Married as a Spinster twice - How? my theory

[meggles]

Hi I have a Jessie May Chamberlain who married George Henry Davis in Berry, NSW 1907.  The information from the marriage certificate confirms that this is my Jessie and it also gives George's parents as George Henry Davis and Mary Carmody. Jessie is a spinster and George is a Bachelor.
Both living at Harley Hill Berry. (George was 28 at the time of the wedding making him born in 1878ish)

Then Jessie May Chamberlain (she is using her maiden name - not married name of Davis) gets married again in 1919 in Berry to a Samual Mogler - Jessie again as a Spinster and Samual as a Bachelor - information on the certificate confirms that it is my Jessie again.  Jessie living in Berry and Samuel in Sydney

So what happened to George Henry Davis?

There is a George Davis dying in 1907 with parents of George and Mary - I thought that maybe he died straight after they got married (honeymoon)  - but the guy dying in 1907 was very old and had a wife and daughter.

So my theory is:
George Henry Davis married in 1907 twice:
once to Minnie Croft and then to Jessie May Chamberlain
eventually Jessie has found out and the marriage is then null and void - therefore she is a spinster again and she has gone back to her maiden name because she was never really married.

why i think this - 1. George is mentioned in his mother's death notice in 1922 (although the deceased older son is not)
2. there is only one George Henry Davis being born in 1878 in the shoalhaven area
3. I can't find any other deaths that would match my George henry davis besides the one in 1944 who was the husband of Minnie.

So does anyone have any thoughts here?  is there any records I could find to prove or disprove this theory?
or could anyone else find another Geroge Henry Davis that could be mine and explain why Jessie married as a spinster and her maiden name twice??
confused?
cheers
Meggles

[majm]

So my theory is:
George Henry Davis married in 1907 twice:
once to Minnie Croft and then to Jessie May Chamberlain
eventually Jessie has found out and the marriage is then null and void - therefore she is a spinster again and she has gone back to her maiden name because she was never really married.

why i think this - 1. George is mentioned in his mother's death notice in 1922 (although the deceased older son is not)
2. there is only one George Henry Davis being born in 1878 in the shoalhaven area
3. I can't find any other deaths that would match my George henry davis besides the one in 1944 who was the husband of Minnie.

Does the first marriage cert for your lass make ANY comment about it being annulled or void or otherwise ended by a civil court?    I would expect this to be noted at the far left of the NSW BDM cert, or in the notes from an official transcription agent.    The NSW Supreme Court would have needed to determine the validity of that marriage, and its determination would always be added to the registration process at NSW BDM.  It was quite a formal process to add that type of note to the registration, several signatures, court reference numbers, dates and the like.   A great deal of protocol involved.   Were there any children of that first marriage?  (Maintenance orders are included in the NSW SRO's "Divorce" Index.
http://srwww.records.nsw.gov.au/indexes/searchform.aspx?id=16 )

It would be usual for the offended party to seek a formal dissolution of the marriage, and for the NSW Police to be requested to seek a warrant for the arrest of the offender.    In that era, these matters would be listed in the NSW Police Gazette.   This too is available at NSW SRO, on reels.   I am also aware it is currently available from a commercial website. 

Cheers,  JM

[majm]

The clergyman marrying Jessie in 1919 had the option of using three words for her status : Spinster, Widow, Divorcee.   

There is NO obligation for the bride to use either her birth surname or the surname of any previous husband.    Provided the bride is NOT attempting to hide any criminal matters involving herself she can choose to marry under any surname that she is ALREADY known by.   If you are sure that your lass was twice married, and that the first ceremony ought to be void, it is important to also know that there were significant penalties for the parties to a marriage committing perjury for giving false information to the clergy. 

http://www.legislation.nsw.gov.au/sessionalview/sessional/act/1899-15.pdf

Cheers,  JM

[majm]

Have you compared the signatures of the bride and groom on the two 1907 marriage certs? and also compared Jessie's signatures on the 1907 and 1919 and on any other documents she may have signed

Cheers,  JM

[majm]

http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s92.html

"
92 Bigamy

Whosoever, being married, marries another person during the life of the former husband or wife, shall be liable to imprisonment for seven years:
Provided that no person shall be convicted under this section whose husband or wife has at the time of such second marriage been continually absent from such person for the space of seven years, or, if domiciled in New South Wales at the time of the first marriage, has been continually absent from New South Wales for the space of five years then last past, and was, on reasonable grounds, believed by the accused at the time of the second marriage not to be living, of which facts the proof shall lie on the accused."

Cheers,  JM

[Jennaya]

Have you purchased both marriage certificates from the 1907 marriages to see if groom info is the same. eg  age, father's name, occupation. Of course, he may not have been telling the truth...

[meggles]

Hi   - I have the 2 marriage certificates for Jessie  - one from 1907 and one from 1919.  I have just ordered the marriage certificate for George and Minnie because I was convinced that the George dying in 1907 was going to be Jessie's husband - that should arrive by Thursday.
I guess I am leaning towards this theory because
1. he was not mentioned as dead in his mothers death notice in 1922
2. there is only one George Henry Davis being born in the Shoalhaven area in 1878 (yet I have Jessie's George as well as Minnie's George being born in 1878 in Shoalhaven.)
3. there is no other George's death that I can see that matches Jessie's George.Jessie and George may have had a child - but unsure (it could of been a child by the name of Roy - who was given to another family member to raise, he never knew his real parents - chances are high that Jessie is his mother, he was born in 1912 and he was raised by the Elliotts and grew up as Roy Elliott (can not find his birth registration at all - but that is all in another thread)
George and Minnie had a child in 1907, 1909 and then lots more until 1923..

Does this mean anything - I George's WW1 record it asks if he has ever had any Civil arrest (something along those lines I think) and he said Yes - could this be the marriage to Jessie that he was caught our for - it would that be criminial?
cheers
Meggles 

[wivenhoe]

"...information on the certificate confirms that it is my Jessie again. "

Do you mean that the names of parents that Jessie m. 1907, and Jessie m. 1919, gives on the two marriage certificates are the same names for parents.  If not, what information confirms this.

I am not wanting to be pedantic, but you have not stated this specifically.

Also, who are the witnesses on the later certificate........and might presumably know something of Jessie and her recent domestic history?

[meggles]

Hi Wivenhoe
Your not being pedantic  - you are right I have not given that much info on those marriages.
The marriage's have for Jessie the same parents but also all the witness's in both marriages are family members, as well as this the marriage's are reported in the paper and again they mention who Jessie is and mention's all the other relatives which are well Known to me (the witness's at both weddings were a variety of Nieces and Nephews of Jessies as well as her brothers (a different brother at each wedding).  Unfortunately my mum is the eldest relative now living and she does not know the answer to any of this.  Jessie's first marriage was a well kept secret, so even talking to other researchers who have been doing this for 20 years more than me didn't know about this first marriage - and they have spoken directly to the older generation before they died, but nothing was ever mentioned about this marriage.
Jessie's children from her second marriage  are
1. Reuben Mogler who died about 1995 - no family to contact down this line
2. the second son died on the HMAS Sydney  - he was a stoker
3. Joyce Mogler married a American solider during ww2 and moved to America  - she died many years ago.  I contacted her sons over there but they said that there mum never talked about her family in Australia and they had no info.