The Hay Standard and Advertiser for Balranald, Wentworth, Maude, Booligal, Wilcannia, Menindie, Bourke, &c, Wed 17 Aug 1892 1
INDECENT ASSAULT.
At the police court on Saturday before the PM [Joseph Ede Pearce], John Daley, a youth about 18 years of age, was charged with an indecent assault on a child named Frederick Hales.
Senior-Constable [Frederick George] Eggleston deposed that he went with the boy Hales to search for the accused Daley on Friday, and on the bank of the river there was a camp of about 12 men, but did not find the man; the constable and the boy then went into the council’s paddock and saw two men on the bank of the river, and when about 20 yards from the men the boy pointed to the accused and identified him; the boy said he was quite certain of that being the man; accused said he camped in the bend the previous night; accused said his name was John Daley, and that he came from Bendigo; in answer to a question Daley said he never saw the boy before in his life; the boy said”yes, you saw me last night,” and the accused replied “you liar I never saw you before”; Witness arrested accused and charged him with committing an indecent assault upon the boy, explaining the nature of the charge. Accused got very agitated and said “I never did, I had no intention of doing any wrong, I never saw the boy before in my life”; on the way to the lockup accused seemed very frightened, and said “it is no use, I did see the boy last night, make it as light for me as you can, I only caught hold of him and stroked his face, and asked him whether that goat with three kids belonged to him.”
Frederick Hales deposed: I am 8 years of age, and live with my mother at South Hay; I went to the Council paddock on Thursday evening, and saw the accused there that night in the bend; he asked me about the goats, and also if my father was at home, and I said no; he then asked me some questions, and said he would give me a pocket knife and a six-pence if I went along with him, and I refused to take them. (The boy then described what further took place), and when Mr Hews was seen coming the accused went away; I saw Mr Hews coming and I got up off the ground; I was frightened while he had hold of me; and I screamed out and cried out; I had seen the man in the street before that evening, and also in the morning crossing the bridge, but did not speak to him nor he to me; it was about tea time that I was with the man in the paddock.
Joseph Hews deposed: I am a saddler and live just outside the council paddock at South Hay; to come into town I cross through the paddock and over the river in a boat; I left for home a little after 6 pm, crossed the river and returned home through the paddock; when half-way across I saw a man standing in the distance with his back towards me, and then he walked away at a good pace to my right; I can’t say that he was the accused; the clothes worn by accused seem the same; I did not see the person in the paddock again that evening; when I reached the place where I first saw the man I noticed the little boy Fred Hales; I called him by name but he did not answer at first, but he answered subsequently; he was crying at the time and had his hands up to his eyes; he told me something and I sent him home to his mother, whom I sub subsequently saw myself; the next morning I gave information to the police; when I heard the boy’s story I looked for the man, but he got out of sight as it was nearly dark at the time.
Joseph Frank said the accused came to his camp in the council paddock 5 or 6 days ago, and he permitted him to stay with him, and he went to town about sundown, and came back about 8 o’clock.
Hannah E[lizabeth] Hales deposed that she had goats running in the council paddock, and her son Fred Hales was in the habit of going to them each evening; she returned to her home about 7.30 on Thursday evening; her son was at home, and he made a complaint to her; he was crying while he was making the complaint; his clothes were not torn.
The accused [John Daley] stated that he left the camp to go up the town on Thursday night, and saw the child about 50 yards from the house; asked him was his father at home; he asked the boy was those his goats with the three kids; he further said he touched the boy on the face with his hands, that’s the lot he did to him.
Accused was committed to take his trial at the Circuit Court to be held on the 28th of September.
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Depositions for John Daley 29 Sep 1892 Hay trial 2
(a) Town. |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Regina v. (b) John Daley |
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(c) Offence. |
(c) Indecently assaulting a male person |
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(d) Town. |
Police Office, (d) Hay |
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15 August 1892 |
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Sir, |
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I have the honor, by direction of the Bench of Magistrates, |
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to transmit herewith the Depositions, and other documents in the |
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(e) Name of accused |
case of (e) John Daley |
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(f) “His” or “her” |
who has been committed to take (f) his |
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(g) “Circuit Court,” or |
trial at the (g) Circuit Court |
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to be held at (h) Hay |
on Wednesday |
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(h) Town where Court |
the 28th day of September 1892 |
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The accused is (i) Confined in the Gaol at Hay |
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(i) “Is confined in the |
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(k) As in Recognizance, both for Crown and defence, specifying also what witnesses gave evidence but were not bound over, with reason for omission. |
The Witnesses bound over are (k) Senior Constable FG Eggleston, Frederick Hales, Hannah Elizabeth Hales, Joseph Hews
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(l) Short description to enable identification. |
The Exhibits enclosed are (l) There are no exhibits. |
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I have the honor to be, |
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[Signed] Frederick G[regory] Adrian |
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Clerk of Petty Sessions |
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The Secretary, |
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Attorney General’s Department. |
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N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates |
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4g 201-90 |
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(M., 11 and 12 Vic., Cap. 42.)
Depositions of Witnesses.
New South Wales, Hay
TO WIT. }
The examination of Senior Constable Frederick George Eggleston of Hay in the Colony of New South Wales, Frederick Hales of Hay, Hannah E Hales of Hay, J Hews of Hay and Joseph Frank of Hay, in the said Colony, taken on oath, this 13th day of August in the year of Our Lord one thousand eight hundred and ninety two at Hay in the Colony aforesaid, before the undersigned, one of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of John Daley who is charged this day before me, for that he the said John Daley, on the 11th day of August 1892 at Hay in the said Colony, did indecently assault a male person to wit one Frederick Hales.
1
John Daley indecently assault a male person to wit Fred Hales.
Senior Constable Frederick George Eggleston on oath states:– In consequence of information received I went with a little boy named Fred Hales on Friday 12th instant about 12 noon to search for an offender. We
2
went to the Murrumbidgee River. We saw a camp of about twelve men. I kept the man in conversation while the boy Fred Hales looked at them. He identified no-one. We went through two or three camps and Hales failed to identify anyone. We crossed the river and went to the Council paddock. We saw 2 men standing on the bank of the river. When about 20 yards from there
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the boy pointed to the accused and identified him. I brought the accused up to the boy Hales. I said to him “Are you quite certain this is the man?”, and he said “Yes” without any hesitation. I said to accused “Where did you camp last night?” Accused said “Here in this herd.” I said “What is your name?” He said John Daley and I come from
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Bendigo.” I said “Do you know this boy?”, (pointing to Hales), “Did you see him last night?” Accused said “I have never seen him before in my life.” Hales said “Yes, you saw me last night”. The accused said “You liar, I never saw you before.” I arrested the accused and charged him with committing an indecent assault upon the boy. I said “You are charged
5
with committing an indecent assault upon this boy last night. You knocked him down, opened his trousers,” and I explained further the nature of the charge. He got very agitated then and said “I never did. I have no intention of doing any wrong. I never saw the boy before in my life.” When bringing accused to the lock up the
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accused seemed to be very frightened. He said “It’s no use, I did see the boy last night. Make it as light for me as you can, I only caught hold of him and stroked his face and asked him whether that goat with three kids belonged to him.” I brought him to the lock up and locked him up.
[Signed] Fred G Eggleston.
Sworn at Hay this 13 August 1892 before me.
[Signed] Joseph Ede Pearce, PM.
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Frederick Hales on oath states:– I am eight years of age. I live with my mother just outside Council paddock South Hay. I go for the goats in the Council paddock each evening. I went for the goats in the bottom of the herd on Thursday evening last. I did not see anybody when I was looking for the goats. I saw the accused that night down in the herd. He came to me. He asked me if those
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were my 2 goats down in the herd that were kidded. He asked if my father was at home. I said “No”. He asked me what was the thing between my legs; I was dressed then as I am now. I said to him “I did not know”. He then called me over to a tree and put me down beside the tree on the ground. I was lying on my back. He undone my braces
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and he said he would give me a pocket knife and a sixpence if I went along with him. He saw Mr Hews and then he went away. When he offered me a pocket knife and a sixpence I said I would not take it, I would not go with him. I saw Mr Hews coming and the man went away. I saw Mr Hews at that time. The man did not take down his trousers at all. I screamed out
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when I saw Mr Hews coming. I got up from the ground directly, the man went away. I saw Mr Hews before that – after the man took loosened my braces he undid the fly of my trousers. He again asked me what was the thing between my legs. He pulled my trousers down to my thigh. He did not put his hand touched me between my legs. The accused put me down and he held
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my hands with one hand and my feet with the other. He did not offer me anything while I was lying down. He did not ask me to do anything while I was lying down. I was frightened whilst he was pulling my clothes down, I screamed out and I cried too. When the man was leaving he said he would give me another pocket knife if I went along
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with him. I had seen the man in the street before that evening. I remember going with Senior Constable Eggleston one afternoon, I had seen the accused on the morning of that day crossing the bridge. I did not speak to him nor he to me that morning. I saw the man in the paddock on the day he took my trousers down just at tea time. It was
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getting dark.
The accused does not desire to ask the witness any questions.
[Signed] Fred Hales.
Sworn at Hay this 13 August 1892 before me.
[Signed] Joseph Ede Pearce, PM.
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Joseph Hews on oath states:– I am a saddler and I live just outside the Council paddock South Hay. To come into town to my work I cross through the paddock and cross the river in a boat. On Thursday night I left the shop a little after 6 pm, crossed the river in a boat and returned home through
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the Council paddock. When I had got about half way across I saw a man in the distance standing. He stood for a short time, his back was towards me and then he walked away to my right, not towards me. He walked away at a good pace. I can’t say that he was the accused. The clothes worn by the man
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and that now worn by accused seem the same. I did not see the person in the paddock again that evening. When I reached the place where I first saw the man I noticed a little boy Fred Hales now before the court. I called him by name because I thought I knew him. He did not answer the first call, he answered subsequently. He was
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crying. He had his hands up to his eyes and he was sobbing and crying bitterly. I spoke to him and he told me something. I did not notice anything about the boy’s trousers. I sent the boy home to his mother. Afterwards I saw his mother and on the following morning I made a report to the Police. When I saw the boy I had lost sight of the man
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altogether. When I heard the boy’s story I looked for the man but he had escaped from my sight. It was nearly dark at the time. I was walking slowly and I walked about 150 yards from the place where I first saw the man to the spot where I saw the boy.
[Signed] J Hews.
Sworn at Hay this 13 August 1892 before me.
[Signed] Joseph Ede Pearce, PM.
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Joseph Frank on oath states:– I have a boat in the river and I do mapping. I am at present camping in the Council paddock. About 5 or 6 days ago the accused came to my camp. I permitted him to camp with me. I remember Senior Constable Eggleston being in the paddock and arresting the accused. The night
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before (Thursday night) Daley had his tea with me in the camp in the paddock. He left the camp after tea and said he was going to town. He started to walk towards the bridge He across the paddock, that would be about sun down. It That was on Thursday evening. I camp not a yard from the river. He came home
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about 8 o’clock across the river.
Witness examined by Accused: You always borrow my knife when you want to cut your tobacco. You did not, I think, have a knife or money on you the after evening of Thursday.
[Signed] Joseph Frank.
Sworn at Hay this 13 August 1892 before me.
[Signed] Joseph Ede Pearce, PM.
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Hannah Elizabeth Hales on oath states:– I am wife of Edward Hales and reside just outside the boundary of the Council paddock South Hay. I remember Thursday last the 11th instant. We have four goats running in the Council paddock, my son Fred Hales is the boy who is in the habit of going for the goats each evening. I returned
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to my home about 7.30 on the evening of Thursday last. The My boy was at home and he made a complaint to me. He was eight years old last July. He was crying while he was making the complaint to me. I did not examine his clothes. His clothes were not torn, I arranged to have the police informed.
[Signed] HE Hales.
Sworn at Hay this13 August 1892 before me.
[Signed] Joseph Ede Pearce, PM.
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(N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales, Hay
TO WIT. }
John Daley stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 13th day of August in the year of Our Lord one thousand eight hundred and ninety two for that he, the said John Daley on the 11th day of August 1892 at Hay, in the said Colony, did indecently assault a male person to wit one Frederick Hales and the examination of all the witnesses on the part of the prosecution having been completed, and the depositions taken against the accused having been caused to be read to him by me, the said Justice, (by/or) before whom such examination has been so completed; and I, the said Justice, having also stated to the accused and given him clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall say may be given in evidence against him upon his trial, notwithstanding such promise or threat; and the said charge being read to the said John Daley, and the witnesses for the prosecution Frederick George Eggleston, Frederick Hales, Hannah E Hales, Joseph Hews and Joseph Frank being severally examined in his presence, the said John Daley is now addressed by me as follows:– “Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in writing and may be given in evidence against you upon your trial;” whereupon the said John Daley saith as follows:– “I left” (see page 25).
Taken before me, at Hay in the said Colony, the day and year first above mentioned.
[Signed] Joseph Ede Pearce, PM.
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“As I left the camp to go up to the town on Thursday night. I see the child about 50 yards from the house. I asked him was his father home. I seen the goat down there and I asked him was that his goat and the three kids. I touched him on the face with my hand. That’s the lot I did to him. I left him then to go up town.”
[Signed] J Daley.
Stated before me this 13 August 1892 before me.
[Signed] Joseph Ede Pearce, PM.
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G. 190.
REGINA.
versus
John Daley
Offence,— indecently assaulting a male person.
The accused stands committed to take trial his at the next Circuit Court of to be holden at Hay, on the 28th day of September 1892. Bail allowed the accused in £ and two sureties in £ each, or one in £
[Signed] Joseph Ede Pearce, PM.
JP.
Dated at Hay Police
Office,
this 13th
day of August
AD 1892
4g 416 - 88
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(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
New South Wales, Hay
TO WIT. }
Be it remembered, that on the 13th day of August in the year of Our Lord one thousand eight hundred and ninety two Frederick George Eggleston Senior [Constable] of the Police Force, Hay Frederick Hales and Hannah E Hales of Hay in the Colony of New South Wales, (by the surety of Joseph Hews). Joseph Frank of Hay in the said Colony, labourer and Joseph Hews of Hay in the said Colony, saddler personally came before the undersigned, one of Her Majesty’s Justices of the Peace for the Colon of New South Wales, and acknowledged themselves to owe Our Sovereign Lady the Queen the sum of
FORTY POUNDS EACH,
and Joseph Hews forty pounds each for Frederick Hales and Hannah E Hales of good and lawful money of Great Britain, to be made and levied on their Goods and Chattels, Lands and Tenements, to the use of our said Lady the Queen, her Heirs and Successors, if they the said before mentioned persons shall fail in the Condition indorsed.
Taken and acknowledged, the day and year first above mentioned, at Hay in the said Colony, before me.
[Signed] Joseph Ede Pearce, PM.
The Condition of the within written Recognizance is such, that whereas John Daley was this day charged before Joseph Ede Pearce Esquire, one of Her Majesty’s Justices of the Peace for the said Colony, with indecently assaulting a male person to wit Frederick Hales.
If therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Hay in and for the Colony of New South Wales, on the 28th day of September next, at nine of the clock in the forenoon, and then and there give such evidence as they know, upon an information to be then and there preferred against the said John Daley for the offence aforesaid, to the jurors who shall pass upon the trial of the said John Daley.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] Joseph Ede Pearce, PM.
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[On the depositions’ cover sheet is the following]
Circuit Court
Hay
25th September 1892
AG’s No. 174
Depositions.
CS’s No. 2
Regina
v.
John Daley
Indecent assault
See within E[dmund] B[arton, QC] AG
31.8.92
Committed at: Hay
on: 13th August 1892
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Coram Stephen
29.9.92
Reg v. John Daley p. 25
CC Exhibit A
[Initialled] EMS, Associate.
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Indecent assault
EB AG
31.8.92
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Justice MH Stephen’s notebook 3
135
[Hay, Thursday 29 September 1892]
[S.] 60 – John Daley – Indecent assault on male.
Plea not guilty.
Frederick Hales 4
Frederick G Eccleston 5 Senior Constable stationed at Hay. I know the little boy Hales – have known him (since ?) about 12 August – I went down to search for a man – the b found A 6 in the council paddock – I took Hales to accused – & asked A Hales said that is the man. I asked accused where he had camped the previous night. He said here in the bend. I said to the boy are you certain that this is the man. Hales said yes – I said to the accused did you see this boy last night – pointing to Hales. Accused said no I never saw him before in my life – Hales said yes you saw me
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here last night. Accused said you are a liar. I never saw you. Accused said that he had come from Bendigo. I arrested him – he said I never saw the boy – I never done it – I had no intention of doing any harm. We then went to the lock up – on the way accused said it’s no use – I did see that boy last night – make it as light as you can for me – I only asked him – was that a goat of his – I only stroked his face. I had no intention of doing any wrong – I saw accused sign his name to a deposition – that is his signature – the charge was read to him – and the usual caution given him.
Deposition put in.
Frederick Hales. 7 I live at Council Paddock. I am in the habit of getting go the goats for my mother – I was down there one
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evening – I met a boy – the accused. He asked if they were my two goats that had kidded – he asked if my father was at home & I said no – he knelt down & asked me what was that between my legs. I said I don’t know – he took my trowsers down to my thigh – he asked me again what it was between my legs – I said I don’t know – He said he would give me a pocket knife & 6d. if I went with him. I said no – I cried – I was lying down – near a tree … on my back – he was on his two knees – he was beside to me. I was frightened – I put up my trowsers then I saw Mr Hughes.
Not guilty.
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The Hay Standard and Advertiser for Balranald, Wentworth, Maude, Booligal, Wilcannia, Menindie, Bourke, &c, Sat 1 Oct 1892 8
OPENING OF THE NEW COURTHOUSE.
The arrangements for opening the new Court house were under the special supervision of the Sheriff, and were as complete as could be made under the circumstances. Men were at work until late on Tuesday night getting things ready. Only those having business at the court and those invited by the sheriff were admitted to the opening ceremony. A number of ladies were present, seated in the jury box and at the end of the bench. On the bench were the Mayor, the Police Magistrate and Mr Lakeman.
When his Honor took his seat, Mr R Gibson, the Mayor, said he had much pleasure in congratulating His Honor upon the opening of the new Courthouse, which would meet the requirements of the public. The new building was a credit to the works department, the contractors and the treasury. They fully believed that in the future Hay was going to be a large city, and he was pleased to see that they had been liberally dealt with by the Government in the matter of the courthouse. The administration of justice was carried on with great difficulty in the old building. The judge, the bar, the jurymen, and the general public deserve every consideration, and they should have convenience in carrying out of their duties. He hoped the Government would put up a fine ornamental fence, and he might promise that the Council would assist in every way to ornament the ground with trees.
Mr A Lakeman, JP, on behalf of the district congratulated his Honor upon being the first judge to sit in the new courthouse. He had been the principal instrument in getting the courthouse erected. He thought Hay was entitled to a better courthouse than the one they have been using for some time. They had been a good many years accomplishing the end now attained, and he was glad to see his Honor now sitting in the new courthouse.
Mr Pearce, PM, congratulated his Honor on being present to open the court. They had been under some inconvenience in the old building, but this was now at an end. In the new courthouse the business could be carried on to advantage. He hoped that the judges would have pleasure attending this court, and that justice would be administered true as a plumb line.
Mr Moriarty, on behalf of the bar and the Attorney-General, congratulated his Honor on the opening of the new Courthouse.
Mr Crang, on behalf of the solicitors, congratulated his Honor and the district on having such a commodious courthouse as this was. The want of a better building than the old one has been long felt. It would be much better to have all the courts held under one roof. At present the land court was held in one place and the police court in another. It was fitting that a Stephen should open this new building, as that family had had so much to do with the administration of justice in the colony.
Photo ID: SRNSW 4346_a020_ a020000315.jpg
His Honor Judge [MH] Stephen said he was very happy to receive their congratulations on that happy occasion. It was two and half years since he was last here and sat in that small, dingy, and comfortless building where the court used to be held. When he arrived the previous night he was surprised and gratified that he would not have to sit in the same place, but in this new courthouse. Until he come here he had no idea that a new building was going to be here. He had been so much impressed with the unsuitableness of the old building when here before that he at once wrote to the Chief Justice pointing out how very inconvenient it was. This was communicated to the Governor and no doubt that had something to do with getting the courthouse. Had it not been for Mr Lakeman they would not have had this new courthouse, for a long time. It was right that such a building should wear some adequate relation to the importance of that which takes place within. Their legislators might make good laws in a barn, and in such a building too they might enforce them and administer justice; but in each case this would be but ill comport with the dignity which should attach to the proceedings so closely connected with the well-being of a nation. In that well-being there was no more vital factor than the administration of justice, and it was well that it should be invested with surroundings which should tend to accentuate its consequence and excite and maintain reverence, not only for all who take part in it, but for the very functions themselves which they discharge. The convenience of the public should be considered and their comfort attended to. Witness and jurors should have every arrangement for their comfort when they attended the court. Many people had very little idea of the trouble and inconvenience the public where put to in various parts of the colony, and the court in Sydney was as bad as any of them. He was glad to find that this court presented every convenience for those who had to attend it. He considered it as marking an epoch in the progress of a town, and a recognition that it had reached a stage when it was deserving of a court not only fully equal to the requirements of a populous town, but one that far from being eye sore, is an adornment and a subject of pride, and be not only in name but in reality a temple of justice, and that as long as it lasted offenders would be punished, and hoped that the law which would be administered there would tend to help on that true greatness which exalts a nation.
…
His Honor Judge [MH] Stephen said he was very happy to receive their congratulations on that happy occasion. It was two and half years since he was last here and sat in that small, dingy, and comfortless building where the court used to be held. When he arrived the previous night he was surprised and gratified that he would not have to sit in the same place, but in this new courthouse. Until he come here he had no idea that a new building was going to be here. He had been so much impressed with the unsuitableness of the old building when here before that he at once wrote to the Chief Justice pointing out how very inconvenient it was. This was communicated to the Governor and no doubt that had something to do with getting the courthouse. Had it not been for Mr Lakeman they would not have had this new courthouse, for a long time. It was right that such a building should wear some adequate relation to the importance of that which takes place within. Their legislators might make good laws in a barn, and in such a building too they might enforce them and administer justice; but in each case this would be but ill comport with the dignity which should attach to the proceedings so closely connected with the well-being of a nation. In that well-being there was no more vital factor than the administration of justice, and it was well that it should be invested with surroundings which should tend to accentuate its consequence and excite and maintain reverence, not only for all who take part in it, but for the very functions themselves which they discharge. The convenience of the public should be considered and their comfort attended to. Witness and jurors should have every arrangement for their comfort when they attended the court. Many people had very little idea of the trouble and inconvenience the public where put to in various parts of the colony, and the court in Sydney was as bad as any of them. He was glad to find that this court presented every convenience for those who had to attend it. He considered it as marking an epoch in the progress of a town, and a recognition that it had reached a stage when it was deserving of a court not only fully equal to the requirements of a populous town, but one that far from being eye sore, is an adornment and a subject of pride, and be not only in name but in reality a temple of justice, and that as long as it lasted offenders would be punished, and hoped that the law which would be administered there would tend to help on that true greatness which exalts a nation.
…
CRIMINAL BUSINESS.
After the opening ceremony, the criminal business was proceeded with. His Honor Judge Stephen presided, and Mr C Stephen acted as clerk of the court, and Mr Moriarty prosecuted for the Crown, assisted by Mr HP Curtis.
Mr RW Ronald and T Duggan were excused, A Haylock, J Dowdle and J Lugadin were each fined £2 2s. for non-attendance at juries.
…
INDECENT ASSAULT.
John Daley was charged with having committed an indecent assault on Fredk. Hales, on 22nd August last, at Hay.
Prisoner pleaded not guilty, and was undefended.
The Crown Prosecutor stated the case, the facts of which were that the accused was camped with a man named Franks on the river, and in the evening Frederick Hales was sent into a paddock to get some goats, when he met the accused, who committed the alleged offence. The prisoner was arrested by Senior-constable Egglestone [sic] and at first denied having seen the boy Hales, but subsequently said he had seen the boy and to make it as light for him as he could, as he had only stroked the boy’s face.
His Honor left the case in the hands of the jury, his own impression was that they could not convict on the evidence of the child. The jury found the accused not guilty, without leaving the box. His Honor warned the prisoner to be careful in the future or he would get into trouble.
1 The Hay Standard and Advertiser for Balranald, Wentworth, Maude, Booligal, Wilcannia, Menindie, Bourke, &c , Wed 17 Aug 1892, p. 2.
2 SRNSW: NRS880, [9/6835], Supreme Court, Papers and depositions, Hay, 1892, No. 174. Emphasis added.
3 SRNSW: NRS7710, [2/7238], Judiciary, MH Stephen, J. Notebooks Circuit Courts, 1876-1903, pp. 135-137. Emphasis added.
4 Mn: V[ictim]
5 Eggleston in transcript of depositions.
6 Accused, passim.
7 Mn: 8 years old
8 The Hay Standard and Advertiser for Balranald, Wentworth, Maude, Booligal, Wilcannia, Menindie, Bourke, &c, Sat 1 Oct 1892. Emphasis added.