Henry Mainey (1880 - 1956)

Born 1880 in Macleay River, New South Wales, Australia

Ancestors

Died 1956 at about age 76 in Burwood, New South Wales, Australia

Problems/Questions Profile manager: Pip O'Brien [send private message]

Biography

Henry was a son of John Mainey (abt.1845-1896) and his wife Frances Clara (Killmore) Mainey (abt.1860-1922), born in 1880 at Macleay River.^[1]

1913 - Frederick Wooderson was charged by George Mainey with detaining two foals. Mr. Gilfillan appeared for the plaintiff and Mr. Hardiman for the defendant. The case was somewhat involved and lasted for a considerable time. The complainant deposed that his brother Harry had sold him a couple of draught mares, and he produced a receipt purporting to be for the payment of £25 for two horses and some farming implements. There were no brands specified and the receipt was very vague. Harry Mainey gave-evidence to the effect that Joe Mainey had sold him the mares, but he could not produce the receipt for the money— he believed it was not customary to do so between two brothers. Mr. Hardiman gave evidence as to purchasing the mares from Joe Mainey. He took delivery of them at Central Kempsey and put them in the yard for sale, by Mr. John Campbell. As they did not reach the reserve placed upon them he allowed the Maineys to take them away so that they could finish their ploughing with the mares. Some time afterwards he went out to Smith’s Creek and was told that the mares had died, but there were a couple of foals. He sold the latter to Mr. Wooderson. Mr. Hardiman produced a sale note signed by Joe Mainey in respect to the sale of the mares, and both George and Harry Mainey acknowledged that the signature was that of their brother Joe. Fred. Wooderson gave evidence, and the P.M. declined to make an order. He directed that plaintiff should pay £1 1s professional costs, and £2 14s. for witnesses expenses, with the usual alternative.^[2]

1922 Nov 14 - SMALL DEBTS COURT. MAY v. MAINEY. William May proceeded again Henry Mainey, at the Kempsey Small Debts Court, on Wednesday last, for the recovery of two horses, a van and harness.Mr. L. J. Hardiman appeared for the complainant, and Mr. J. M. Edgley for tho defendant. William May deposed the defendant came to him on January 18th last and asked witness if he would buy two horses, a van and a set of harness. Defendant stated he wanted £16 for them. Witness did not buy them. Later witness offered to loan him £10 for two months and as security was to hold the horses, van and harness. At the end of the two months tho defendant failed to pay back the £10. At the end of five months the defendant came back and witness asked for his money and also for money to pay for the grass the horses had consumed. Defendant said he had not the money so that it was agreed that if witness would give him another £6, witness could have the cart, horses and harness. Witness was given a receipt for the money and defendant signed it. Defendant borrow ed the cart, horses and harness to sell oranges and said he would not deliver it until he had done so. Defendant agreed to pay rent, but he had not done so. Defendant still refused to return the cart, horses and harness. Witness valued, the whole at £19 as he had had a new body put on the cart. W. O‘Meara, auctioneer and valuator, gave evidence as to the value of the cart, horses and harness, which he valued at between £32 and £35. On the resumption of the Court after lunch Mr. Hardiman stated they had agreed to withdraw proceedings provided the defendant paid the £17. The P.M. said if they so desired they could ask for an adjournment to enable them to right matters. Mr. Hardiman accepted this on condition that the £17 was guaranteed. Mr. Edgley agreed to this and. the case was adjourned until tho 20th inst.^[3]

1923 Mar 23 - KEMPSEY POLICE COURT. At the Kempsey Police Court, on Monday last, before Mr. Potts, P.M., John M. Edgley proceeded against Henry Mainey for detention of one waggon valued at £10. Defendant admitted the detention. Mr. Edgley asked the P.M. to give the defendant a considerable amount of time to arrange matters. Defendant got into a difficulty some months back and he paid the money for him. Defendant had not so far attempted to pay any money. At the same time he realised that money was very tight just now and he would like his Worship to make it as light as he could. The P.M. made an order for the delivery of the waggon by the 26th, with costs 8/-, in default of payment of costs one day’s imprisonment, and in default of delivery of waggon defendant to pay the value, £10, or in default two months.^[4]

1935 - STEALING TOMATO PLANTS. Albert N. Larkin, charged with stealing tomato plants at Warwick on December 3rd., to the value of £1/16/0, the property of Henry Mainey, pleaded not guilty. Constable Clarke said he saw defendant in West Kempsey and advised him that he was making inquiries regarding tomato plants stolen from Mainey’s garden. Defendant said he did not know of Mainey’s second garden. Defendant said he had lived here about six years. They were then a quarter of a mile from the garden. […] Mrs. Larkin said defendant and Athol told her they had got plants at the rubbish tip, that they brought them one rainy day, and whilst planting them she asked them again where they got them, and they assured her that they were got at the tip. […] Henry Mainey, fruiterer and gardener, of Warwick, deposed that an December 3rd. he had tomato plants and other things in his garden. In his second garden he had a lot of tomato plants. On December 2nd. the plants were there, but when he returned on the 3rd. there were 24 missing, they had been pulled up. Witness identified the plants produced in court by the manner in which they had been pruned, and they were about the same age.[…] [Other witnesses saw the boys walking up the street between Mainey’s and their home with bundles of green under their arms] Defendant was convicted and fined £5, in default 10 days’ hard labor, and ordered to pay compensation amounting to £1/16/0; in default a further four days’ hard labor. The Magistrate added that if defendant came before him again for stealing he would have no alternative but to sentence him to a term of imprisonment, No time was allowed to pay.^[5]

1938 - Noxious Weeds Case. Maurice Oswald Schlenert, Shire Inspector, proceeded against Desmond Thomas Boulster on a charge of failure to destroy noxious weeds on his Glenrock property. Defendant pleaded not guilty, and was represented by Mr. F. Nolan. Maurice Oswald Schlenert deposed: About 9.30 a.m. on 15th March last I made examination of defendant’s farm at Glenrock. He had 45 acres of ground heavily infested wtih Noogoora burr. […details when etc] Desmond Thomas Boulster deposed: I am a farmer at Glenrock. I took steps to eradicate Noogoora burr during the burr season. 1 destroyed on 13th December and during January. I had Henry Mainey employed in January, February and March, eradicating burr. Mainey worked 183 days on ‘the burr. He cleaned all the burrs out in January. I put him on again in February. They grew again, and I put Mainey on again in March. My property is practically clear of burrs now. My property is subject to burr growth when flood waters bring the seeds down. I have never been prosecuted in my life for failure to destroy burrs. It is not possible to completely clear my place of burrs on account of floods. […] Henry Mainey deposed: I was employed by Des. Boulster in March last, cutting burrs. I was only employed to cut burrs. I was employed by Boulster to cut burrs for a week in January last. I cut all the burrs down in January, and I cut them again in February. I cut them a third time in March. I’ worked three weeks altogether. I had half a day left to do on the 9th March. To Mr. Schlenert: I went right through the corn crop. I saw no burrs five feet high through the corn crop. […] Defendant is convicted, and fined £2, with 8/- costs of Court.^[6]

Henry died in 1956, and his death was registered in Burwood.^[7]

Sources

1. ↑ BIRTH NSW: MAINEY HENRY; 16981/1880; JOHN & FANNY; MACLEAY RIVER
2. ↑ Macleay Argus (Kempsey) Fri 27 Jun 1913 Page 14 KEMPSEY POLICE COURT.
3. ↑ Macleay Argus (Kempsey) Tue 14 Nov 1922 Page 2 SMALL DEBTS COURT.
4. ↑ Macleay Argus (Kempsey) Fri 23 Mar 1923 Page 6 KEMPSEY POLICE COURT.
5. ↑ Macleay Argus (Kempsey) Fri 20 Dec 1935 Page 7 STEALING TOMATO PLANTS. See: https://trove.nla.gov.au/newspaper/article/234011717?searchTerm=Mainey
6. ↑ The Macleay Chronicle (Kempsey) Wed 15 Jun 1938 Page 1 Noxious Weeds Case.
7. ↑ DEATH NSW: MAINEY HENRY; 18778/1956; JOHN & FANNY; BURWOOD