Looking for sources in New South Wales, Australia to back up family oral history

Question

I am hoping someone can help me work out where to find sources to back up a family oral history about my 2x Great Grandmother, Evelyn/Emma Jeffcott 

The family oral history says that her husband James Weston just left home one morning in 1902 and didn't come back. There is a newspaper article from 23 Jul 1902 that describes a court case with Evelyn proceeding against her husband for maintenance. James consented to an order for 7s 6d per week. The case for maintenance for the children were withdrawn as the children had since come into his custody and were being satisfactorily cared for. At some point after this the children, Eliza and May (Elizabeth) were given up to the state. Perhaps it was after this court case that James disappeared. Evelyn and her daughters have described that Evelyn was destitute and unable to care for the girls so had to give them to the state so they could survive.

According to family oral history Evelyn worked as a cook during this time for Sir Edmund Barton, the family says she was an amazing cook. Evelyn told family that Sir Edmund Barton helped her with legal matters on two occasions, once to have James Weston declared deceased so she could remarry, and then to get custody of her girls back from the state once she was remarried and had means to care for them.

The places and dates definitely add up for the Sir Edmund Barton part of the history and it does make sense that someone of Evelyn's means would likely need legal help for the things she says she got help for. I can't find a death record for James though, but I have found this criminal record that could be him, just not sure yet. 

I have searched all the main genealogy sites, Trove, State Archives, National Archives and Googled every thing I could think of. Would love some hints of where to look or even to know if there would be any records to find. 

Comments

Maree,

Have you looked for anything such as death notices etc. A good place to look is FamilySearch.

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Yes looked at all the genealogy record sites and all the digitised newspapers.

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The criminal record shows DOB 3rd Sept 1847, in England. Your source 9 (Marriage Cert) indicates he was aged 30 in 1896, born in Liverpool, England. Then James' profile shows DOB about 1875, birthplace unknown. There seems to be a lot of doubt here, but almost certainly it is not him in the criminal record. Some research of England BDM might be worthwhile for confirmation, looking for his birth at Liverpool around 1866.

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Hey Ron,

Sorry I should have mentioned that I haven't added details to James Weston profile yet (I didn't add it).

James lied about his age on the marriage certificate so the guardian of minors would give permission for them to marry. He was closer to 50 at the time of their marriage. Hence why it is possible the criminal record is him, his trade and locations all line up.

Answer 1

If there was a death certificate, there would be no need to go to court to have a missing person declared deceased.

Comments

Would there be a court record then? and if so where would I find it?

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You would need to ask State Records or the court authority in the relevant state. They might not be available to the public, or might be catalogued in a way that makes them difficult to recognise.

Answer 2

The NSW State Archives may have records of the two children being in care, especially if they became state wards for a period. It would be worth contacting them to see if they still have any records from that period.

Answer 3

The only other thing I can think of, is what did you put in for the search on trove? Although, then again, they'd rarely put something up, if it was a suicide.

Regardless. What are the dates that we are searching between? Perhaps we can try some broader searches. Just looking for Weston, or missing person. Often J. Weston, rather than James Weston. I like to force the search with the names together, like "James Weston" with the talking marks.

Comments

The only other thing I can think of, is what did you put in for the search on trove? Although, then again, they'd rarely put something up, if it was a suicide.

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Small sampling size -- but I have profiles for two folk where their suicide deaths were quite graphically depicted in the newspaper/s of their day - and, thus, are found on Trove.

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Did he have a middle name Albert?

https://www.angloboerwar.com/name-search

I think this is off by a couple of years. Doesn't look likely.