Mary Elizabeth PARSELL [8488] ⁶⁶⁴¹

  General Notes:

No birth registration has been found.

Kyneton Guardian (Vic. : 1870 - 1880; 1914 - 1918) Thu 5 Oct 1916 Page 3 KYNETON COURT OF PETTY SESSIONS.
KYNETON COURT OF PETTY
SESSIONS
TUESDAY. OCTOBER 3, P.M.)
(Before Mr Bartold. P.M.)
Debt Case.
Alexander Murray proceeded By default summons against Charles Brothers for the recovery of£4/13/ for work and labor done, goods supplied and money paid. Defendant did not appear and had lodged no notice of intention to defend. Mr Frank Stevens, who appeared for plaintiff, stated that since the service of summons defendant had sent a money order for the amount of the account, but had been notified that it would not be accepted. An order for the amount, with 15/6 costs, was entered up.

Charge of Obscene Language.
A young man named Clement Browne was charged at the instigation of Constable Ruedi with using obscene language. Mr Frank Stevens appeared for defendant, who pleaded guilty. Sergeant Simmons prosecuted.

Mary Elizabeth Parsell, a young woman, deposed that she was a domestic servant at present residing in Jennings street, Kyneton. On September 25 she met accused coming out of Mrs McMillan's shop in Piper street. He said something in an undertone which witness could not hear.
She turned to him and said. "What did you say?" He then made use of an expression which was written on a piece of paper produced.

The scrap of paper was handed to the bench.

In reply to Mr Stevens, witness said she had not previously made any remark to accused. She was quite certain of that.

To Mr. Bartold: The occurrence took place about 5 o'clock in the evening. Accused was sober at the time.

Mr Stevens said he could only express regret on behalf of his client that the objectionable expression had been made use of. His client maintained that the girl had said something offensive to him first, and that he had merely retaliated by using the word complained about. There was no one but the girl within hearing at the time, so that no injury had been done to the general public, for whose protection that section of the act under which the information was laid had been framed. He asked the bench not to take too severe a view of the case, especially as the accused was a young man who had his future before him. He had been before the court previously for minor offences, such as neglect of military drill and tin-kettling. In connection with the latter, he had been cautioned by Mr Anderson, and had promised the latter that he would take the pledge, which he did.

He (Mr Stevens) suggested that accused be dealt with under the First Offenders Act or else that the case be adjourned during the period of accused's future good behaviour.

Mr Bartold: I could not possibly do that.

Mr Foster, C.P.S., read records of defendant's previous appearances before the court. On two occasions he had been ordered to Port Phillip fortress to put in time missed in his cadet drills. He had been once before the Children's Court and discharged on promising future good behaviour. He had also been once cautioned and discharged on a charge of drunkenness.

Mr Stevens said accused was very respectably connected in the town and his relatives, especially his mother, had taken this trouble deeply to heart. Mr Bartold said the fact that the word was not used in the hearing of the public was a mitigation of the offence to some extent. Still it was used to a girl, and was therefore cowardly. Had it been used to a man he would probably have retaliated, but a girl was unable to protect herself and had to put up with the insult. He had always been reluctant to punish young fellows when he considered they had acted thoughtlessly or on the spur of the moment, but this young man was only 18 and had previously been four times before the court. Every opportunity had been given him, but he failed to profit by leniency. He would be fined £2, with an alternative of 14 days' imprisonment. He hoped this would be a lesson to him, and that he would not come before the court again.

The Age (Melbourne, Vic. : 1854 - 1954) Thu 13 Apr 1933 Page 9 CLAIM FOR SLANDER.
CLAIM FOR SLANDER.
Woman Awarded Damages.
KYNETON, Wednesday At Kyneton County Court, before. Judge Moule and a jury of six, Mary Kerr, wife of Robert Albert Kerr, of Kyneton, laborer, proceeded against George Henderson, farmer,
Kyneton, claiming £249 for slander alleged to have been uttered in the presence of complainant's husband and two other men. The words complained of were such as to seriously reflect upon the moral character and chastity of Mrs. Kerr.

After evidence for the complainant had been given, Mr, Cornish - (for defendant) announced that he would not call evidence.

A verdict for the complainant, with £110 damages and costs, was returned. Mr. J. G. Mulvany (instructed by Mr. P. J. Ridgeway) appeared for the plaintiff.

The Argus (Melbourne, Vic. : 1848 - 1957) Thu 13 Apr 1933 Page 13 KYNETON COUNTY COURT.
KYNETON COUNTY COURT.
Women Succeed in Actions.
KYNETON. Wednesday - At the Kyneton County Court before Judge Moule and a jury of six. Mary Kerr, wife of Robert Albert Kerr, Labourer of Kyneton, claiming £249 for slander said to have been uttered in the presence of the plaintiff's husband and two other men. After evidence for Mrs Kerr had been given, Mr Cornish for Henderson, announced that he would not call evidence Judge Moule said that even if a woman had made a slip in life she was entitled to live it down. If the jury brought in a verdict giving Mrs Kerr nominal damage, a wrong construction would possibly be placed on it. A verdict was given for Mrs Kerr for £110 damages, with costs to be taxed. Mr J. F. Mulvany (instructed by Mr P. J. Ridgway) appeared for Mrs Kerr and Mr S M Cornish appeared for Henderson.

The Argus (Melbourne, Vic. : 1848 - 1957) Mon 24 Mar 1947 Page 19 Advertising
MARY ELIZABETH KERR, Late of Kyneton.
Widow. Deceased. - After 14 clear days Percy Edward Nuttall, of Kyneton, draper, the executor appointed by the deceased's will, dated the fifth . day of April, 1943, will APPLY to the Supreme Court of Victoria for a grant of PROBATE of the said WILL.
H. HURRY St SON, solicitors. Kyneton, and at Woodend and Gisborne.

The Argus (Melbourne, Vic. : 1848 - 1957) Mon 28 Apr 1947 Page 17 Advertising
CREDITORS, next of kin, and all others having CLAIMS against the estate of the undermentioned person are required to SEND PARTICULARS thereof to the executor, Percy Edward Nuttall. in the care of H. Hurry & Son, solicitors. Kyneton, on or before the 30th day of June, 1947, otherwise they may be excluded when the assets are being distributed.
Name.-MARY ELIZABETH KERR.
Usual Residence.-Kyneton.
Occupation or Other Description.-Widow.
Date of Death of Deceased.-15th February, 1947.
H. HURRY & SON. solicitors. Kyneton and at Woodend and Gisborne

Mary married Robert Albert KERR [8489] [MRIN: 2748] in 1924 in , Victoria, Australia.⁶⁶⁴⁰