Winter -v- Spring a Darlot Divorce

Old Age and Youth   
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 court last week, before the Chief Justice, Sir Robert McMillan. The wife was just seventeen years old when married in the Roman Catholic Church, Subiaco, WA on Aug 28th 1906, to the man. 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 in 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 neighbour. She had to do all the housework, cook the bread for her husband, who bad 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.

The Mirror – 30 July 1927

The respondent denied persistent cruelty and desertion and submitted that the petitioner had been unreasonably long in presenting her claim. 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 he ought to be ashamed of the way he was treating the petitioner, swearing 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 he 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. Gilmore walked stiffly towards the witness box and commenced to climb laboriously onto the judicial bench when he discovered his mistake. He was 82 years of age he said to Mr. Dwyer. How old were you when you married — 55 years, When were you born?: 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 for four years, When she left in 1907, she took a diamond ring he had given her to keep and all the money from the safe. He brought her back because he wanted someone to keep his books. They were living quite happily up to then. On the second occasion she left him he was returning with the butcher’s cart when he saw her driving away in the sulky with her brother. He found all the money gone. It. amounted to £50 or £60.

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 favour of Mr. Gilmore.

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

George sold his station and then was invited to go to 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 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.
Note: On George’s death certificate it states he was aged 90 and born in the USA.