'The story of Uncle Ned's mother'
'Exploring Mary Jane's motives'
Father was Walter William Rickey (1808-1875) who was born in the Parish of Knockbride, County Cavan near the border of Northern Ireland. His occuupation in Ireland - Soldier in the 63rd Regiment which was stationed in Ireland but was called upon to engage in military operations in Europe etc. There were two Catholic churches namely West Knockbride and East Knockbride however Walter (aged 41) married Mariye (Maria) Kennedy (1830-1917) at Dernakesh Drumgoon about 20 km north east of Cavan on 16 th April 1849 at the age of only 19.
EPG on convict ship with family. Worked Stirling Rd, Claremont. Posted to York as one of six guards in 1854 & granted land & developed house in Poole St, York. Appointed Special Constable. Died 29/4/1875 at the age of 67. Buried in Pioneer Cemetery, now sports ground in York. Maria Kennedy died 22nd Jan 1917 aged 85.
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The wooden headstone of Walter Rickey in the York Museum WA |
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2nd marriage to Daniel Kane Sept 22 1885 from the Marriage Cert. (on Uncle Ned's birth the date is given 16th Sept 1885 which is incorrect by the informant) |
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Widow in 1882 - 1 living child, 2 dead (in reality her 5 children from her first marriage were all living in WA) |
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Born 9th May 1853 on the shipping vessel ‘Robert Small' en route to Australia. |
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Occupation housekeeper |
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Edward Kane was born from this union |
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Mary Jane Stevens it seems cleared out and returned to family members in York Western Australia about 5 years after Ned's birth abt. 1891 |
St. Mary's Hamilton - marriage of Daniel Kane and Mary Jane Stevens
September 22nd 1885
Daniel Kane widower 1881 contractor age 50 signed his own name which he couldn't at his first wedding in 1870, 11 years earlier
Father: John Kane
Mother: Margaret Madigan Ireland (her sister Mary Madigan (born 1819) came to Australia and left Britain on the ship ‘Wanata' arriving in Victoria in 1853. She decided to live at 359 Canning St. Nth Carlton in an old style wooden house (replaced by a brick house in 1994)
Father’s occupation: labourer
Witnesses: John Brady – Rosanne Genevive Pearson
Mary Jane Stevens widow 1882 housekeeper age 32. Signed her name in beautiful handwriting.
Uncle Ned was born 8th August 1886.
Mary Jane had a daughter or son from her previous marriage and 2 children who had died.
Father: Walter Rickey – Pensioner 63rd Fort
Mother: Maria Kennedy
Priest: Fr. John Hayne
Daniel was 18 years older than Mary Jane.
About 3 years after Ned's birth she cleared out perhaps because Daniel was a hard man to live with. Her later whereabouts is unknown along with her daughter or son.
Kane v McAnally
COLERAINE ALBION PAGE 3 27TH JUNE 1890
At the Coleraine Police Court on Tuesday, before Mr. Johns PM, a peculiar “turkey” case came on for settlement.
The plaintiff was Mrs. Kane, wife of the well-known contractor, and was represented by Mr. E. Silvester; while the defendant, Mrs. C.A. McAnally, a neighbour of plaintiff, had Mr. Samuel on her behalf.
Mr. Silvester said the facts of the case were that Mrs. McAnally’s children were seen urging a dog to attack a flock of turkeys belonging to plaintiff. She was afterwards interviewed, and admitted that some turkeys had been killed by a dog urged on by her children.
The witnesses to the case were ordered out of the court until called upon.
Mr. Silvester argued that only trespassing geese could be destroyed under the Impounding Act.
Mary Jane Kane disposed: I am the plaintiff in this case, and I owned 13 turkeys prior to June 14. Consequent on information received by me, I went to Mrs. McAnally’s place on that date. She has 9½ acres joining us. I asked her if she had been killing my turkeys, and in reply she said she had and would kill more yet.
I told her if she did I would make them dear turkeys for her, and she defied me, telling me with bad language, to do my best.
Mrs. McAnally told me that she could kill them, but must not touch them.
I went towards the potato patch and saw one turkey dead under a wood heap.
It appeared to have died a violent death, found another between defendant’s fence and ours – which was also dead. I took them home, and we ate what was edible of them.
By Mr. Samuel: I have never quarrelled with Mrs. McAnally. I have impounded horses of theirs. I did not take down any fencing recently. I am not a boundary rider. (Laughter) The turkeys were tough when stewed. (Laughter)
Margaret Kane, a little girl, prior to giving evidence, stated, in reply to questions from the Bench, that she was 12 years of age, and that she went to Sunday School and knew the nature of an oath, and that she would be punished if told a falsehood.
The witness then disposed: The last witness is my step-mother. I recollect June 14. I was at our house and heard a dog barking, and the young Moyles sooling a dog after turkeys with sticks and stones.
The dog was called “Friday.” I went home and reported this to my mother. I saw the remains of some turkeys brought home by my mother afterwards.
By Mr. Samuel: The boys called out to the dog, “sool them Friday.” I did not see the turkeys killed. I saw the boys and the dog running turkeys towards the house.
Mr. Silvester recalled Mrs. Kane.
Mr. Samuel objected to the witness being asked any questions, as the object of ordering witnesses out of court was to prevent them corroborating one another.
Mr. Silvester said he simply wished to question the witness as to the appearance of the turkeys, so that the court could form an opinion as to how long they had been dead.
The witness then entered the box, and deposed: The turkeys appeared warm and were bleeding when found by me.
Mr. Silvester said this was the case for the prosecution.
Mr. Samuel suggested that, as there was another action in connection with the turkeys, the Bench should not adjudicate until the evidence in both cases had been heard – the two depending on the same facts. The second action was to recover 10 shillings, the value of the turkeys.
Mr. Johns expressed his intention of suspending his decision until he had heard both cases.
Mr. Samuel said the defendant’s sons stated that they did not sool on a dog, but had drove the turkeys off with a stick, and, in doing so, killed some. The plaintiff annoyed defendant with turkeys and pigs, and it was very annoying to have turkeys trespassing on a grass paddock.
Kane v McAnally: Claim for 10 shillings, damage done to poultry by a dog.
Mr. Silvester for complainant, and Mr. Samuel for the defence.
Caroline Ann McAnally deposed: I recollect June 14. Between 2 and 3 o’clock that say I was sitting with my baby by the fire when I heard a noise of turkeys. I went down the road a little distance, and when I came back I saw the children in a shed with some turkeys. Mrs. Kane came down afterwards, and asked if her turkeys were there. I said they were not, but believed some had been killed. Gave her permission to come on the premises to get them. The turkeys were damaging the crop by coming on the ground.
By Mr. Silvester: I have no animosity against Mrs. Kane. I put an advertisement in the paper cautioning the Kanes’ not to trespass on my ground. I did this because I had 2 bags of potatoes in a paddock which their pigs had destroyed.
I never passed any remarks to Kane until the 16th when she was driving her buggy along the road, and she stopped it and jumped off to drive my cow off the road. I got it off first. I register my cow on the common same as you do. (Laughter) I said to Kane “Well Mary Ann Cook, you’re not smart enough this time.” (Laughter)
It’s false that I said I would kill all the turkeys I could. My wood heap is on the main road, and the dead turkeys were not in it. One was at the back of my shed, and the other was kicking between my pig stye and Doulls fence when I left it.
The one that Mrs. Kane took from the back of the shed was bleeding. There were no feathers from the turkeys unless from where she was. All that are in the court can search my paddock and they won’t find feathers unless Mrs. Kane put them there. (Laughter)
Mrs. Kane had both the feathers and the flesh of they turkeys. I brought the stick with which they were killed into court, but not the dog. I was sorry the children killed the turkeys. Mrs. Kane declared was when she took the turkeys.
By Mr. Samuel: I did not interfere in any earthly way. I saw the bodies after the turkeys were dead.
Mr. Samuel wished to examine the little boys who were stated to have killed the turkeys, but as Mr. Johns thought it was unnecessary, they were not placed in the box.
The Bench said that under common law, poultry were liable to be killed if trespassing. The only question was if they were destroyed with unnecessary cruelty. He would, however, like to impress upon the parties in cases of this description that it was the duty of owners to keep poultry on their own premises, and not their neighbours duty to keep them out.
The cases were dismissed, with each side to pay their own costs.
Commentary on the court case:
So now we have it - the Kane v McAnally feud. At the time Mary Jane Kane was 37 years old from the 2nd marriage to Daniel Kane. Her stepchildren still at home were John 19, James 17, Daniel 16, Margaret 13, Patrick 11 and Uncle Ned aged 5. The two boys were James (Jimmy) Moyles aged 14 and Patrick (Paddy) Moyles aged 11. Catherine McAnally was married twice also, her first husband dying at aged 30 and her son from the second marriage referred to in the story was Andrew aged 1.
Catherine McAnally was 30 years old at the time and both seem to have a good sense of humour. Catherine McAnally was a very capable women and Mary Jane was well educated exemplified by her beautiful handwriting.
A wonderful piece of history.
Mary Jane (Stevens) Kane after 1890 inscribed and gave family album heirloom to her stepdaughter Margaret.
Catherine gave birth to 6 boys from the second marriage and 4 died in World War 1. An early boy died at age 19 in 1906 and the last surviving son Robert went to New Zealand and had a family.
The obvious barb from the Court Case refers to 'Mary Ann Cook'. It's an obvious play on 'Mary Jane' and Mary Ann Cook could have referred to lady with a dubious reputation. Mary Ann Cook was one of 150 convicts transported on the Cadet, 10 November 1848. Not a flattering reference to the convict background with obvious reference to Mary Jane.
With the difficulty of marrying Daniel Kane 18 years older and by all accounts a dour individual, the loneliness of missing her family back in Western Australia and the ridicule associated with the ‘Turkey Case' which was the ‘last straw', she seems to have fled Coleraine leaving her 6 year old son and stepchildren behind.
TURKEY FEUD PUT TO REST
On Anzac Day a large number of people attended the Dawn Service in Coleraine to remember the 53 Serviceman from the local area who gave their lives in World War 1.
Rob McAnally, from Alice Springs, was there to pay respects to four great uncles from his family who were all brothers and made the ultimate sacrifice. Also Brian Kane flew down from Broome Western Australia to remember his great uncle, John Kane, who died at Gallipoli in July 1915.
As an aside, Rob and Brian were able to shake hands and put to rest a ‘Turkey feud’ that had flared between their families and was taken to Court in Coleraine 125 years ago. The families were neighbours at that time and it seems that there were issues with domestic animals straying onto each other’s land.
Rob had previously visited Coleraine 3 years ago and when his dog recognised a local Kane personality, he preceded to relieve himself on his leg. According to Rob, ‘he had never done that before and never did it since’.
So, it’s good now to let bygones be bygones and move on.
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BK receiving the Turkey ‘peace offering' from Rob McAnally April 15 th 2015 |
Mary Jane Rickey was born: 9th May 1853 on the shipping vessel ‘Robert Small' en route to Australia.
Mary Jane Stevens was married on Sept 22nd 1885 to Daniel Kane at St. Mary's Church Hamilton. Mary Jane was widowed in 1882 having one surviving child and 2 had previously died. She was a housekeeper in Coleraine. Mary Jane's parents were Walter Rickey and mother was Maria Kennedy. Mary Jane had beautiful handwriting and we can assume had a good education
Daniel Kane was widowed in 1881. Previously he was illiterate but by the time of his second marriage he could write his own name reasonably well.
At the time of their marriage Daniel was aged 50 and Mary Jane was 32.
David (Ned) was born 8/8/1886
The great turkey feud court case occurred in June 1890. In 1890 Ned was 5 years old and his stepsister Margaret was 13 and they lived in a large weather board house on the Tarrenlea Rd – later claimed by a bushfire in 1954. Even though the family Bible was inscribed with the name ‘Margret' – this is the wrong spelling. Is was not written by Daniel's first wife Johanna as she was illiterate. The correct spelling is Margaret which she signed in her own handwriting in letters which I have.
Mary Jane disappeared sometime after that.
Ned once spoke Vin Kane's mother Catherine ‘Kitty' Gleeson . He told her that he had a sister and then burst into tears. Most likely he was referring to Margaret who died June 12 th 1927 aged 51. He would have been very close to her as she raised him up once his mother ‘cleared out'. Ned was about 40 when his half-sister Margaret died.
Mary Jane Kane would have been around 38 when she left Coleraine.
HOMEWORK : It seemed that Margaret died in Sunbury which was noted for it's large Mental Hospital predating Ararat. This could be clarified by obtaining the death certificate of Margaret Kane.
SO IN SUMMARY:
Mary Jane Rickey/Stevens/Kane/Jenkins (1853-1915)
Father and mother
Walter William Rickey (1808-1875)
Born in the Parish of Knockbride, County Cavan near the border of Northern Ireland.
Occupation in Ireland - Soldier in the 63rd Regiment which was stationed in Ireland but was called upon to engage in military operations in Europe etc.
Walter at age 41, married Mariye (Maria) Kennedy (10 th Nov 1830-1917) at Dernakesh Drumgoon about 20 km north east of Cavan on 16th April 1849 at the age of only 19.
EPG on convict ship with family. Worked Stirling Rd, Claremont. Posted to York as one of six guards in 1854 & granted land & developed house in Poole St, York. Appointed Special Constable. Died 29/4/1875 at the age of 67. Buried in Pioneer Cemetery, now sports ground in York. Maria Kennedy died 22nd Jan 1917 aged 86.
Raised 11 children.
Mary Jane Rickey (2nd born child)
Born on the voyage between Portsmouth England and Fremantle Australia at Sulawesi Tengah Indonesia.
Arrived on the ship ‘Robert Small' at Fremantle WA Australia on 16/8/1853
1855 the family settled at York
Married on 25 th Jan 1869 at the age of 15 to John Stevens (occupation foreman) aged 44 (born 1825 Hadleigh Suffolk England – died 29 th August 1902 Aged 77).
Children
James born 27th October 1869 (exactly 9 months after the wedding day)
BIRTH CERTIFICATE OF JAMES STEVENS 27th October 1869
Frederick (1871- 10 th Dec 1949) at Beverley – 6 children
Martha 1873
Walter John 1875
Henry Joseph 1877
Approximately 6 years later in 1883 at the age of 30, Mary left her husband and children behind in Western Australia and went by ship to Victoria. She had been married at 15 years of age and had 5 children. When she decided to leave WA, her husband John was 58 and her children were aged 14, 12, 10, 8 and 6.
2 nd Marriage of Mary Jane Rickey to Daniel Kane 10 th October 1885 in a Catholic Church in Hamilton Victoria. ( Daniel was aged 50 and Mary Jane was 32). Marriage certificate states Mary Jane's children as 1 living and 2 dead and being a widow in 1882. This is clearly inconsistent to Mary Jane's death certificate in 1915 where the children from her first marriage were all still alive: James (45), Frederick (43), Martha (41), Walter John (39) and Henry Joseph (37). Clearly from the marriage certificate her stated age of 32 is correct and the record of her parents is also correct.
Birth of Edward David Kane (6 th August 1886).
Minor court case of a ‘turkey feud' between Mary Jane and her neighbour in June 1890.
It is assumed that very soon after the ‘Turkey Stoush', Mary Jane left her five year old son, ‘Ned', and her stepchildren at Coleraine with Daniel and returned to Western Australia.
Death of first husband John Stevens on 29 th Aug 1902 aged 57.
3 rd Marriage of Mary Jane Kane aged 50 to Robert H Jenkins in 1903 in Subiaco.
Death of Daniel Kane 30 th Dec 1909
Death of Mary Jane Jenkins at ‘Home of Peace' Subiaco WA on 9 th May 1915. Cause of death Carcinoma of Uterus and exhaustion over the last 2 years. Buried Wesleyan Cemetery Fremantle.
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Mary Jane Rickey/Stevens/Kane/Jenkins (Photo 1885 aged 32) |
Whosoever, being married, marries another person during the life of the former spouse (including husband or wife), shall be liable to imprisonment for seven years--
Provided that no person shall be convicted under this section whose spouse (including 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 .
Editorial note : See Marriage Act 1961 (Commonwealth), section 94.
Whosoever being married goes through the form or ceremony of marriage with any other person during the life of her or his husband or wife, shall be guilty of an indictable offence, and shall be liable to level 6 imprisonment (5 years maximum). Nothing in this section contained shall extend to any person going through the form or ceremony of marriage as aforesaid whose husband or wife has been continually absent from such person for the space of seven years then last past and has not been known by such person to be living within that time; or shall extend to any person who at the time of her or his going through such form or ceremony of marriage has been divorced from the bond of the marriage; or to any person whose marriage at such time has been declared void by the sentence of any court of competent jurisdiction.
Mary Jane (Stevens/Kane) Jenkins (1853-1915) spent the last 2 years of her life at "Home of Peace" in Subiaco. The ‘Home of Peace for the Dying and Incurable' was founded in 1901.
Walter William Rickey father of Mary Jane:
RICKEY ASSOCIATION UPDATED WITH DANIEL KANE'S 2ND MARRIAGE
MARY JANE 1ST WEDDING TO JOHN STEVENS CERTIFICATE
1st marriage 26 Jan 1869 to John Stevens.
He was a labourer as was his father James.
INTERESTINGLY HE WAS A WIDOWER.
Age stated for John Stevens above 21 - IN FACT HE WAS 46 (also stated on the death certificate of Mary Jane)
Age stated for Mary Jane under 21 - IN FACT SHE WAS 15.
The first child James (named after John's father) born 27th October 1869 (exactly 9 months to the day after the wedding).
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Wesley Uniting Church York Western Australia Built 1888. The first Church on the right was built in 1853 but was too small so it was used for Sunday school classes. Mary Jane was married here in 1869. |
JOHN STEVENS DEATH CERTIFICATE 1902
John Stevens - Drowning having committed suicide while temporarily insane
A Catholic could marry a Protestant around in the late 1880's if the Protestant promised that the children of the marriage were brought up Catholic.
MARY JANE 3RD MARRIAGE TO ROBERT HENRY JENKINS
3rd marriage to Robert Henry Jenkins. THEY LIVED IN THE SAME STREET: Glyde St East Fremantle
Robert was 4 years younger than Mary Jane. MARY JANE WAS A NURSE AT THE TIME MARY JANE STATED SHE WAS WIDOWED BUT SHE HAD A HUSBAND LIVING IN VICTORIA: DANIEL KANE WIDOWED (date unknown) BUT HER FIRST HUSBAND DIED EXACTLY 1 YEAR BEFORE. SO IF YOU KNEW SHE WAS A WIDOW HOW DID SHE NOT KNOW THE DATE SHE WAS WIDOWED? HER 3RD HUSBAND WAS A BUTCHER.
ROBERT H. JENKINS DEATH CERTIFICATE 1912
MARY JANE'S DEATH CERTIFICATE 1915