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1897, John Frederick Darling - Unfit For Publication
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John Frederick Darling, 1896

Below also see: John Frederick Darling, 1897

 

Riverina Recorder, Wed 2 Sep 1896 1

BALRANALD POLICE COURT.
———◦———

Thursday.

(Before CE Oslear, Esq, PM, and J
Tyson, Jr, Esq, JP.)

LARCENY.

    John Frederick Darling was charged with the larceny of two bottles of cordials from the Balranald Hotel on the 26th August. He pleaded not guilty.

    Senior-constable Curry stated that from information received he and Constable Moody arrested accused whom they found lying in a hollow log on the south side of the river, and brought him to the lock-up.

    Mary Jane Murphy stated that accused was in her house the previous evening about 8.30 with two others. She called one of the girls, and a few minutes afterwards heard the trap door in the bar moved; went into the bar and saw no one about, but missed two bottles of cordials which were there a quarter of an hour previously. There was no necessity for accused to go near the trap door to get out; did not authorise anyone to take the bottles, which were valued at 8s; heard accused and others talking about the police and getting into trouble the same afternoon; accused only had half a glass of beer in her house for which he did not pay.

    Annie Harvey, a servant at the Balranald Hotel, stated that after hearing the trap door move she went into the bar and saw accused standing near the window with his arms folded close to his coat; accused left and came out of a little back gate a few minutes afterwards, and went to Bowden’s store; he did something there and came back to the hotel; after being refused a shake down by Mrs Murphy he went bak to the spot near Bowden’s where he had been before, picked up something and went down the road, his mates following him.

    Ellen Lopas corroborated the evidence of the last witness, and was certain that the bottles were missing from the bar.

    Accused was found guilty, and sentenced to 2 months’ hard labor.

 


 

 

John Frederick Darling, 1897

Riverina Recorder, Wed 28 Oct 1896 2

BALRANALD POLICE COURT.
———◦———
(Before the Police Magistrate.)

Tuesday.


    John Joseph [sic] Darling was charged with drunkenness and assaulting the police. Accused had only came out of gaol on Monday, and, according to the evidence of Senior-Constable Curry and Constable Moodie, [sic] had made up for his late incarceration by immediately committing several worse misdemeanours. The PM sentenced him to six months hard labor in the Hay gaol and told him that if he ever came before him again he would give him 25 strokes of the cat.

    The accused Darling was also charged bestiality. Senior- Constable Curry and Constable Moodie gave evidence against accused which is unfit for publication, and the Bench committed the accused to take his trial at the next Hay Circuit Court.

~ ~ ~ ~ ~

The Riverine Grazier, Fri 12 Feb 1897 3

HAY QUARTER SESSIONS.
———✦———

    A Court of General and Quarter Sessions was opened this morning before His Honor, Judge Merewether. Mr Lamb appeared as Crown Prosecutor.

ALLEGED UNNATURAL OFFENCE.

    John Frederick Darling was charged with committing an abominable offence, [bestiality with a calf], at Balranald on the 26th October last.

    The accused pleaded not guilty.

    All females, and youths under twenty-one years of age, were ordered to leave the court.

    The Crown Prosecutor explained the circumstances of the case and stated that if the jury were not satisfied that the whole offence had been committed, they coud [sic] find the accused guilty of an attempt.

    Senior Constable Curry, stationed at Balranald gave evidence as to the aleged [sic] offence. After the arrest, as witness was putting accused into the lockup accused bit him over the face and struck him.

    Cross-examined by accused: Witness and accused had a few words on the day the offence was alleged to have been committed. He did not say to accused or to anyone else that he would get accused two years.

    Constable Moody stated that accused was brought to the Balranald lockup by the last witness at 7.50pm.

    Dr GP Kelly, of Balranald, gave technical evidence of a material character, and was examined by His Honor, and cross-examined at length by the accused.

    The accused [John Frederick Darling] gave evidence on his own behalf. He said that he assisted to drink a bottle of rum on the day in question and got the worse for liquor. He was in the act of looking for his swag when Constable Currie [sic] came across him.

    His Honor summed up at length, and the jury retired to consider their verdict. Still considering.

~ ~ ~ ~ ~

The Hay Standard and Advertiser for Balranald, Wentworth, Maude, Booligal, Wilcannia, Menindie, Bourke, &c, Sat 13 Feb 1897 4

QUARTER SESSIONS.
———

    This court opened on Friday, before his Honor Acting-Judge Merewether. Mr Lamb prosecuted for the Crown. The solicitors present were Messrs C Alexander, SP Kemp, T Pearce, EW Wilkinson, and O Robertson.

UNNATURAL OFFENCE.

    John Frederick Darling was charged with having, at Balranald, on the 26th of October, 1896, committed an unnatural offence.

    The prisoner pleaded not guilty and was undefended.

    Mr Lamb stated the case to the jury, and said it was a most disgusting one. If they did not find him guilty of the offence they would find him guilty of an attempt. Constable Currie found the prisoner in a yard, and took him to the lock up, and on the way the prisoner struggled violently.

    Senior constable Currie, stationed at Balranald said he was out for a walk, and on returning he heard a noise in his yard and went over, and there found the prisoner: witness asked him what he was doing there, and caught hold of him and took him through the rails of the fence to the lock-up; on the way prisoner said “you won’t put this against me;” just as we got to the lock-up prisoner said if he got me in a quiet place he would do for me; he then said “I’ll do for you now,” and made several blows at me; while being locked up he caught witness by the throat, and hit him over the face and forehead. The prisoner had only been discarged [sic] from the gaol on the 26th of October. When put into the lock-up the prisoner had some blood on his face. Prisoner had a few words with witness that day as he passed the gate, but did not say that he would get the prisoner ten years.

    Constable Moodie, acting gaoler and lock-up keeper at Balranald, stated that the prisoner was brought to the lock-up and charged with “messing about” with a calf. The day after the offence a man named Dawson came to see prisoner and said they had put the prisoner’s swag on on [sic] to a cart, and asked the man to drop it over the bridge; prisoner was very violent and shoved Currie’s head through a window. The prisoner had had drink.

    Dr Kelly having been examined, the accused went into the box and stated that on the 26th of October he asked Constable Musgrave to put his swag inside the barrack’s gate, and subsequently went for it; but was then under the influence of drink. In the evening he went back to look for his swag, and when he could not find it, he called to Currie, but not getting any reply he went through the gate into the yard where the cow was, and was there when Constable Currie came up.

    The prisoner was cross-examined by Mr Lamb, and he then addressed the jury. His Honor went over the evidence.

    Up to the time we went to press the jury had not agreed.

~ ~ ~ ~ ~

The Riverine Grazier, Tue 16 Feb 1897 5

HAY QUARTER SESSIONS.
———✦———
(Continued from Friday’s Grazier.)

    The following is the report of the proceedings at the Quarter Sessions from 4pm yesterday to 10 this morning.

——

    In the case of John Frederick Darling, the jury, after a long retirement, found accused guilty of an attempt.

    The police records showed that accused had been sentenced to two months for larceny at Balranald on the 27th August last; and on 27th October six months for assaulting the police at the same town, which sentence he was now undergoing.

    In reply to his Honor, who said that he concurred with the verdict of the jury,

    Darling said that when he was a child he received a sunstroke, and it effected [sic] him when he took drink. He asked that he might be dealt mercifully with, as he had a wife and child. He felt the shamefulness of the charge.
His Honor said that although prisoner had been in trouble before, he had references as to good character, and was industrious. He would take that into consideration and would deal mercifully with him. Prisoner was sentenced to twelve months’ hard labor in Hay gaol.

~ ~ ~ ~ ~

The Hay Standard and Advertiser for Balranald, Wentworth, Maude, Booligal, Wilcannia, Menindie, Bourke, &c, Wed 17 Feb 1897 6

QUARTER SESSIONS.
———

    The Court opened at half-past nine on Saturday.

    John Frederick Darling, found guilty of an attempt to commit an unnatural offence.
    The prisoner said when a child he had a sunstroke and when he took drink it seriously affected him.
    His Honor sentenced the prisoner to twelve months in Hay gaol.
    Frederick Siedenburg, found guilty of receiving a calico sign knowing it to be stolen, was sentenced to three months, but was released under the First Offenders Act being bound over in £20, and two sureties of £10 each.

~ ~ ~ ~ ~

Riverina Recorder, Wed 17 Feb 1897 7

HAY QUARTER SESSIONS.
———◦———

ALLEGED UNNATURAL OFFENCE.

    John Frederick Darling was charged with committing an abominable offence at Balranald on the 26th October last.

    The accused pleaded not guilty.

    All females, and youths under twenty-one years of age, were ordered to leave the court.

    The Crown Prosecutor explained the circumstances of the case and stated that if the jury were not satisfied that the whole offence had been committed, they could find the accused guilty of an attempt.

    Senior Constable Curry, stationed at Balranald gave evidence as to the alleged offence. After the arrest, as witness was putting accused into the lockup accused bit him all over the face and struck him.

    Cross-examined by accused: Witness and accused had a few words on the day the offence was alleged to have been committed. He did not say to accused or to anyone else that he would get accused two years.

    Constable Moody stated that accused was brought to the Balranald lockup by the last witness at 7.50 pm.

    Dr JP Kelly, of Balranald, gave technical evidence of a material character, and was examined by His Honor and cross-examined by the accused.

    The accused gave evidence on his own behalf. He said that he assisted to drink a bottle of rum on the day in question, and got the worse for liquor. He was in the act of looking for his swag when constable Curry came across him.

    His Honor summoned at length, and the jury after a long retirement, found accused guilty of an attempt.

    The police records showed that accused had been sentenced to two months for larceny at Balranald on the 28th August last; and on 27th October six months for assaulting the police at the same town, which sentence he was now undergoing.

    In reply to his Honour, who said that he concurred with the verdict of the jury.

    Darling said that when he was a child he received a sunstroke, and it effected him when he took drink. He asked that he might be dealt with mercifully, as he had a wife and child. He felt the shamefulness of the charge.

    His Honour said that although prisoner had been in trouble before, he had references as to good character, and was industrious. He would take that into consideration and would deal mercifully with him. Prisoner was sentenced to twelve months’ hard labor in Hay gaol.

 


1     Riverina Recorder, (Balranald, Moulamein, NSW), Wed 2 Sep 1896, p. 3. Emphasis added.

2     Riverina Recorder, (Balranald, Moulamein, NSW), Wed 28 Oct 1896, p. 2. Emphasis added.

3     The Riverine Grazier, Fri 12 Feb 1897, p. 2. Emphasis added.

4     The Hay Standard and Advertiser for Balranald, Wentworth, Maude, Booligal, Wilcannia, Menindie, Bourke, &c, Sat 13 Feb 1897, p. 3. Emphasis added.

5     The Riverine Grazier, Tue 16 Feb 1897, p. 4.

6     The Hay Standard and Advertiser for Balranald, Wentworth, Maude, Booligal, Wilcannia, Menindie, Bourke, &c, Wed 17 Feb 1897, p. 2. Emphasis added.

7     Riverina Recorder, (Balranald, Moulamein, NSW), Wed 17 Feb 1897, p. 2. Emphasis added.