Person:Arthur Nicholls (1)

Arthur Daniel Nicholls was born in 1871 at Wheathampstead in Hertfordshire. He was the son of a straw plaiter called Susan Warner and an agricultural labourer called Daniel William Nicholls. The 1871 census finds one month old baby Arthur living with his parents and siblings living at Nomansland in the parish of Wheathampstead. In June of that year, Arthur's mother died.

By the end of 1871, Arthur's father had married Maria Hornet, who was Susan's half-sister. She was therefore both aunt and stepmother to Arthur.

The 1881 census finds Arthur living with his father, stepmother and various siblings at Brewhouse Hill in Wheathampstead. Around the same time, Arthur's brother Jesse was emigrating to Australia, and through the 1880s several of his siblings would follow. On 22nd December 1888, Arthur and his sister Sarah followed their elder siblings, sailing on the 'Dorunda' from London to Maryborough in Queensland, arriving there on 18th February 1889.

Arthur's elder brother Frederick had married a Fanny Prickett in Queensland, but he had died in 1892, leaving Fanny a widow. On 7th August 1894, Arthur and Fanny were married at Maryborough. He thus became stepfather to her three children. They went on to have a further four children together between 1895 and 1905. Back in England, Arthur's father died in 1901.

Electoral registers show the family lived at Ferry Lane in Maryborough from at least 1905 to 1919 and that Arthur worked as a labourer. Fanny's son Arthur from her first marriage was killed in the First World War, fighting in the Somme area in France.

Some time between 1919 and 1925 the family moved within Maryborough to Bazaar Street. By 1931, Arthur and Fanny were living separately; she lived at 319 Ann Street and he lived at 324 Alice Street. Their relationship had clearly broken down, as Arthur went to court in 1931 to try to get their marriage annulled on the basis that it used to be illegal for a man to marry his late brother's wife. The judge took a dim view of this argument as the couple had been living together for over thirty years and had four adult children. The case was adjourned several times through 1931, but no final verdict has been found. Whether the case was dropped or the judge ruled against annulment is therefore unclear, but it does seem to be the case that Fanny and Arthur remained married, but continued to live separately at different addresses within Maryborough.

Arthur died on 25th July 1947, aged 76. Fanny outlived him by over fifteen years.

1. ↑ Births index, in General Register Office. England and Wales Civil Registration. (London: General Register Office).

   b. Arthur Daniel NICKOLS, March Quarter 1871, St Albans Registration District, Volume 3a, page 373, mother's maiden name Warner

2. ↑ England. England and Wales. 1871 Census Schedules. (
   Kew, Richmond, Greater London TW9 4DU, United Kingdom:
   The National Archives (abbreviated TNA), formerly the UK General Register Office.)
   Class RG10; Piece 1376; Folio 51; Page 18, 2 Apr 1871.

   Address: No Man's Land, Wheathampstead, Hertfordshire
   Daniel Nichols, head, married, male, 37 [1833/4], Ag Labourer, b. Wheathampstead, Hertfordshire
   Susan Nichols, wife, married, female, 36 [1834/5], Straw plaiter, b. Harpenden, Hertfordshire
   William Nichols, son, male, 13 [1857/8], Ag Labourer, b. Wheathampstead, Hertfordshire
   Jessie Nichols, son, male, 11 [1859/60], Ag Labourer, b. Wheathampstead, Hertfordshire
   Frederick Nichols, son, male, 9 [1861/2], Ag Labourer, b. Wheathampstead, Hertfordshire
   Mary Ann Nichols, daughter, female, 7 [1863/4], Straw plaiter, b. Wheathampstead, Hertfordshire
   Alfred Nichols, son, male, 5 [1865/6], b. Wheathampstead, Hertfordshire
   Sarah Nichols, daughter, female, 3 [1867/8], b. Wheathampstead, Hertfordshire
   Arthur Nichols, son, male, 1m [1871], b. Wheathampstead, Hertfordshire

3. ↑ Baptisms register, in Church of England. Wheathampstead Parish Registers. (Hertford: Hertfordshire Archives and Local Studies).

   BAPTISMS solemnized in the Parish of Wheathampstead in the County of Hertford in the Year 1871
   No.	When Baptized	Child's Christian Name	Parent's Name		Abode	Quality, Trade, or Profession	By whom the Ceremony was performed
   			Christian	Surname
   636	1871 June 25	Arthur Daniel	Daniel & Susan	Nickols Warner	Nomansland, Wheathampstead	Labourer	Owen W. Davys, Rector

   Baptised same day as his sister Sarah.

4. ↑ England. 1881 Census Schedules for England and Wales, Isle of Man and the Channel Islands: . (
   Kew, Richmond, Greater London TW9 4DU, United Kingdom:
   The National Archives (abbreviated TNA), formerly the UK General Register Office.)
   Class RG11; Piece 1429; Folio 48; Page 7, 3 Apr 1881.

   Address: Brewhouse Hill, Wheathampstead, Hertfordshire
   Daniel Nichols, head, married, male, 47 [1833/4], Farm labourer, b. Gustard Wood, Hertfordshire
   Maria Nichols, wife, married, female, 48 [1832/3], Straw plaiter, b. Batford Mills, Hertfordshire
   Frederick Nichols, son, unmarried, male, 19 [1861/2], Farm labourer, b. Nomansland, Hertfordshire
   Mary Ann Nichols, daughter, unmarried, female, 17 [1863/4], Straw plaiter, b. Nomansland, Hertfordshire
   Sarah Nichols, daughter, unmarried, female, 12 [1868/9], Scholar, b. Nomansland, Hertfordshire
   Arthur Nichols, son, male, 9 [1871/2], Scholar, b. Nomansland, Hertfordshire
   Clara Nichols, daughter, female, 8 [1872/3], Scholar, b. Nomansland, Hertfordshire
   George Nichols, son, male, 6 [1874/5], Scholar, b. Nomansland, Hertfordshire
   Sarah Wright, daughter, female, 13 [1867/8], Scholar (2nd family), b. Folly, Hertfordshire

5.   Queensland, Australia. Assisted Immigration 1848-1912 (Queensland Government).

   Dorunda, sailed from London 22 Dec 1888, arrived Maryborough 18 Feb 1889
   Maryborough / Free
   Nicholls, Arthur, 17, F.L. [Farm Labourer?], County Herts / [in a later hand:] Pension Enquiry 9-1-32
   Nicholls, Sarah, 20, D.S. [Domestic Servant], County Herts

6.   Australia, Electoral Rolls 1903-1980 (Ancestry).

   1905: Wide Bay Division, Maryborough subdistrict
   Nicholls, Arthur Daniel / M / Ferry lane / labourer
   Nicholls, Fanny / F / Ferry lane / domestic duties
   
   1906: Wide Bay Division, Maryborough subdistrict
   Nicholls, Arthur Daniel / M / Ferry lane / labourer
   Nicholls, Fanny / F / Ferry lane / domestic duties
   
   1908: Wide Bay Division, Maryborough subdistrict
   Nicholls, Arthur Daniel, Ferry lane, labourer M
   Nicholls, Fanny, Ferry lane, home duties, F
   
   1913: Wide Bay Division, Maryborough subdistrict
   Nicholls, Arthur Daniel, Ferry lane, labourer M
   Nicholls, Fanny, Ferry lane, home duties, F
   
   1916: Wide Bay Division, Maryborough subdistrict
   Nicholls, Arthur Daniel, Ferry lane, labourer M
   Nicholls, Fanny, Ferry lane, home duties, F
   
   1917: Wide Bay Division, Maryborough subdistrict
   Nicholls, Arthur Daniel, Ferry lane, labourer M
   Nicholls, Fanny, Ferry lane, home duties, F
   
   1919: Wide Bay Division, Maryborough subdistrict
   Nicholls, Arthur Daniel, Ferry lane, labourer M
   Nicholls, Fanny, Ferry lane, home duties, F
   
   1925: Wide Bay Division, Maryborough subdistrict
   Nicholls, Arthur Daniel, Bazaar st., labourer, M
   Nicholls, Daniel, Bazaar st., letter carrier, M
   Nicholls, Fanny, Bazaar st., home duties, F
   Nicholls, Mary Elizabeth Eva, Bazaar st., home duties, F
   
   1931: Wide Bay Division, Maryborough subdistrict
   Nicholls, Arthur Daniel, 324 Alice st., labourer, M
   Nicholls, Fanny, 319 Ann st., home duties, F
   
   1934: Wide Bay Division, Maryborough subdistrict
   Nicholls, Arthur Daniel, 324 Alice st., labourer, M
   Nicholls, Fanny, 319 Ann st., home duties, F
   
   1936: Wide Bay Division, Maryborough subdistrict
   Nicholls, Arthur Daniel, 324 Alice st., labourer, M
   Nicholls, Fanny, 319 Ann st., home duties, F
   
   1937: Wide Bay Division, Maryborough subdistrict
   Nicholls, Arthur Daniel, 324 Alice st., labourer, M
   Nicholls, Fanny, 319 Ann st., home duties, F
   
   1943: Wide Bay Division, Maryborough subdistrict
   Nicholls, Arthur Daniel, 7 Kenilworth st., M
   Nicholls, Fanny, 245 Ann st., home duties, F

7.   The Evening News (Rockhampton, Queensland)
   Saturday 28 Mar 1931.

   MARRIED HIS BROTHER'S WIDOW.
   MARYBOROUGH MAN NOW SEEKS ANNULMENT.
   BRISBANE, Friday.
   AT Maryborough on August 7, 1894, Arthur Daniel Nicholls, a labourer, was married to his brother's widow. There are now four children of the marriage.
   In the Supreme Court to-day, before Mr. Justice Macrossan, Nicholls applied through his counsel, Mr. Neil Macrossan, to have the marriage annulled, on the ground that at the time the marriage took place the parties "were within the prohibited degree of affinity."
   His Honour said that so long as the parties lived together uninterfered with, the marriage was legal for all practical purposes.
   Mr. Macrossan: That is not so according to the old law.
   The judge suggest an adjournment.
   Mr. Macrossan submitted that the matter was not one for an adjournment.
   His Honour: The parties have lived together for 36 years and if I annulled the marriage, four children would be bastardised. Well, it will not be done to-day. I will adjourn the case.
   Mr. Macrossan: For what reason. May I take it-
   His Honour (interjecting): You may take it whatever way you like. You may take it to the Court of Appeal if you like.

   [There appear to have been several more articles up to September 1931 concerning the adjournment, but no articles have yet been found confirming a final outcome of the case. Arthur's death notice in 1947 describes him as the husband of Fanny Nicholls, indicating that they remained married.]

8. ↑ Deaths index, in Queensland Government. Queensland Civil Registration.

   Name: Arthur Daniel NICHOLLS
   d. 25 Jul 1947
   Reg: 1947/C3483
   Father: Daniel
   Mother: Susan Warner

9.   Maryborough Chronicle (Maryborough, Queensland)
   Saturday 26 Jul 1947.

   DEATHS
   NICHOLLS.- On July 25, 1947, at the residence of his son, 107 Bazaar-st., Maryborough, Arthur Daniel Nicholls, husband of Fanny Nicholls, and father of Mrs. R.H. Wendt (Maryborough), Daniel (Maryborough), James Victor (Brisbane), Mrs. H. Nielson (Maryborough), Mrs. S. Taylor (Maryborough) and Mrs. D. McCullough (Maryborough). Aged 76 years.
   "At Rest."