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Extracts from the Queensland Police Gazettes
20th November 1897
Cunnamulla:
William Patrick Madden is charged on warrant issued by the Cunnamulla Bench with having, at Cunnamulla, on the 7th June 1896, deserted his children, William Madden and others. Description [given]. Said to be carrying between Longreach and Adavale.
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Madden - v - Madden
Madden - v - Madden
Source document CPS 6B/U6 CPS Cunnamulla Minutes of Proceedings in Local Courts with Depositions 1882-1912
The Court House, Cunnamulla
Saturday, 2nd April 1898
Before the Police Magistrate G. H. Austin Esq, JP
Madden v Madden - Child Desertion
Mr Sachse for Complainant
Mr Pegg for Defendant
Plea not guilty
Ann Norah Josephine Madden on oath -
I am living in Cunnamulla. I am the wife of the Defendant. I was married to him on the 11th November 1872 at Forbes NSWales.
There were children by the marriage - those now under the age of 16 years are -
• William Patrick age 13 years
• Margaret age 9 years
• Mary Elizabeth age seven years
• Madeline age three years
• Ethel May age fourteen months
Those children are living with me now in Cunnamulla. My husband was living with me in Cunnamulla at one time. He went away one month - June 1896. He went to the Railway line being constructed between Cunnamulla and Charleville. He did not ask me to go with him or ask me to take the children with him. After he went away I wrote to him several times - I might have wrote six or seven letters to him besides wires (telegraph messages).
I received two letters from him. He sent me money - the last money I received from him was one pound about the end of April 1897. I have repeatedly asked him to send me money. I have during the last year been supporting the children I have mentioned.
I earn money with my sewing machine and what my sons earned. I have no property or means of my own. I saw the defendant yesterday afternoon. He called several times - I did not answer. He said, "Very well, I'll have my revenge. I'll do for you."
Defendant has used threatening language to me on previous occasions and has assaulted me and beaten me. On one occasion previously he deserted the children. I received this letter from the Defendant, Exhibit A - (Admitted to have been sent by Defendant). Defendant told me he was engaged in Road clearings.
By Mr Pegg
I claim to support William Patrick. He is earning ten shillings a week. I do not know where. He is earning his own living but only .(?). the warrant was issued.
Mr Sachse says - the claim is only made in respect of the four younger children mentioned. When he went away one month June, he waited five days until I gave him some of the money, I was earning to take him away. There was no arrangement. He promised to send me provisions but did not do so. Before he went away he told me he was going to work on the railway line. He did not ask me to go with him - I would have gone had he done so. I have received seventeen pounds from him since he went away - first 3 pounds, second 2 pounds, next 10 pounds, then one pound to me and one pound to the second eldest girl - Norah. I sent acknowledgements of the money I got. I wrote to him and I got a wire from him asking whether I got the money and I sent a wire to Charleville to him in reply. I have one son working for me - James Madden. There is another son, John who is earning his own living. Until last Wednesday night he lived with me for four weeks - he was not working then.
I did not go home when I left the Court yesterday morning. I have not been home since. I did not intend to when I knew my husband was there. I went to Mrs Kelly's on the sand hill. My husband followed me half way up the hill. I had a conversation with him - that was the occasion I referred when I said he threatened me. He called after me but I would not stop. I knew what he wanted. He wanted to make friends with me, to take me away to treat me as he has often done before. We had some conversation. He said he had to pay 25/- per week to a cook and I could do the work for him if I came with him. He told me he was willing to take me and the family with him and provide for them. The Defendant may be providing for the children this morning - but he has not done so before. I do not know when I will go home - I will never go home. My husband took the children from the police station yesterday. I will go home if he will let me have the children. I will not cohabit with him under any circumstances. My husband told me this morning he was arranging to take the family out to Adavale where he is working. Defendant deserted the children about seven years ago at Cobar. He was carrying wool then. He was eight months away.
Re Examined by Mr Sachse. The children of seven years and under are unable to support themselves. I desire the younger children to remain with me.
By the Bench: After my husband left me at Cobar, he did not come back. I sold my house and followed him. During the eight months he sent me thirteen pounds.
Taken and sworn at sgd Norah Madden
Cunnamulla sgd Chris Francis PM
this 2nd April 1898 sgd G Austin JP
before us
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Case for the Complainant -
Mr Pegg moved the complaint be discharged which was overruled.
For the Defence -
William Patrick Madden on oath - I am a contractor residing in Cunnamulla. The previous witness (the Complainant) is my wife. The children referred to in the information are my children. I asked my wife if she would come up the line with me and the children. She said, "She would not go up the line to wash for damn Navvies to keep me and my sons." It was necessary for me to go away to earn a living. I did remitted money to my wife up to the end of April. I sent as much as money as I could spare to my wife and left myself short of tobacco. I went to Adavale last year in April. I sent the last remittance as I was leaving for Adavale and told her where I was going. I got no acknowledgement of the remittance. I wrote but got no reply. I discontinued sending money because I could get no receipts of any money I sent. I was arrested in Adavale under a warrant. I have never declined to support my children or my home. I have not any work just now, I have a team of bullocks and a waggon. I propose to take my children with me. My wife would not come to any terms. My wife told me yesterday I could take my children and keep them. I am ready and willing to do that - and have always been so. I have not threatened my wife. I saw her yesterday and had a conversation. I asked if we could not settle it on friendly terms. She said there were the children. I could take them. I saw her again this morning and asked her to explain to the Bench that I was to take the children. She said, "No." I should not have them unless I took them by law. I have all the young children now - I will take them with me to Adavale and get some one there to take charge of them. I have asked the mother to come - she refused.
I was carrying wool at Louth - when I left Cobar. My wife sent one of the boys over to tell she wanted some money - I sent her thirteen pounds and paid a man five pounds to bring her over in waggonette.
By Mr Sachse -
I did not borrow money or get any money from my wife when I went away in June 1896. My wife did not give me any money on that occasion. I did not get the money that took me away from Cunnamulla from my wife. I did not go to say Goodbye to her. She had no reason for refusing to go with me that I know of. I was not in the habit of using threatening language to her. I was never in the habit of beating her. I was kind. I don't think I was very disagreeable. Two sons went with me. We left when I finished the work - not before - about six weeks I think. I gave one a draft horse worth 6 pounds - I gave the other 3 pounds. They left because I had not work - not on account of bad treatment. I worked on the first section of the railway - about seven weeks on contract. I made about 30/- per week. After that I was carrying from Charleville to the Augathella bridge.
I was not doing any work when I was arrested. I came into Adavale to look for work. I had been fencing for about twelve weeks sub contracting. I made altogether about two pounds ten shillings for the job. The twenty five pounds I had when arrested I received from Mr Pegler for work I did for him last winter. I have now of that money six pounds ten shillings.
I deposited with a tender with the Adavale Divisional Board £18 which will be kept until the contract is completed if my tender is accepted. If the tender is accepted I expect to make a good thing of it. I can support the children. I did not support the children because my wife knocked off corresponding with me. I made enquiry about them every time I wrote to my wife and other people. I knew my wife and children were in Cunnamulla. I did not send money simply because I got no receipts. I do not think it fatherly to refuse to send money because my wife would not answer my letters. I propose to take the children to Adavale. I will take all that I am supposed to support. I will take them all if they are willing to come.
Taken and sworn at sgd W. Madden
Cunnamulla sgd Chris Francis PM
this 2nd April 1898 sgd G Austin JP
• Order for £1 per week for 12 months - first payment to be made on or before 9th April instant. Payments to be made to the Sergeant of Police at Cunnamulla.
• Defendant to find sureties one or two at his option to the amount of £20 for the due fulfilment of the order.
• Recognisance to be entered on or before Wednesday next. Costs to be paid by Defendant Warrant 4/6
Professional 21/-
[Total] £1/5/6
• To be paid on or before Wednesday next - to be recovered by levy and distress in default fourteen days imprisonment in Cunnamulla Lockup.
• Mr Pegg gives formal notice of appeal to the District Court under Justice Act Sec. 237.
sgd Chris Francis P.M.
sgd G. Austin J.P.
Minute of Grounds -
• Insufficient evidence to support the order.
• Order against evidence and weight of evidence.
• Court no jurisdiction to make the order after Defendant intimated his willingness to take charge of the children.
• No evidence of the children being without means of support.
• No evidence of Defendants ability to maintain or contribute to the maintenance of the children.
sgd Samuel Pegg
Solicitor for Defendant
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23rd April 1898
Arrests reported during the week ending 23rd April 1898 included the name of William Patrick Madden who was arrested at Adavale for child desertion. Remanded to Cunnamulla.
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The Court House, Cunnamulla
Monday, 15th August 1898
Before The Police Magistrate
Madden -v- Madden
Maintenance
Defendant does not appear
Prosecutrix present
Defendant offers by wire to pay £4/10/0d. to CPS at Adavale and further payment on a previous order on completion of a contract he has with the Divisional Board.
Prosecutrix accepts these terms and the case is adjourned until Thursday, 15th September next.
sgd Chris Francis P.M.
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The Court House, Cunnamulla
Thursday, 15th September 1898
Before The Police Magistrate
Madden -v- Madden
Maintenance
Complaint withdrawn by Complainant.
sgd Chris Francis P.M.
Author's Note
[The trail then goes cold. Searches to 1907 conducted but no further mention of WPM.
Later: William Patrick Madden was found to have died in Parramatta in 1934]
RJT
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