| Notes |
- Sometime after the birth of Kirby in 1895 the family went to New Zealand. While there Charles hooked up with a Mrs Smith also known as Georgina Baldwin (1862-1916) and upon return to Australia Charles was confronted by Marion's brother Arthur Ryeland who tried to take one of the children and slandered him in public. The slander case was dismissed but revealed that Charles had sold property to Georgina and that she had been put in charge of looking after the children. Marion is left without any financial support and has to live with her mother while Charles has the children with Georgina. Marion succeeds in getting financial support but Charles, Georgina and the kids leave for London in 1900 where he bigamously marries Georgina. In 1901 a warrant was issued in Australia for leaving his wife. Georgina dies in 1916 and Charles leaves for France where he marries again in 1918 and later dies in 1948. Marion seems to be left alone in Australia without her children for the remainder of her life.
- (Research):Wed 6 Dec 1899
The Daily Telegraph - Sydney, NSW Australia
A RELATIVE SUES FOR SLANDER
FOWLER V. RYELAND
An action to recover £1000 for alleged slander was brought before Mr. Justice Cohen and a jury of four, in which the plaintiff was C. J. Fowler and the defendant Alfred Ryeland. Mr. Reid. O.O.. and Mr. Mason (instructed by Mr. Maddoeka Cohen) appeared for the plaintiff, and Mr. Guiuion (instructed by Messrs. Williamson and Sons) for the defendant. It appeared that the parties were brothers-in-law. The plaintiff charged the defendant with having called him "a white- livered hound" and "a blackguard." Defendant pleaded not guilty.
On behalf of the plaintiff an offer of settlement was made, provided that the defendant apologised and paid the expenses which had been incurred. It was stated that the plaintiff was married to the defendant's sister, and was connected with the Mutual Life Association of Australasia.
The plaintiff's case was that the defendant had tried to take one of his children from him at the Union Company's wharf on September 13, and had vilified him in the street. Plaintiff was secretary of a life office at Newcastle.
Mr. Gannon cross-examined the plaintiff with regard to a Mrs. Smith whom he had known in Sydney, and who had received an appointment in the same office where he was employed in Adelaide.
Mr. Reid: You are making it hot and strong now. (Laughter.)
Plaintiff, in reply to Mr. Gannon, said that Mrs. Smith lived with the family in New Zealand, She conducted the affairs of the house, because his wife was not capable of it. He denied that he used to call Mrs. .Smith "Kitty," and denied that he had warned his children against being friendly with their mother. He had been living in Mansfield-street, Glebe, where Mrs. Smith looked after his children, He did not live there with Mm. Smith as Mr. and Mrs. Adams. He had not given Mrs. Smith instructions that his wife was not to see the children.
Mr. Gannon: Your wife is a very quiet and homely woman, is she not?
Plaintiff (expressively): Is she? (Laughter.)
A rather fashionable woman this Mrs. Smith is?— I don't know.
A golden-haired lady? — I am no judge of that sort of thing.
Has she not golden hair? — I am not good at colors. She has light hair.
Plaintiff said that since July last he had given his wife no money. No had heard that his wife had tried to gain the custody of the children in New Zealand, He had cabled to Mrs. Smith to bring the children over from New Zealand. Since he had been in Sydney he had sold property to Mrs. Smith. He could not tell what the consideration was till he saw the papers, but it was about £50 or £60.
The case stands part heard.
Thu 7 Dec 1899
The Daily Telegraph - Sydney, NSW Australia
A RELATIVE SUES FOR SLANDER
FOWLER V. RYELAND
Mr Justice Cohen and a jury of four, in No. 1 Jury Court, continued the hearing of the action Fowler v Ryeland. Mr Reid Q.C. and Mr Mason (instructed by Mr E. G. Maddocks Cohen) appeared for the plaintiff; Mr Gannon (instructed by Mesers, Williamson and Sons) for the defendant. Plaintiff and defendant are brothers-in-law, and the former claimed that he had been slandered by the latter, who had called him "a white-livered hound" and a "blackguard." The words complained of where uttered in the street, and in the hearing of several people. It was shown in evidence that the words were uttered in connection with a family matter. The defendant entered a plea of not guilty, and in his evidence admitted having used the words complained of; but he maintained that the circumstances justified their use.
The jury returned a verdict for the defendant.
Wed 6 Dec 1889
The Sydney Morning Herald
I Fowler v Ryeland
Mr G H. Reid, Q.C., and Mr Mason, instructed by Mr E G Maddocks Cohen, appeared for the plaintiff and Mr Gannon, instructed by Messrs. John Williamson and Sons, for the defendant I his was an action brought by Charles John Fowler, Secretary of the Mutual Life Association of Australasia, at Newcastle, against Alfred thy hand, to IC cover compensation for alleged slander The parties are brothers-in-law, and according to the plaintiff's case they had been on bad terms for some time Plaint had come from New Zealand, where he had left his children, and on the 15th September last he came to Sydney to meet the steamer in which they were travelling While proceeding along the wharf with the children to place them in a cab the defendant came up
and after a futile attempt to seize one of the children he, in the housing of a large number of people, said to the plaintiff "You are a white livered house, Mr Fowler and also "You are a black- guard, 1 Yes, that is what you are blackguard" This was the slander complained of, which he said had damaged his credit and reputation Damages were laid at £1000
Defendant pleaded not guilty
The case stands part heard.
Thu 7 Dec 1899
Evening News, Sydney NSW Australia
In No. 1 Jury Court yesterday, 'Mr. Justice Cohen and a jury of four concluded the hearing of an action in which Charles John Fowler, secretary to the Mutual Life Association of Australasia, at Newcastle, sought to recover compensation for alleged slander. The defendant was Alfred Ryeland, the. brother-in-law of plaintiff, and the case for the plaintiff was that he, having come from New Zealand, where he had left his children, visited Sydney on September; 13 last to meet the steamer in which they were travelling.. While taking them along the wharf to a cab the defendant, he allaged, came up, and attempted to 'seize' one of them, and said to the plaintiff 'you are a white-livered hound!' and 'a blackguard.'. Plaintiff claimed £1000.
Defendant pleaded justification.
The jury found a verdict for the defendant
Thu 7 Dec 1899
The Sydney Morning Herald
No. 1 JURY COURT.
(Before Mr. Justice Cohen and a jury of four.)
ACTION FOR ALLEGED SLANDER.
Fowler v. Ryeland (part heard).
Mr G H Reid, Q C and Mr Mason, instructed by Mr. L G. Maddocks Cohen, appealed for the plaintiff and Mr Gannon, instructed by Messrs John Williamson and Sons, for the defendant This was an action brought by Charles John Fowler secretary of the Mutual Life Association of Australasia, at Newcastle, a guest Alfred Ryeland, to recover compensation for alleged slander I h i parties are brothers in law, and according to the plaintiff's case they had been on bad terms for some time Plaintiff had come from New Zealand, where he had left his children, and on the 1 5th September last he came to Sydney to meet the steamer in which
they were travelling While proceeding along the wharf with the children to place them in a cab the defendant came up and after a futile attempt to BDUO one of the children he In the hearing of a large number of people, said to the plaintiff You are a white livered bound, Mr Fowler and also, "You area black Ituiird, yes, that is what you are, a blackguard " Uns was the slander complained of, which he said had damaged his credit and reputation Damages were laid at £1000
The defendant admitted having used the words complained of, but contended that under the circumstances they were justified
The jury returned a verdict for the defendant
Sat 6 Jan 1900
The Daily Telegraph Sydney
A Wife's Claim for Maintenance
Mr. Smithers, S.M., was occupied for a long time at the Newton Court yesterday in hearing a case in which Marion Emily Fowler proceeded against her husband, Charles John Fowler, for maintenance, Mr James Gannon (instructed by Mr. G. F. Williamson) appeared for the complainant, and Mr. Moss was for the defence. The case excited a deal of interest. It appeared that the parties had formerly lived in New Zealand, where the defendant held a good position, receiving £600 a year. There were four children, who were now in the custody of the father. Complainant said she was now living with her mother at Dulwich-hill. Defendant had not for some time contributed to her maintenance, and she had no means whatever, even the clothing in which she stood not being her own. She asked for £2 a week. Defendant said he was now in the employ of the Mutual Life Association of Australasia, travelling between Newcastle and Moree. He received £25 a month, but nearly the whole of this was absorbed in travelling and other expenses. Besides this, he received commissions averaging £6 or £7 a month, and out of this he paid £2 a week for the support of his children. The most he could allow his wife was £1 a week. Defendant was subjected to a severe cross-examination, with the view of showing that he had other means. He admitted that he had sold a house at Petersham for £475 to a woman formerly connected with him in business in South Australia, that the same person had kept house for him in New Zealand, and was now looking after his children. The magistrate made an order for £2 a week, and allowed three guineas for complainant's costs.
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1865 - 1952 (87 years)
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