Horace WIRTH [Horace OAKLEY]

1877 - 1959  (82 years)

• Name	Horace WIRTH
  Known As	Horace OAKLEY
  Birth	1877	Portland, Victoria, Australia   [1]
  Gender	Male
  Occupation	1903  [2]
  	Labourer, Portland, Victoria
  Death	07 Jul 1959	Portland, Victoria, Australia   [1, 3]
  Burial	Portland, Victoria, Australia   [4]
  Person ID	I17581	NZ Genealogy Project
  Last Modified	14 Aug 2020

  
  

  Father	Johann Nicolaus WIRTH [Nicolaus],   b. 27 Jul 1833, Rothselberg, Rhine-Westphalia, Germany d. Aft 1898 (Age 65 years)
  Mother	Eliza EVANS,   b. 1838, Tooting, Surrey, England d. 23 Mar 1890, Portland, Victoria, Australia (Age 52 years)
  Marriage	06 Jun 1858	Geelong, Victoria, Australia   [1, 5, 6, 7]
  Family ID	F5887	Group Sheet  |  Family Chart

  
  

  Family	Elsie May Melinda NEWTON,   b. 1880   d. 29 Sep 1960, Albert Park, Victoria, Australia (Age 80 years)
  Marriage	16 Oct 1902	Victoria, Australia   [1]
  Children	1. Horace Roy OAKLEY,   b. 1903, Portland, Victoria, Australia d. 08 Oct 1984, Portland, Victoria, Australia (Age 81 years)   2. Pearl Elizabeth OAKLEY,   b. 1905, Cape Bridgewater, Victoria, Australia d. 30 Sep 1985, Portland, Victoria, Australia (Age 80 years)   3. Ivy May OAKLEY,   b. 1907, Portland, Victoria, Australia   4. Francis Owen OAKLEY,   b. 1913, Portland, Victoria, Australia d. 1963, Albert Park, Victoria, Australia (Age 50 years)
  Family ID	F5950	Group Sheet  |  Family Chart
  Last Modified	31 Dec 2024

  
  

• Event Map		Birth - 1877 - Portland, Victoria, Australia Marriage - 16 Oct 1902 - Victoria, Australia Death - 07 Jul 1959 - Portland, Victoria, Australia Burial - - Portland, Victoria, Australia  = Link to Google Earth
  Pin Legend	: Address       : Location       : City/Town       : County/Shire       : State/Province       : Country       : Not Set

  
  

• Notes

  BIOGRAPHY Horace Oakley was born in 1877 at Portland, Victoria, the son of Nicklaus and Eliza Wirth. Like his siblings, he used the surname Oakley after his mother remarried Thomas Oakley in 1883. Horace worked as a labourer and was an excellent axeman. He married Elsie May Melinda Newton in 1902, but it appears the marriage was not a happy one and the couple separated, with Elsie going to live and work in Melbourne while Horace continued to work and live in Portland. Horace died in Portland in 1959. The following articles from the Portland newspaper report Horace competing in chop competitions, an assault on his wife, and an accident. WOOD CHOPPING MATCH The match announced in our last to take place on Monday afternoon in the camping reserve, West Portland, duly came off. The attendance was not large, not many more than twenty persons being present. The logs to be operated on were cut from the one tree, and were as nearly as possible 18in. in diameter. The match was £1 aside, betwveen Messrs G. Gorton and Horace Oakley, Gorton being the challenger. Mr W. Heaney was appointed referee and timekeeper. At the word to go the two axes fell so near simultaneously that it was not possible to know which one actually struck the wood first. For a time it seemed there was little between the competitors, but Oakley's strokes were the most even and forceful, and soon the chunks began to fall out. Gorton seemed to have more difficulty with clearing his axe, but before even half the work had been accomplished Oakley had the match won, Gorton appearing short of work and wind. Oakley continued his task winning easily in 2 min. 8 sec., throughout displaying the qualities of a real good axeman, his cutting being much admired. Source: Portland Guardian, Victoria, Wednesday 29 Jan 1902, Page 2. PORTLAND POLICE COURT. Saturday, January 6. DOMESTIC INFELICITY. Elsie Oakley charged her husband, Horace Oakley, with assault. Mr. Fielding appeared for plaintiff, and Mr. Silvester for defendant, who pleaded not guilty. Mr. Fielding applied to have the charged altered from one of common assault to an aggravated assault, under section 60 of the Marriage Act. Should the application be granted it would be necessary to adjourn the case for the hearing of a police magistrate. Since the assault defendant had inserted an advertisement in the paper stating that he would not be responsible for his wife's debts. This did not show a repentant spirit, and it was necessary for them to protect his wife. If the court decided that it was not safe for her to live with him, he would have to provide for her separate maintenance. The bench decided to hear evidence. Mr. Fielding outlined the facts of the case. Elsie Oakley, the plaintiff, deposed - I am the wife of defendant, Horace Oakley. We were married by the Rev. A. R. Thompson, Baptist minister, at his residence, Portland, on the 10th of October, 1902. We have lived together ever since. We have two children, a boy aged 3 years, and a girl 13 months. We have had frequent quarrels. Lately we have been always quarrelling. One of the causes is jealousy on my husband's part. He accuses me of going with other men. I do absolutely nothing to cause him to be jealous. He has struck me several times, sometimes with his fist, and once with a stick. I do not drink. My husband does not drink. About a week before New Year's Day he told me he would take me to the Heywood races, and to my aunt, Mrs. Newton. On New Year's Day he said he would not take me. I said, "Never mind, we can go somewhere else." He agreed. When I got up on New Year's morning, about eight o'clock, he was not home, and the children and I had breakfast alone. Shortly afterwards he came in, and said he would not take me anywhere. I said I would take the children out by myself. He said he was going fishing. I was dressing the children, and was sitting at the table with one of them on my knee. My husband was sitting at the other end. He was looking after his fishing lines. He said he would take the child, and I said he should not. He then rushed round and caught hold of my arms and struck me in the eye. He then went out, calling at his sister's. I left home because I intended to leave him for good. He did not apologise to me. I did not speak to him after the assault. The only reason for his striking me was my saying that I was going to take the children. I did nothing to aggravate him. Cross-examined. - I have not a very bad temper. I get enraged, with my husband sometimes. Our matrimonial life has been unhappy. I remember throwing a cup at my husband, also a piece of cruet. I did it in self defence. My husband is a labouring man. He gets up early some mornings and gets his own meals, but I provide everything beforehand for him, and leave all ready for him, He was quite agreeable to this arrangement. I do not remember his complaining that I kept the children dirty. I never threatened to poison him or the children. If I did so I don't remember it. We quarrelled on an average once a week. On Christmas night my husband came home at 12 o'clock. I did not accuse him of going with bad women, unless he first accused me of going with other men. That night he throw me out. I did threaten to throw something at him, but it was in self-defence. I have at times used bad language. On Christmas fortnight I did not say "Take your rotten kid out of this or I will drown it." Since the assault I have lived at a relative's at South Portland. I won't go back to live the same life again. He is cruel. I am not at all jealous, but when he accused me of being unfaithful I accused him. I always had his breakfast ready. He used to go at 5 a.m, when he was employed at the freezing works. I generally got up at 7 or 8. To Mr. Fielding - I provided for his morning meal. He had only to boil the kettle. I had a small child and required rest. Mr, Fielding asked the bench to decide whether the charge should be altered. The bench agreed that it was one of common assault only. Constable O'Donnoll deposed - On the afternoon of New Year's day the plaintiff and her uncle, Richard Newton, came to my place and complained that her husband had assaulted her. I took her to Sergeant Ferguson, and a warrant was issued against defendant. I proceeded to defendant's place at West Portland, but he was not there. Shortly after he came with his sister and brother-in-law. He said he hit her with his fist because she wanted to take the boy, whom he wanted to take with him. She nagged at him, and he struck her. Her eye was much swollen and black. Cross-examined - I know nothing against defendant. Richard Newton deposed that he met plaintiff on New Year's day. Her face was tied up. She said Horace had hit her, Her eye was blackened, and so swollen that only the corner could be seen. Mr. Silvestor addressed the bench, contending that defendant had received gross provocation. Horace Oakley deposed on oath - We were married two years before any serious quarrel took place. The only cause I had for growling was that she did not look after me and my children. I never growled at her for any other reason. I complained that she neglected getting my meals. I prepared my own breakfast nine times out of ten. I also complained that she did not keep the children clean, but got no satisfaction. That was the cause of all our matrimonial unhappiness. In one of our quarrels she threw a cup at me, at another a cruet, at another a brush. At Bridgewater she threatened to poison me. A fortnight before Christmas the child was on the floor crying, and I asked her to pick it up, and she told me to take my rotten kid out of that or she would drown it. I then took it to my sister's. She struck me on several occasions; once with a stick, which I took from her and hit her back. On New Year's morning I got up at 7.30 and put the kettle on. I returned to the bedroom and asked her if she was going out. She said Yes. I went out and fed the pig and the mare and laid the breakfast. I went to plaintiff again, when she said she was not going out. I went to my sister's and came back. Plaintiff had one of the children on her knee. I said "If you are going to South Portland you will be too late." She said she was not going till the afternoon. I said "I will take you to your friends at South Portland and then go fishing at the boat harbour." She said that I would not mix up with her friends. I said the boy should go with me. She said, "If you take him I will split his head open and yours too." I said, "Elsie; no more cheek," but she repeated it over and over again till I struck her. She accused me of going with bad women. She has a violent temper. I would not live with her in the same house any more. On Christmas night she accused me of going after rotten women, and ???? strike me, and I threw her outside, and, she cooled down. Cross examined - Mr. Fielding: For two years your wife has been either in a delicate condition or nursing an infant? Defendant: She didn't seem very weak; I wouldn't want to lay in till half-past 8. I am a good deal of my time out of work, but don't loaf about the place. It is then my wife's duty to get my meals. I provided her with no help; I could not afford it. If I accused her of going with other men she returned the compliment with interest. On New Year's day I objected to her taking the boy with her. I did not want to take him fishing, but for a walk. Thomas Oakley, Charles Oakley and Mrs. Vickery (sister of defendant) gave unimportant evidence. The case being closed, the chairman (Mr. Long) said it was a pity the parties had thought it fit to wash their dirty linen in public. In all such cases there were faults on both sides. It would be far better for the two young people to make it up, exercise common sense, bear with each other, and not allow bickering to arise. When they found differences of temper they should try to make it up. Now that they had washed their dirty linen they should kiss each other, go home, and try to live happily. A good deal had been said about meals, but thousands of working men, particularly those with wives with babies, boiled their own kettle and thought nothing of it. Nor was the complaint that the children were dirty a sufficient excuse for a man to violently assault his wife. In fact it was disgraceful for an able-bodied man to raise a hand against his wife. The bench on the other hand had taken into account the irritation defendant had received from time to time. Fined £2, or 14 days' imprisonment, with £1 8s 6d costs. Mr. Campbell dissented from the opinion expressed by the chairman that it was a pity the case had been brought into court. Personally he thought it the proper place to seek redress. He agreed with the chairman that no man, if they could call such a one a man, should lift his hand to a woman. He held that plaintiff was perfectly right in seeking the protection of the court. The Mayor disavowed any sympathy with a man who had done such a thing. The fine was paid. Source: Portland Guardian, Victoria, Monday 8 Jan 1906, Page 3. PORTLAND RACE MEETING. Wood Chopping - Horace Oakley. 15 secs,. 1 : E. Dent, 25 secs., 2. Source: Portland Guardian, Victoria, Monday 16 Mar 1908, Page 4. Crushed by Log. Whilst assisting with the loading of logs for Mr. G. Hogan, Mr. Horace Oakley met with serious spinal injuries when one of the logs rolled on him. He is now in the Portland hospital. Source: Portland Guardian, Victoria, Monday 14 Oct 1940, Page 2. SURNAME WIRTH and OAKLEY According to the Victoria birth registrations, Eliza Evans and Nicolaus WIRTH had eleven children between 1859 and 1879. Eliza remarried in 1883, to Thomas OAKLEY, and indicated that Nicolaus had died in 1869 and there were two surviving children from the marriage. Her two eldest sons (Nicholas James and Thomas William aged 24 and 20 years) continued to use their father's surname. However the other seven living children (aged 16-5 years when she remarried) used the surname of their step-father, and when their marriage was registered they used the surname OAKLEY. No record of Nicolaus Wirth's death has been located yet, although he was sentenced for begging in 1898. It is possible that the father of some of the youngest children of Eliza Evans was Thomas Oakley. The surname OAKLEY has been used by genealogists, as evidenced by family trees published on ancestry.com. For example, the father of Alice Louisa OAKLEY (born 1873) is listed as Thomas OAKLEY in ten family trees. There are no family trees for Alice Louisa WIRTH (born 1873). I have used the surname WIRTH for all the children as this was the name registered at birth. I have also noted that the surname OAKLEY was used.

  
  

• Sources

  [S27] Victoria BDM Register, Victoria BDM Register, (Department for Victorian Communities, Melbourne, Australia), none. [S149] Australian Electoral Commission, Australia Electoral Rolls, 1903-1980, (Ancestry.com). [S1651] Tara P M Aitken (TaraPMAitken ), Ancestry.com - Public Member Tree - Aitken/Anderson Family Tree, (Ancestry.com). [S779] Find a Grave, (http://www.findagrave.com). [S1641] Bruce James (bruceJames16 ), Ancestry.com - Public Member Tree - James Family Tree, (Ancestry.com). [S1220] Birth Registration. [S1271] Marriage Registration. Married 6th June 1858 at the Lutheran Church, Geelong; Nicolaus Wirth, Bachelor, born Rothselberg, Bavaria, musician, age 26, resident of Geelong, parents Johannes Wirth, farmer and Catherine Gehm; Eliza Evans, spinster, born Surrey, England, age 21 years, resident of Geelong, parents James Evans, Laborer, and Elizabeth Horton.