Appendices to "The WEDEMEYERs of Eastern Australia."
… section 2. Court cases & Rates.
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The appendices are as follows:
… note that this page contains section 2 (Rates and Court Cases), and that there is a separate page for each section of the appendix.
- Appendices Section 1: Your family is my family (?) …early origins of WEDEMEYER families
- Appendices Section 2: Court Cases
- Appendices Section 2: Rates
- Appendices Section 3: Inquiry into Hotel Fire, 1885
- Appendices Section 3: JWH (Harry) WEDEMEYER’s Documents
- Appendices Section 4: DAVIS documents
- Appendices Section 5: WEDEMEYER name
- Appendices Section 5: Descendancy Report of German born WEDEMEYERs
Section 2: Court Cases.
i) Stabbing at George WEDEMEYER’s lodging house, 1862.
Gayndah Police Court hearing.
Gayndah Police Court. Tuesday, July 1.
Before the Police Magistrate and D. JONES, Esq., J.P.
Caroline JOHAN v. William JOHAN — Charge of assault, withdrawn by the plaintiff.
Caroline JOHAN v. Fritz FRIEDERICKS— Charge of using abusive language, withdrawn.
William JOHAN brought forward under arrest, charged with stabbing one Louis STRAUSS. —Louis WEDEMEYER, a witness for the prosecution, on oath states: I am a shoemaker residing in Gayndah, I also keep a lodging house: I have known the prisoner for four years: I know his wife, who has been in my service for the last three years; I know a man named Louis STRAUSS; he has been working for me for the last seven weeks; I have known him for about two years; he was in my house on the night of the 24th of June; about half past 10 o'clock the same night I heard Caroline JOHAN scream and run out of her room and say that there was somebody male beneath her bed; she then fainted; JOHAN and his wife have been on bad terms for some time; I went to the bedroom door and met the prisoner coming out; I said to him something to this effect, "Now, William, I could send you to Brisbane, but if you go out quietly and promise never to enter my premises again, I shall say nothing more about it;" prisoner was abusive; Strauss was then standing at the front door leading from the dining-room into the verandah; there were several of the witnesses standing in the dining-room at the time holding Caroline JOHAN on a bed, she being in faints (?); Caroline JOHAN screamed out a second time, and Louis STRAUSS came into the dining room to STRAUSS to put him out of the house; STRAUSS took him around the waist and put him out of the house; no unnecessary violence was used in turning the prisoner out; after the prisoner was put out he made a rush at STRAUSS, who took a paling in his hand, but made no use of it, as the prisoner on seeing it jumped back; the prisoner then ran again at STRAUSS, who took him round the waist and threw him into the middle of the road; when the prisoner was making a last rush at STRAUSS he drew his right hand out of his pocket and struck at STRAUSS, who guarded his face with his right arm, and immediately the blow was struck exclaimed that he was stabbed with a knife; prisoner then ran away, and I called out murder; on hearing what I said he came back to me and said— "I have got no knife, search me all over:" I told him that he had had a knife, and that he had thrown it away: the prisoner then went away, and I and some other persons went to look for the knife and found it in that part of the road where the prisoner was at the time I called out murder; the knife now produced is the one Mrs. LEAR picked up in my presence; I took possession of it and gave it to the Constable the next day immediately on hearing STRAUSS call out that he was stabbed I ran up to him; he had on a woolen shirt at the time, with the sleeves rolled up to the elbow; I saw the blood running from a cut in his arm; I sent for the doctor, who came and sewed up the wound; it was after this that we found the knife; the prisoner appeared to be sober at the time. Cross-examined by prisoner: You were quiet when you came out of the bedroom, and in consequence of your using the language you did to my wife I told you that I could send you to Brisbane if I thought fit, and you became excited; when you came out of the bedroom you exclaimed "I have nothing to do with you, only with Caroline," and you asked me for your hat that you might go away; after you had asked my for your hat, STRAUSS did not then catch hold of you and tear your coat.
By the Bench: The hat was found after the row was over underneath the bed, in Caroline’s bedroom; when I first went to look for the hat, I looked for it under the bed in Caroline’s room; I did not find the hat, but found a handkerchief belonging to the prisoner containing some meat. Cross-examined by the prisoner, through an interpreter: I can swear that you put your hands in your pockets, but I did not see you pull out a knife; the coat now produced is, I believe, the one that you had on at the time; you did not use bad language to STRAUSS when he first pushed you out of the house, but you did afterwards. By the Bench: The arm that STRAUSS raised to protect himself with is the one he was stabbed in. Louis STRAUSS on oath states: I am a bushman; reside at Gayndah; I was at the house of Louis WEDEYMERE on the night of the 24th of last month; I there saw the prisoner, who I have known for about 6 months; while I was sleeping in the house next to where Caroline was in, I heard an awful cry, and I at once got up and went to the house where Caroline was; I saw Louis WEDEYMERE, the prisoner, and Caroline in the dining-room; the prisoner and WEDEYMERE were quarrelling, and WEDEYMERE ordered him out of the house, but he refused to go; I asked Louis WEDEYMERE if he wished me to put him out of the house and he said yes; he opened the door and I put the prisoner out; I carried him in my arms and put him outside the garden gate; he ran at me several times, and I pushed him back; the third time he ran at me I saw a knife in his hand with which he struck at me, if I had not raised my arm it would have wounded me in the face or neck, as it was it struck me on the right arm below the elbow; he was very abusive before striking me. By the Bench: There had been no ill feeling between the prisoner and myself before that night; about half an hour after I was stabbed I gave information to the police. The prisoner declined to cross-examine the witness. Frederick FREDERICKS, a witness examined, corroborated the evidence as above, but it was merely a recapitulation of the evidence already received, we have omitted to give it. Case remanded until the following day.
Wednesday, July 2 Before the Police Magistrate, Michael HAYNES, Esq. In the case of William JOHAN, which had been remanded until today, the decision of the Bench was as follows: - That the prisoner stands committed to take his trial at the next Sessions at Maryborough, to take place on the 14th of September.
Source: Gayndah Police Court. Burnett Argus, Gayndah. Jul 3, 1862.
Maryborough District Court Hearing and Sentencing.
FRIDAY, SEPTEMBER 5.
Regina v. William John.—ln this case the prisoner was indicted for having, on the 24th of June last, at Gayndah, wounded one Louis Strauss, with intent to do some grievous bodily harm. The prisoner was undefended. It appeared that the prisoner's wife had been living as servant with a man named Wedemeyer for 3 ½ years. Wedemeyer keeps a board and lodging house. The prisoner, who seemed to be jealous of his wife, came to Wedemeyer’s house on the night of the 24th June last, after 10 o'clock, and had some words with his wife, upon which she rushed out of her bedroom and fainted. Wedemeyer then said to the prisoner, "John, you are in my power now, and I could send you to Brisbane Gaol if I liked, but I won't do it if you leave my premises and don't enter them any more." He refused to go, and Strauss was called upon to help to turn him out. Strauss thereupon took hold of him as quietly as he could to turn him out. He put him outside the gate of the garden belonging to the house. The prisoner then made a rush at Strauss, and Strauss took a short piece of paling in his hand. The prisoner jumped hack and put his hand in his coat pocket, and afterwards went away for a little time. He then returned and struck at Strauss; Strauss lifted up his right hand, and immediately afterwards called out, "I am stabbed;" Wedemeyer called out "murder." The prisoner, who had run away upon Strauss’ exclamation, then returned and said, "I have no knife, search me if you like;" but his knife was subsequently found close to the spot. From the evidence of Strauss himself, it appeared that the prisoner had made a blow at his head or neck, and in lifting up his arm to protect his head he had been stabbed a little above the wrist. The jury found the prisoner guilty, and he was sentenced to 12 months' hard labor in Brisbane Gaol.
Source: Brisbane Courier; Sep 13, 1862.
Gayndah Police Court hearing.
Thursday, July 3 Before M HAYNES, Esq., P.M., and J.B. TYMONS, Esq., J.P. Larceny. — William Archibald John CAMPBELL was brought up under arrest charged with stealing a cheque to the value of ten pounds, the property of one Albert THIELL, from him on the 24th day of June, on the Gayndah racecourse.
Albert THIELL gave evidence that: …. I received evidence from Louis WEDEYMEYER that he had it (the cheque) in his possession, and what I heard from him induced me to give the prisoner into custody on the charge of having stolen the cheque". George Henry Louis WEDEYMERE, on oath, states: I am a bootmaker and a lodging-house keeper, and reside in Gayndah; I know the prisoner, and saw him at my place in the evening of the 24th of last month, just after sundown; a fortnight before he had ordered a pair of top boots from me, and came that evening, and took them away and paid for them in a £10 cheque, which is the one now produced; I know the cheque from the number on it, as I always enter the numbers in a book; I gave him in change three £1 notes and a cheque for £1.15s; the prisoner told me at the time he had got the cheque on the racecourse. Cross-examined by Prisoner: You told me when you ordered the boots that you would pay me on the first day of the races. By the Bench: The prisoner has not communicated with me about the cheque since he was taken into custody, not have I received back any of the money I gave him in change; I have not seen the prisoner from the time he gave me the cheque until now; I saw Thiele on the morning after I had received the cheque, and showed him the cheque after he informed me of its loss; prisoner said that he had got the cheque on the racecourse, but not in a way that implied he had picked it up; if I had any suspicion I would not have taken the cheque.
The prisoner was committed to take his trial at the next Maryborough Sessions, which take place on the 14th September.
Source: Gayndah Police Court. Burnett Argus, Gayndah; Jul 3, 1862.
Pat Smith of Mt Perry has very kindly made copies from the original Mt Perry Rate Books of pages, which relate to the WEDEMEYERs. I have summarised this information in a table at the bottom of this page. The Rate Book records are correlated with a numbered chronology of events in the lives of the WEDEMEYERs.
- 14 November 1872: Application for the licence for the "Southern Cross" Hotel in Wolca Rd, Drummer's Creek, advertised in the "Mt Perry Mail and Mining Times".
- 20 November, 1873: GHL advertised the sale of the "Southern Cross" in the "Mt Perry Mail and Mining Times".
- 1880: First year of Rates at Mt Perry.
- 1884: "Southern Cross was kept by Louis Wedemayer, who offered it for sale in the asking price being £350"
- Sep 1884: GHL relinquished his publican's licence without a transfer being recorded.
- 23 Apr 1885: GHL’s "Southern Cross" burns down.
- 5 Oct 1885: GHL died at Walla, at the age of 60.
- 1887?: Carl William Louis (Louis) WEDEMEYER’s early occupation was a carrier. His obituary said: "As a young man he was a carrier, firstly of supplies from Mt. Perry to the Gold diggings at Eidsvold and later of the quartz from the mines to the batteries."
- Nov 1887: John William Henry (Harry) WEDEMEYER was a carrier. He writes: "I went to Eidsvold (Nov 1887), I have contracted with the Battery for the carting of the quartz. It is constant, & supplies my teams." His obituary said he was: "one of the first arrivals after the discovery of gold." Harry thus could not continue farming at Drummers Creek.
- 18 Jul 1888: John William Henry (Harry) WEDEMEYER marries Martha Alice Cornwall of Gayndah.
- 27 Dec 1890: John William Henry (Harry) WEDEMEYER died at Eidsvold.
- 1890 – 1901: Hotel site (now farm land) was occupied by the MADSEN family as tenants, apart from 1891 when Louis WEDEMEYER was the occupier.
- 29 Nov 1892: Carl William Louis (Louis) WEDEMEYER married Henrietta ELSEBACH at Gayndah Qld and settled near Eidsvold
- 28 Jul 1898: GHL's widow Elizabeth WEDEMEYER remarried to Charles PAAP.
- 1901 – 1904: The Rate Book shows that GHL's widow Elizabeth WEDEMEYER (now PAAP) exercised her dower right (portion of a deceased husband’s real estate allowed by the law to a widow for her life) and was recorded variously as owner and occupier in the names of PAAP, PABST, PAABST, WEDEYMEYER of Bundaberg / Drummers Creek. Note that after GHL’s death in 1885 up to 1901, ownership was recorded in the name of L. WEDEMEYER on 11 separate years and on one occasion in the name of H. WEDEMEYER in 1887. Note also that German pronunciation of PAAP, PABST, PAABST is similar… hence probable confusion by the locals.
- 19 Jan 1904: The Curator of Intestate Estates requested an order from the Supreme Court to administer GHL's Portion 55 ( hotel site) on the ground that it was "unoccupied and unproductive".
- 1904: The Mt Perry Rate Books records Mrs Pabst owning GHL’s portion 55, but then makes the makes the notation that Allen, Joseph Snr now owned this land, together with 53, 54, 57, 58, 69… total area 392 acres. Joseph Allen took up 148 acres of selections prior to 1876 at Drummers Creek: Wolca Por. 52, 54, 57, 58. His land was on the NW and the SW boundaries of GHL’s land. He was probably the same J. Allen who had received a transfer of the "Southern Cross" licence in 1874 and served with GHL in the Drummer's Creek School Committee in 1876.
|Year||Name & Occupation of Person Rated||Name & Residence of Owner||Description& Situation||Value||EventNo.|
|Last Updated on 30/6/2003 By PD & LE STRONG|
|1880||JH WEDEMEYER||JH WEDEMEYER||Public house||£12|
|1881||JH WEDEMEYER||JH WEDEMEYER||Homestead||£12|
|1882||FH WEDEMEYER||FH WEDEMEYER||Freehold||£12|
|1883||LHG WEDEMEYER||LHG WEDEMEYER||Public house||£22|
|1884||HL WEDEMEYER||HL WEDEMEYER||Public house||£14||4|
|1884||LH WEDEMEYER||LH WEDEMEYER||Public H & Freehold||£14|
|1885||WEDEMEYER||Hy WEDEMEYER||Public House Burnt down||£14||5,6|
|1886||Wedeymyer||Wedeymyer||2 fenced allotments||£3|
|1887||Wedeymyer||Wedeymyer||2 fenced allotments||£6|
|1887||Wedeymyer L, Carrier||Wedeymyer L, Walla||por 55. 10 acres||£3||7,8|
|1887||Wedeymyer H, Carrier||Wedeymyer H, Drummers Ck||£3||9|
|1888||Wedeymyer L, Farmer||Wedeymyer L, Walla||Port 55||£3||9,10|
|1888||Wedeymyer L, Farmer||Wedeymyer L, Walla||£3|
|1889||Wedeymyer Louis, Farmer||Wedeymyer, Drummers Ck||portion 55||£6|
|1890||Madsen Martin, Laborer||Wedymear L, Wolca||£6||12|
|1891||WEDEMEYER L, Labour||WEDEMEYER L, Eidsvold||Port 55 10 A||£40|
|1892||Madsen Martin, Laborer||Wedeymyer L, Eidsvold||Port 55 10 A||£40||12,13|
|1893||Madsen Miene, Housewife||Wedeymyer L, Eidsvold||Port 55 10 A||£40||12|
|1894||Madsen Minnie, Housewife||Wedeymyer L, Eidsvold||Port 55 10 A||£36||12|
|1895||Three sheets (#34, 105, 119) found with the same info as 1894, but years were not marked... Presumably from the years 1895 - 1899 inclusive.||12|
|1900||Madsen Wilhelmina, Housewife||Wedeymyer Louis, Drummers Ck||Port 55 10 A||£36||12|
|1900||Madsen Minnie, Housewife||Wedeymyer, Eidsvold||Port 55 10 A||£36||12|
|1901||Madsen Minnie, Housewife||Wedeymyer, Eidsvold||Port 55 10 A||£36||12|
|1901||Paabst Mrs, Housewife||Wedeymyer Mrs, Drummers Ck||Port 55 10 A||£36||14,15|
|1902||Paap Mrs, Widow Pabst||Pabst Mrs, Bndaberg||Port 55 10 A||£40||14,15|
|1903||Pabst Mrs, Widow||Pabst Mrs, Bundaberg||Port 55 10 A||£40||15|
|1904||Pabst Mrs... Now Allen, Joseph Snr||Port 55 10 A||16,17|
The Story Continues
- Appendix 3 Section of a set of appendices for "The Wedemeyers of Eastern Australia".