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1915, William Powell - Unfit For Publication
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Barrier Miner, Thu 12 Aug 1915 1

THE QUARTER SESSIONS.
———◦———
LIST OF CASES.
————

    The Court of Quarter Sessions will be commenced at the Courthouse on Monday morning. Following is a list of the cases, the indictments for which have so far been received by the Courthouse authorities. In addition there are several charged of embezzlement against Marcus Feldman pending:—

    William Powell, alleged bestiality.
    John Thomas Maddigan, alleged receiving.
    Frank Jinson, alleged breaking, entering, and stealing (eight charges).
    Francis Egan and Ethel Westmore, alleged assault, occasioning actual bodily harm.
    Frederick Williams and Leslie Gapper, alleged assault and robbery.

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Barrier Miner, Mon 16 Aug 1915 2

[BROKEN HILL] QUARTER SESSIONS.
———◦———
This Afternoon’s Court.
———

    The August Quarter Sessions were continued at the Courthouse this afternoon, Judge Bevan presided, and Mr JN Mason prosecuted on behalf of the Crown.

———
ALLEGED ATTEMPTED BESTIALITY.

    William Powell was charged with alleged attempted bestiality at Coonulpia on May 11.

    Mr Justin McCarthy appeared for the accused, who pleaded not guilty.

    The following jury was sworn:—Walter Harold Herbert, John Waters, Samuel Berry, Frederick August Topperwein, Samuel Spry, Oliver George Beck, Willoughby James, George Robert Abbott, Arthur Norman Paynter, George Webber, Albert James Slocum, Frederick Wright Richards.

Central Australian Hotel, Tibooburra, Jun 1925. Image: NSW State Library collection. Reproduction: Peter de Waal
Central Australian Hotel, Tibooburra, Jun 1925. Image: NSW State
Library collection. Reproduction: Peter de Waal

    Constable Edward McMahon, stationed at Tibooburra, deposed than on May 11 in company with Mr Madden, the stock inspector, he was driving between Coonulpia station and Tester’s Tank; he saw the accused get out of a buggy, and the alleged offence then occurred.

    Francis John Madden, stock inspector, of Tibooburra, also gave evidence for the Crown.

    The accused, who was dressed in a suit of dungarees and was nearly blind, gave evidence on oath. He stated that he was about 30 years of age, and was a laborer residing at Tibooburra; he denied that the alleged offence took place.

    Mr McCarthy, having addressed the jury, his Honor summed up, and a retirement of the jury was made at 3.20 o’clock.

    At 4 o’clock the jury returned, and the foreman announced that the accused had been found guilty, but it had been decided to recommend him for mercy, as it was considered that he was possessed of lower intelligence than other human beings.

    The accused was remanded for sentence.

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Barrier Daily Truth, Tue 17 Aug 1915 3

AUGUST QUARTER SESSIONS.
——:•:——
OPENED YESTERDAY MORNING.
———

    The Broken Hill Quarter Sessions were opened yesterday. Judge Bevan presided, and Mr JN Mason was present as Crown Prosecutor.

ALLEGED ATTEMPTED BESTIALITY.
———

    Alleged attempted bestiality on May 11, at Coonulpia, was the charge preferred against William Powell, who pleaded not guilty.

    Mr Justin McCarthy stated that he had been instructed by the Crown to appear for the accused.

    The jury consisted of Walter Harold Herbert, John Waters, Samuel Berry, Frederick August Topperwein, Samuel Spry, Oliver George Beck, Willoughby James, George RB Abbott, Arthur Norman Paynter, George Webber, Albert James Slocum, and Frederick Wright Richards.

    Constable E McMahon said that he was stationed at Tibooburra. On May 11 he was on the road between Coonulpa [sic] Station and Tester’s Tank. Mr Madden, the Tibooburra stock inspector, was with witness. He saw accused get out of a buggy about 50 yards from him. Accused walked to a big saltbush. Witness was now 50 yards from accused. Witness then described the alleged offence. Accused, when questioned, said he was taking a burr out of the dog’s eye.

    Frances John Madden, stock inspector at Tibooburra, also gave evidence for the prosecution.

    This closed the case for the Crown.

    William Henry Powell, laborer, deposed that he lived at Tibooburra. He was over 30 years of age. He had been suffering with sore eyes all his life. He was suffering from ingrown eyelashes, and a scum over his eyes. He had a poor mare in the buggy and he stopped to give her a rest. He denied the charge preferred against him.

    This was the only evidence for the defence.

    Mr Justin McCarthy having addressed the jury, his Honor summed up, and the jury retired to consider its verdict at 3.22 pm. At 4.3 pm a verdict of guilty was returned, with a recommendation to mercy, on the ground that accused was possessor of less than ordinary intelligence.

    The accused was remanded for sentence.

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Barrier Miner, Mon 16 Aug 1915 4

QUARTER SESSIONS.
———◦———
SECOND DAY'S SITTING.
———
SENTENCES PASSED.
———

    The holding of the Quarter Sessions was continued at the Courthouse this morning. Judge Bevan presided, and Mr JN Mason prosecuted on behalf of the Crown.

SIX MONTHS FOR BESTIALITY.

    William Powell, who had been found guilty of the crime of bestiality, was brought up for sentence. The jury had recommended him to mercy because of his low mental state.

    In reply to a question by the Judge, a gaol officer stated that the man could well be looked after in the Broken Hill Gaol.

    Mr Justin McCarthy said that the accused was nearly blind. He had been medically advised in Sydney that by the grafting on of new skin the ingrowing of the lashes could be cured, but that would require a very delicate surgical operation.

    The Judge, addressing accused, said that he had been guilty of a most beastly offence, though it was more against himself than against the community. It was, however, almost unbelievable that a man would be guilty of such an act when in his sober senses, as evidently the accused had been. He hoped that the authorities would be able to do something with him in gaol, which would strengthen his mind. The accused was sentenced to six months’ imprisonment with hard labor in the Broken Hill Gaol.

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The Advertiser, Wed 18 Aug 1915 5

BROKEN HILL.
———

Broken Hill, August 17.

THE CRIMINAL SESSIONS.

    At the Quarter Sessions to-day Frank Jimson (17) was sentenced to one year in gaol (cumulative) on each of two charges of stealing and burglary, and 12 months (concurrent) on each of six other like charges.

    Wm Powell, found guilty of bestiality, was sentenced to six months in gaol.

    Marcus Feldman, accountant of the “Barrier Truth” newspaper, who pleaded guilty to embezzling £280 odd, was sentenced to 12 months in gaol.

    Fred Williams and Leslie Gapper were charged with assault and robbery. Gapper was acquitted, but Williams was found guilty and sentenced to 18 months’ imprisonment.

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Barrier Daily Truth, Wed 18 Aug 1915 6

QUARTER SESSIONS.
——:•:——

ATTEMPTED BESTIALITY.
———
SIX MONTHS' IMPRISONMENT.
———

    William Powell, who the previous day was found guilty of attempted bestiality, was brought up for sentence.

    Mr Justin McCarthy asked that his Honor would give effect to the recommendation of the jury for mercy for the prisoner.

    His Honor said the prisoner had been convicted of a beastly offence. The verdict was a right one. Accused would be sentenced to six months’ imprisonment, with hard labor, in the Broken Hill gaol.

~ ~ ~ ~ ~

William Henry Powell, Gaol photo sheet 7

SRNSW: NRS2057, [3/6018], Broken Hill Gaol photographic description book, 1904-1929, No. 69, p. 69, R5095.


Gaol Photo Sheet - 
Transcribed Details

No. 69                                                                        
15/47 Broken Hill

Date when Portrait was taken: 24th September 1915

                               Name: William Henry Powell

Native place: N.S.W.

Year of birth: 1885

Arrived       Ship:
in Colony }   Year:

Trade or occupation
previous to conviction  } Labourer

Religion: C of E

Education, degree of: Nil

Height: 5' 2½"

Weight     On committal: 119
in lbs     } On discharge:

Colour of hair: Brown

Colour of eyes: Blue

Marks or special features: Partially blind. Scar over left eye. Scar on palm of left hand. Left hand crippled

(No. of previous Portrait ... ) 

CONVICTIONS

Where and When

Offence.

Sentence

 

Broken Hill Q.S

 

16

 

8

 

1915

Nil

Attempted beastiality [sic]

 

6 months H.L.

 


1     Barrier Miner, Thu 12 Aug 1915, p. 4. Emphasis added.

2     Barrier Miner, Mon 16 Aug 1915, p. 4. Emphasis added.

3     Barrier Daily Truth, Tue 17 Aug 1915, p. 2. Emphasis added.

4     Barrier Miner, Tue 17 Aug 1915, p. 3.

5     The Advertiser, Wed 18 Aug 1915, p. 9. Emphasis added.

6     Barrier Daily Truth, Wed 18 Aug 1915, p. 3.

7     SRNSW: NRS2057, [3/6018], Broken Hill Gaol photographic description book, 1904-1929, No. 69, p. 69, R5095.