The Wagga Wagga Advertiser, Sat 29 Mar 1890 ¹

WAGGA POLICE COURT.
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THURSDAY, MARCH 27.
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(Before the Police Magistrate.)

INDECENT ASSAULT.

    David Hurley, charged with assaulting one James Smith with intent to commit an indecent offence was committed for trial at the Circuit Court, to be held on the 3rd April, at Wagga

VAGRANCY.

    James Smith charged with having no lawful visible means of support, was discharged.

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FRIDAY, MARCH 28.
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(Before the Police Magistrate.)

BREACH OF MUNICIPAL BY-LAWS.

    Michael John Seckold was prosecuted by the Inspector of Nuisances, on a charge of having no lights on his vehicle after dark, thereby committing a breach of the Municipal by-laws. A fine of 5s, with 4s 10d costs was imposed.

    William Collins, on a similar charge, was fined £1 and 4s 10d costs.

WAGES CASE.

    Wm Homann v. Evan Dublede, wages £25. In this case a fresh summons was ordered to be issued through the constable who served the summons not being in attendance. The constable forwarded an affidavit, but this was not sufficient to meet the requirements of the law.

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The Wagga Wagga Advertiser, Thu 3 Apr 1890 ²

…
    The Circuit Court for Wagga will be opened this morning by His Honor Mr Justice Windeyer. There are only two cases set down for hearing—Daniel Hurley, assault, and Francis Kelly, deserting his children.

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The Sydney Morning Herald, Fri 4 Apr 1890 ³

THE WAGGA ASSIZES.
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(By Telegraph.)
(From Our Correspondent.)
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Wagga, Thursday.

    The Court of Assizes was held here to-day, before Mr Justice Windeyer. Only two cases were called, and the business of the Court was transacted in less than three hours. Mr CJ Forster prosecuted for the Crown. Daniel Hurley, 72 years of age, was charged with assaulting James Smith at Wagga, on the 26th march. The accused pleaded not guilty, and was undefended. Constable Wilson and Smith, who is 19 years of age, were the only witnesses called. The jury found a verdict of guilty. His Honor taking into consideration the fact that accused was an old man, sentenced him to two years hard labour in Goulburn gaol.

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The Wagga Wagga Advertiser, Sat 5 Apr 1890 ⁴

WAGGA CIRCUIT COURT. ⁵
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The April sittings of the Circuit Court in Wagga, was opened on Thursday by his Honor Mr Justice Windeyer, who was accompanied on this occasion by the Sheriff of New South Wales, Mr Cowper.
    Mr TCJ Foster handed in his commission to act as Crown Prosecutor.
    There were only two criminal cases set down for trial, and it was stated that all the civil actions had been settled out of Court.

CRIMINAL ASSAULT.

    Daniel Hurley, an old man was indicted for committing an unnatural offence, upon a youth named James Smith, at Wagga, on the 26th March. There was also another count, charging him with an attempt to commit the offence.

    The prisoner, who was undefended, pleaded not guilty.

    The evidence of Constable Wilson proved that prisoner and Smith had been drinking in Wagga on the night in question, and went to Hurley’s camp together. He followed them there, and heard the old man making use of criminal language, which was resented by the youth. He also heard struggling in the tent.

    [James] Smith gave evidence, which clearly established the prisoner’s criminality.

    The jury returned a verdict of guilty on the second count.

    His Honor commented on the heniousness [sic] of the offence, and sentenced the prisoner to two years’ imprisonment with hard labor in Goulburn gaol. If it had not been for the age of the prisoner the sentence, his Honor said, would have been a much heavier one.

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Daniel Hurley, Gaol photo sheet ⁶ 

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Gaol Photo Sheet - Transcribed Details

No. 715
Goulburn

Date when Portrait was taken: 20 May 1890

Name: Daniel Hurley

Native place: Ireland Year of birth: 1818 Arrived       Ship: Sovereign in Colony }   Year: 1837 Trade or occupation previous to conviction  } Cook Religion: RC Education, degree of: R & W Height: 5' 4" Weight     On committal: 9 stone 10 lbs in lbs     } On discharge: Colour of hair: Grey Colour of eyes: Blue Marks or special features: Burns on back. Big toe smashed on left foot. Tattoo marks on right arm obliterated

Where and when tried: Wagga Wagga CC 3rd April 1890 Offence: Attempt at Buggery Sentence: 2 years HL   Remarks:—[Discharged By Remission 2.12.1891]

(No. of previous Portrait ... )  PREVIOUS CONVICTIONS
Where and When				Offence.	Sentence
				None recorded

 

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¹   The Wagga Wagga Advertiser, Sat 29 Mar 1890, p. 2. Emphasis added.

²   The Wagga Wagga Advertiser, Tue 3 Apr 1890, p. 2. Emphasis added.

³   The Sydney Morning Herald, Fri 4 Apr 1890, p. 5. Emphasis added.

⁴   The Wagga Wagga Advertiser, Sat 5 Apr 1890, p. 2. Emphasis added.

⁵   Depositions (9/6794) for this case could not be located at SRNSW.

⁶   SRNSW: NRS2232, [3/5969A], Goulburn Gaol photographic description book, Dec 1884-May 1890, No. 715, p. 281, R5119.

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