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1900, Hugh McKinnon - Unfit For Publication
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Newcastle Morning Herald and Miners’ Advocate, Tue 3 Apr 1900 1

NEWCASTLE POLICE COURT.
Monday, April 2.
(Before Mr L[ester] S[tuart] Donaldson, SM.

COMMITTED FOR TRIAL.

    Hugh McKinnon, a seaman, was charged with having, at Carrington, on the 1st instant, indecently assaulted Frederick Collins.

    Evidence having been given by Senior-sergeant McVane, Collins, Edward Williams, and Joseph Goodman, accused was committed for trial at the Maitland Circuit Court, which opens today (Tuesday).

~ ~ ~ ~ ~

Depositions for Hugh McKinnon 4 Apr 1900 Maitland trial 2

 


(a) Town.


Letter from Bench of Magistrates at (a) Newcastle

 

transmitting Depositions

(b) Name in full of accused.

in the case Regina v(b) Hugh McKinnon

(c) Offence.

(c) Indecent assault on a male person

 

(d) Town.

Police Office(d) Newcastle

 

2nd April 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) Hugh McKinnon

(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) Maitland

on Tuesday the 3rd April 1900

(h) Town where Court 
to be held.

the

The accused is (i) confined in the Gaol at Maitland

(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) James McVane, Senior Sergeant of Newcastle; Frederick Collins, Apprentice of the West Lothian; Edward James William, Seaman of the West Lothian; Joseph Goodwin, Seaman of the West Lothian.

 

(l) Short description to enable identification.

The Exhibits enclosed are (l) There are no exhibits.

 

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

 

 

[Signed] W[illiam] F[oxton] Robertson

 

Clerk of Petty Sessions

The SecretaryThe crown Prosecutor, Maitland

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.

Newcastle Station.
2nd April 1900.

North Eastern District,

Report relative to antecedents of:–
Name: Hugh McKinnon
Offence: Indecent assault on a male person.
Committed for Trial at: Maitland Circuit Court
Date: 3rd April 1900.

    Senior Sergeant McVane reports:– The above-named offender is a stranger in the Colony. He arrived at Newcastle on the 28th ultimo as Boatswain of the ship West Lothian. There is nothing known of his previous history.

[Signed] J McVane, Senior Sergeant.

1

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

Depositions of Witnesses.

Newcastle
TO WIT.          }

The examination of James McVane of Newcastle in the Colony of New South Wales, Senior Sergeant of Police; Frederick Collins of the ship West Lothian apprentice; Edward James Williams of the ship West Lothian, seaman; and Joseph Goodwin of the ship West Lothian seaman taken on oath, this 2nd day of April in the year of Our Lord one thousand nine hundred and ----- at Newcastle 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 Hugh McKinnon who is charged this day before me, for that he the said Hugh McKinnon, on the 1st day of April 1900 at Carrington in the said Colony, indecently did assault one Frederick Collins, a male person.

2

    James McVane on his oath says:– I am a Senior Sergeant of Police at ne. I arrested the accused at 5 pm yesterday on board the ship West Lothian which is lying at Carrington Dyke. I said to him “You know the boy Collins?” He said “Yes.” I said “He has made a complaint that you indecently assaulted him in his room this morning.” He said “I don’t remember being in his room.” I brought him to the Police Station at Newcastle and there charged him that he did on the 1st instant indecently assault Frederick Collins a male person. In reply he said “No.” and shook his head.

    No questions to ask.

[Signed] J McVane.

Taken and sworn at Newcastle, this 2nd day of April 1900 before.
[Signed] LS Donaldson SM.

3

    Frederick Collins on his oath saith:– I am an apprentice on board the ship West Lothian. Accused is Bo’sun. I was ashore till 2 am yesterday and then returned to the ship. I went to bed as soon as I got on board at about 2 am. I sleep in the after house on the half-deck which is amidships. Accused sleeps in the forward house. There is no connection between the houses. 3 The doors are about 11 yards apart. I went to sleep immediately on going to bed. I awaked at 4 pm. I was awakened by feeling something about my penis. I saw the accused’s head and struck at him with my fist. His head was between my legs and he had my penis in his mouth. I struck at him, I shouted and one of my ship-mates 4 came. Three others sleep in the house besides me. Accused ran out of the room when I struck at him.

    No questions to ask.

[Signed] Fred Collins.

Taken and sworn at Newcastle, this 2nd day of April 1900 before.
[Signed] LS Donaldson SM.

4

    Edward James Williams on his oath saith:– I am ordinary seaman on board the West Lothian. I sleep in the half-deck with Collins. I went to bed at 2.30 am yesterday. I was awakened by Collins shouting “Poke!,” which refers to another ship-mate. I looked and saw the accused going out of the door quickly and silently.

    No questions to ask.

[Signed] Edward J Williams.

Taken and sworn at Newcastle, this 2nd day of April 1900 before.
[Signed] LS Donaldson SM.

5

    Joseph Goodwin on his oath saith:– I am a seaman on board the West Lothian. I was watchman on the ship at
6 pm on Saturday night till 6 am on Sunday morning. I saw the apprentice come on board 5 at 2.30 am. The accused was ashore on Saturday night but returned at about 9 pm. At 3.15 am the accused went into the house where the apprentice Collins was sleeping. Accused was dressed in his singlet and drawers and was bare footed. I heard the apprentice sing out while he was in there “Poke, there’s that damn bosun at me again.” 6 I next saw the accused coming out quickly and go to his room. He passed me but did not speak.

    By accused: About half past 5 on Sunday morning I was talking to you and said “What were you in that boy’s room gain for?” You said “I was not there.” I said “It’s no use your telling me that, I watched you going in and out. It’s no use your denying it.” You looked around before going into the boy’s room but you did not see me.

[Signed] Joseph Goodwin.

Taken and sworn at Newcastle, this 2nd day of April 1900 before.
[Signed] LS Donaldson SM.

6

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

Statement of the Accused.

New South Wales, Newcastle
TO WIT.                                   }

Hugh McKinnon stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 2nd day of April in the year of Our Lord one thousand nine hundred and ---- for that he, the said Hugh McKinnon on the 1st day of April 1900 at Carrington, in the said Colony, indecently did assault Frederick Collins, a male person and the examinations of all the witness4es on the part of the prosecution having been completed, and the depositions taken against the accused 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 Hugh McKinnon, and the witnesses for the prosecution James McVane, Frederick Collins, Edward James Williams, Joseph Goodwin being severally examined in his presence, the said Hugh McKinnon 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 Hugh McKinnon saith as follows:– “Nothing.”

Taken before me, at Newcastle, in the said Colony, the day and year first above mentioned.
[Signed] Lester S Donaldson.

7

G. 190.

REGINA.
versus
McKinnon

Offence,— Indecent assault on a male person
    The accused stands committed to take his trial at the next Court of Gaol Delivery to be holden at Maitland, on the 3rd day of April1900 . Bail allowed the accused in £ and two sureties in £ each, or one in £ not applied for

[Signed] Lester S Donaldson

JP.

Dated at Newcastle Police
Office, Newcastle
this 2nd
day of April
AD 1900
4g 416 - 88

~ ~ ~ ~ ~

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

Recognizance to give Evidence.

New South Wales, Newcastle
TO WIT.                                   }

Be it remembered, that on the Second day of April in the year of Our Lord one thousand nine hundred and ----- J McVane a Senior Sergeant of the Police Force, of Newcastle, Frederick Collins of Newcastle in the Colony of New South Wales, ship-apprentice, Edward James Williams of Newcastle in the said Colony, seaman and Joseph Goodwin of Newcastle in the said Colony, watchman 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.
Taken and acknowledged, the day and year first abovementioned, at Newcastle in the said Colony, before me.

[Signed] WF Robertson JP.

The condition of the within written Recognizance is such, that whereas Hugh McKinnon was this day charged before Lester Stuart Donaldson SM Esquire one of Her Majesty’s Justices of the Peace for the said Colony, with indecent assault on a male person.
If therefore, they the before mentioned persons shall appear at the next Court of Gaol Delivery to be holden at Maitland in and for the Colony of New South Wales, on the 3rd day of April 1900, 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 Hugh McKinnon for the offence aforesaid, to the jurors who shall pass upon the trial of the said Hugh McKinnon.

Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] WF Robertson JP.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Circuit Court.
Maitland
3rd April 1900
AG’s No.
Depositions.
CS’s No. 15
Regina
v.
Hugh McKinnon
Indecent assault
Committed at: Newcastle
on: 2nd April 1900
Received since close of Court

~ ~ ~ ~ ~

Justice GB Simpson’s notebook  7

33

[Maitland], 4 April 1900

Regina v Hugh McKinnon – Indecently assaulting a male person Frederick Collins.
Defended by R Windeyer.
James Williams

    Joseph Goodwin. American (dark man). Sailor, West Lothian. Last Saturday ship at the Carrington (Dyke harbour ? 8 ). I was on duty from 6 in evening till 6 next morning as watchman. I saw Collins. He came on board at ½ past 2 that night – in the morning. The prisoner Boatswain of the ship – went on shore about 8 – came back about ½ past 9. He slept in a house midships – sailmaker & carpenter (also ?). He Prisoner went to his room when he came back aboard. Collins slept after part of ship – in a house – Collins & 2 other apprentices & an ordinary seaman. About ½ pris Prisoner kept coming out off & on. He bade me good night at (?) pm & went to his house. I saw him again on deck at ½ past 11. He went back again, came out about 12, went back – saw him again about 3 o’clock. He had singlet & drawers on, nothing else, bare footed. Went into Collins’ house some little distance away. He was there ½ an hour. I heard Collins call ‘Poke, there’s that old beggar, he’s here again after me I’ve got (?) (?) here (near ?).

36
[pp. 34-35 are blank]

Then I went up near to the house to main hatch. The prisoner came out of bo Collins’ house with he his head bent down & passed quickly to the his room. I (was ?) at (?) (door ?) when the prisoner went into the boy’s house. Bright light at gangway about 18 yards from boy’s house – I could see the prisoner plainly. Next morning (Sunday) I saw prisoner, called him aside & said Now Boatswain what did you want you to go into the boy’s room again for. He said he didn’t go in. I said it’s no use saying that for I saw you. He looked round towards me when he was going in to the boy’s room. (?) He knew I was on watch. (? ?) There was a bright light in the galley.

    Cross-examined. (?) galley about (midships ?), quite light at the galley (where ?) I was standing. Prisoner’s house is forward of the gangway – 2 doors to his house – port & starboard side. I was on the port side – light at the gangway at the head of the steps on the port side – galley door on the port side open – light on the starboard side was only for a ship close by. Boy sleeps on the port side. 2 doors to the boy’s house.

37

(I’ve ?) never heard of a case on the Ferndene – I was here yesterday & all today, or of any case on board any ship at Newcastle. I heard of a case (? ?) & saw the 3 sailors (Dutchmen) in the witness room & spoke to them. I heard about the case yesterday. Prisoner knows his (?) & does his duty. He’s always mild to all (every one ?). Never heard him swear at anyone. I have been at sea (?) 5 years years since I have known him have (?) with 8 men. There was a (?) row with the boys boys at Capetown (Newcastle ?) 1st part port of call (after ?) Capetown. Collins sober when he came on bor board. I went back to the boy’s room it was 25 to 4 to (?) what the boatswain (were ?) there for (& ?) he came out. It was 25 to 4. I (?) only asked Collins what the boy was doing the there. I was in there about 3 minutes (?) (?) (talking ?) – (Poke ?) was still asleep when I left (?) seaman & apprentice Campbell (?) (?) (?).

    Cross-examined. I have not a bit of ill feeling towards 9 Port door wh of the boy’s house was open all starboard door shut.

    Frederick Collins. 19 years old apprentice on board West Lothian. Last Saturday I was ashore. Went on board during the night about 12 in the morning or a little after. I went to sleep in my bunk in the (after ?) house. It is about 4 feet off the floor. No one slept below me. I awoke about 4 I think. The prisoner woke me up when he had my penis in his mouth. I struck him with my fist & (held ?) hold of his head & called out to Poke – that damned boatswain (being ?) (?) at me again. Williams (?) in his (?) bunk. The pris boatswain (prisoner) ran. I was positive

38

it was the prisoner. I had no feelings (to ?) the prisoner before this I positively swear. The sky was getting light – lit light enough to see the boatswain I he I adhere to what I said last Sunday the sky was lightening. Prisoner (?) found fault with me in Capetown about 50 or 60 days ago – not just before occurrence. I We came into Newcastle last Thursday. I sure swear there was no trouble between me & prisoner last Saturday. He didn’t threaten to (pull ?) my notice – I didn’t hear him call. I can’t say positively that I wasn’t (back ?) (?) (to ?) prisoner but I’m nearly sure that I wasn’t – don’t remember his saying anything about (dirty ?) (rags ?) in his (locker ?) – (Mate ?) did – prisoner never reproved – mate reproved me for (removing ?) (brass ?) (?) about – I had to clear clean up the brass. I did (not ?) say to the boatswain on Saturday morning if you come (?) up to the on the poop I’ll knock you off it. He said (?) to me I had (been ?) (with ?) (different ?) (?) of (?) in Capetown & that I was a (?) – I had no quarrel about anything else. I (?) spoke to Goodwin about (10 ?) seconds after the prisoner left the house.

39

    Edward James Williams. Ordinary seaman on board West Lothian. That Saturday slept where Collins sleeps. I work woke up I believe between 2 & 3. I heard Collins shouting out ‘Poke that damned fellow’s been here trying to suck me off. (I ?) (saw ?) (a ?) man go to the door. I didn’t recognize him – his back was to the door. He went out quickly. Goodwin came to the house about 5 minutes after the man went out.

    Cross-examined. It was too dark to recognize anyone in that the house that night – no light at all in the house.

    Constable Senior Sergeant McBain10 Newcastle. Sunday last 1 April I saw prisoner on board the West Lothian about 5 pm I said do you know the boy Collins on board here. he said yes. I said he’s made a complaint that you indecently assaulted him this morning in his room. He said I don’t remember being in his room. At police station I stated charged with indecently assaulting a male person & he said no & shook his head. Collins to Windeyer. We (?) sometimes get the newspaper on board – I heard (?) about a ship – I was talking to the (3 ?) sailors yesterday – foreigners – don’t know what they were here for.

    To Crown Prosecutor. No truth at all in the suggestion that I have trumped up

40

the charge v the prisoner.

Defence.

    Hugh McKinnon. Prisoner. At sea 34 years. Boatswain 16 years. On way to Newcastle from Capetown I several times spoke to Collins & reproved him for (it ?). he talked a great deal.

    Did he give you back answers?
He did several times. Last Saturday I spoke to him about brass rags being in my locker. He (? ?) & he said he hadn’t left them there. I said I’d pull his nose, go away I don’t want to have anything to say to you. His He said if you come in the poop Williams & I will give you all you want. I hadn’t accused him of any improper practices. I came out on bor board as Goodwin said. Went to the galley to get (?) last time at 12 – (watchman ?) was (making ?) it. I went to bed & got up at 5. I was never out of my room before that. The

    Cross-examined. Goodwin did say something to him something to me about being in the boy’s room. Don’t remember his saying what have you been in the boy’s room before for. I am sure he never said it. I didn’t take much notice of what he said.

41

I remember the constable coming to me. He asked me did I know the boy Collins. I said yes. He said boy had made a complaint. I said (I ?) (?) (?) the (room ?). I don’t remember saying that there was trouble between me & the boy at Capetown. There was no trouble between me & the boy at Capetown. I wasn’t knocked along the deck or dragged along the deck. My conduct to the boy wasn’t the cause of difference between me the crew & myself at Capetown. I got no (smarting ?) from the crew. These scars on my nose – the crew didn’t (?) cause them. I fell down at at Capetown – that caused the scars.

    Windeyer to Jury.

Jury retire ½ past 6, return at seven.
Verdict Guilty.

    Prisoner (?) very hard to go to gaol for doing nothing. Says he is single & is 49. Joined the ship at Cardiff 6 months ago.

Remanded for sentence.
5th April 1900 sentenced 6 months hard labour Maitland.

~ ~ ~ ~ ~

The Maitland Daily Mercury, Tue 3 Apr 1900 11

MAITLAND CIRCUIT COURT.
TUESDAY, APRIL 3.

    The April sittings of the Maitland Circuit Court opened at East Maitland this morning, before his Honor Justice Simpson. Mr Cecil Weigall was the Judge’s Associate and Clerk of Arraigns. Mr H Crothers, JP., Deputy-Sheriff, represented the Sheriff. Mr Reginald HL Innes prosecuted for the crown. The other barristers present were– Messrs Walter Edmunds, R Windeyer, and B Cowan. The solicitors in court were– Messrs RW Thompson, JHF Walter, WA Read, WJ Enright, WJ Cragg, TA Hill, and JS Harnett.

    Mr RHL Innes handed in his commission to prosecute for the Crown
Two jurymen were excused from attendance, on account of indisposition, and a third for business reasons.

    The following justices of the peace were sworn in:– James Moylan, John William Lawrie, George Grey, and Joseph Newman Sivyer.

Wednesday, April 4.
(Before His Honor Justice Simpson.)

    The Court sat until ten minutes past seven, when it adjourned till 9.30 the following morning, one jury being locked up all night.

INDECENT ASSAULT

    Hugh McKinnon was charged with having, on April 1, at Carrington, indecently assaulted Frederick Collins. Prisoner pleaded not guilty , and was defended by Mr R Windeyer, instructed by Mr WA Read. Prisoner challenged four jurymen.

    The Crown Prosecutor explained the facts of the case to the jury. Prisoner was the boatswain of the ship West Lothian, which was lying at the dyke at Carrington on April 1. Collins was an apprentice on the ship.

    Joseph Goodwin, a coloured sailor on the West Lothian , was on duty from 6 pm to 6 am last Saturday night. The ship was then lying at the dyke at Carrington. The bo’sun came on board about half-past nine. He slept in a house amidships, with two other men. McKinnon went to his sleeping berth. Collins’ slept in a house on the after-deck. Three apprentices and a seaman slept there. About eleven o’clock, McKinnon, who had came out of his berth, bade witness good-night and went to his berth again. About three o’clock he saw prisoner come out on deck, and got into Collins’ house. He stayed there about half an hour. Witness heard Collins call out to one of his mates. Prisoner then came out and walked quickly to his berth. Next morning he spoke to the bo’sun, and the latter denied being in Collins’ room. To Mr Windeyer: The bo’sun was a good-tempered man, and never had a row with anyone, except with one man – a foreigner – at Capetown.

    Frederick Collins, an apprentice on board the West Lothian , went to his berth about 2.30 on Sunday morning, and went to sleep. He awoke some time afterwards. (He explained what occurred.)– To Mr Windeyer: The shy was getting light, and he was sure he recognised the bo’sun. There had been no row between him and the bo’sun on Saturday. The bo’sun called him an objectionable name, and witness threatened to knock him of the poop.

    Edward James Williams, seaman on the West Lothian , slept in the after deck house with Collins. He was awakened by hearing Collins call out. There was a man in the house, but it was too dark to recognise them [sic].

    Senior-Sergeant McVane, of Newcastle, spoke to McKinnon on Sunday afternoon, when prisoner said he did not remember being in the house.

    Collins recalled, said he had not heard or read of any case on the Ferndene. It was not true that he had trumped up this charge against the bo’sun.

    For the defence, Hugh McKinnon said he had been at sea for twenty-four years, fifteen of which he had been bo’sun. He had had to speak to Collins several times between Capetown and Newcastle, owing to the boy’s cheeky conduct. On Saturday spoke to Collins about some brass rings, and threatened to pull his nose. Collins answered, “You come up here (on the poop) and Williams and I will give you all you want.” He did not make use of the expression alleged by Collins. He was not out of his room between twelve and five o’clock on Saturday night.

    Counsel addressed his Honor, Mr Windeyer making a strong appeal on behalf of his client, who, he claimed, was the victim of a conspiracy.

    His Honor summed up, and the jury retired at 6.30 pm. They returned into the court at five minutes to seven, with a verdict of guilty.

    Prisoner [Hugh McKinnon] said he thought it was very hard to go to gaol for doing nothing. He was remanded for sentence. In answer to the Judge, prisoner said he was 49 years old, and a single man. He joined the vessel at Cardiff.

Thursday, April 5.

    The Court re-opened this morning at 9/30.

SENTENCE.

    Hugh McKinnon, found guilty yesterday of indecently assaulting Frederick Collins, at Carrington, was brought up for sentence. His Honor said he was sorry to see prisoner in such a position, more especially as he appeared to be a man of otherwise good character, and a man holding a certain position on the ship. That really made the offence the more serious. Prisoner had denied the charge and said he was not guilty, but after considering the case, he saw no reason to disagree with the verdict of the jury. Accused had rendered himself liable to five years’ penal servitude; but, under all the circumstances, and considering the further punishment of the disgrace caused by the trial, and by the loss of his situation the sentence of the court was that accused be imprisoned in Maitland Gaol for six months, with hard labour.

~ ~ ~ ~ ~

    After lunch John Henry Bramble was sworn in as a justice of the peace.

    His honor said he would not take any more cases till 9.30 to-morrow, and jurymen were released until that time.

~ ~ ~ ~ ~

Newcastle Morning Herald and Miners’ Advocate, Thu 5 Apr 1900 12

MAITLAND CIRCUIT COURT.
Wednesday, April 4.
(Before His Honor Mr Justice Simpson.)

    The Court was re-opened before his Honor at the courthouse, East Maitland, at 9.30 am.

ALLEGED SERIOUS OFFENCE.

    Hugh McKinnon was charged with having, at Carrington, on the 1st April 1900, indecently assaulted Frederick Collins. Prisoner pleaded not guilty, and was defended by Mr R Windeyer, instructed by Mr WA Reid.

    Evidence was given by Joseph Goodwin, Frederick Collins, Edward J Williams, and Senior-Sergeant McVane, and went to show that the offence was committed on board the ship West Lothian, which was lying at Carrington dyke. Prisoner was boatswain of the ship, and Collins was an apprentice.

    The prisoner [Hugh McKinnon] said he had been at sea 21 years, and had been a boatswain 15 years. On the voyage from Capetown he had to reprove Collins several times. On last Saturday he had to reprove Collins again. Collins said to him, “If you come up on the poop Williams and I will give you all you want.” Prisoner denied absolutely that he was guilty of the crime.

    Mr Windeyer in his address based the defence on a charge of conspiracy against some of the crew of the ship. The Crown Prosecutor having replied, his Honor summed up, and the jury retired to consider their verdict.

~ ~ ~ ~ ~

Newcastle Morning Herald and Miners’ Advocate, Fri 6 Apr 1900 13

MAITLAND CIRCUIT COURT.
Thursday, April 5.
(Before His Honor Mr Justice Simpson.)

    The Court re-opened before his Honor at the courthouse, East Maitland, at 9.30 am.

INDECENT ASSAULT

    Hugh McKinnon, convicted of an indecent assault on Frederick Collins, on board the ship West Lothian, at Carrington dyke, Newcastle, was called up for sentence.

    His Honor said he was sorry to see a man, who so far as they knew had occupied a position of standing and responsibility, placed in such a condition that he was a convicted felon. He had no doubt that the jury had given the case every consideration, and he had no fault to find with the verdict. Prisoner had rendered himself liable to a sentence of five years’ penal servitude. He hoped that th leniency about to be extended would not abused by prisoner. Taking into consideration the fact that prisoner would probably lose his situation, and considering the degradation and disgrace which must result from his conviction the sentence would be six months’ hard labour in Maitland Gaol.

~ ~ ~ ~ ~

The Maitland Weekly Mercury, Sat 7 Apr 1900 14

MAITLAND CIRCUIT COURT.

INDECENT ASSAULT

    Hugh McKinnon was charged with having, on April 1, at Carrington, indecently assaulted Frederick Collins. Prisoner pleaded not guilty, and was defended by Mr R Windeyer, instructed by Mr WA Read. Prisoner challenged four jurymen.

    The Crown Prosecutor explained the facts of the case to the jury. Prisoner was the boatswain on the ship West Lothian, which was lying at the dyke at Carrington on April 1. Collins was an apprentice on the ship.

    The jury found a verdict of guilty, and accused was sentenced to six months’ imprisonment in Maitland Gaol with hard labour.

~ ~ ~ ~ ~


Hugh McKinnon, Gaol photo sheet 15 

SRNSW: NRS2327, [3/5988], Maitland Gaol photographic description book, 1875-1930, No. 1182, p. 26, R5130.


Gaol Photo Sheet - 
Transcribed Details

No. 1182
Maitland

Date when Portrait was taken: 12-4-1900

Name: Hugh McKinnon

Native place: Scotland

Year of birth: 1851

Arrived       Ship: West Lothian
in Colony }   Year: 1900

Trade or occupation
previous to conviction  } Seaman

Religion: R.C.

Education, degree of: R&W

Height: 5' 6¼"

Weight     On committal:
in lbs     } On discharge:

Colour of hair: Light Brown to Grey

Colour of eyes: Grey


Marks or special features: Fractured nose, Little finger right hand deformed

(No. of previous Portrait ... ) 

CONVICTIONS

Where and When Offence. Sentence

Maitland CC

4

 4

1900

Indecent assault on a male person

6 months H.L.

 


1     Newcastle Morning Herald and Miners’ Advocate, Tue 3 Apr 1900, p. 7.

2     SRNSW: NRS880, [9/7010], Supreme Court, Papers and depositions, Maitland, 1900, No. 15. Emphasis added.

3     Mn: Was there a (?) in the houses

4     Mn: Which one

5     Mn: Where was Goodwin standing

6     Mn: Had he been at him before

7     SRNSW: NRS7678, [2/6817], Judiciary, GB Simpson, J. Notebooks Circuit Court, 1895-1909, pp. 33, 36-41 (pp. 34-5 are blank). Emphasis added.

8     As recorded in transcript of depositions, though quite illegible here.

9     Seems to be unfinished sentence.

10   McVane in transcript of depositions.

11   The Maitland Daily Mercury, Tue 3 Apr 1900, p. 2. Emphasis added.

12   Newcastle Morning Herald and Miners’ Advocate, Thu 5 Apr 1900, p. 3. Emphasis added.

13   Newcastle Morning Herald and Miners’ Advocate, Fri 6 Apr 1900, p. 3. Emphasis added.

14   The Maitland Weekly Mercury, Sat 7 Apr 1900, p. 7.

15   SRNSW: NRS2327, [3/5988], Maitland Gaol photographic description book, 1875-1930, No. 1182, p. 26, R5130.