Below also see: Charles Downey, 1904,
Charles Downey, 1907

The Cobargo Chronicle, Fri 31 Jan 1902 ¹

LOCAL AND GENERAL NEWS.
———◦———

…
    At the Central Tilba Police Court on Thursday of last week, before Messrs T Carter, J Forster, RM Bate and JH Crapp Js’P, Chas Downey appeared on remand on a charge of indecent assault on a male child. After the evidence had been heard accused was asked if he had anything to say. “No,” he replied, “Except that the evidence of the two boys is quite true—they told the truth.” Eventually he signed the statement. He was then committed for trial at the Bega sessions to be held on the 15 April. Upon hearing the decision accused refused to leave the Court unless he were sentenced there and then. After a slight scuffle with Constable Branch Downey was removed to the lockup. It has since transpired that the accused will be tried at Wollongong on the 4th February.

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Southern Star, Wed 16 Apr 1902 ²

QUARTER SESSIONS.
———◦———

PUNCTUALLY at 10 o’clock yesterday morning Mr Acting-Judge Murray took his seat upon the Bench and opened the Quarter Sessions. Mr Hawkins, PM, also occupied a seat on the Bench.

    Before commencing the business of the Court, Mr Armstrong, KC, on behalf of the bar present, welcomed His Honor and congratulated him on his temporary appointment to the Judicial Bench, and trusted that such appointment would in due course become permanent. Mr Bland, on behalf of the legal profession present, endorsed Mr Armstrong’s sentiments. His Honor suitably replied.

    Messrs H Underhill, JE Jacobson, and Francis Adamson were then sworn in as Justices of the Peace, each taking the oath of allegiance.

    On the application of Mr Bland, Mr John McGregor was excused from duties of juryman on account of deficient hearing.

    Mr Jno Armstrong, KC, prosecuted for the Crown.

    CHARLES DOWNEY was charged with, on the 19th January, 1902, indecently assaulting a boy 11 years (unnamed) at Tilba Tilba.

    Accused, who was undefended, pleaded not guilty.

    The following jury was empanelled:—GE Ward (foreman), Jonas Alcock, JR Irwin, AW McCarthy, R Underhill, AEJCK Graham, John Schuback, FA Alcock, W Sproats, Thos D’Arcy, Andrew Coughran, and JE Lawson. None of the jurymen were challenged.

    The boy [Norman Blake Corkhill ] gave evidence of the assault, and the behaviour of accused, which was of a disgusting character and unfit for publication.

    Norman Bate, 10 years of age corroborated in detail the evidence of the assaulted boy.

    Accused declined to ask any questions of the witness.

    Const Branch, of Central Tilba, deposed: Arrested accused at Bermagui in consequence of information he had received. Asked his name and he replied “Charles Downey.” He admitted being in Tilba on the previous day. Said he did not see any boys there. Then informed him that I had received a complaint of an indecent assault committed upon a boy there the previous day, and as he answered the description of the assailant, arrested him. He said he refused to go with me until I had proved the case against him. On taking him back to Tilba saw Norman Bate and the assaulted boy and asked them if he was the man who committed the assault. Each of them replied “Yes, that’s him.” Accused then said “Oh, yes, they’re the boys.” Then took him to Central Tilba lockup and charged him with indecent assault.

    When asked if he wished to question the witness, accused [Charles Downey] replied “He should then have got a doctor to examine the boy and found out if there was anything done to him.”

    Witness then gave evidence in defence. He gave his residence as Kiama. Met the lads carrying cucumbers, and asked for one, and when he got it asked them “how would they like to have one like that?” Then kissed one of the boys and told him to go about his business.

    Mr Armstrong did not cross-examine witness.

    Accused, addressing the jury, said. “Considering that my case is very hard I think I should be let go with a fortnight’s imprisonment.” (Laughter)

    His Honor, in summing up, remarked the discrepancy of dates given by the two boys, but the evidence of the arresting constable put the date out of question. There was not the slightest doubt about the assault being committed, but the question for the jury to decide was whether the assault was of an indecent character or not. If they believed the evidence of the boy—and he had no motive for telling a lie—they should have no doubt about the assault being of an indecent character.

    The jury then retired to consider their verdict. After a quarter of an hour’s absence they returned to court with a verdict of “guilty.”

    Prisoner was then remanded for sentence.

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The Bega Standard, Fri 18 April 1902 ³

QUARTER SESSIONS.
(Before his Honor Acting Judge Murray)

    The Court of Quarter Sessions was commenced on Tuesday morning. Mr HS Hawkins, PM, occupied a seat on the bench, Mr Armstrong, KC, appeared for the Crown, whilst Mr Mach, barrister-at-law, was present besides the local legal gentlemen.

    Before the business of the Court commenced, Mr Armstrong, KC, on behalf of the bar present, welcomed His Honor, and offered him sincere congratulations on his elevation to the Bench. He trusted that the appointment would not be a temporary, but a permanent one. Mr Bland on behalf of the legal profession, also welcomed and congratulated His Honor, and said that they all sincerely hoped the appointment would be a permanent one, as Bench and public would be the gainers. His Honor thanked those gentlemen very much for the extremely kind sentiments that they had expressed, and said that it was a source of great gratification to him to know that his temporary appointment to the Bench was so favourably received.

    The following magistrates were then sworn in by His Honor:– Hy. Underhill, JP, JE Jackson, JP, and Francis Adamson, JP.

    On the application of Mr Bland, Mr John McGregor was excused as a juryman.

ASSAULT.

    CHARLES DOWNEY was charged with having indecently assaulted, a boy 11 years of age, at Tilba Tilba, on the 19th of January last. Accused who was undefended, pleaded “not guilty.” Jury– Messrs GW Ward (foreman). Jonas Alcock, JR Irvin, AW McCarthy, Robert Underhill, AEJCK Graham, John Shuback, Frederick Alcock, Wm Sproates, T D’Arcy, Andrew Coughran, and JE Lawson.

    For the prosecution, evidence was given by two boys, and Constable E[dward] C[harles] Branch of Central Tilba.

    The accused then gave evidence on his own behalf, and addressing the jury said, “Considering my case is very harmless, I consider I should be let go with a fortnight’s imprisonment.”

    His Honor, in summing up, remarked upon the date given by the first witness, but the precise date didn’t matter so much—the second boy corrected the date. In weighing the evidence the jury would have to consider who had the strongest motive in telling a lie. The boy could have no motive in telling a lie. Accused had his liberty at stake, and may have had some motive in telling a lie, thinking it was the best way to mislead the police.

    The jury retired, and after a quarter of an hour’s absence, returned to Court with a verdict of “guilty.” The prisoner was then remanded for sentence.

    Sub-Inspector McKeague, in answer to His Honor, said that accused was a stranger here, and nothing was known of his antecedents. His Honor, addressing accused, said that he could sentence him to 5 years penal servitude, and he could order him to be flogged but he would not do this. His Honor sentenced accused to 9 months’ hard labor in Goulburn Gaol, and warned him that if ever he came before the court again, and was convicted on a charge of this sort, this conviction would be brought against him, and he would probably be sentenced to penal servitude for life.

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Southern Star, Sat 19 Apr 1902 ⁴

QUARTER SESSIONS.
———◦———
SECOND DAY—Wednesday.
————

…

————
SENTENCE.

    Charles Downey, found guilty on the previous day of indecent assault on a boy at Tilba Tilba, was brought up for sentence. He had nothing to say. Sub-inspector McKeague said he was a stranger and the police knew nothing about him. His Honor gave prisoner some good advice, and sentenced him to nine months’ penal servitude in Goulburn gaol, telling him that he had rendered himself liable to five years and a flogging.

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Charles Downey, Gaol photo sheet ⁵

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Gaol Photo Sheet - Transcribed Details

No. 8724
02.1727

Date when Portrait was taken: 29-4-1902

Name: Charles Downey

Native place: Ireland Year of birth: 1876 Arrived       Ship: Unknown in Colony }   Year: Trade or occupation previous to conviction  } Laborer Religion: RC Education, degree of: R W Height: 5' 2½" Weight     On committal: 142 in lbs     } On discharge: Colour of hair: L. Brown Colour of eyes: Blue

Marks or special features: Both little fingers slightly crooked, small ears

(No. of previous Portrait ... )  CONVICTIONS
Where and When				Offence.	Sentence
Bega Q.S	15	4	1902	Indecent assault on a male person	9 months HL

 

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Charles Downey, 1904

The Sydney Morning Herald, Sat 13 Feb 1904 ⁶

LAW REPORT.

…

LAW NOTICES.
Monday, February 15.

…

SYDNEY QUARTER SESSIONS.

…
    Charles Downey, indecent assault;

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The Sydney Morning Herald, Tue 16 Feb 1904 ⁷

LAW REPORT.
Monday, February 15.

…

METROPOLITAN QUARTER SESSIONS.

…

ASSAULT.

    Samuel [aka Charles] Downey pleaded not guilty to a charge of assaulting Samuel Dominey at Sutherland on January 23. After hearing brief evidence the jury found the accused guilty. A previous conviction of a similar nature was recorded against the accused, and he was sentenced to 18 months’ imprisonment with hard labor. After the sentence was passed the accused protested his innocence.

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Charles Downey, Gaol photo sheet ⁸

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Gaol Photo Sheet - Transcribed Details

No. 9240

Date when Portrait was taken: 15-2-1904

Name: Charles Downey

Native place: Ireland Year of birth: Arrived       Ship: Unknown in Colony }   Year: Trade or occupation previous to conviction  } Laborer Religion: RC Education, degree of: R & W Height: 5' 2⅜" Weight     On committal: 132 in lbs     } On discharge: Colour of hair: Brown Colour of eyes: Blue

Marks or special features: Nil

(No. of previous Portrait .. 8724) CONVICTIONS
Where and When				Offence.	Sentence
Wollongong PC Bega Q.S Sydney Q.S Brownsville PC ditto	25 15 15 22 22	8 4 2 1 1	1896 1902 1904 1906 1906	Drunk Indecent assault on a male person ditto Indecent behaviour Indecent language	5/- or 24 hours imprisonment 9 months H.L. 18 months H.L. 10/- or 7 days HL £2 or 1 month HL  |  Accumulative

 

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Charles Downey, 1907

The Illawarra Mercury, Tue 30 Jul 1907 ⁹

QUARTER SESSIONS.

    The Quarter Sessions were opened this morning before His Honor Judge Rodgers.

    Mr J Armstrong was Crown Prosecutor.

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The Illawarra Mercury, Fri 2 Aug 1907 ¹⁰

QUARTER SESSIONS.

    Charles Downey was charged with having committed an unnatural offence at Coolangatta.

    Accused pleaded not guilty.

    The evidence of the lad Kenneth [Lloyd] McLean, Cummins (schoolmaster), William John Moroney, Dr Lewers, and the police was taken.

    The jury returned a verdict of guilty, and the prisoner was sentenced to penal servitude for five years. His Honor also declared him to be an habitual criminal, which means that he may be kept in gaol during the Governor’s pleasure.

~ ~ ~ ~ ~

Charles Downey, Gaol photo sheet ¹¹

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Gaol Photo Sheet - Transcribed Details

No. 10537

Date when Portrait was taken: 5-8-1907

Name: Charles Downey

Native place: New South Wales [sic] Year of birth: 12 April 1874 Arrived       Ship: in Colony }   Year: B.S. Trade or occupation previous to conviction  } Laborer Religion: R Cath Education, degree of: R & W Height: 5' 2½" Weight     On committal: 147 in lbs     } On discharge: Colour of hair: Brown Colour of eyes: Blue

Marks or special features: Minus two teeth top yaw, and one tooth from lower yaw. Five vaccination marks outside left upper arm. Two vaccine marks outside right upper arm. Hair thin in front of head. Round brown scar on left shin

(No. of previous Portraits .. 8724, 9240) CONVICTIONS
Where and When				Offence.	Sentence
Wollongong PC Bega Q.S Sydney Q.S Brownsville PC ditto Wollongong Q.S	25 15 15 22 22 30	8 4 2 1 1 7	1896 1902 1904 1906 1906 1907	Drunk Indecent assault on a male person ditto Indecent behaviour Indecent language Buggery	5/- or 24 hours HL 9 months H.L. 18 months H.L. 10/- or 7 days HL £2 or 1 month HL  |  Accumulative 5 years P.S. and declared to be a habitual criminal

 

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¹     The Cobargo Chronicle, Fri 31 Jan 1902, p. 2.

²     Southern Star, (Bega, NSW), Wed 16 Apr 1902, p. 2.

³     The Bega Standard, Fri 18 Apr 1902, p. 2. Emphasis added.

⁴     Southern Star, (Bega, NSW), Sat 19 Apr 1902, pp. 2, 3. Emphasis added.

⁵     SRNSW: NRS2138, [3/6067], Darlinghurst Gaol photographic description book, 1901-1902, No. 8724, R5109, p. 338.

⁶     The Sydney Morning Herald, Sat 13 Feb 1904, p. 9.

⁷     The Sydney Morning Herald, Tue 16 Feb 1904, p. 7.

⁸     SRNSW: NRS2138, [3/6069], Darlinghurst Gaol photographic description book, 1903-1904, No. 9240, R5110, p. 60.

⁹     The Illawarra Mercury, Tue 30 Jul 1907, p. 2.

¹⁰   The Illawarra Mercury, Fri 2 Aug 1907, p. 2. Emphasis added.

¹¹   SRNSW: NRS2138, [3/6072], Darlinghurst Gaol photographic description book, 1907-1909, No.10437, R5112, p. 146. Emphasis added.

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