gladstone in the said Colony, by the Reverend William D Meiklejohn, then of Gladstone aforesaid, Presbyterian Minister.
2. That after his said Marriage your Petitioner lived and co-habited with his said wife at Norton near Gladstone aforesaid: at Gladstone aforesaid: at Rockhampton in the said Colony: on the Clermont Branch line of the Queensland Central Railway: at Anakie and at May-Creek on the said Railway: and on the Mondal Gold-Field, near Norton aforesaid: and that there is issue of the said marriage three children, to wit: George Henry Arthur Coker, aged about eight years and a half; James Coker, aged about seven years; and Emily Lee Coker, aged about six years.
3. That on or about the seventh day of March One thousand eight hundred and ninety three your Petitioner’s said wife left him without cause and has lived apart from him ever since, and that in or about the months of April or May One thousand eight hundred and ninety-six the said Frances Jane (continues Page 56)
Page 56
Coker on divers occasions committed adultery at a place or places unknown to your Petitioner and with a person or persons to your Petitioner unknown and on or about the Fourteenth day of February One thousand eight hundred and ninety seven the said Frances Jane Coker gave birth to an illegitimate male child at Longreach in the said Colony.
The Plaintiff therefore humbly prays that the Court will be pleased to decree a dissolution of his marriage with the Defendant Frances Jane Coker.
And that the Plaintiff may have such further and other relief in the premises as to the Court may seem meet. H.COKER, Petitioner.
(ends)