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1908, Henry Wallace - Unfit For Publication
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The Sydney Morning Herald, Fri 3 Apr 1908 1

LAW NOTICES.
———
Friday, April 3.

CROWN PROSECUTORS.

    The list of Crown prosecutors at Circuit Court, to be held during April is as follows:—Mr Walter Bevan, Broken Hill, April 6; Mr Cornelius Delohery, Maitland, April 7; Mr James Moriarty, Dubbo, April 8; Mr Harold Sprent Nicolas, Hay, April 8; Mr James Young, Grafton, April 10; Mr Henry Normand MacLaurin, Albury, April 14; Mr Broughton Barnabas O’Connor, Armidale, April 24; Mr Edmund Alfred Barton, Goulburn, April 28.

~ ~ ~ ~ ~

The Albury Daily News and Wodonga Chronicle, Mon 13 Apr 1908 2

ALBURY CIRCUIT COURT.
———✦———
LIST OF CASES.

    The Albury Circuit Court commences at the local Court House to-morrow morning, at 10 o’clock, before his Honor Mr Justice GB Simpson. Associated with the Judge will be Mr WKS Mackenzie, Cler of Arraigns. Mr Henry Normand McLaurin will act as Crown Prosecutor. Following is the list of criminal cases set down for hearing:—

    Patrick John Byrne, horse stealing and receiving, from Corowa.

    John McMahon, horse-stealing (two charges), from Tumbarumba.

    Alexander Lamont McLeod and Bernard McGarry, attempting an unnatural offence, both from Mullengandra.

    Henry Wallace, attempting an unnatural offence, from Albury.

———

    It is understood that a divorce case from Corowa will be the only civil case for hearing.

~ ~ ~ ~ ~

The Border Morning Mail and Riverina Times, Mon 13 Apr 1908 3

AN UNNATURAL OFFENCE.
———◦———
ACCUSED COMMITTED FOR TRIAL.

    At the Albury Police Court on Saturday, before the PM, a man named Henry Wallace, 26, describing himself as a laborer, was charged with having committed an unnatural offence on April 11.

    Detailed evidence was given by Constable [Arthur Waldemar] Stalling, who arrested accused, and also by Constable [George Henry] Newton. The evidence is unfit for publication and the court with closed doors.

    The bench committed the accused for trial at the Circuit Court at Albury on April 14, the two constables being bound over also to appear. No application was made for bail.

~ ~ ~ ~ ~

The Albury Daily News and Wodonga Chronicle, Tue 14 Apr 1908 4

ALBURY CIRCUIT COURT.
————

    The Albury Circuit Court opened this morning, before His Honor Mr Justice GB Simpson. Mr WKS Mackenzie acted as Associate and Clerk of Arraigns; and Mr Henry Normand McLaurin as Crown Prosecutor.

    Dr Andrews, Deputy Sheriff, occupied a seat on the Bench.

BESTIALITY.

    Henry Wallace pleaded guilty to a charge of bestiality against the order of Nature [with a “… red cow …”]. Accused said he was drunk at the time.

    Major Wilkinson appeared for accused, and said he had advised him to plead guilty. He wished to call evidence of character.

    Accused interjected that he did not know what he was doing.

    Herbert Felstead, cab proprietor said he had known accused about five or six years. He saw him a little after 12 o’clock on Friday night in David-street. Accused spoke to witness when he (witness) first came out of his gate. Witness lit a cigarette, and asked Wallace to take one. He did so, but was that intoxicated that he could not light it. Accused informed witness he had been having wine. He pulled out a beer bottle and asked witness to have some. Witness took a mouthful, and it was too “hot” for him. (Laughter).
His Honor: Stop that noise. I will not allow laughter in this court. This is a serious matter; we are not engaged in a comedy or a circus. I would be very glad if the people would not laugh.

    Witness, continuing, said he handed the bottle back, and Wallace drank its contents off in two mouthfuls, then throwing the bottle away. Witness had always known accused as a very nice young fellow up till the present.

    John Francis Maloney, draper and mercer, Albury, stated he was also a Justice of the peace. He had known accused from boyhood. Apart from this case he had never heard anything against his character. He had always been a hard-working and industrious man, when sober. His father and brothers were all respectable people.

    Major Wilkinson asked that prisoner be dealt with under the First Offenders’ Act , on the ground that at the time Wallace attempted to commit the offence he was mentally irresponsible for what he was doing.

    Accused was remanded for sentence.

~ ~ ~ ~ ~

The Albury Daily News and Wodonga Chronicle, Wed 15 Apr 1908 5

ALBURY CIRCUIT COURT.
———✦———


    At about 6 o’clock His Honor announced that no more business would be taken that night. The jury in the Tumbarumba horse-stealing case were still locked-up, and there appeared no prospect of them agreeing that night.

    The prisoners in the dock, viz, Henry Wallace, McMahon and Byrne, were then removed to the cells. His Honor said he would not pass sentence on Byrne and Wallace till to-day.

———
TO-DAY’s PROCEEDINGS.

SENTENCES.


    Henry Wallace was called. His Honor said he could not accept the view that Wallace was as drunk as he made out. The depositions showed that he could not have been as bad as Major Wilkinson suggested. Prisoner had suffered, no doubt, a great deal. It was a dreadful thing to him. If people get drunk to excess, they must remember that drunkenness was no excuse and no palliation for crime. Had prisoner not given way to drink, he would not have done what he had, no doubt. Prisoner was sentenced to six months’ imprisonment with hard labor in Goulburn Gaol.

~ ~ ~ ~ ~

The Border Morning Mail and Riverina Times, Wed 15 Apr 1908 6

ALBURY CIRCUIT COURT.
———✦———
FIRST DAY.

    The Albury Circuit Court commenced its sittings yesterday, before Mr Justice GB Simpson. Mr Henry Normand McLaurin acted as Crown Prosecutor; Mr AE Hayes represented the Crown solicitor; Mr WKS Mackenzie, Judge’s Associate; and Dr Andrews as Deputy Sheriff.

    Arthur Phillips and WA Chamberlin were excused as jurors.

UNNATURAL OFFENCE.

    Henry Wallace was charged with having on April 10, 1908, at Albury, attempted to commit an unnatural offence.

    Prisoner pleaded guilty and said that he was so drunk he did not know what he was doing.

    Major Wilkinson said he wished to call evidence as to character, and to the state of intoxication to which accused had reduced himself.

    Herbert Felstead, cab proprietor, Albury, deposed that he had known prisoner for 5 or 6 years. On Friday night at 12 o’clock saw prisoner in David-street. Prisoner was so drunk that he could not light a cigarette which witness gave him. Prisoner asked witness to have a drink, pulling out a beer bottle full of wine. Witness tried a mouthful but it was “too hot” for him. (Laughter.) Handed the bottle back to the prisoner, who then drank it in two mouthfuls. Had always found him steady and industrious. Prisoner was a bricklayer’s laborer.

    John Francis Maloney, JP, draper, of Albury, deposed that he had known prisoner from boyhood—about 25 years. He had always borne a good character and was hardworking when sober.

    Major Wilkinson then addressed His Honor, stating that the evidence showed that prisoner had reduced himself to a state of madness and was at the time mentally irresponsible. He asked that he be dealt with under the First Offenders’ Act .

    His Honor intimated that he would defer sentence and would read the depositions.

~ ~ ~ ~ ~

The Border Morning Mail and Riverina Times, Thu 16 Apr 1908 7

ALBURY CIRCUIT COURT.
———✦———
SECOND DAY Day.

    The Albury Circuit Court continued its sittings yesterday before Mr Justice GB Simpson. Mr Henry Normand McLaurin acted as Crown Prosecutor; Mr AE Hayes represented the Crown solicitor; Mr WKS Mackenzie, Judge’s Associate and Dr Andrews as Deputy Sheriff.

SENTENCES.


    In the case of Henry Wallace, who pleaded guilty to having attempted to commit an unnatural offence, his Honor said that he could not accept the view put forward by prisoner’s counsel that he was so drunk he did not know what he was doing. He was afraid the witness had somewhat exaggerated Wallace’s state of intoxication, perhaps unintentionally. Prisoner had no doubt suffered severely by the mere fact of such an abominable charge having been brought against him. However, if people would drink to excess and commit offences when drunk, intemperance was no palliation whatever. Society would be utterly unsafe if such an excuse were accepted. Prisoner would be sentenced to six months’ imprisonment with hard labor in Goulburn Gol.

~ ~ ~ ~ ~

The Albury Banner and Wodonga Express, Fri 17 Apr 1908 8

ALBURY CIRCUIT COURT.
———◦———
(Before His Honor Justice GB Simpson).

    Deputy Sheriff: Dr Andrews. Judge’s Associate: Mr WKS Mackenzie Clerk of Arraigns. Crown Prosecutor: Mr Henry Normand McLaurin.

———
Tuesday, April 13.

BESTIALITY.

    Henry Wallace, on committal from the Albury Police Court during the week, was presented on a charge of attempted bestiality. He pleaded guilty.

    Mr Wilkinson appeared for the accused, and said he had advised him to plead guilty. He wished to call evidence as to accused’s condition at the time of the alleged offence, and also as to his character.

    Herbert Felstead, cab proprietor, residing in David-street, Albury, stated that he had known accused about five or six years. He saw him about midnight on Friday. Witness was coming out of his residence to go to the “Hay train.” Accused spoke to witness. He lit a cigarette and offered accused one, but the latter was too drunk to light it. Accused said he had been drinking wine. He had a beer bottle full of wine and offered witness a drink. He took a mouthful, but it was “too hot for him.” Accused then put the bottle to his head and drank the contents in two gulps. Witness had always known accused as a respectable and nice young fellow.

    John Francis Maloney, draper and mercer, residing at Albury, stated that he was a Justice of the Peace. He had known accused from boyhood. Apart from the present charge he had never known anything against his character. He was an industrious, hardworking man. He belonged to a respectable family.

    Major Wilkinson referred to the depositions, which showed, he contended, that accused was mad with drink and not responsible for his actions. He appealed to His Honor to extend if possible the provisions of the First Offenders’ Act to the accused.

    The accused was then remanded for sentence.

    Prisoner was called up for sentence on Wednesday afternoon. His Honor said he could not treat prisoner as a first offender. The depositions showed that accused was not as drunk as had been represented. But he had suffered a great deal. People who drank to excess must remember that drunkenness was no excuse—not even palliation—for crime. Had prisoner not given way to drink he would not have done what he had, no doubt. The sentence would be six months’ imprisonment with hard labor in the Goulburn Gaol.

    The First Offenders’ Act.—The three prisoners who were convicted at the Albury Circuit Court during the week, on charges of horse stealing, “receiving” a stolen horse, and bestiality, respectively, were first offenders, and in each case evidence was given as to their previous good character. It was shown that they were young men who had never been convicted before, and in two of the cases it was clear that drink was directly responsible for their downfall. In two of the cases Mr Wilkinson made application, supported by an able appeal, for the extension of the provisions of the First Offenders’ Act, and in the other case prisoner made a similar application on his own behalf. His Honor Mr Justice Simpson said he had given the matter close consideration, and he took advantage of the occasion to make his position clear with regard to the Act mentioned. He pointed out that there was no “First Offenders’ Act” now, but its provisions were incorporated in the Crimes Act. His Honor quoted at considerable length from a leading article which had appeared in a Sydney newspaper in connection with a cattle-stealing case where a similar application to that made by Mr Wilkinson had been made. The article pointed out that in a country where temptations to crime of this character were so great the provisions referred to were never intended to apply to cases of the kind. He adopted that as his own line. The Act could not be applied lightly. If it was, more harm than good might result. Men might be tempted to take their first plunge into crime in the hope that they would be let off under these provisions. The responsibility of applying the provisions of the Act was, as the article emphasised, a grave one, and personally he would always regard it as so. In the cases under notice he would have to refuse the applications. In the case of Byrne, there was no sudden temptation. The man had been drinking, but he showed by his actions when disposing of the horse that he knew what he was doing. He gave a false name and address. McMahon’s case was more deliberate. He had committed a breach of trust, which was worse than a direct act of theft, and then endeavoured to exonerate himself by false statements. If the Crown thought fight to prosecute him for perjury they had his permission to do so. With regard to the case of Wallace, His Honor did not think prisoner was so drunk as had been made out. He would not have done what he had, no doubt, but for drink, and had suffered a great deal for it. But people who indulged in drink to excess must remember that drunkenness was no excuse—not even palliation—for crime. In sentencing the prisoners, His Honor said they would be sent to the Goulburn Gaol, which was, he believed, set apart for first offenders, in order that they might not be allowed to mix with hardened criminals.

~ ~ ~ ~ ~


Henry Wallace, Gaol photo sheet 9

SRNSW: NRS1966, [3/5998], Albury Gaol photographic description book, 1887-1910, No. 165, p. 167, R5082.


Gaol Photo Sheet - 
Transcribed Details

No. 165
Albury

Date when Portrait was taken: 6th May 1908

Name: Henry Wallace

Native place: Albury NSW

Year of birth: 10-8-1880

Arrived       Ship: –
in Colony }   Year: –

Trade or occupation
previous to conviction  } Laborer

Religion: Church of England

Education, degree of: Read + write

Height: 5' 5"

Weight     On committal: 134
in lbs     } On discharge:

Colour of hair: Brown (bold)

Colour of eyes: Grey

Marks or special features: Minus two teeth from upper jaw. Scars on back of left hand, and on point of left forefinger. Scars on back right hand. Three vaccine marks outside right upper arm. Bold on top of head. Prominent nose. Chest heavy. Brown moles on left posterior. Scars on both knees and on right shin.

(No. of previous Portrait ... ) 

CONVICTIONS

Where and When Offence. Sentence

Albury CC

14

 4

1908

Attempted bestiality

6 months HL

 


1     The Sydney Morning Herald, Fri 3 Apr 1908, p. 5. Emphasis added.

2     The Albury Daily News and Wodonga Chronicle, Mon 13 Apr 1908, p. 2. Emphasis added.

3     The Border Morning Mail and Riverina Times, (Albury, NSW), Mon 13 Apr 1908, p. 2. Emphasis added.

4     The Albury Daily News and Wodonga Chronicle, Tue 14 Apr 1908, p. 2. Emphasis added.

5     The Albury Daily News and Wodonga Chronicle, Wed 15 Apr 1908, p. 3. Emphasis added.

6     The Border Morning Mail and Riverina Times, Wed 15 Apr 1908, p. 6.

7     The Border Morning Mail and Riverina Times, Thu 16 Apr 1908, p. 4.

8     The Albury Banner and Wodonga Express, Fri 17 Apr 1908, pp. 46, 28. Emphasis added.

9     SRNSW: NRS1966, [3/5998], Albury Gaol photographic description book, 1887-1910, No. 165, p. 167, R5082.