Catherine Thirza Gay

(1875 - )
     Catherine Thirza Gay was born in 1875 in Yarram, Victoria, Australia.
     Catherine Thirza Gay married David Turnbull MacKenzie, son of Donald Thomson MacKenzie and Mary Ann Hodgson, on 12 June 1897 in Holt's Matrimonial Agency, Melbourne, Victoria. His father's will made it clear that she or her children were not to inherit any McKenzie estate.. Catherine was granted a divorce from David Turnbull MacKenzie between 14 Feb- May 1908 in Victoria. David Turnbull McKenzie, Petitioner, against, Catherine Thirza McKenzie, respondent.
I David Turnbull McKenzie of Won Wron in the State of Victoria, Dairy Farmer, make oath and say as follows :-
1. That I am the above-named petitioner.
2. That I was on the 12th day of June 1897 lawfully married to the above-named Respondent CATHERINE THIRZA McKENZIE (then Catherine Thirza Gay) at Holts Matrimonial Agency, Queen Street, Melbourne in the State of Victoria by the Rev. Samuel Alexander Hamilton.
3. That I was born at Port Albert in the said State on the 29th day of September 1872 and am now of the age of thirty-five years and am now and have been for two years and upwards domiciled in the State of Victoria.
4. The said Respondent as I verily believe was born at North Devon in the said State and to the best of my knowledge information and belief is now of the age of thirty-two years and is now and has been for two years and upwards domiciled in the State of Victoria and except as aforesaid I am unable to swear from information belief or otherwise.
5. My condition of life before my said marriage was that of a bachelor and a farmer and farm labourer and my means of livelihood both before and after marriage were derived from my earnings as a farmer and farm labourer. The condition of life of the Respondent before marriage was that of a spinster employed at Moonee Ponds in the said State as a domestic servant and her means of livelihood before marriage were derived from her earnings as such and since the said marriage to the best of my knowledge information and belief her means of livelihood were derived from payments made by me and my father and from earnings as a domestic servant and waitress.
6. THAT there has been issue of the marriage, one child Daisy Victoria McKenzie who was born at the Women's Hospital Melbourne on the 21st day of July 1897 as I was informed by the said Respondent and verily believe.
7. Immediately after the said marriage I went to New South Wales without cohabiting with the Respondent and remained there at work at various places for about twelve months when I returned to my parents home at Won Wron aforesaid where I continued to reside and work until the month of July 1899. At intervals during the above period I sent part of my earnings to the Respondent but did not cohabit with her at all during such period.
8. In the month of July 1899 I met with a severe accident being picked up on the road in Yarram Yarram in the State aforesaid where my horse had fallen with me and to all appearances kicked my head in getting up - I lay for four weeks in Yarram Yarram aforesaid and was them taken to Melbourne hospital where the operation of trephining was performed by Dr. Fred Bird and I was able to return to my parents home in the month of October 1899 but was utterly unable to work or earn my living in any manner.
9. On the 30th day of November 1899 the Respondent proceeded against me in the Court of Petty Sessions at Carlton for the maintenance of herself and our child and the case was adjourned from time to time - chiefly in order to give me time to become well and able to earn my living and finally on the 12th day of June 1900 the case was withdrawn by the Respondents solicitor.
10. THAT whilst the said case was on during the months of January and March in 1900 I cohabited twice with the Respondent in Melbourne aforesaid during two of my visits to defend such case and after such month of March cohabitation finally ceased between us.
11. Immediately after the said case had been withdrawn, my father in order that I might have an opportunity of becoming well and strong, agreed to pay the Respondent through her solicitor the sum of ten shillings weekly or twelve months from the said month of June 1900 and such weekly sum was, I am informed and verily believe, duly paid up to the month of February 1901.
12. In the said month of February 1901 I, having become well, enlisted in the Scotch Horse to serve in South Africa and whilst in camp near Melbourne awaiting to embark, I was arrested on the complaint of the said Respondent for desertion and confined in the Melbourne Gaol for a short time and was only released when my father agreed to pay to the Respondent through her said solicitor the weekly sum of ten shillings for three years, terminating on the 15th day of February 1904 - and I am informed and verily believe that such payments were regularly made up to the said last mentioned date.
13. That early in the year 1903 the said Respondent came to Won Wron aforesaid to consult me about the adoption of the said child and I then asked her to come back and live with me informing her that I would provide a home for her when she refused and returned to Melbourne. A few weeks later I wrote to the Respondent again offering to provide a home for her and the child and received a reply a few days later in the Respondents own handwriting refusing my offer and saying she could never live with me. I again wrote about a week later making the same offer and urging the said Respondent to accept it and come live with me but did not receive any reply - thereto I am able to fix the date as in the year 1903 as it was some months before the last payment as aforesaid fell due in the month of February 1904.
14. In the year 1906 the Respondent again wrote to me and I proceeded to Melbourne to see her and again requested her to come and live with me and stated to her that as under an arrangement with my father I was now using part of his property and residing in the house built thereon and if she would come to me we could get along well and let all bygones be bygones but the Respondent again distinctly refused my said offer and took me to her Solicitor who examined me closely (and as I thought impertinently) as to my means and ability to carry out my desire.
15. In the month of May 1907 the respondent again came to see me and asked me to pay her something to keep the child and I replied "I will take you and the child if you will come" to which she answered "I will never live with you, I only want money to keep the child" and I said, "I will take the child and see that she is brought up properly". The Respondent did not reply but after striking me, ran away. I met her several times after, each time making the same offer which she invariably refused and asked for money for the child and finally informed me that she would ruin me and returned to Melbourne where she is employed at the United Service Club Hotel in Collins Street.
16. That on the 2nd day of July last, the Respondent issued a summons against me under the Marriage Act 1890 for the maintenance of the said child which said Summons was by consent of the parties struck out on the 31st July last on my promising to pay to the Respondent for the maintenance and support of the said child the sum of twelve shillings and sixpence a week during the months of October, November, December, January, February and March and the sum of ten shillings a week during the months of April, May, June, July, August and September in each and every year until such child should attain the age of sixteen years, such payments to be payable every four weeks in advance, the first to be made on the 24th day of July last, and on the 13th day of September 1907 I executed an agreement with the Respondent binding myself to carry out the aforesaid arrangement - and allowing her the sole custody and control of the said child and have since the said 24th day of July last, duly paid the monthly payments to the Respondent in pursuance of the said agreement.
17. That I have instituted these proceedings without any unnecessary delay.
18. That the above-named Respondent, Catherine Thirza McKenzie, has without just cause or excuse wilfully deserted me this deponent and without any such cause or excuse left me so continuously so deserted during three years and upwards namely from the month of February 1904 to the time of making this affidavit.
19. Save as aforesaid there have been no separation or separations and no deed or separation has ever been executed between me and the Respondent.
20. That I distinctly and unequivocally deny all collusion or connivance past or present directly or indirectly with the Respondent or with any person liable to be made Respondent.
Sworn at Yarram Yarram in the State of Victoria this 25th day of October 1907 before me, F F Hall. A Commissioner of the Supreme Court of the State of Victoria for taking Affidavits.
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Child of Catherine Thirza Gay and David Turnbull MacKenzie

Daisy Victoria MacKenzie

(21 July 1897 - )
     Daisy Victoria MacKenzie was born on 21 July 1897 in the Women's Hospital, Carlton, Victoria. She was born six weeks after their marriage. Her marrige or death have not been identified.. She was the daughter of David Turnbull MacKenzie and Catherine Thirza Gay.

George Kirk

(2 August 1820 - 12 February 1882)
     George Kirk was christened on 2 August 1820 in Rotherham, Yorkshire, England. He was the son of George Kirk and Martha Wing.
     George Kirk were sponsored in December 1839 at Victoria, by an unknown person ..
     George Kirk married Ann Marshall before 1844.
     George Kirk married secondly Elizabeth Wippell in 1847 in Melbourne, Victoria.
     George died on 12 February 1882 in South Yarra, Victoria, aged 61. Arrived Port Phillip Dec 1839; worked in various capacities in the bush until 1845; became one of largest butchers in Melbourne; with a partner, took over the Victoria Tannery on the Yarra 1850-1855; became a stock and station agent with firm of Row & Co., eventually George Kirk & Company until 1866; had large squatting interests outside Vic. His daughter Eliza Rowden married Walter Russell Hall and established a trust of £1,000,000 for philanthropic purposes..

Child of George Kirk and Ann Marshall

Children of George Kirk and Elizabeth Wippell