James Cooper

James Cooper
Occupation	Publican
Years active	1859
Known for	Eldorado Hotel
Home town	Smythesdale

James Cooper was a publican in Smythesdale, Victoria, <1859>.

History

Cooper held the license for the Eldorado Hotel in Smythesdale.

In November 1864 his wife was involved in a custody battle with the local doctor over an illegitimate child:

A somewhat unusual case was heard a week or so back before his Honor Mr Justice Barry, in chambers. A writ of habeas corpus had been sued oat on the petition of Mrs Eliza Alice Cooper to cause Mr Louis Saenger, a surgeon residing at Smythesdale, to bring into court the body of the petitioner's illegitimate child, by the defendant, one Louis Herman Saenger Cooper. The affidavits were exceedingly voluminous and contradictory. From the affidavit of Mrs Cooper, it appeared that whilst residing with her husband at Smythesdale, at which place he kept the Eldorado Hotel some five years previously the defendant Saenger boarded in the house, and that, whilst attending petitioner professionally, he took advantage of her position and in a weak moment seduced her." On this fact coming to the knowledge of the husband, he commenced an action against Saenger for criminal connection, which action was however compromised by the payment of a sum of money. The parties to the present suit then lived together as man and wife, the result being that on the 7th of August, 1860, the petitioner was delivered of a son. Disagreements arose between the parties and, ultimately, Dr Saenger took the child away from the house, sold the furniture, and refused to allow the child to have intercourse with the mother, alleging as a reason that the petitioner had been accustomed to drink to intoxication, and whilst in that state to beat and otherwise maltreat the child. In support of this view of the case, affidavits were sworn by Mary Ann Freeman, of Ballarat, spinster; Charles Williams, of Smythesdale, newspaper agent and Eliza, his wife ; Charles Henry Buck, of Smythesdale, police constable ; Chalkley Goad, fruiterer; Samuel M'Cormack, coach-driver: Peter Daly, detective; and Charles Edward Stedman, solicitor; and the defendant, all of Smythesdale. It appeared, also, that Dr. Saenger had offered to allow petitioner £5 per month if she would let him have the child to bring up, and would refrain from molesting him. Counter affidavits were sworn by the following persons, denying that Mrs Cooper was accustomed to drink, or that she ill-treated the child viz., the Rev. John P. Niquet, Mary Walker, and Bridget Macmahon and Ava Jones, who had resided with the petitioner and the defendant as their servants; John Webb Brace, Mary Humphrey, and the petitioner. The case occupied several hours, ultimately the learned judge ordered the child to be restored to his mother, and gave costs as against Dr. Saenger.