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Bertha Elizabeth (Evans) McCarthy (1873 - 1951)

Bertha Elizabeth McCarthy formerly Evans
Born in Sandhurst (Bendigo), Victoria Australiamap
Ancestors ancestors
Wife of — married 5 Nov 1900 in New Zealandmap
Descendants descendants
Died at about age 78 in New Zealandmap
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Profile last modified | Created 21 Nov 2013
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Biography

Bertha was born in 1893. She was the daughter of David Evans and Hannah Preece. [1] Soon after, the family migrated to New Zealand. She married Thomas Bemner McCarthy in 1900 [2] and became step-mother to his nine children. She passed away in 1951 age 78[3] and is buried at the Church of England cemetery in Lyttleton [4] She last resided at 13 Dublin St ,Lyttleton (this at the time may have been a nursing home )

Note that she had a child out of wedlock before marrying McCarthy a few years later

AFFILIATION CASE Bertha Evans, Thornbury, sued Gavin Fallow, of Riverton, as the father of her illegitimate male child aged 5 months, he having refused to maintain the same. Mr Macalister for complainant, and Mr Macdonald for the defendant, who denied paternity. Bertha Evans, the complainant, deposed to the intimacy which had taken place in defendant's father's place during the months of April, May and June, 1895—Cross-examined : Resisted him but did not cry out. —David Evans, complainant's father, deposed that when he became aware of his daughter's condition, he asked her who had caused it and she informed him it was defendant Witness interviewed defendant in August last, while working the plough on the Highlands, and from the conversation there he took it that defendant admitted paternity. Defendant was to meet witness in Invercargill to arrange an agreement with respect to the payment of a sum of money, but he never saw him. Sent him a registered letter and received a reply from Mr Fallow saying his son was innocent.—Cross examined : Defendant had said on the Highlands at the first interview that he knew nothing about it. Fallow appealed astonished when told he was the father; Defendant offered £50, but witness told him he would take £I00. He never said he would not sign an agreement to keep a child which did not belong to him. Witness and defendant went into the hut and had tea. No arrangement was come to. Witness said he would let the matter stand over for a month until defendant made up his mind whether he would pay £100 or 5s a week. At first he denied it, but afterward seemed to own up to everything when witness told him he could enter a motion for £300 for seduction. When witness was willing to take £3 a week defendant said they had better forget it, and he took that to be an admission. There were no means of drawing out an agreement in the hut.

Reviewing the evidence for the complainant, Mr Macdonald said there was no case to answer. The whole account of complainant was inconsistent, unreasonable and improbable. She could not give any particulars and did not cry out, when the least sound would have brought assistance. There was also an absence of Corroborative evidence— His Worship said there was a case to answer. He could not understand defendant having tea with Evans and speaking about £100. He would not like to believe it was a conspiracy.—Mr Macdonald said Evans went to the Highlands to extort admission, and he may have concluded that defendant admitted it when he did not—Mr Macalister said there was not an atom before the court to show conspiracy. There was nothing against Evans' character. Very likely defendant bad denied it at first, but subsequently his acts showed be admitted it. Defendant had offered £50, when Evans said no, he wanted £100. If Evans had made an unfounded charge, why was £50 offered ? If he had not been guilty he should have reported the matter to his father, and it was only when his father learnt of it through the registered letter falling into his hands, that he denied it, and stuck to his denial. Gavin Fallow, the defendant, deposed that his age was 21 last June. Knew complainant who had been a servant at his home. Never made improper proposals to her, and had reason to dislike her. He occupied the same room as his brother. Any noise in complainant's room could have been distinctly heard, Evans had seen him on the Highlands. When he mentioned the subject, witness did not know what he meant. He repeated himself and witness said he had had nothing to do with complainant. He seemed put out and asked witness if he had seen Bertha with anyone else. Witness said he had, but had not taken much notice. Evans said," Bertha said it was you," and witness would have to pay for it. Witness said he would not. Evans said he would take £100 and nobody would know anything about it. Would not agree. Did not invite Evans into the house. There was pen, ink and paper there. Had met complainant face to face at Otautau in presence of her parents and his father and had denied it—Cross examined : Could not explain why he did not like her Denied everything improper. Matthew Fallow deposed that in consequence of a test be believed his son innocent. Wrote Evans to that effect. Was present at the interview between all parties at Otautau. Gavin denied it there and denied admitting anything to Evans on the Highlands. Cross examined : Would not admit possibility of anything occurring where it was said it occurred without him hearing. Pressed Gavin to tell the truth. Believed him innocent Alexander Frew deposed to having heard complainant on one occasion make use of an improper remark Cross-examined: Could not remember all the conversation during which the remark was made. Evidence was also given by Maben Fallow Jno Hamilton, Jno Keenan, and W Richards. His Worship adjudged defendant the putative father, and ordered him to pay 7s a week for 14 years, half cost of confinement, and costs £9 3s Notice of appeal was given security for £20 to be lodged [5]

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Sources

  1. "Australia, Birth Index, 1788-1922 Birth, Marriage & Deaths Victorian state regn 1873/26759 Name: Bertha Eliz Evans Mother: Hannah Preece Father: David Evans Birth: year - Sandhurst, Victoria
  2. http://bdmhistoricalrecords.dia.govt.nz/
    • NZ Marriage registration 1900/5900
  3. http://bdmhistoricalrecords.dia.govt.nz/
    • NZ Death registration 1951/28390
  4. FUNERAL NOTICES PRESS, VOLUME LXXXVII, ISSUE 26514, 31 AUGUST 1951, PAGE 14
  5. Western Star, Issue 2136, 12 August 1896

Acknowledgments

Thank you to Jeff Thomas for creating Evans-7222 on 21 Nov 13. Click the Changes tab for the details on contributions by Jeff and others.






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DNA Connections
It may be possible to confirm family relationships with Bertha by comparing test results with other carriers of her mitochondrial DNA. However, there are no known mtDNA test-takers in her direct maternal line. It is likely that these autosomal DNA test-takers will share some percentage of DNA with Bertha:

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