Constance Marion Isabelle JULIUS [1042]

  General Notes:

Marriage - Constance Marion Julius & Percy Everett Moore 27 Jun 1906.
Queensland Federation Index 1890-1914. Ref; 1906/002320 NZSOG

DIVORCE HITCH.
QUESTION OF FORM.
The amendment to the Matrimonial Cause Act of 1922 has raised a new point in matrimonial procedure whether it is necessary in the petition to state in actual words that the petitioner has been "deserted without cause continuously for a period of five years or upwards." A case In point came before Chief Justice McCawley this morning in the Divorce Court, when Constance Marion Isabel Moore, a young, pretty woman, sought a dissolution of her marriage from Percy Everett Moore on the ground of desertion. The parties were married in 1906, and it was alleged in the petition that the husband deserted petitioner in 1913. Mr. D. J. H. Watson, counsel for the petitioner, referred to section 21 of the Matrimonial Causes Act of 1804, in which the words are "desertion with out reasonable excuse for two years and upwards." The, form required by that section, dealing with desertion, merely, states "defendant has deserted your petitioner and has never since; returned to co-habit with her." Therefore, it would, seem that the petition this morning was in order and did not require any amendment. . . . . . After argument it was agreed that the words, "without cause for a period of five.years and upwards," should he inserted iu the petition. The case will he heard today week.
Ref: Daily Standard (Brisbane, Qld) Wednesday 9 April 1924.

A HORSEWHIP AS A DOMESTIC PERSUADER.
Husband's Way of Showing Affection.
He Looked so Dirty That Lawyer Took Him for a Blackfellow.
The Divorce Court, Moore v. Moore, which was reported in last Sunday's Truth' as having been adjourned owing to a slight verbal defect in the petition, came up on Wednesday again before His Honor the Chief Justice (Mr. Justice McCawley), for hearing. Constance Marion Moore petitioned for the dissolution of her marriage with Percy Everett Moore, on the ground that he had deserted her and remained away from her for a period of five years and upwards. Mr. D.J. E. Watson appeared for the petitioner, instructed by Messrs McGhie and Chambers, there being no appearance on the part of the defendant. The parties were married at Colinton, by Rev.D. Morgan Jones, according to the rites of the Church of England, in June 1906. The petitioner, whose maiden name was Julius, was at the time only 16 years of age. After marriage they resided for a couple of years at a place having the somewhat cheerless name of Jimmy's Gully, near Colnton, where defendant followed the occupation of a carrier. It was during this period that their one child, a girl,' was born in August, 1907. Subsequently, they removed to Toogoolawah, and eventually came to Brisbane, where they took up residence with her aunt.
FLOGGING A WIFE.
Mr. Watson: How had he treated you up to this time?
Petitioner: Very cruelly;
In what way? - He used to flog me with a riding whip.
What did you at last do? - I left him and went away to work as a waitress.
How Iong were you apart? - About a year.
What happened then? - He persuaded me to go back and live with him again.
How did he behave? - For about a year he was all right, but eventually he began his old game again of applying the riding-whip to me.
What happened then? - We came to Brisbane, where he worked at Kenmore Park.
What was his conduct like? - Very bad indeed.
In what way? - He continued the constant use of the whip, and he also took to drinking very heavily. He neglected his work and as a consequence, was short of money.
SENT HOME TO MOTHER.
Did you speak to him of it? - Yes; but all he said was go to your people at Bowen.
When was this?- In August, 1914.
You went to Bowen?- Yes and worked for a living as a waitress.
How long were you there?- About a year.
Did you hear, anything from him all this time? - No and l received no support from him of any sort.
Later, on you came to Brisbane? - Yes to work for myself and my child.
Up to the present moment he has not contributed one penny to the support, of either you or the little girl? - No.
Where did you go on February 8 of this year? - To Pialba, with Mr. Mc Ghie, the solicitor.
Whom did you see there? - My husband.
What took place? - Mr. McGhie handed him certain papers, and some conversation ensued in my hearing.
Charles S. McGhie, solicitor, said he accompanied the petitioner to Pialba on February 8, and there saw the defendant, Percy Everett Moore.
Mr. Watson: What did he say?
Witness: His first remark was to his wife, to whom he said, "Hello, Connie", you're looking very thin.
What next? - I handed him the papers, at the sametime telling him what they were.
Did he make any remark? - Yes; he said, "Oh I thought you'd have done this longago."
HE DIDN'T TAKE A DIP.
What was his condition? - He was in a filthy state. In fact at first I thought it was a blackfellow coming towards us. He was living in a bit of a hut, was dirty looking, untidy, and unshaved.
Although you are not a medical man, did you form any idea as to his mental state - -
His Honor (Interrupting): I don't think you had better go Into that.
I find the facts, as alleged, proved.
I grant a decree nisi, returnable after three months.
Are you asking for costs?
Counsel (smiling); We don't think it Is any use, your Honor.
Ref: Truth (Brisbane, Qld) Sunday 20 April 1924

LAW COURTS.
PETITION FOR DIVORCE ON THE GROUND OF DESERTION DECREE 'NISI' GRANTED
In the Supreme Court on April 16 in matrimonial jurisdiction, before Chief Justice McCawley the hearing was continued of the petition by Constance Marian Isabel. Moore, of Brisbane for a dissolution of her marriage with Percy Everett Moore on the ground of desertion. At the previous hearing of the case, on April 9. the matter was adjourned by the Chief Justice, who directed that an amended petition should be served on the defendant to read "Deserted without cause, continuously for five years and upwards." The petition as amended was presented on April 16. Mr. D. J. Watson (instructed by Messrs. McGhie and. Chambers) appeared for the petitioner. There was no appearance for the defendant. Formal evidence of the service of the amended petition was given. The petitioner gave evidence of the desertion. The Chief Justice granted a decree nisi for the dissolution of the marriage, returnable at the expiration of three months.
Ref: The Week (Brisbane, Qld) Friday 25 April 1924.

DIVORCE MADE ABSOLUTE
In chambers on Monday, before Mr. Justice Macnaughton. on the motion of Mr. Chambers (of Messrs McGhie and Chambers), the order nisi for divorce on the ground of desertion, granted in April last year to Constance Marion Isabel Moore against Percy Everett Moore, was made absolute.
Ref: The Week (Brisbane, Qld) Friday 24 July 1925.

Birth - Julius George 24 Aug 1909, mother Constance Marion Julius, no father given.
Queensland Federation Index 1890-1914. Ref: 1909/007019 NZSOG

Constance married Percy Everitt MOORE [1043] [MRIN: 331] on 27 Jun 1906 in Queensland Aust.

Constance next married Frank Edward BOOTHMAN [1047] [MRIN: 333], son of Joseph William BOOTHMAN [22750] and Elizabeth LORD [22751], on 15 Jun 1929.

Constance married someone.