The Armidale Express and New England General Advertiser, Fri 27 Jan 1893 1
NEWS OF THE DAY.
INVERELL.—The Salvation Army held special services at the barracks on Monday night last, when Adjutant and Mrs Dennis, from Armidale, were present. There was a large congregation present, and some forceful testimonies were given both by officers and soldiers.—During last year the Oddfellows’ Lodge, Inverell, paid away £137 7s. 5d. For medicines and medical attendance, £30 odd for sick pay to members, and £5 distress gift, still there was a surplus for the year of £115 1s. 4d. There are 131 members good on the books, and the credit balance at the Commercial Bank stands at £912 5s. 5d.—The [Inverell] Court of Quarter Sessions was opened at 10 am on Monday, presided over by His Honor Judge Fitzhardinge. The Deputy Sheriff announced, that there were no Criminal cases for trial, and proceeded, according to time honoured custom, to present the presiding Judge with a pair of white gloves. His Honor expressed his satisfaction to see that there was once more a “clean sheet,” and hoped this would not be the last occasion when the Deputy Sheriff would have to make a similar presentation.— During the hearing of a case in the Police Court on Monday last, Mr Cookson, of the Imperial Hotel, informed the Bench that while he lost, every Sunday, about £6 by complying with the Act in keeping his bar closed, he noticed that more drunken men were knocking about the streets on that day than any other day.
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The Armidale Express and New England General Advertiser, Tue 31 Jan 1893 2
ARMIDALE QUARTER SESSIONS.
FRIDAY, JAN. 27.
(Before his Honor Acting Judge Coffey.)
The bar was represented by Messrs Browning (Crown Prosecutor), Garland, Mocatta, Kent, and Liebius, and the solicitors present were Messrs Simpson, Kearney, McDonald, McPhail, Clapin, and Bonnar.
Michael Kelleher, an old man about 60 years of age, was charged with indecently assaulting a lad named Herbert McFadden [aka Herbert McFyden ; Herbert McFayden ].
The prisoner, who was undefended, pleaded not guilty, and the following jury were empannelled: [sic] JP McKinlay (foreman), JM Duncan, EG Wakeford, W Miller, R Allingham, G Bliss, HW Pearson, C Howe, D Fraser, BG Dawson, J Rogerson, and WJ Moore.
Constable [Thomas] Blood, deposed to arresting the accused, who said he had only been down the street to the bridge, and had never put his hands upon the boy. He said he was not right in his head, and was not accountable for his actions when there was a full moon. Accused denied being near the spot indicated in the charge.
Herbert McFadden, a lad 10 years of age, who, not knowing the nature of an oath, made a declaration, and gave evidence to the effect that as he was coming home from school one afternoon in November, he was accosted by the accused, who took him under a bridge and committed the offence complained of.
GE Ratcliffe, a little fellow who had to be accommodated with a chair to enable him to see over the top of the witness box, gave evidence.
William Coucom, a lad 7 years of age, who also made a declaration, identified the accused as the man he saw take Herbert McFadden under the bridge.
Sarah Burrows, married sister of Herbert McFadden, deposed that Herbert came home on the evening in question and made a complaint, and, from an examination made on the following evening, certain stains were found on his clothes.
Martha McFadden, mother of Herbert McFadden, corroborated the last witness.
Ernest McFadden, a lad of 12 years of age, also gave evidence.
Accused [Michael Kelleher] made a statement to the effect that it was a made up affair, as the parties had a down on him. He denied ever having committed the offence. He had lived in the district 30 years, and no one could ever say he did a wrong thing.
Four witnesses were called for the defence, but no evidence was given with reference to the date on which the offence was alleged to have been committed.
His Honor having summed up, the jury, after a short deliberation, returned a verdict of guilty.
In answer to his Honor, Senior Sergeant Rafferty said he had known the accused for about 25 years, and there was nothing against him beyond that he used to drink to excess. He was remanded for sentence.
SATURDAY, JANUARY 28.
Michael Kelleher was called up for sentence.
Dr [George] Wigan, Government Medical Officer, deposed that he had examined the accused as to his sanity. He certainly was eccentric, but knew well the difference between right and wrong.
The accused was sentenced to 18 months’ hard labour.
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Evening News, Tue 31 Jan 1893 3
ARMIDALE QUARTER SESSIONS.
Michael Kelleher, convicted of committing an indecent assault on boy, was sent to Armidale gaol for 18 months.
1 The Armidale Express and New England General Advertiser, Fri 27 Jan 1893, p. 4. Emphasis added.
2 The Armidale Express and New England General Advertiser, Tue 31 Jan 1893, p. 4. Emphasis added.
3 Evening News, (Sydney, NSW), Tue 31 Jan 1893, p. 6.