The Sydney Morning Herald, Wed 26 Feb 1862 1
CENTRL POLICE COURT.
Before the Police Magistrate, with Messrs Ronald, Day and Peden.
Two persons apprehended for drunkenness, being unknown to the police, were admonished and discharged.
Michael Desmond, 20 years of age, was charged with having assaulted with intent &c, Annie Story; and George Baxter, 19, was charged as an accessory.
Inspector Healey deposed that he apprehended Baxter near the Tollbar on South Head Old Road, about 10 o’clock last night; he denied the charge; about 1 o’clock this morning apprehended Desmond at a house in a lane off Crown-street, Surry Hills; he denied having been at Paddington on the previous night; but said that he had been drinking with Baxter at Bennett’s public-house near the Barracks.
Annie [Story], the wife of Sergeant Story, 12th Regiment, deposed that between eight and nine o’clock last evening she was returning from Surry Hills, and in order to avoid some water which lay on the road leading to the south-west gate, she went across the road leading to the south-west gate, she went across the green on the side of the sandhill, and passed two men lying on the grass; the prisoners are the men she saw; she had arrived within a short distance of the gate when she heard a noise like the jingle of money in a pocket, and looking over her shoulder saw a man following her; being alarmed, she quickened her pace, and the man ran after and overtook her; the prisoner Desmond is the man; he laid hold of her, and, accusing her of having robbed him, threw her down; in hope that some one in the Barracks would hear, she screamed “murder” as loud as she could, and continued to scream until he put his hand upon her mouth; she bit his hand; he removed his hand, and relaxed his hold, so that she was able to regain her feet, but before she could move away he again threw her down, and took indecent liberties; she screamed “murder” and “Story”, until he put his hand upon her mouth; she bit his finger, and he withdrew his hand, muttering “G— d— your blasted teeth,” he struck her on the face, rose to his feet, kicked her, and walked away; he did not effect his purpose; she went home and told her husband, who with her went in search of the men; found Baxter still lying in the place where she first saw him; he did not come near her, nor does she think that she could have seen Desmond illuse [sic] her, but he must have heard her screams; her husband reporter the occurrence to the police. Desmond, whose right hand was bound up, denied having ever seen the prosecutrix. Baxter said he knew nothing of it. The bench committed Desmond for trial, and discharged Baxter.
Empire, Tue 4 Mar 1862 2
The Crown Prosecutor conducted the following cases:—
Michael Desmond was indicted for unlawfully assaulting Ann Storey, with intent to commit a rape, on the 24th February last. Verdict, guilty. Sentenced to be imprisoned in Parramatta gaol, with hard labour, for eighteen months.
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The Sydney Morning Herald, Tue 4 Mar 1862 3
METROPOLITAN DISTRICT SESSIONS.
MONDAY, MARCH 3.
These sessions commenced this day with a calendar of ten cases for trial.
Before Judge Dowling.
The Crown Prosecutor conducted the following cases.
James Yarrington was indicted for stealing from the stores of Messrs Armitage and Co, on the 26th February last, one teapot, six candlesticks, and various other articles, the property of the said firm. Verdict, guilty. Sentenced to be imprisonment in Parramatta gaol, with hard labour, for nine months.
Michael Desmond was indicted for unlawfully assaulting Ann Storey, on the 24th February last, with intent. Verdict, guilty. Sentenced to be imprisoned in Parramatta gaol with hard labour, for eighteen months.
1 The Sydney Morning Herald, Wed 26 Feb 1862, p. 4. Emphasis added.
2 The Sydney Morning Herald, Tue 4 Mar 1862, p. 2.
3 The Sydney Morning Herald, Tue 4 Mar 1862, p. 2. Emphasis added.