Last week, our focus shifted to Mary Dore, the second of the Dore sisters, who entered into matrimony with Peter McCluskey, an early Myrniong farmer loaded with idiosyncrasies. In this week’s narrative, we delve further into the accounts of history.
Peter McCluskey resettled on his farm at Rosehill, Myrniong, dedicating his efforts to raising shorn ewes and lambs for market. Alongside him stood his brother-in-law, William Dunbar Snr. Peter sold his fenced and improved acreage in the celebrated Pentland Hills, advertised as a parcel of land renowned as the “finest agricultural expanse in the colony”.
Yet, the tides of fate took a sudden turn in March 1881, as Peter McCluskey faced the grievous charge of Bigamy—a transgression both unforgivable and typically avoidable, entailing the simultaneous marriage to two individuals. He was arrested by the Bacchus Marsh AND Myrniong police, securing his bail release with a sum totaling £300 along with a further two sureties amounting to £100 each. Within the month, he relinquished his role as Justice of the Peace, preparing for his impending court battle.
The ensuing courtroom drama featured a pivotal testimony from Mrs. Margaret Inglis, a resident of Ingleston, Ballan. She identified the accused, Peter McCluskey’s wife, as Mary Dore—a servant under her employ. Mrs. Inglis elaborated on the nuptials of Mary Dore and Peter McCluskey, concecrated around April 1856 by Roman Catholic priest Father Clinnick in Ballan. The matrimonial ceremony was spoken in both English and Latin. Among the witnesses at the church were several of Mrs. Inglis’ employees, including Michael Egan, John Clare, and James Cameron. This marital bond endured until March 1880, when Mary, his wife, was reported as being “partly abandoned” (whatever that means...).
The prosecutor, Mr. Finlayson, furnished evidence that Peter McCluskey married Anne Farrell in a ceremony conducted by Father Meade at St. Patrick’s Cathedral, Ballarat, on 15 March 1881. Peter asserted that his former wife, Mary, had passed away 6 months’ earlier. (Mary McCluskey, was present in court, exhibiting, understandable, emotional strain throughout the hearing.)
Throughout the legal proceedings, the question of the legality of Mary and Peter’s marriage loomed large. Ample evidence was introduced attesting to their “holy matrimony”, including testimony from their nephew, William Dunbar Jnr., who had resided with them from 1860 to 1872. Curiously, Detective Hyland had obtained a marriage certificate that mysteriously vanished before the trial concluded. Another witness, a Ballarat miner, attested to his acquaintance with Peter since 1853 and “Mrs. McCluskey” (Mary) since 1855.
Numerous instances were presented wherein Peter and Mary assumed the roles of “husband and wife”, spanning locales such as the Southern Cross Hotel in Sandridge, the manager of the Bacchus Marsh National Bank, and George Lane, a part-proprietor of the Bacchus Marsh Express Newspaper.
As the court case progressed, details of Peter’s second marriage emerged, suggesting it had occurred during a “drunken spree”.
Ultimately, Peter was found guilty of bigamy, with the defense’s argument of being incapacitated by alcohol during the second marriage falling on deaf ears. He received a sentence of two years’ imprisonment with hard labor at the Williamstown Gaol.
A week after his court hearing, an appeal to reduce Peter’s sentence reached the government, citing his intoxication during his second wedding ceremony as grounds for leniency. However, Crown Law officers advised against granting the appeal, highlighting that this defense had not been presented during the court proceedings, as the Defence were primarily relying on the claim of the first marriage’s invalidity. The sentence was upheld.
Next week, we conclude the tale which combines prosperity, success and a touch of sadness.
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