Nelson Eliza Ann1843 - 1921 (78 years)
Name Nelson Eliza Ann Born 21 Jan 1843 Saint Peter's, Dorchester, Dorsetshire, England  Gender Female Census 1851 ,Lytchett Matravers, Dorsetshire, England 
- Elizabet Nelson Daughter 8 abt 1843 Female Dorchester Dorset England
Immigration Dec 1852 ,,Victoria,Australia
- Ship - Bombay
Residence 7 Jun 1861 Fife Street,Collingwood,Victoria,Australia  FACT 1874  Sues in court
- Eliza sues James for assault. Case dismissed. They are living apart at this time.
Name Eliza Ann Elms Name Eliza Jane Nelson Died 18 Nov 1921 96 Ramsden Street,Clifton Hill,Victoria,Australia [5, 6, 7] Cause: Arterio sclerosis, gangrene of leg, heart failure. Buried 19 Nov 1921 New Melbourne Cemetery,,Victoria,Australia 
- Grave R. C. G***2643
- Signed name - could write
- This may be Eliza:
AN AFFILIATION CASE.
' A remarkable caso of this nature was heard
¡ yeBterdayat the East Collingwood police-court,
I before the Hon. Mr. Vaughan ' and Mr.
Thomas. The complainant was a Miss Eliza.
I Kelson, and the defondant one Patrick M'Carthy, I late a car-driver, who had been brought down, | .under warrant, from Bacchus Marsh, at tho ap-
plication of the complainant. Mr. John Ed- wards appeared for the defendant. The evidence [ -was as follows :
Eliza NelBon, sworn.-I have been at service, and since that living with my mother, but am not i doing so now. I have known M'Carthy for mora I than threo years. He is the father of the child.I > hold in my arms. I asked him what he intended
to do for it. He told mo he would marry me ; but after that ho went away. He promised mo / marriage over so many times before ho becamo I tho father of my child. .
i Cross-examined by Mr. Edwards.-It. was
! in consequence of his promises of marriage ' that I was seduced. I cannot tell hoy/ i long ago that was, but I remember the 6th
j of May last year, when he promised to I marry me. (Witness described how on that day I sho consented to defendant's wishes.) Ho pro I mised me marriage two years ago, and again a i month ago. I have seen one Pat Delany, but
not for two years. I don't know what ho was. I know Billy Cartlego, but he went up the bush 12 months since. My child is six months old. I know Nick the blacksmith, but only by seeing him with Pat. I never allowed any one of them to take liberties with me, nor have I gone with thom, to the burying-ground. (Witness nere described the several occasions on .'which BIIO had been
i intimate with tho defendant.) Tho first time
was two and a half years ago, when I was only 14 years old. I am now IG and a half. He has asked my mother's consent to marry ma. I have boon living with somo cousins on tho Plenty-road, and it was there my child was born. I was living with my mother on tho 6th of May, 1859, nnd I nover saw the defendant afterwards
till about two months before I was confined, no promised then to como and seo me again, but h 1 never did till July last. I took out the summons at the advice of my friends. No one but the defendant was ever improperly intimate wit'a
Mrs. Borders deposed-to having seen defendant in conversation with Miss Nelson on the 10th of
July last, and again on the 15th July. About threo years ago she saw them togethor in a butcher's shop. She had always believed Miss Nelson to bo most respectable
Mrs. Elizabeth Nelson, sworn.-I am the mother of the girl. I havo known the defendant to havo been paying attentions to my daughter for tho last threo years.- Ho promised to marry
J her, and asked my consent. Tho day was fixed.
i That was about a year and a half ago. I did not I know that anything improper was going on till j the child was born. I saw the defendant on the
lGth of July last. He called at my houso, and I asked for Eliza. I said, " You know what is up ; I j ou know you havo a child." He said, " Yes, I am. j going to seo her." I said, " You know what you
have to do for that child." Ho said, " It's all right."
CroBs-examined by Mr. Edwards.-I know they were fond of each othor, and I gavo my consent because I know it would make no difference. I knew my daughter was so young that whether I gave my consent or not I thought it would bo all tho same. I never knew my daughter to bo flighty. I know what you mean. She has been a good girl. Sho has boon getting her own living ever since BIIO was 11 years old. Defendant 1 never told me ho thought her conduct improper.
1 I don't know thnt ho is married. I don't believe I ho in. I said plainly to him, " You know what ¡ you havo to do for tho child," and he said, " It's ! all right."
| Mr. Edwards said his client denied over having I Leen improperly intimato with tho complainant. Ho (Mr. Edwards) had warned his client to speak only the truth, but ho still adhered to his story.
Macarthy was thon sworn.
Mr. Thomas.-Now, mind you have sworn to tell the truth. _ Don't forget what the conse- quence of a lie will bo.
Macarthy.-I know. It is three years ago since I first know the girl. I fell in love with her, and promised to marry hor. That was broken off two and a half years ago, because sho went about with Bill Cartridge and Pat Delany, and Ned the blacksmith. I told her of this, and the match was broken off. I havo been married myself two years and five months. I was nover on any occasion improperly intimate with that girl. I i ried to bo once, butBho refused. (Witness here denied that he had been with the girl at tho several places she had indicated. )
Mr. Thomas (to the complainant).-Now, my girl, do you wish to ask tho witness anything?
Miss Nelson.-Yes, sir. Oh, Pat,'eau you look mein the faoe, and say what you havo said 1
Macarthy (in a low tone of voice),-Yes, I can. The lion. Mr. Vaughan.-Was there no ono present at any interview ?
Mrs. Nelson.-You nover denied it to me.
Macarthy (to Mr. Edwards).-I went down to Mrs. Nelson's last July, and asked for Eliza. Mrs. Nelson said, " You know that Eliza has had
a child by you." %I said, " AU right." I Said " all right because I had been told of the ohild before. I went thoro to seo how it was that tho child was fathered on mo. I have taken her to St. Kilda and Williamstown, and to Richmond, in my cub, and'the like of that. I kept company avith her for 12 months. I positively swear I had nothing to do with her.
Miss Nelson.-No, no. Oh, how can you?
Macarthy (to Mrs. Nelson).-You nover said nothing to mo about keeping the child. My mother told mo you was fathering the child on ino, and I came to see about it.
This concluded the case.
Mr. Edwards submitted that the 8th section of No. 4 Viet. 5, which was as follows, " Provided that no man may bo taken to bo tho fathor of any illegitimate child upon the oath of the mother only," clearly placed it out of the power
of tho bench to make an ordor. In this case the girl was tho only witness.
Mrs. Nelson.-But ho owned it to me.
The lion. Mr. Vaughan.-Wo are satisfied that you aro right, Mr. Edwards. There is no evidence hero except that of the mother of the child. There must havo beon fearful perjury on one side or the othor, but tho bench docs not know on which. The case is dismissed. In dismissing tho case, the bench wish to remark that thoro have been some strictures in one of the loading journals, reflecting on the decision arrived at by the benoh in tho case of Brittor. The reasons which influenced the bench to name tho low Bum of 10s. per weok wore, that the complainant ac- knowledged to having had a child four yoars before sho had this. If thoy had ordered pay- ment'of a larger sum it would have offered a premium to bastardy.
Fix t 
Person ID I31 GeniAus Family Tree Last Modified 15 Mar 2021
Father Nelson Frederick William, b. Bef 31 Jan 1818, ,Piddlekuster,Dorset,England , d. 21 Nov 1852, Ship Bombay,,At sea (Age > 34 years) Mother Lockett Elizabeth Wright, b. 1818, ,Dorchester, Dorsetshire, England , d. 13 Oct 1882, 73 St David Street,Fitzroy,Victoria,Australia (Age 64 years) Married 1840 ,Dorchester, Dorsetshire, England Family ID F40 Group Sheet | Family Chart
Family Elms Joseph Benjamin, b. 15 Jan 1831, ,Poplar, Middlesex, England , d. Bef 18 Nov 1921 (Age < 90 years) Married 7 May 1861 St Peters Church of England Eastern Hill,Melbourne,Victoria,Australia [3, 9]
- Conducted by James Gilbertson in the presence of G. T. ? and Elizabeth Nelson
- Eliza sues James for assault. Case dismissed. They are living apart at this time. 
Children 1. Elms Joseph Benjamin, b. 1861, ,,Victoria,Australia , d. 1862, ,,Victoria,Australia (Age 1 years) 2. Elms Emma Jane, b. Bef 1863, d. Bef 1921 (Age < 58 years) 3. Elms Ann Elizabeth, b. 1863, ,,Victoria,Australia , d. 1926, ,,Victoria,Australia (Age 63 years) 4. Elms Eliza Ann, b. 18 Sep 1864, Rupert Street,East Collingwood,Victoria,Australia , d. 29 May 1941, 22 Eurella Street, Burwood, NSW,Australia (Age 76 years) 5. Elms Alfred William Stout, b. 1866, ,,Victoria,Australia , d. 5 May 1928, ,,Victoria,Australia (Age 62 years) 6. Elms Joseph, b. 1867, ,,Victoria,Australia 7. Elms Edward James, b. Abt 1868, ,,Victoria,Australia , d. Mar 1922, ,,Victoria,Australia (Age ~ 54 years) 8. Elms Frederick Benjamin, b. 1869, ,,Victoria,Australia , d. 6 May 1958, ,,Victoria,Australia (Age 89 years) 9. Elms Alice Mary, b. 6 Feb 1871, ,,Victoria,Australia 10. Elms Thomas Hocking, b. 1873, ,,Victoria,Australia , d. 6 Sep 1954, 33 Williams Street, Abbotsford, Victoria,Australia (Age 81 years) 11. Elms Lydia Sarah Florence, b. 1875, ,,Victoria,Australia , d. 1896, ,,Victoria,Australia (Age 21 years) Last Modified 15 Mar 2021 Family ID F38 Group Sheet | Family Chart
Event Map = Link to Google Earth
- [S23] Birth Certificate.
- [S38] 1851 English Census, Dorset > Lytchett Matravers > District 3a > Page 3.
- [S19] Marriage Certificate.
- [S60] The Argus (Melboourne), 1 4 1874.
- [S24] Death Certificate.
- [S57] Victorian BDMs, Reg. C. Hill 1921 13525. Aged 83. .
- [S2833] The Age (Melbourne), 19 November 1921 p7.
ELMS, — On the I8th November, at 93 Ramsden-
street, Clifton Hill, Eliza Ann, relict of the late
Joseph Elms; dearly loved mother of Ann Eliza
beth Brown, 30 Council-street Clifton Hill; grand
mother of Thomas, Ethel, Arthur, Daisy, Walter,
Lily, Leslie, Horace, Francis, Harold; great grand
ma of Leonard, Annie, Lawrie, Mavis, Allan, Ray
mond, Eric, Doris, Alma, William, Ettie, Arthur,
Gladys, Edna, Romie, Wallace and Marjory, aged
ELMS. — On the 18th November, at Ramsden-
street, Clifton Hill, Eliza Ann, relict of the late
Joseph, beloved mother of Fredrick, grandmother of
Denis, Catherine, Fredrick, Veronica, Lorenzo,
Bernardine, Gertrude, Matthew and Patricia; great
grandma of Vera, Percy, Gladstone, Allan and
Kathleen, Clarke, Lawrence, Kevin Elms and Freddy
Elms, aged 83 years. Rest in peace.
— Inserted by Fredrick and Annie Elms, 189
- [S60] The Argus (Melboourne), Saturday 18 August 1860 Page 5.
- [S48] Ancestry.co.uk, Description: Series 02, Register 1861-1863; Reference Number: M2/7.
Name: Joseph Elms
Birth Year: abt 1831
Record Type: Marriage
Event Date: 7 May 1861
Event Place: Melbourne, Bourke, Victoria, Australia
Spouse: Eliza Ann Nelson
Spouse Gender: Female
Spouse Age: 18
Father: Benjamin John Elms
Mother: Ann Jones
Spouse Father: Frederick William Nelson
Spouse Mother: Elizabeth Lockett
Parish as it Appears: St Peter
Parish or Mission: St Peter's Eastern Hill
- [S23] Birth Certificate.