Below also see: Alfred Dumbrell, 1874 – Indecent assault
The Maitland Mercury and Hunter River General Advertiser, Sat 14 Sep 1872 1 & 2
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Friday, September 13.
The Court re-opened at ten o’clock.
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INDECENT ASSAULT ON A CHILD.
Alfred Dumbrul [sic] (a lad), on bail, was indicted for having, at Clarence Town, on the 14th August, indecently assaulted Mary Purcell, a girl under twelve years of age. A second count charged him with indecently assaulting the said Mary Purcell. Defendant pleaded not guilty, and was defended by Mr Thompson.
The Crown Prosecutor opened the case, and pointed out that the first count was laid under a colonial statute. The following is a brief outline of the evidence:—On the afternoon of Wednesday the 14th August, at about three o’clock, Mary Purcell, a girl who will be eleven years of age on the 31st of the coming December, was minding her father’s calves in a paddock near the river at Clarence Town, when defendant came along on a piebald pony, and told her that one of the calves was drowned in the river, she went to look, and found it was not so, he told her to cross the creek, and she obeyed, he following her, and, overtaking her, he jumped off the pony and threw her down. The assault was then committed, the defendant using threats to compel the girl’s silence, and stuffing dirt into her mouth. When he ultimately rode away she went home and complained to her mother, who found marks and bruises on the girl’s person and face. The defendant was arrested on the same day and prevaricated to the constable, saying that he had been in company with Muldoon, and that he bad not seen the girl Mary Purcell at all.
It was suggested, by the line of cross-examination of Mary Purcell and of her mother, that there was malice and ill-feeling between the father Purcell and defendant, and that the girl had on a former occasion complained of an outrage of some nature committed by defendant and another boy, but the malice was not proved, and the girl, though she gave her evidence in a very hesitating manner, and was only induced, with manifest difficulty, to speak at all, denied that she had ever made such a charge. The defendant was shown to have only one hand which he could have used, the other being maimed. It was admitted by the girl that she had complained to her mother of the boy’s chasing her, but not of anything else.
Dr William Schulzen, who had examined the girl’s person, stated the injuries he had found. They were similar to those alluded to by the mother, and he gave his opinion that violence such as the girl described, would cause the injuries he had seen.
For the defence the only evidence was that of the defendant’s mother, and of Dr Schulzen. The former said the boy had always been well behaved, and the doctor having examined the defendant’s hand, was of opinion that defendant had little use of his right hand. Evidence in contradiction of the girl’s statement with respect to the former complaint to her mother, was offered and rejected.
Mr Thompson, in his address to the jury, urged that the girl’s story was improbable and unworthy of belief.
His Honor summed up, and pointed out that the first count was laid under a colonial statute, making an indecent assault upon female children under the age of twelve years an offence punishable by law, whether there was a consent or not.
The jury retired, and in a short time returned with a verdict of indecent assault, recommending prisoner to mercy on account of his youth.
His Honor sentenced the prisoner to nine months’ hard labour on the roads.
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Evening News, Mon 16 Sep 1872 3
NEWS OF THE DAY.
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The Maitland Quarter Sessions opened on Thursday, Mr District Court Judge Simpson, presiding.
Martin O’Brien pleaded not guilty to an indictment, charging him with having, on the 12th December, 1870, at Scone, feloniously stolen one horse, the property of John Brian. He also pleaded not guilty to a second count, charging him with having received the same horse, knowing it to be stolen. Prisoner who was undefended, was acquitted.
and Country Journal, (Sydney, NSW), Sat 1 Nov 1879, p. 48.
Reproduction: Peter de Waal
Henry Callaghan, on bail, was indicted for having at Newcastle, on the 5th day of August, 1872, unlawfully pawned a smoking cap and a singlet, the property of one Charles Brown, with intent to deprive the said Charles Brown of the use of it. Defendant, who was allowed to stand on the floor of the court, pleaded not guilty. He was defended by Mr RW Thompson, and being convicted, was sentenced to one month's imprisonment.
George Sternbeck, on bail, was charged with having, at Wollombi, on the 6th day of May, 1872, assaulted one Richard Snell, with intent to do him grievous bodily harm. Prisoner pleaded not guilty, and was defended by Mr Wisdom, instructed by Mr Thompson. He was found guilty of unlawfully wounding, and sentenced to four months’ imprisonment in Maitland gaol.
William Bell and Robert Campbell Cameron, were acquitted of having at Newcastle, on September 4, stolen the sum of £14 6s 6d. and one comb, one purse, one handkerchief, and one knife, the property of John Macoy.
On Friday William Harris and Ann Harris, on bail, were indicted for having, on the 1st May, at Derriong, assaulted one Barbara Alice Mulholland, whereby actual bodily barm was occasioned to the said Barbara Alice Mulholland. Defendants pleaded not guilt, and were defended by Mr RW Thompson. The woman was convicted, and sentenced to one week’s Imprisonment in Maitland gaol, and to pay a fine of £5. William Harris was again indicted for having, at Derriong, on the 1st May, assaulted one Barbara Alice Mulholland, whereby actual bodily harm was occasioned to her. Defendant pleaded that he had been already tried aud acquitted on the charge. The defendant was admitted to bail till Saturday morning, that he might plead formally in writing.
Alfred Dumbrul [sic] (a lad), on bail, was indicted for having, at Clarence Town, on the 14th August, indecently assaulted Mary Purcell, a girl under twelve years of age. A second count charged him with indecently assaulting the said Mary Purcell. Defendant pleaded not guilty, and was defended by Mr Thompson. The jury returned a verdict of indecent assault, recommending the lad to mercy on account of hie youth. His Honor sentenced prisoner to nine months on the roads.
Henry Wilmot was indicted for having, at Newcastle, on the 19th August, stolen the sum of L[£]11-4s, one watch of the value of L7, one chain of the value of L3, and one locket of the value of L1, the property of James Walker, in the dwelling-house of the said James Walker. A second count charged him with receiving the property with a guilty knowledge. Prisoner pleaded not guilty, and was undefended. The jury disagreeing, were locked up some hours, and ultimately discharged.
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The Newcastle Chronicle, Sat 21 Sep 1872 4
MAITLAND QUARTER SESSIONS.
Abridged from the Maitland Mercury.
The September Quarter Sessions opened on Thursday morning at West Maitland, Mr District Court Judge Simpson being the presiding judge. Mr WH Wilkinson was the Crown Prosecutor. The barristers present were Mr R Wisdom, and Mr HE Cohen.
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INDECENT ASSAULT UPON A CHILD.
Alfred Dumbrel [sic] (a lad), on bail, was indicted for having, at Clarence Town, on the 14th August, indecently assaulted Mary Purcell, a girl under twelve years of age. A second count charged him with indecently assaulting the said Mary Purcell. Defendant pleaded not guilty, and was defended by Mr Thompson.
The jury retired, and in a short time returned with a verdict of indecent assault, recommending prisoner to mercy on account of his youth.
His Honor sentenced the prisoner to nine months’ hard labour on the roads.
Alfred Dumbrell, 1874
[Unfortunately no newspaper reports of the January 1874 indecent exposure trial could be located.]
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The Armidale Express and New England General Advertiser, Fri 2 Oct 1874 5
COUNTRY NEWS.
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(From our Correspondents.)
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INVERELL.
(Abridged from the Courier.)
AT the Police Court, Alfred Dumbrell was charged with attempting to commit a rape on Sarah Jane Whitby, a girl of 12 years, while he was shepherding. Prisoner was committed for trial at Armidale.
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The Armidale Express and New England General Advertiser, Fri 9 Oct 1874 6
LOCAL INTELLIGENCE.
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ARMIDALE POLICE COURT.
Friday, Oct 2.
(Before Mr Blythe, JP.)
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Tuesday, Oct 6.
(Before Mr Blythe, JP.)
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In April, 1871, at the Armidale Assizes, Jas Francis O’Donoghue was convicted of cattle stealing, and sentenced to five years’ imprisonment, with hard labour. His wife, who resides near Inverell, and has six young children, is petitioning the Governor for a remission of the remainder of the sentence. Her prayer is supported by the signatures of numerous residents at Armidale.
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The undermentioned prisoners are in the local gaol under committal for the Armidale Assizes:—Dundally, murder. James Sullivan, murder. John Gough, wilfully causing death. Thomas Largey, unlawfully wounding. Alfred Dumbrell, attempted rape.
And George Roggett, alias George the Frenchman, horse stealing.—Three other persons are on bail, being—EG Clerk, Jun, cattle stealing under arms. William Taylor, wounding with intent to do grievous bodily harm. And Edward Coughlan, arson.
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Evening News, Tue 13 Oct 1874 7
(From the Herald’s Telegrams.)
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ARMIDALE.
Monday.
At 9 o’clock, on Saturday evening the jury returned a verdict of “Not guilty” in the case of EG Clerk, who was charged with cattle-stealing.
At the Circuit Court to-day, the case of Dundally was postponed for six months, in consequence of the absence of a Queensland witness.
Thomas Largey, arraigned for wounding, with intent to do grievous bodily harm, was found guilty of unlawfully and maliciously wounding and sentenced to one month’s imprisonment, in Armidale gaol.
Alfred Dumbrell, for assault, with intent to commit a rape, was found guilty, and sentenced to two years’ imprisonment, with hard labour, in Maitland gaol.
James Sullivan was found guilty of manslaughter, and sentenced to six years on the roads. The Court is now closed, there being no civil business.
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The Sydney Morning Herald, Tue 13 Oct 1874 8
TELEGRAPHIC MESSAGES.
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Australian Associated Press Telegrams.
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ARMIDALE.
At the Circuit Court to-day,
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Monday.
Alfred Dumbrell, for assault, with intent to commit a rape, was found guilty, and sentenced to two years’ imprisonment with hard labour, in Maitland gaol.
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The Armidale Express and New England General Advertiser, Fri 16 Oct 1874 9
LOCAL INTELLIGENCE.
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Upon the termination of the Circuit Court business, on Monday, the Mayor went up to his Honor before he left the Bench, and had some conversation with him and Mr Blythe. We understand that he apprised his Honor that a Juryman had complained to him of the highly objectionable condition of the out offices in the Jury yard behind the Court House. His worship added he had for months been doing everything in his power to get the evil remedied, but without avail, and he explained the steps he had taken. His Honor promised to write to the Minister for Justice on the subject.
During the conversation we are informed that Mr Blythe (who has been acting pro Sheriff at this Circuit Court) mentioned, with reference to the out offices in the Judge’s yard, that he had paid £1 out of his own pocket rather than permit them to remain in the state they were. His Honor promised he would not lose sight of the subject, and suggested that the member for the district should also be requested to move at once in the matter.
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ARMIDALE CIRCUIT COURT.
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THIS COURT was opened on Friday last, at 10 am, by his Honor Mr Justice Faucett.
The members of the Bar present were Mr Chas James Manning, to prosecute for the Crown; Mr G Milner Stephen, and Mr GB Simpson.
In addition to the local Solicitors, Mr Williams, Crown Solicitor, and Mr Hindmarsh, of Inverell, were in attendance.
The Judge’s Associate read the proclamation against vice and immorality.
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SATURDAY.
The Court re-opened at 10 am. During a considerable portion of the day the Hon A Macalister, Premier of Queensland occupied a seat on the Bench, near his Honor.
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MONDAY.
When the Court re-opened, at 10 am, the list of Jurors who had been summoned for civil business was called over, but there being no case his Honor discharged the gentlemen who were in attendance, with the exception of those also summoned for criminal business.
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ASSAULT WITH INTENT TO
COMMIT RAPE.
Alfred Dumbrell (about 18) was indicted for having, on the 20th September last, at Inverell, assaulted Sarah Jane Whitby, with intent to commit a rape.
Prisoner pleaded not guilty, and was undefended.
The witnesses examined were Dr Skinner, prosecutrix (aged nearly 13 years), her mother Mrs Ellen Whitby, John Croft, a Chinese named John Guan, and Constable McKay.
Prisoner denied having ever seen the girl until he was in the Inverell lock-up, and his manner was rather flippant, as if believing in an acquittal.
By his wish, a statement he had made at the Inverell Police Court was read.
His Honor, in summing up, showed that if the witnesses were to be believed it was, for a case of the kind, a very strong one against prisoner.
The Jury, without leaving the box, returned a verdict of guilty.
Prisoner had nothing to say in arrest of sentence.
His Honor said he was perfectly satisfied of prisoner’s guilt. It was highly important to protect young girls while attending to their occupations in lonely places, and for his part he was determined, in any case of this kind that was proved, to put the law fully in force. He sentenced prisoner to two years in Maitland gaol, with hard labour.
He thanked the Jury, and dischaiged them.
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Glen Innes Examiner and General Advertiser, Mon 19 Oct 1874 10
ARMIDALE CIRCUIT COURT
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The sittings of the Armidale Circuit Court were commenced on Friday morning, October 9th, before his Honor Mr Justice Faucett.
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SATURDAY.
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Alfred Dumbrell, aged 18, was charged with having on the 20th September, at Inverell, attempted to commit a rape on Sarah Jane Whitby, aged 13 years. A verdict of guilty was returned, and prisoner was sentenced to two years’ hard labour in Maitland gaol.
1 The Maitland Mercury and Hunter River General Advertiser, (NSW), Sat 14 Sep 1872, pp. 2, 3. Emphasis added.
2 There is a gaol photo available, for Alfred Dumbrell, from SRNSW: NRS2138, [3/14030], Darlinghurst Gaol photographic description book, 1866-1873, No. 507, pp. 222a, 222b, R5097.
3 Evening News, (Sydney, NSW), Mon 16 Sep 1872, p. 2. Emphasis added.
4 The Newcastle Chronicle, (NSW), Sat 21 Sep 1872, p. 7.
5 The Armidale Express and New England General Advertiser, (NSW), Fri 2 Oct 1874, p. 4.
6 The Armidale Express and New England General Advertiser, (NSW), Fri 9 Oct 1874, p. 6. Emphasis added.
7 Evening News, (Sydney, NSW), Tue 13 Oct 1874, p. 2. Emphasis added.
8 The Sydney Morning Herald, (NSW), Tue 13 Oct 1874, p. 5.
9 The Armidale Express and New England General Advertiser, (NSW), Fri 16 Oct 1874, pp. 3, 6.
10 Glen Innes Examiner and General Advertiser, (NSW), Mon 19 Oct 1874, p. 3.