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Warren Herald, Lower Macquarie and Nevertire Advocate, Sat 10 Feb 1900 1

WARREN POLICE COURT.
————
(Before Mr [Joseph Francis] Makinson, PM.)


    Unnatural Offence.– AP Burke was arrested by Sergt. Parker, charged with attempting to commit an unnatural offence. A quantity of evidence was taken, and the prisoner was fully committed to take his trial at the next Dubbo Circuit.

    The court then adjourned.

~ ~ ~ ~ ~

Depositions for Archie Powell Burke 10 Apr 1900 Dubbo trial 2

 


(a) Town.


Letter from Bench of Magistrates at (a) Warren

 

transmitting Depositions

(b) Name in full of accused.

in the case Regina v. (b) Archie Powell Burke

(c) Offence.

(c) Attempting to commit sodomy on Joseph Donnelly

 

(d) Town.

Police Office, (d) Warren

 

8th February 1900 

 

Sir,

 

I have the honor, by direction of the Bench of Magistrates,

 

to transmit herewith the Depositions, and other documents in the

(e) Name of accused

case of (e) Archie Powell Burke

(f) “His” or “her”

who has been committed to take (f) his

(g) “Circuit Court,” or 
“Quarter Sessions.”

trial at the (g) Circuit Court

to be held at (h) Dubbo

on the 10th day

(h) Town where Court 
to be held.

of April 1900

The accused is (i) confined in Her Majesty Gaol at Dubbo (bail allowed but not forthcoming)

(i) “Is confined in the 
Gaol at …,” or “has been admitted to bail” (with full particulars as to sureties, addresses, occupations, and amounts, as set out in Recognizance.)

(k) As in Recognizance, both for Crown and defence, specifying also what witnesses gave evidence but were not bound over, with reason for omission.

The Witnesses bound over are (k) Sergeant William Parker, Dr Joseph Henry Wilson, Thomas Donnelly and Joseph Donnelly, all of Warren

 

(l) Short description to enable identification.

The Exhibits enclosed are (l) Nil

 

I have the honor to be,
Sir,
Your obedient Servant,

 

 

 

[Signed] Harold W[ingfield] Stanford

 

Clerk of Petty Sessions

The Secretary,

Attorney General's Department.

N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates

4g 201-90

 

~ ~ ~ ~ ~

NEW SOUTH WALES POLICE.

Warren Station.
13th February 1900.

Western District,

Report relative to antecedents of:–
Name: Archey Powell Burke
Offence: Attempting to commit sodomy
Committed for Trial at: Dubbo Circuit Court
Date: 10th April 1900

    Sergeant Parker reports:– That nothing is known here of the antecedents of Archey [sic] Powell Burke the above named.
[Signed] Wm Parker, Sergeant.

1

(M., 11 and 12 Vict., Cap. 42.)

Depositions of Witnesses.

TO WIT.        }

The examination of William Parker Sergeant of Police of Warren in the Colony of New South Wales, Joseph Henry Wilson Medical Practitioner, Warren, Thomas Donnelly dealer of Warren and Joseph Donnelly of Warren in the said Colony, taken on oath this 7th day of February in the year of Our Lord one thousand nine hundred at Warren in the Colony aforesaid, before the undersigned, one of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of Archie Powell Burke who is charged this day before me for that he the said Archie Powell Burke on the 30th day of January 1900 at Morrison’s Station about 15 miles from Quambone in the said Colony, did attempt to commit sodomy on Joseph Donnelly.

2

This deponent William Parker on his oath, saith as follows:–

    I am a Sergeant of Police and reside at Warren. Yesterday evening the 6th instant Joseph Donnelly came to the Police Station and informed me his father and another man were fighting. I sent a Constable who returned and told me something, about an hour afterwards the accused came to the Police Station and asked me to send a Constable to where Donnelly was camped. I told him I would not, that a Constable

3

had been there before. About 6.30 accused and Donnelly came to the Police Station. They both seemed excited. Donnelly said he wanted to speak privately to me. I said in reply “I don’t want to hear anything of your private affairs.” He replied “It is a sodomy case.” I said “Who committed it and upon whom?” Donnelly said “He committed it on my boy.” I had the boy examined by the doctor and about 8.10 pm I asked the accused if he was in Donnelly’s employ. He replied “Yes.”

4

I said “For how long?” He said “About 12 or 15 months.” I said “Does the boy travel with you and sleep with you in the same bed?” He said “Yes, we both sleep together.” He said “What does the boy say about me?” I said “The boy states that you have had connection with him, that is, an improper intimacy on several occasions and the last time was the 10 of January last.” I also said to him “Have you had a row with the boy’s father?” He replied “Yes.” I said “What was the cause of it?” He replied “It was on

5

account of wages.” I said “Didn’t the boy tell his father in your presence that you had done something to him that the boy was ashamed to tell his father what it was, and that the father then struck you?” He said “He did.” I said “And that was the cause of the row?”, and he replied “It was.” I then apprehended him and charged him with attempting to commit sodomy on a boy twelve years of age named Joseph Donnelly at Morrison’s Station on or about the 30th of January last.

6

    Examined by accused: When the two of you came to the Police Station at first and I said I would have nothing to do with your private affairs I think it was Donnelly said “It is a case of sodomy.” You told me Donnelly wanted you to go away and you said “I could not do so without admitting my guilt.”

[Signed] Wm Parker, Sergeant.

Taken on oath at Warren this 7th day of February 1900 before me.
[Signed] JF Makinson, PM.

7

This deponent Joseph Henry Wilson on his oath, saith as follows:–

    I am a legally qualified Medical Practitioner and reside and practice at Warren. Yesterday evening about 6 o’clock Sergeant Parker brought a boy named Joseph Donnelly to my surgery. The boy made a statement to me and I examined him. There were no marks or injuries of any kind upon him nor anything abnormal at all.

    Accused has no questions.

[Signed] JH Wilson.

Taken on oath at Warren this 7th day of February 1900 before me.
[Signed] JF Makinson, PM.

8

This deponent Thomas Donnelly on his oath, saith as follows:–

    I am a dealer and reside at Warren at present. I know the accused. He has been in my employ for about 12 months. He travels with a dray of mine with 3 or 4 horses. My boy Joseph Donnelly travels with him. My boy is 12 years old. The lad is travelling with the accused during the last 12 months. I have seen the boy from time to time during the last 12 months. The lad has made no complaints to me. I have

9

noticed that the boy was slow to tell me anything.

    Yesterday accused and myself had a dispute which led up to my asking accused my boy how he was treated on the road. (I first called the boy) I said to him “How does Archie treat you?” It was in accused’s presence. The boy commenced to cry and said “I am ashamed to tell you or my mother on this.” I went to strike this man. I called the boy aside afterwards and he told me something. I remember coming to the Police Station with the accused and I charged him with committing laid a charge

10

against this man.

    Cross examined by accused: Joe did not say you treated him all right on the road when I asked him.

    His first answer was “I’d be ashamed to tell you or mum [or] dad.”

    We had a dispute relative to wages, and another matter about ten minutes previous to this conversation.

[Signed] J Donnelly.

Sworn before me at Warren this 7th day of February 1900.
[Signed] JF Makinson, PM.

11

This deponent the Joseph Donnelly on his oath, saith as follows:–

    I am a son of Thomas Donnelly last witness and know the accused. He travelled with me. We had a dray and 4 or 5 horses. We travelled with a little stock of everything dealing. We camped at night sometimes under the dray and sometimes at the side of the wheel. We both camped in the same bunk.

    When we were sleeping together he rubbed me up and down, and got behind me and wet me.

    I was lying on my side and he wet me.

12

He did this to me more than once, and wet me more than once.

    This last occurred at Morrison’s Station on Thursday week last. Morrison’s Station is 15 miles from Quambone. He wet me on this occasion on the bottom. I told my father about this yesterday.

    I was frightened to tell him yesterday before. It was because I told my father I was ashamed to tell him that he struck the accused.

    The accused told me not to tell anyone or else he would tell on me.

    He wet my bottom between my legs.

    I was lying down when you

13

caught hold of my penis.

    You told me to get on top of you, that that was easier.

    You never told me to stop a certain thing. Sometimes when I was doing it you told me it took too long.

    You wet me with your hand. You did not wet me with anything else besides your hand that I am aware of.

    I did not tell you You did not ask me what you’re my father did to me.

    I told you Johnny and I were in bed together playing mares and stallions. I told you the shearers took down my pants and took my shirt out at (O’Dworny’s ?) place. Nothing else. I remember telling you something about

14

my mother laughing at that sort of thing.

    You did not put anything into me.

    When my father and I you had the row you said to me “What did you tell your mother on Sunday?”, and I said “I’m ashamed to say.”

    I told you I told my mother this.

    Examined by Sergeant Parker: Accused touched me with his penis when we were lying down.

    I felt his penis in my bottom when I felt the wet.

    He tried to get into my bottom and could not and it was then I was wet.

    By accused: He could not get inside of me, I did not know if you wet me or if it was sweat.

[Signed] Joseph Donnelly.

Sworn at Warren this 7 day of February 1900 before me.
[Signed] JF Makinson, PM.

15

(N., 11 & 12 Vic., Cap. 42.)

Statement of the Accused.

New South Wales, Warren
TO WIT.                                }

Archie Powell Burke stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid this 7th day of February in the year of Our Lord one thousand nine hundred for that he, the said Archie Powell Burke on the 30th day of January 1900 at Morrison’s Station, fifteen miles from Quambone in the said Colony, did attempt to commit sodomy on one Joseph Donnelly and the examinations of all the witnesses on the part of the prosecution having been completed, and the depositions taken having been caused to be read to him by me, the said Justice, (by/or) before whom such examination has been so completed; and I, the said Justice, having also stated to the accused and given him clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall say may be given in evidence against him upon his trial, notwithstanding such promise or threat; and the said charge being read to the said Archie Powell Burke, and the witnesses for the prosecution Sergeant William Parker, Dr Joseph Henry Wilson, Thomas Donnelly and Joseph Donnelly being severally examined in his presence, the said Archie Powell Burke is now addressed by me as follows:– “Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in writing and may be given in evidence against you upon your trial;” whereupon the said [Archie Powell Burke] saith as follows:– “I slept with the boy for 12 months and I repeatedly found him abusing himself. I have removed his hands and took hold of his penis to prevent him. He has told me that his father did this to him and I told him to show me what his father did. He showed me, and that is what I am accused of. I committed no assault whatever. If I had wanted to there was nothing to prevent me.”
Taken before me, at Warren, in the said Colony, the day and year first above mentioned.
[Signed] JF Makinson, PM.

16

    Accused does not wish to give evidence nor does he wish to call any evidence witnesses.

Court House, Warren 8th February 1900.
[Signed] JF Makinson, PM.

17

G. 190.

REGINA.
versus
Archie Powell Burke

Offence,— Attempting to commit sodomy

    The accused stands committed to take his trial at the next Court of Assizes to be holden at Dubbo, on the 10th day of April 1900. Bail allowed the accused in £100 and two sureties in £50 each, or one in £

[Signed] JF Makinson, PM

JP.

Dated at Warren Police
Office, Warren
this 8th
day of February
AD 1900
4g 416 - 88

18

(O. 1, 11 & 12 Vic., Cap. 42.)

Recognizance to give Evidence.

New South Wales, Warren
TO WIT.                                 }

Be it remembered, that on the 7th day of February in the year of Our Lord one thousand nine hundred William Parker a Sergeant of the Police Force, Dr Joseph Henry Wilson of Warren in the Colony of New South Wales, Thomas Donnelly of Warren in the said Colony, hawker and Joseph Donnelly of Warren in the said Colony, personally came before the undersigned, one of Her Majesty’s Justices of the Peace for the Colony of New South Wales, and acknowledged themselves to owe Our Sovereign Lady the Queen the sum of

FORTY POUNDS EACH,

of good and lawful money of Great Britain, to be made and levied on their Goods and Chattels, Lands and Tenements, to the use of our said Lady the Queen, her Heirs and Successors, if they the said before mentioned persons shall fail in the condition indorsed.
[Signed] Wm Parker, Sergeant, Thomas Donnelly, Joseph Donnelly, JH Wilson.

Taken and acknowledged, the day and year first above mentioned, at Warren in the said Colony, before me.
[Signed] JF Makinson, PM.

The condition of the within written Recognizance is such, that whereas Archie Powell Burke was this day charged before JF Makinson Esquire Police Magistrate and one of Her Majesty’s Justices of the Peace for the said Colony, with attempting to commit sodomy on one Joseph Donnelly on 330 January 1900 at Morrison’s Station fifteen miles from Quambone.
If therefore, they the before mentioned persons shall appear at the next Court of Assizes to be holden at Dubbo in and for the Colony of New South Wales, on the 10th day of April next at nine of the clock in the forenoon, and then and there give such evidence as they know, upon an information to be then and there preferred against the said Archie Powell Burke for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Archie Powell Burke.

Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] JF Makinson, PM.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Circuit Court.
Dubbo
10th April 1900
AG’s No. 26
Depositions.
CS’s No. 2
Regina
v.
Archie Powell Burke
Attempted unnatural offence
Cor. Owen J. at Dubbo Circuit Court
[Initialled] DL
10/4/1900
Plea Not guilty
Verdict Not guilty
Committed at: Warren
on: 8th February 1900

~ ~ ~ ~ ~

Jan 30/00 Morrison’s
1. Assault with intent to commit buggery
2. Indecent assault upon a male person
[Initialled] C[harles] G[regory] W[ade, Crown Prosecutor]
27/2/00
[Initialled] B[ernard] R[ingrose] W[ise, QC, AG]
17.3.00

~ ~ ~ ~ ~

Plea: not guilty
Tried Cor: Owen J. 10.4.1900
Verdict: not guilty
[Initialled] DL

~ ~ ~ ~ ~

Justice W Owen’s notebook   3

152

[Dubbo Circuit Court, 10th April 1900]

Regina v Burke
1. Assault with intent to commit buggery
2. Indecent assault
Plea not guilty.
Booth for accused.

    Levy [Crown Prosecutor]. Accused & the boy used to travel about together in a dray – 30th January on Morrison’s Creek – on 6th February the boy told his father. Doctor found nothing abnormal about the boy.

    Joseph Donelly 4 examined by Levy. I used to live at Brewarrina – I now am travelling. Thomas Donelly is my father. I know accused. I used to travel with him off & on for 12 months – we went trips together, two months or 6 weeks, one month.

153

We took potatoes, onions &c. to sell. We slept under the dray near the wheel – pretty well every night. The accused slept next me, we took our clothes off. Accused rubbed my penis up & down, several times. He used to press his penis against my bottom. I remember being at Morrison’s Creek. To the best of my memory it was Tuesday. It was a day & a night before we got to where father was travelling – 10 or 12 days before the quarrel. I was only one night at Morrison’s Creek. He rubbed my penis up & down & pressed his penis against my bottom. He was awake. He pressed his penis against my bottom for about 10 minutes or quarter of an hour. He told me to do the same thing – it was quicker. I remember accused having a row with father at

154

Charlie Pigott’s house – near Warren – we were camped there, father, mother & I. This was as nearly as I can say a week or 10 days after this assault. I heard something about a square foot or foot square. Father said to me said nothing to me that accused heard. Father said clear out of the camp before I prosecute you. I said something I told father something before that. Accused said no. They went over to the court house. Accused pressed his penis against the opening.

    Cross-examined by Booth. I did not tell accused that father did what was wrong to me. I told him that father used to make us tumble over a beam – we used to kick & squeal. I used to abuse myself. He never took my hands away & told me not to do it. Accused knew I did it.

155

I don’t know that father & accused had a quarrel about wages. My father called me over to him. Accused said to me, now say what you told me your father used to do to you. I said I was ashamed to tell my father – accused said to me, did you not tell your mother that I had been doing such & such a thing. To the best of my memory he did not say did you not tell your mother what your father used to do to you. Accused said he had sooner I should tell my father about my abusing myself what he had been doing to me, that is what I understood. The accused accused me of telling falsehoods. He accused me of lying to him. He told my father that – before my father went down Burke went down to the court. Father & accused had a few drinks

158
[pp. 156-157 are blank]

& quarrelled. Accused said I won’t go away till this charge against me is cleared up.

    Re-examined. My father never did anything wrong to me.

    Thomas Donelly examined Levy. Hawker. I generally live at Warren. I know accused. Father of last witness. Accused in my employ. He accompanies my boy & sells goods for me. He has been 9 or 10 months doing that. He would be away 2, 8 or 4 weeks. The boy went with him every time. He is 12 years old. I remember 6th February. We Accused & I had an argument about a foot square & a square foot – he had just come back. When we reached the camp I asked why the boy was frightened of him? He said you had best call him & ask. I called the boy & he came up sobbing & said he would be ashamed to tell you or my me or his mother

159

how I have been treated by this man on the road. I went to strike him – I told him to clear out of the camp. We were pretty well in holts with one another. I called the boy aside – the boy said nothing else that accused could hear. I told accused to leave my camp or I would certainly give him in charge. He said he had been over to see Sergeant Parker & that he meant bringing him over. I said I would wait. I waited & when the sergeant did not come I told accused again to go out – & that I did not want to prosecute him if he did clear. It was before I told the man to clear out that the boy whispered to me. I asked accused to come to the sergeant. He said he would, that he had his character to defend. On the road the accused told me that

160

my boy told him that he & his brother played horses & mares. It is not true that I did anything improper to my boy. I never saw my son doing anything improper.

    Cross-examined by Booth. I never told accused that he had a set on the boy. On this occasion they had returned the day before. Burke & I had had a few drinks together – we were jolly. Accused told me his wages did not average 10/- a week. I said they averaged £1 a week. Accused often complained to me of the boy telling lies. We were in the camp when the boy’s name was first mentioned. Probably I said you have got a set on the boy. Accused did not say that I would have at a set on him too if I knew what he did. The mother’s name was not mentioned at that particular moment.

161

Her name was not mentioned at all. A policeman arrived. There was nothing to be done. I never knew the boy to tell lies. The accused was educating him for his confirmation. Accused said he would approve my giving him in charge if the boy’s statement was correct. I had a sleep in the meantime & he went to the police during that time. He said “I own if I go away it would be an admission of my guilt.” He said if a man did that to one of his children he would shoot him. He said he had gone to the sergeant to ask him to come over. He came with me to the police. I & my wife had been travelling with accused & my boy several days before we got to Warren & nothing was said about this.

    Re-examined.

162

    William Parker examined by Levy. Sergeant at Warren. On 6th February I saw Joseph & Thomas Donelly, on the evening of the 6th about 4 o’clock pm. The boy came to the station & told me something. About 5 o’clock accused came to station & asked me to send a constable to Donelly’s camp. I declined. About 6.30 accused & Thomas Donelly came to the station. Donelly said he wanted to speak privately. I said I don’t want to hear anything of your private affairs. Donelly said it is a case of sodomy – accused was present. I said who committed it & upon whom. Donelly said he did on my boy, pointing to accused. I detained them till I saw Dr Wilson. I brought the boy to Dr Wilson. I asked accused if he was in Donelly’s

163

employ & if so how long? He said 12 or 15 months. I asked if the boy travelled & slept with him. He said he did. I asked if he had a row with the boy’s father. He said he had, on account of wages. I asked did the boy tell his father that he had done something to him that he was ashamed to tell him & that the boy’s father struck him. I charged him.

    Cross-examined by Booth. The boy came first at 4 o’clock & said his father was fighting with another man.
Crown case closed.

    As the doctor was not called and as Levy opened that the doctor had examined the boy & found him in quite a normal condition in the parts, it is agreed that the case shall go to the jury.

164

    Archie Parwall 5 Burke examined by Booth. Accused. I was in employ of Donelly. I heard the boy’s evidence. We slept together under the dray. It is false that I rubbed his penis up & down. I have removed his hands when I found him abusing himself. I told him not to do it, that it would drive him mad if he did not knock it off. It is not true that I ever pressed my penis against any part of his body – to my knowledge there is no truth in what he says took place at Morrison’s Creek. I removed his hands on that occasion. He told me his father had him & his brother in bed to teach them to play horses & mares. I asked what he did? He said he was afraid to tell me. I said you need not be, I won’t tell. He told me afterwards – He told me his

165

father used to do that to him. I told him he was such a terrible liar I did not believe him. I’ve met Mr & Mrs Donelly a day & a half journey from Warren & travelled together. On 6th February we were together & had a few drinks. We had an argument – the horses were to have been turned out of the show ground. I said the boy does what he likes. He said you have a set on the boy. I said if you heard what he said about you, you might have a set on him. I said let him repeat it himself. I called the boy over & asked him to repeat what he told me about his father. He said he was ashamed to tell his father & mother. His father took him to one side. I did not hear what was said. The father came over to me & said you are a bastard of a man. I hit him. After we had a bit of a fight

166

he told me to leave the camp, the boy tells me you have been doing something to him. The boy went away meantime. I said what does he say I have done? He told me I had tried to commit sodomy. I said if the boy said that, you should give me in charge. He said I don’t want to give you in charge, I want you to go away & there will be nothing said about it. I said it is a strange thing that he should say you did this & he now says I did it – it looks as if you had told him to say this. He said never mind about that, you go away. I said no I won’t go away but I’ll go up & get the sergeant. I went up & asked the sergeant to come down – sergeant’s evidence incorrect.

167

I returned to the camp. I told Donelly the sergeant would not come & he would have to come up. He said no I don’t want to go up, all I want is for you to go away. I said you will have to come, it is the only way to clear this matter up. If a man did that to one of my youngsters I would shoot him. The sergeant told me to wait I said to the sergeant it is a case of sodomy. On several occasions I found the boy untruthful. I threatened to leave him on the road if he did not speak the truth. We were arguing all the way to the camp about wages.

    Cross-examined by Levy. I am positive it was I who said “it is a case of sodomy.” I was so disgusted with the father on account of what the boy told me, that I did not speak to him for days.

168

I did not believe him – I swear he did not say he was ashamed to say what I had done. I nev

Case for accused closed.

    Thomas Donelly recalled. The boy did not say he would be ashamed to say what I had done to him. Accused did not strike me first. I first said it is a case of sodomy – I said this man has tampered with my boy.

    Booth addresses the jury.

    Levy does not reply.

I sum up.
Jury retire 5.45, return 5.50
Verdict not guilty.

~ ~ ~ ~ ~

The Dubbo Liberal and Macquarie Advocate, Wed 11 April 1900 6

CIRCUIT COURT.
————

THE sittings of the Circuit Court were opened on Tuesday before Mr Justice Owen. Mr GH Taylor, JP., acted as Deputy Sheriff. Mr D Levy (instructed by Mr J Houston of the Crown Solicitor’s Department) filled the position of Crown Prosecutor, and Mr TB Johnson acted as Judge’s Associate.

    John Murray was fined £2 for non-attendance as a juror.

NOT GUILTY.

    Archie C Burke was charged with attempting to commit an unnatural offence on Joseph Donnelly at Morrison’s station, Quambone on January 30.

    A second count charged him with indecent assault.

    Accused was defended by Mr Booth.

    The jury after five minutes consideration returned a verdict of not guilty.

———

    The civil cases at the sittings of the Circuit Court will be taken by Mr Justice Owen on Tuesday next (17th instant.)

~ ~ ~ ~ ~

The Sydney Morning Herald, Wed 11 Apr 1900 7

CIRCUIT COURTS.
———◦———

Dubbo, Tuesday.

    The Circuit Court opened to-day before Mr Justice Owen. Mr D Levy prosecuted for the Crown. Edward Treble pleaded guilty to a charge of forgery and uttering, and was remanded for sentence. Owen Cowley, charged with assault, pleaded not guilty. Mr T Rolin, instructed by Mr R Booth, defended the accused, who was found not guilty. AP Burke pleaded not guilty to a charge of attempting an offence. He was defended by Mr R Booth, and was found not guilty.

~ ~ ~ ~ ~

Dubbo Dispatch and Wellington Independent, Fri 13 April 1900 8

DUBBO CIRCUIT COURT.
Tuesday, April 10.
(Before His Honor, Mr Justice Owen. Mr TB Johnson Associate).

    Mr HG Taylor, JP., occupied a seat on the Bench as Deputy Sheriff.

    Mr Levy, (instructed by Mr J Houston, solicitor,) prosecuted for the Crown.

    The following legal gentlemen were present: Messrs Rolin and Veech, barristers, in addition to the local solicitors.

    The names of the jury list having been read, the gentlemen empanelled in the civil cases only were released from attendance till Tuesday next.

ALLEGED INTENT TO COMMIT AN UNNATURAL OFFENCE.

    Archie Charles Burke pleaded not guilty to the charge of committing an unnatural offence at Quambone, on the 30th January last. Mr R Booth appeared for the defence.

    A verdict of not guilty was returned by the jury without leaving the box.

 


1     Warren Herald, Lower Macquarie and Nevertire Advocate, Sat 10 Feb 1900, p. 4.

2     SRNSW: NRS880, [9/7007], Supreme Court, Papers and depositions, Dubbo, 1900, No. 26. Emphasis added.

3     SRNSW: NRS7524, [2/6416], Judiciary, W Owen, J. Notebooks Criminal Causes, 1897-1906, pp. 152-168 (pp. 156-157 are blank). Emphasis added.

4     Donnelly in transcript of depositions.

5     Powell, ibid.

6     The Dubbo Liberal and Macquarie Advocate, Wed 11 April 1900, p. 3.

7     The Sydney Morning Herald, Wed 11 Apr 1900, p. 10. Emphasis added.

8     Dubbo Dispatch and Wellington Independent, Fri 13 April 1900, p. 4.