The Sydney Morning Herald, Fri 13 Feb 1874 1
CENTRAL POLICE COURT.
THURSDAY.
Before Messrs Thompson, Penfold, Smithers, Love, Solomon, Lester, and Wynne.
…
John Healy [sic], a person of apparently from 60 to 70 years of age, charged with having criminally assaulted Emma Davis, a child of about ten years of age, was committed for trial at the Criminal Court. The prosecution was conducted by Mr Roberts, and the defence by Mr Buchanan, instructed by Mr Greer. Bail allowed in £80, with two sureties in £40 each.
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Empire, Wed 25 Feb 1874 2
CENTRAL CRIMINAL COURT.—Tuesday.
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(Before his Honor Sir James Martin,
Chief Justice.)
Mr WJ Foster prosecuted for the Crown.
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INDECENT ASSAULT.
John Healey, a man upwards of 70 years of age, was charged with having, on the 10th of February instant at Pyrmont, unlawfully and indecently assaulted one Emma Davies, a girl of the age of 14 years.
Under a second count, prisoner was charged with having unlawfully assaulted and beaten the said Emma Davies.
Mr Buchanan, instructed by Mr James Greer, defended the prisoner.
The alleged assault, which was committed near to the Scots Church, Pyrmont, was deposed to by the little girl Emma Davies, and her evidence supported by her sister, her brother-in-law, Mrs Higgins, and other witnesses.
Several witnesses were called for the defence, not with reference to the alleged offence, but with reference to character, and they testified that prisoner had always borne a good character for honesty, respectability, and morality.
A number of witnesses testified that his moral character was very bad, and that he had frequently been guilty of misconduct with children.
Mr Buchanan made a lengthy address to the jury, and the Crown Prosecutor replied.
His Honor summed up, and the jury, after nearly an hour’s consideration, found a verdict of an indecent assault, with a strong recommendation to mercy.
Prisoner, when asked if he had anything to say why sentence should not be passed upon him, said that he had been thirty-five years in the colony, and had never been charged with any offence before a court of justice. He solemnly declared that he was innocent of the crime.
His Honor sentenced him to be imprisoned in Darlinghurst gaol for six months.
The court then, at a quarter-past 6 o’clock, adjourned until 10 o’clock to-morrow morning.
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Evening News, Wed 25 Feb 1874 3
CRIMINAL COURT.
————
In the following cases Mr GM Stephen prosecuted for the Crown.
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INDECENT ASSAULT.
John Healey, a man upwards of 70 years of age, was charged with having, on the 10th of February instant, unlawfully and indecently assaulted one Emma Davies, a girl of the age of 14 years.
Under a second count prisoner was charged with having unlawfully assaulted and beaten the said Emma Davies.
Mr Buchanan, instructed by Mr James Greer, defended the prisoner.
The alleged assault, was deposed to by the little girl Emma Davies, and her evidence was supported by her sister, her brother-in-law, Mrs Higgins, and other witnesses.
Several witnesses were called for the defence, not with reference to the alleged offence, but with reference to character, and they testified that prisoner had always borne a good character for honesty, respectability, and morality.
A number of witnesses testified that his moral character was very bad, and that he had frequently been guilty of misconduct with children.
Mr Buchanan made a lengthy address to the jury, and the Crown Prosecutor replied.
His Honor summed up, and the jury after nearly an hour’s consideration, found a verdict of an indecent assault, with a strong recommendation to mercy.
Prisoner, when asked if he had anything to say why sentence should not be passed upon him, said that he had been thirty-five years in the colony, and had never been charged with any offence before a court of justice. He solemnly declared that he was innocent of the crime.
His Honor sentenced him to be imprisoned in Darlinghurst gaol for six months.
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The Sydney Morning Herald, Wed 25 Feb 1874 4
CENTRAL CRIMINAL COURT.
TUESDAY.
BEFORE his Honor Sir James Martin, Chief Justice.
Mr G Milner Stephen appeared as Crown Prosecutor.
…
INDECENT ASSAULT
John Heely [aka Healey], an aged man, was charged with indecently assaulting a female child age 14 years on the 10th instant.
The prisoner, who pleaded not guilty, was defended by Mr Buchanan, instructed by Mr Greer.
After the evidence on the part of the Crown, a large number of respectable persons (chiefly residents at Pyrmont) gave the accused an excellent character. Witnesses, on the part of the Crown, contradicted this favourable testimony. Verdict: Guilty on the first count, but strongly recommended to mercy.
The sentence of the court was that the prisoner be imprisoned in Darlinghurst gaol, and there kept to hard labour for six calendar months.
The Court adjourned at 10 minutes past six o’clock, until the following day, Wednesday, the 25th of February, at 10 am.
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The Sydney Morning Herald, Thu 26 Feb 1874 5
CENTRAL CRIMINAL COURT.
WEDNESDAY.
BEFORE his Honor Sir James Martin, Chief Justice.
The Attorney-General (Mr Innes) prosecuted for the Crown.
…
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ERRATUM.—The sentence in the last case [John Healey] tried on Tuesday was six months’ imprisonment only; not six months’ imprisonment, “with hard labour.” the prisoner is a very old man.
1 The Sydney Morning Herald, Fri 13 Feb 1874, p. 3.
2 Empire, Wed 25 Feb 1874, p. 4. Emphasis added.
3 Evening News, (Sydney, NSW), Wed 25 Feb 1874, p. 3. Emphasis added.
4 The Sydney Morning Herald, Wed 25 Feb 1874, p. 7.
5 The Sydney Morning Herald, Thu 26 Feb 1874, p. 7.