Skip to main content

Trove Tuesday: Gundagai Court of Requests - James Worldon v.William Fuller

My 3rd great grandfather James Baker Worldon and his half brother Richard Worldon are the subject of today's Trove Tuesday post.




Source: GUNDAGAI COURT OF REQUESTS. (1874, December 5). The Gundagai Times and Tumut, Adelong and Murrumbidgee District Advertiser (NSW : 1868 - 1931), p. 2. Retrieved September 23, 2014, from http://nla.gov.au/nla.news-article122755248

Transcript:

GUNDAGAI COURT OF REQUESTS.TUESDAY, DECEMBER 1,

Before the Police Magistrate and Mr. J.B. Elworthy J.P.


JAMES WORLDON v. WILLIAM FULLER, erection of fencing £5 12s. Plaintiff  deposed to having contracted with defendant to put up some fencing at Bongongolong, at 1s a rod ; he completed 112 rods of fencing, being partly assisted by his brother, Richard Worldon, but on Monday week last defendant knocked them off work ; witness then asked defendant to pay him for what he had done, but defendant offered to give him an order upon his (witness's) brother for the amount, saying his brother owed him money ; witness refused to take the order, and as defendant did not pay him brought the present action.  In reply to the Bench witness positively asserted that he had contracted with defendant to put up the fence and had employed his brother to assist him ; he put up 62 rods himself, and his brother helped with the other 50 rods ; defendant never told him anything as to having bargained with his brother to have this fencing put up in payment of a debt due by the latter to him.
Defendant's evidence was to the effect that he had lent Richard Worldon money, and that the latter had said that he would work the debt out as he could not pay it ; witness spoke to Richard Worldon first about this fencing, and he said he and his brother would do it ; it was quite understood that the sum due for it was to be deducted from the debt owed by Richard Worldon to him.
In reply to the Bench defendant admitted that he had not mentioned to the plaintiff that he was going to deduct the price of the work done from Richard Worldon's debt ; but said he knew it well enough.
Richard Worldon, called by defendant, first wanted to know who was going to pay his expenses, and afterwards corroborated the plaintiff's evidence.  It was with his brother, he said, that defendant contracted as to the fencing, and he (witness) assisted him ; he was willing that defendant should retain the portion of money due to him in payment of his debt.
Defendant said Richard Worldon and his brother had made it up between them to get out of paying the money he lent the former.
The Bench held that on defendant's own  showing plaintiff was entitled to payment for the work he had done, but they considered that he might claim to retain the money due to Richard Worldon. Judgement for the plaintiff  for £4 15s
There were no other cases to be heard. 
Labels:

Comments

Post a Comment

Popular posts from this blog

The Kendall Children.

I started this post a while ago and was going to finally finish and post it yesterday however our four grandchildren came over and I got sidetracked.  Our grandchildren range in age now from six down to one;  they are so full of life (each of them lights up a room when they enter it) and we feel extremely blessed to have them in our lives.  After spending the afternoon researching this post, their arrival made this tragedy even more poignant for me and so I appreciated their company even more than usual and hugged them a bit tighter too!  This morning I woke up to a cold, wet and windy Wagga day and the thought of three little girls out in August weather like this, in light weight dresses with no shoes or jumpers impacted on me even more. Those poor babies! One of the girls was found still clasping her doll that she had carried with her over the whole tragic journey. When my husband and I were looking around the Wagga Wagga Monumental Cemetery some time ago we came across a very sad he
9 comments
Read more

My First Fleet Connection - Mary Turner (aka Mary Wilkes/Wilks)

My 5th Great Grandmother Mary Turner (also known as Mary Wilks/Wilkes) is my earliest known and documented Australian relative.  She was tried at Worcester on  5th March 1785 and sentenced to seven years. Mary arrived on the ship Lady Penrhyn   in 1788.   It seems the 5th of March was not an auspicious trial date for Mary in 1785 or later in 1789!   On the 5th  March 1789 she was tried for stealing six cabbages from the garden of William Parr, she was found guilty and sentenced to 50 lashes.  Later in March 1789 she also was in trouble for her testimony in the trial of  Royal Marines accused of stealing from the government stores  (six of them were found guilty and executed) in which it was believed by some that she had perjured herself.  Mary was sent to Norfolk Island in 1790 on board the ship Sirius .  Apparently she stayed on Norfolk Island until 1793 when she returned to Port Jackson on board the ship Kitty .   Her de facto relationship with David Batty (a Third Fleet convict who
6 comments
Read more

Time for a happy dance! Well kind of .....poor Catherine!

Brickwall knocked down at last!  Catherine Rhall was murdered by her partner James Baker Worldon on the 14th February 1855 at Beechworth.  The Trove articles do involve my 4th Great Grandparents James Baker Worldon and Catherine Rhall!  I guess the family tree book will need updating now ;) I looked up the following record from the Public Record of Victoria and bingo the details match my ancestors records.  Catherine Rhall's fate is now known at last, she was murdered by her partner and he was only sentenced to two years imprisonment for it and by the look of it was released early in 1856!  I also found out he used the alias Milbank, which will give me new avenues for future research. Public Record Office of Victoria Series title: Central Register of Male Prisoners Sub-Item title: Worldon, James; (Milbank); (Jas Baker Worldon): No. 2265 Sub-Item number: Page 199 Date range: 1854 Public access: Open Format: Digital Source: Public Record Office Of Victoria.
15 comments
Read more