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Newcastle Morning Herald and Miners’ Advocate, Wed 10 Jan 1906 1

NEWCASTLE POLICE COURT.
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Tuesday, January 9.
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(Before Mr GF Scott, SM.)
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ALLEGED ASSAULT.

    Simeon Joseph Engleburg [sic] was charged with improperly assaulting Reidar Gronnevald [sic] on the British ship Glenmark, upon the high seas on November 25th, 1905. Mr WA Reid appeared for accused, and Mr J Windeyer for the prosecution. After lengthy evidence had been taken, an adjournment was granted until the following day.

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Newcastle Morning Herald and Miners’ Advocate, Thu 11 Jan 1906 2

NEWCASTLE POLICE COURT.
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Wednesday, January 10.
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(Before Mr GF Scott, SM.)
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SERIOUS CHARGE.

    The hearing of a charge of assault on the high seas against Simon Joseph Englenburg was continued. Mr J Windeyer appeared for the prosecution, and Mr WA Reid for the defence. At the conclusion of the evidence, accused pleaded not guilty, reserved his defence, and was committed for trial at the Quarter Sessions, to be held in Newcastle on February 5th. Bail was allowed, self in £80, and two sureties of £40.

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Newcastle Morning Herald and Miners’ Advocate, Tue 6 Feb 1906 3

QUARTER SESSIONS COURT.
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    The February sitting of the Newcastle Court of Quarter Sessions opened yesterday at the Newcastle Courthouse. His Honor, Judge Fitzhardinge, presided, and Mr J Armstrong, KC, was Crown Prosecutor. Mr HH Lang was Deputy Sheriff, and Mr JH Hassall Deputy Clerk of the Peace.

    Dr Walter Fisher, of Weston, was sworn in as a justice of the peace.

ALLEGED SERIOUS OFFENCE.

    Simon Joseph Engleberg [aka Engelenburg] pleaded not guilty to an indictment charging him with having committed a serious offence on board the British vessel Glenmark, on the high seas, on 25th November, 1905. He was defended by Mr WJ Curtis, instructed by Mr WA Reid. Accused challenged two jurymen. Evidence was given by Ruyter [aka Reidar or Reider] Gronnevald [aka Gromevald], a youth who had first made the accusation against Engleberg; by the captain, a member of the crew, and Senior-constable Olsen. Accused made a statement and denied that there was any truth in the charge against him. The jury, after a retirement of a few minutes, returned a verdict of not guilty, and Engleberg was discharged.

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The Age (Queanbeyan), Tue 20 Feb 1906 4

A JUDGE CENSURED.
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ACCORDING to Judge Fitzhardinge, the possession by a person of pure aboriginal blood is a bar to the spirituality capable of feeling the workings of conscience, or recognising the divine sacredness of truth. That, at any rate, would seem to be the case. The Judge presided over recent Quarter Sessions at Newcastle, when a man named John Smith was charged with maliciously wounding a horse. One of the principal witnesses against him was a black-tracker named James Landsbury, and as that person approached the box his Honor concluded that he was a pure-bred aboriginal, and, therefore, “incompetent to take an oath in the usual way.” He did not deem it necessary to make an inquiry, but instructed the Court attendant not to swear the tracker, who was requested, as a substitute for the usual solemnity, to make a declaration to tell the truth in a form which the Chief Justice says is unknown to the law. The facts were, it appears, that Landsbury spoke as good English as any other witness in the case, and that in the lower Court he was able to sign his deposition after he had given his evidence on oath. When the matter was brought before the Full Court it was held that Judge Fitzhardinge had made a very great mistake, which had resulted in a gross mistrial, and the conviction of John Smith, which had followed the trial, was forthwith squashed.

 


1     Newcastle Morning Herald and Miners’ Advocate, Wed 10 Jan 1906, p. 7.

2     Newcastle Morning Herald and Miners’ Advocate, Thu 11 Jan 1906, p. 3.

3     Newcastle Morning Herald and Miners’ Advocate, Tue 6 Feb 1906, p. 7.

4     The Age (Queanbeyan), Tue 20 Feb 1906, p. 2.