Old Age v Youth – a Darlot Divorce

Wife of 39yrs Sues Husband of 82yrs

A woman of 39 years, sad-eyed and patient, and a man said to be 82 years of age, stoutly built and sturdy looking figured in the Divorce Courts last week, before the chief Justice (Sir Robert McMillan). The wife was just seventeen years old when married to the man in the Roman Catholic Church in Subiaco Perth on 28th Aug 1905,. The petitioner, Lilian Winifred Gilmore, of Wellington street, Northam, sought a divorce from George Gilmore, pastoralist of Leonora, on the ground of his cruelty and desertion.

The case of the petitioner was that after the marriage the parties went to live on Gilmore’s station at Lake Darlot. Soon after the marriage the respondent began to treat his wife cruelly, and finally she was compelled to leave him about December 1911, Then the respondent, it was alleged, drank heavily, and continually abused his wife. He threatened to kill her, and once picked up a rifle and threatened to shoot her. The woman, who told her story in dull, unimpassioned tones, said that there were no children of the marriage. She had never known her husband’s age.

They lived four miles from the nearest neighbor. She had to do all the housework, cook the bread for her husband, who had a baker’s and butcher’s run. She sometimes helped him to kill stock, and she regularly drove his cart, going out at 4 or 5 o’clock in the morning with the bread and meat and getting back at 8 or 9 o’clock at night from her long and lonely round. Her husband was always nipping whisky and he got into violent rages. She was forced to leave him in 1907, but she returned and lived with him again. Finally she left him in 1911, because of his cruelty.  He took a nip of whisky every few minutes. He always had a case of whisky in the house. He was always nipping? — He did not leave it alone unless he went to sleep on it.  The petitioner said her mother came from Ireland and her father from Switzerland, and she was born in Australia.

George Gilmore -The Mirror – 30 July 1927

The respondent denied persistent cruelty and desertion, and submitted that the petitioner had been unreasonably long in presenting her petition. Continuing the evidence for the petitioner, William Ambrose Dorizzi, engine-driver, of Kalgoorlie, said that a year after his sister (the petitioner), was married he, at the request of the respondent, went to Gilmore’s station, at Lake Darlot, and worked for him for three months. During that time witness told Gilmore that be ought to be ashamed of the way he was treating his sister, swearing at and abusing her. In 1912 his sister sent him a message asking him to take her away. He went to Lake Darlot and found her in a state of hysteria and took her to his home at Lawlers. Bertram Dorizzi. a contractor, the brother of the petitioner, said from about 12 months after his sister’s marriage and when he was a boy of fifteen he worked on Gilmore’s station. Gilmore used to say that his wife was no good. Witness intervened frequently on his sister’s behalf and had three or four stand up fights with Gilmore. The respondent used to get muddled with drink and, once, he tried to take the blinkers off a horse’s tail. Gilmore would have had no station if we had not worked for him said Dorizzi. Gilmore was always threatening to shoot the whole lot of the Dorizzi’s, and he also threatened to shoot Claude de Bernales.

How old is Gilmore — He always used to tell us be was 102, and then he came down to 80. The people averaged it out that he was between 80 and 90. Further cross-examined, the witness said that Gilmore gave up drinking about 1915 out of ‘natural meanness’. Mrs Gilmore did not communicate with her husband, but when he sold his station he heard from her. Soon after her marriage the major portion of her family was living with Gilmore.
Gilmore walked stiffly towards the witness box and commenced to climb laboriously on to the judicial bench when he discovered his mistake. He was 82 years of age he said, Mr Dwyer : How old were you when you married — Fifty five, When were you born? Witness (cheerfully) : I don’t know!  When I was fourteen I left Sydney. Mr Dwyer : When was that Witness (still cheerful) : Oh, I don’t know!

Respondent said that his wife was not worked hard and had a servant, if she liked to help her. They kept their money in a safe, his wife and he having a key each, After his wife left him in 1927 and went to Perth he followed her and brought her back, and she stayed with him four years, When she left in 1907, she took a diamond ring he had given her to keep and all the money in the house. He brought her back because he wanted someone to keep his books. They were living quite happily up to then. On the second occasion when she left him he was returning with the butcher’s cart when he saw her driving sway in the sulky with her brother. He found all the money gone. It. amounted, £50 or £60.

Under further cross-examination the respondent said his wife was robbing him, they were all robbing him, Witness shook with laughter She was quite happy, but she wanted to live in the city. The scene became more and more animated as Mr Haynes, hanging on to the witness box, shouted his questions, but at last the old man climbed down from the witness box safely, still smiling.
Conclusion by Justice:- Strong, abusive or vile language was not in itself sufficient ground for divorce. The petitioner left Gilmore and remained away for a great number of years, but when Gilmore sold his station, what had been a great objection to her was removed, and she suggested to him this year that they might live together, not in the bush, but in the city. By this time he had even forgotten what she looked like and had failed to recognise her.

The case was concluded in favor of Mr Gilmore.

The following information was sent in by OFH reader John Sheridan:-

George sold his station and then was invited to go into Leonora to live with the Poletti family. Mrs. Poletti had worked for him earlier at the station, temporarily cooking and washing, etc. They struck up a firm friendship. Upon his death in Oct. 1928 the will divulged his entire estate was left to Mrs. Poletti and one of her daughters.  When his ex-wife heard of this she went to court to try to get her hands on some of the £3800 but failed.  I note that OFH The Leonora cemetery records for George has his age at 90 at his death and born in Massachusetts USA.

Leonora Miner 27 October 1928, page 2