Robert Heaton and Robert White, 1899

Below also see: Robert Jeffrey Owen, et al, 1903,
Robert Jeffrey Owen, 1913

 

The Argus, Wed Sat 24 Jun 1899 ¹

SUBURBAN HOUSEBREAKERS.
———◦———
SINGLE-HANDED CAPTURE OF
TWO MEN.
———
PLUCKY ARREST BY SERGEANT
ROGERSON.

    A lively fight took place yesterday afternoon off Dandenong-road between Sergeant Rogerson, of Armadale, and two housebreakers named Robert Heaton and Robert White, [aka Robert Jeffrey Owen] and, though the prisoners displayed, for nearly half an hour, the recklessness and desperation borne of love of liberty, the sergeant pluckily retained his hold of them until assistance reached him.

    Sergeant Rogerson left Armadale Police Station at about 2 o’clock, and after an hour’s patrol duty he entered Chomley-street. Almost immediately Mrs Francis Laughton, of Highbury-grove, turned the corner, and called loudly to him that she had been robbed. The sergeant returned with Mrs Laughton to her house, and found that it had been visited by robbers during her temporary absence. The back door had been broken in with an axe belonging to the house, and after ransacking the premises the robbers had left it in the bedroom, and walked off with their booty in a bundle. Mrs Laughton encountered the men as they left the house and endeavoured to detain them, but they merely laughed at her, and scampered off towards Dandenong-road. But before meeting Sergeant Rogerson Mrs Laughton had told the story to a boy driving the care [sic] of Messrs Richards and Co, grocers, of Chapel-street, Prahran, and he had set out after the housebreakers. Sergeant Rogerson followed, and on reaching the corner of Dandenong-road he met the grocer’s boy, who said he had seen the two fugitives enter the vacant land formerly the property of the late Judge Skinner.

    The sergeant jumped into the cart and was driven to the side of “Skinner’s Paddock,” which is a large area lying to the east of the St Kilda Cemetery. The boy then drove off, and Sergeant Rogerson commenced a search of the paddock. For about 10 minutes he could discover no sign of the housebreakers, but at last, in a far corner, beneath the low-lying branches of a thick fir-tree, he caught a glimpse of some dark object. This proved to be the hat of one of the housebreakers, and, approaching the couple quietly from the rear, the sergeant pounced upon them. With his hand beneath his jumper to lead them to believe he was armed, he cried, “Throw up your hands,” and the ruse succeeded so well that both men instantly obeyed, and made no resistance when they were handcuffed together. “Where is the stuff?” then asked Sergeant Rogerson. “Find out,” laconically responded Heaton, who was the elder man, and apparently the master mind. The sergeant lost no time in looking through the undergrowth, and soon came across the whole of the property taken from Mrs Laughton’s house, tied neatly in a stolen tablecloth. With this under one arm, Sergeant Rogerson seized White with the other, and the trio commenced walking towards the gate of the paddock. They had passed the house where Judge Skinner lived, and were about half-way down the drive, when Heaton managed to slip his handcuff. He instantly broke away, and called to the sergeant, “Now, let us both go, and we’ll do nothing to you.” “That’s not my game,” responded Sergeant Rogerson, and as Heaton called to his companion, “Let’s go for him,” the sergeant dropped the bundle, and seized the speaker by the throat. He was instantly met with a vicious uppercut on the side of the jaw, but he retained his grip of both men, and kept close to his captives to prevent them using their fists to the best advantage. But if they were unable to hit the sergeant with any long, swinging blows, both Heaton and White managed to deal out some very effective half-arm hits. With both hands engaged in holding the men, the sergeant was only able to defend himself by kicking vigorously, and he succeeded in planting several heavy kicks on the forms of his assailants. While the fight continued the trio fell several times in the drive, and both captor and captives were scratched and bruised by the falls. But, whether standing or prone, the fists beat upon the sergeant’s face like the stampers of a quartz battery and he was bleeding profusely when they reached a spot close to the gate.

    “It was there,” says Sergeant Rogerson, “that Heaton stumbled across a half-brick, and as we fell in another scuffle he seized this weapon, and called, “I’ll murder him.” The younger fellow called out, “No, no, don’t murder him. You can stun him easily with a kick,” and both then tried to upset me again and kick me about the head. But I kept on my feet, and as the prolonged struggling had commenced to tell upon White, he cried, “I’m done.” The other said then, “I’ll kill him,” and with his free hand he brought the brick down three times on my head. I staggered back, and, seeing me weaken, Heaton tore my jumper open and pulled out my watch and chain. I grabbed him again as he took them, but felt that I could not last much longer. Just then the grocer’s boy came back with Constable Hudson from the East St Kilda police station, and we had them safe.”

    The grocer’s lad then returned to Windsor station for a cab, and upon its arrival the two accused were taken to the Armadale watchhouse. They were both in a very weak state from the struggle they had passed through, and had scarcely a shred of clothing above their waists, their waist-coats and shirts having been torn to ribbons by the sergeant. They were each charged with breaking into Mrs Laughton’s house, with inflicting grievous bodily harm on Sergeant Rogerson, and with assaulting and robbing him of his watch and chain. At the direction of Sub-inspector Crampton, who is in charge of the district, they were subsequently removed to the Prahran watchhouse, where there is safer accommodation.

    Sergeant Rogerson returned to Armadale in a pitiable condition. The blood that had poured from his wounds smothered his face and beard and saturated his clothing, and it was feared that he was seriously hurt when Dr Sisca, of Hawksburn, was called in. Happily, the wounds are merely superficial. “You can thank your thick skull and your strong constitution for saving you,” said the doctor, as he dressed the wounds, and though Sergeant Rogerson was then unable to see through the swelling round his eyes, he recovered his sight later in the evening, and unless unforeseen complications ensue will probably be well in a few weeks.

    The prisoners are Robert Heaton, a sturdy painter, 30 years of age, and a native of Melbourne, and Robert White, a Welsh sailor, of 23.

    The men will appear before the Prahran Court to-day.

~ ~ ~ ~ ~

Bendigo Advertiser, Sat 24 Jun 1899 ²

MELBOURNE
———◦———

Friday, 23rd June.

…

————

    Sergeant Rogerson was very severely handled to-day by two house-breakers arrested by him at Armadale. While on duty Mrs Lawton, of Highbury, reported to him that burglars had raided her house and stolen a quantity of stuff, and had got into the scrub. Sergeant Rogerson searched the scrub, and coming on two men lying down named Robert Heaton, aged 30 years, a painter, and Robert White, aged 23, a sailor arrested them and handcuffed them together. He found a bag near at hand, which he thought had been hidden. While on the way to the lockup heaton managed to smash the chain of the handcuffs, and the men then attacked Rogerson, who stuck to them, and received a severe handling. Heaton, seizing a brick, proposed to murder him, but White said “No.” Heaton, however, assaulted the officer, and inflicted serious wounds on his head, when Constable Hodgon coming to the rescue, the robbers were secured. They have been charged with burglary and inflicting grievous bodily harm, and also with the robbery of Rogerson’s watch, which they snatched in the scuffle. Rogerson had his wounds stitched at the hospital.

~ ~ ~ ~ ~

The Argus, Wed Mon 26 Jun 1899 ³

SUBURBAN HOUSEBREAKERS.
———◦———
SERGEANT ROGERSON’S
ASSAILANTS.

    The two men, Robert Heaton and Robert White, who violently assaulted Sergeant Rogerson, of Armadale, on Friday last, when that officer had them under arrest for housebreaking, were brought before Messrs W Witt and HM Gooch, JP’s, at the Prahran Court on Saturday last, and remanded till Thursday next. Both men were charged with breaking into the dwelling house of Francis Laughton, of Armadale, and committing a felony therein; with inflicting grievous bodily harm on Sergeant Rogerson; and with unlawfully assaulting and robbing Sergeant Rogerson. The same prisoners are also to be charged with breaking into the residence of Mr Alfred Adams, of Armadale, on the 18th inst. At the time of their arrest one of the prisoners was wearing an overcoat that had been stolen from Mr Adams’s residence.

    Sergeant Rogerson is still confined to his room, but he is making rapid progress towards recovery, and will probably be able to leave his house in the course of a day or two.

    The prisoner Heaton has been identified as a man named Colston, who has been several times convicted of minor offences. White is not known to the police.

~ ~ ~ ~ ~

The Argus, Wed Fri 7 July 1899 ⁴

ROGERSON’S ASSAILANTS.
———◦———
ACCUSED COMMITTED FOR TRIAL.
————
THE SERGEANT COMMENDED.

    At the Prahran Court yesterday Robert Heaton, alias Hector Coulston, and Robert White were charged—(1) with breaking and entering into the dwelling house of Francis Loughton, [aka Laughton] at Armadale, on June 23, and stealing property to the value of £9; (2) with unlawfully and maliciously causing grievous bodily harm on William Rogerson, with intent to prevent lawful apprehension; (3) with unlawfully assaulting and robbing William Rogerson of a gold watch and chain, valued at £20; and (4) with breaking into the house of Alfred Adams, at Armadale, and stealing property valued at £15, on June 18. Inspector Crampton conducted the prosecution.

    Sergeant Rogerson, who appeared in court with his head bandaged, evidently had not recovered from the maltreatment he received.

    Mrs Bertha Loughton, of 48 Highbury-grove, Armadale, said she returned home about 3 o’clock on the afternoon of June 23, and saw the accused coming out of her gate. White had a bundle under his arm. She asked them what they were doing there. They made off. She put her baby on the footpath and followed them. She saw a young man driving a grocer’s cart, and he followed them. On getting back to her house she found that the back door had been smashed open with an axe, and her house had been ransacked. A suit of clothes, an overcoat, a watch and chain, and other things, valued at about £9 had been stolen.

    Francis Loughton identified the articles produced as his property.

    Charles Ford, grocer’s assistant, in the employ of Richards Bros, Windsor, said that he drove after the prisoners until he met Sergeant Rogerson. He drove the sergeant to the paddock the robbers had entered. The men were found in the scrub under a fir tree. They were handcuffed. The sergeant told him to look after his cart, and he left to find another constable. He saw Constable Hudson in Inkerman-street, about half a mile away, and drove him back to the paddock, where they found Sergeant Rogerson struggling with his prisoners.

    Sergeant Rogerson described the particulars of the arrest, and said the men went quietly enough until they came to the stable of the late Judge Skinner, when Heaton slipped the handcuffs, and said, “We will stouch the —–.” They endeavoured to get away. He held them until Constable Hudson arrived, when they were locked up.

    Resuming his evidence on the other charges the sergeant said,—After Heaton had slipped the handcuffs he said, “We will stouch the —–, and get away.” I said, “No you don’t,” and throwing the property away I seized Heaton with my right hand and White with my left. I got hold of both of them by the throat. We had a scrimmage for a long time. I felt I was getting the better of the prisoners when we got near Alexander-street. There Heaton found half a brick (produced). Heaton said to White, “It’s no use. He won’t let us go. I’ll murder him.” White said, “No, don’t murder him, don’t hit him with the brick, kick him senseless.” (Sensation.) White then said to me, “Let my mate go, I’ll stand the brunt. I won’t interfere with you any more.” I said, “No, I’ll die first.” Heaton then said to White, “Have you got a knife. I’ll finish him.” (Sensation.) White replied, “No, you know he took it off me.” White then said, “I have had enough.” Heaton commenced hammering me on the head with the brick. He said, “I’ll finish you now. I’ll murder you.” I felt four distinct blows with the brick; one over the eye and one on the side of the head, and two on top of the head. I felt the blood running down my face. I was nearly blinded with blood. A young man came along on a bicycle. He put his hands on the gate close to where I was to steady his bicycle, and as far as I could see, from the expression on his face, he seemed as if he was enjoying a dog fight, or enjoying the scene. Parnell is his name. He is a teacher at Mr Goldstraw’s Grammar School, High-street, Armadale. (Ironical laughter.) He is an athlete, a good cricketer, and footballer. He is 20 years of age. He did not assist me in any way or shape. I said, “For the love of God come and give me a hand, or go for Mr Truelove, at the cemetery.” I was in uniform. Parnell never opened his mouth. I think he remained looking on for fully 15 minutes. I saw one man on the cemetery wall for about 10 minutes. Latter on I saw two others. They were only the width of the street off. They must have seen me. I called upon them to fetch Mr Truelove. At the time I called upon young Parnell I must have been on the ground most of the time. The fence where I was is composed of African box-fir, with spurs about one and a half inches long. My head rested amongst them. I think I lost two quarts of blood, two thorns were taken out of my head. Just before Constable Hudson arrived I felt I was about finished, and I said, “Lord save my soul.” I never let go of either of the men. During all the time White was hitting me and smashing my face with his fist.

    Further evidence was given by the sergeant as to being robbed. Heaton tore his jumper open, and snatched his watch and chain.

    Constable Hudson said after the men had been handcuffed Heaton said, “The sergeant deserves us. He is a Briton for hanging on to us the way he did. Not one in a thousand would have done it.”

    Dr [Natale] Sisca, of Hawksburn, said, when he was called to see the sergeant he looked as if his head had been plunged in a bucket full of blood. His features were completely obliterated. He put three stitches in a wound over his eyebrow, and three in one on the side of his head. There were two cuts on the top of his head. His forehaed [sic] was battered and bruised beyond recognition. If the wound over the eye had been a little further round it would have been fatal. The sergeant had a very narrow escape..

    The Mayor (Councillor Simmons), on behalf of the Bench, expressed his high appreciation of the conduct of Sergeant Rogerson. It was a splendid object lesson, not only to the force, but to the citizens of a man doing his duty, and he had no doubt those in authority would suitably reward him. He also complimented Mrs Loughton and the boy Ford for the part they took in the matter. With respect to the young man who had refused to assist the sergeant, from his age he judged he was a native (Mr Gooch, JP,—I hope not.) He trusted the police would take some action in that matter, as the man’s conduct was disgraceful.

    Inspector Superintendent O’Callaghan said he was very pleased to acknowledge the work of Sergeant Rogerson. He had already recommended him for promotion. Mr Ford’s conduct would also be recognised. He had given instructions that inquiries should be made with respect to Parnell, and if necessary steps would be taken to punish him.

    On all four charges the men were committed for trial.

~ ~ ~ ~ ~

The Argus, Wed Fri 21 July 1899 ⁵

THE ARMADALE ROBBERS.
———◦———
SERGEANT ROGERSON’S
ASSAILANTS ON TRIAL.
————
HEATON SENTENCED TO EIGHT
YEARS’ IMPRISONMENT.

    In the Criminal Court yesterday before Mr Justice Williams, Robert Heaton and Robert White were charged with inflicting grievous bodily harm on Sergeant Rogerson, of Armadale, with intent to prevent lawful detention. It will be remembered that the sergeant arrested the two men in a reserve, in connection with a housebreaking affair, on June 23 last. They allowed Rogerson to put handcuffs on them, but after going with him a little way they managed to slip the manacles, and at once attacked him in a most brutal fashion.

    Mr Maxwell, with Mr Leon, prosecuted for the Crown, and the prisoners were undefended.

    Evidence similar to that given at the lower court was tendered, and Sergeant Rogerson gave the same account of his struggles with the two prisoners. He said that after they had been pummelling him for some time Heaton said, “It’s no use; he won’t let us got. I’ll murder him.” At that time Heaton had half a brick in his hand. White said, “No; don’t murder him. Don’t hit him with the brick, but kick him senseless.” Heaton also said to White, “Have you a knife; I’ll stab him.” He felt the brick strike him over the eye and three times on the head.

    Robert Heaton entered the witness-box and, on oath, said:—“I wish to deny, on oath, the use of a brick, or any other weapon. The handcuffs were swinging loose, and the sergeant’s wounds must have been caused by them or by his falling about. I deny using the words ‘I will murder you. Give me a knife, White, and I’ll stab him.’”

    Mr Leon—Will you say that the wounds were caused by the handcuffs?—I don’t say that. I say the handcuffs may have caused the cuts, or the sergeant, in falling about on the ground, may have received them accidentally.

    Did you hit the sergeant with anything?—Yes; with my hands.

    Your hands were free?—Some part of the time.

    And you could have got away?—Yes.

    Why didn’t you go then?—Because I wanted to help my mate, and I stayed for that purpose.

    How did you help your mate?—By hitting the sergeant with my fists.

    Where did you hit him?—In the face and on the head.

    Did your mate hit the sergeant?—Yes; with his fist.

    Not with the brick?—No.

    Did your mate hit the sergeant with the handcuffs?—I don’t know. They were swinging loose from his wrist.

    The prisoner [Robert] White also elected to go on oath. He said:—“I only wish to state that there was no brick used. Nor did I hear any of the expressions used during the struggle which the sergeant says were used. The handcuffs were swinging loose from my wrist, and may have caused the sergeant’s wounds. With the exception of the handcuffs no weapon was used.”

    Mr Leon—Did you hit the sergeant with your fists?—Yes.

    Where did you hit him?—About the face and head.

    Did you use the brick?—I did not.

    Or the handcuffs?—The handcuffs were swinging loose, and were operating entirely apart from my will.

    Were you hitting the sergeant in order to prevent arrest?—Yes.

    Addressing his Honour, Heaton said:—Does grievous bodily harm, in this case, mean wounding with intent to cause death?

    Mr Justice Williams—Not necessarily.

    Heaton—Then I have nothing more to say.

    After Mr Leon had addressed the jury,

    Mr Justice Williams, in summing up, remarked that he had very little to say in regard to the case. There was no doubt that the prisoners broke into a house on the 23rd June last, and were followed and arrested by Sergeant Rogerson. He had no hesitation in saying that if what the sergeant said was correct, and there was no reason to doubt it, the prisoner Heaton undoubtedly cause grievous bodily harm for the purpose of trying to escape from custody. In regard to the other prisoner, White, he could not see that there was a case against him. The sergeant himself said that White protested against the use of the brick, and remarked, “Don’t kill him.” Unless the jury believed that when White said that he was shamming, and meant the very reverse, there was no case against him, because instead of being a party to the infliction of the grievous bodily harm he was a dissentient. It was clear that White was prepared to resist arrest, and to use his fists for that purpose, but it did not appear that he was prepared to go further. If the jury found that as a fact he did not do, and was not prepared to do, more than that, they would acquit White.

    The jury retired, and after about two hours returned with a verdict of guilty against both prisoners, White being strongly recommended to mercy.

    Mr Justice Williams—I would like to ask you a question or two on your finding, gentlemen, as I think I ought to state a case for the Full Court on behalf of White. It will, of course, depend upon your answers to my questions:—1. Did White do anything else beyond striking the constable with his fists on the face and head? 2. In your opinion were White’s appeals to his mate Heaton not to his the constable [sic] with the brick and not to murder him genuine?

    The Foreman—One of the jurors thinks that the wounds must have been inflicted by the handcuffs, and—–

    Mr Justice Williams—I don’t want to hear any of your reasons; just answer the questions I have put to you.

    After a few minutes’ retirement the jury returned to the court, and

    The Foreman said:—“We find (1) that White used nothing but his fists in the encounter, and that his appeals to his mate not to hit the sergeant and not to murder him were genuine.”

    Mr Justice Williams—Thank you, gentlemen. Then to the prosecutor for the Queen—I will state a case for the opinion of the Full Court in regard to the evidence against White.

    Addressing Heaton, Mrs Justice Williams said:—You have been found guilty of inflicting grievous bodily harm. That is a very serious offence. It is not your fault, but your good-fortune, that the sergeant was not maimed for life, or that something worse did not happen to him. You were under lawful arrest, and you tried to get away, and with that object in view you treated this man in a most violent way. I must pass a severe sentence upon you, and I now order that you be imprisoned for five years, with hard labour, the first five days of each of the last 18 months to be passed in solitary confinement.

    To White his Honour said:—I will not sentence you upon this charge until after the opinion of the Full Court has been obtained.

    On two charges of housebreaking Heaton and White pleaded guilty. Heaton, who acknowledged four prior convictions, was sentenced to 18 months imprisonment on each charge, the sentences to be cumulative, and White was sentenced to 12 months’ on each charge, cumulative, the first four days in the second, fourth, sixth, ninth, twelfth, thirteenth, fifteenth, and eighteen months to be passed in solitary confinement.

~ ~ ~ ~ ~

Bendigo Advertiser, Fri 21 Jul 1899 ⁶

MELBOURNE
———◦———

Thursday, 20th July.

…

———

    Robert Heaton and Robert White were placed on trial at the Criminal Court to-day on a charge of inflicting grievous bodily harm on Sergeant Rogerson, of Armadale, with intent to prevent a lawful detainer. The evidence given was similar to that given in the lower court, Sergeant Rogerson recounting his terrific struggle with the two prisoners. The prisoner Heaton denied that he had used any weapon such as a brick, and contended that the wounds must have been caused either by the handcuffs swinging loose or by the sergeant falling. He tried to get his mate away by hitting the sergeant with his hands. The jury found both prisoners guilty of inflicting grievous bodily harm. Mr Justice Williams will state a case for the Full Court on White’s behalf. Heaton received five years with hard labour and terms of solitary. The sentence on White was deferred.

~ ~ ~ ~ ~

The Horsham Times, Fri 21 Jul 1899 ⁷

LATEST TELEGRAMS.
———◦———
(By Wire—From Our Correspondent.)

Melbourne, Thursday.

THE ARMADALE OUTRAGE.

    The Armadale outrage, in which Police-sergeant Rogerson was brutally assaulted by two burglars he had in custody, was before the Central Criminal Court to-day. Justice Sir Hartley Williams sentenced Robert Heaton to three years imprisonment for housebreaking and to five years for assaulting the Sergeant. Robert White was sentenced to two years imprisonment for housebreaking. As to the charge against him of grievously wounding Sergeant Rogerson, a case is to be stated, on legal points raised by his counsel, for the Full Court.

~ ~ ~ ~ ~

Riverine Herald, Fri 21 Jul 1899 ⁸

THE ARMADALE OUTRAGE.
———◦———
THE ASSAULT ON SERGEANT
ROGERSON.
———
(By Electric Telegraph.)
———
(From Our Own Correspondent.)

Melbourne, Thursday.

    Robert Heaton and Robert White were charged at the Criminal Court to-day before Mr Justice Williams with inflicting grevious [sic] bodily harm on Sergeant Rogerson, of Armadale, who was endeavoring to arrest them on a charge of housebreaking.

    After deliberating for nearly two hours the jury returned into court with a verdict of guilty against both men, but recommended White to mercy.

    Both were found guilty on a charge of housebreaking.

    On the charge of assaulting Sergeant Rogerson, Heaton was sentenced to five years imprisonment , with periode [sic] of solitary confinement, and three years imprisonment on the housebreaking charge.

    White was sentenced to two years imprisonment on the housebreaking charge and remanded for sentence on the more serious charge, His Honor remarking that he would state a case for the consideration of the Full Court.

~ ~ ~ ~ ~

The Argus, Wed Tue 22 Aug 1899 ⁹

THE ARMADALE ASSAULT.
———◦———
LAST OF SERGEANT ROGERSON’S
ASSAILANTS.

    In the Criminal Court yesterday Robert White, who was found guilty last month of causing grievous bodily harm to Sergeant Rogerson, and whose sentence was postponed until the Full Court gave a decision on a point raised by the presiding judge, was brought up for sentence.

    Mr Justice Williams said,—The jury found you guilty of causing grievous bodily harm with a view to prevent lawful detainer. There is a marked difference between your case and that of your companion, Heaton, who was engaged with you in the perpetration of this offence. The jury found that your appeals to your mate Heaton not to hit Rogerson with a brick were genuine. They also found expressly that you did nothing to Rogerson beyond hitting him in the face and on the head with your fists. I had some little doubt, at the time, whether the facts of your case, taken in conjunction with the finding of the jury, amounted to inflicting grievous bodily harm within the meaning of the act, and I reserved that point on your behalf for the Full Court. The Full Court have decided the point against you, but as the jury strongly recommended you to mercy, and as there is a marked difference between your case and that of Heaton, I will make a distinction in the sentence I am about to pass upon you. The sentence of the Court is that you be imprisoned for 18 months with hard labour, and that you pass the first four days of each month of the last six months in solitary confinement. This sentence will be cumulative on the sentence you are now serving for housebreaking, or any other sentence.

 

---

 

Robert Jeffrey Owen, et al, 1903

The Sydney Morning Herald, Fri 31 Jul 1903 ¹⁰

COUNTRY NEWS.
———◦———

…

SOUTH COAST.
————

…

Corowa, Thursday.

    At the local police court yesterday four young men, Harris, Priory, Hill, and [Robert Jeffery] Owen, were charged with stealing in company from the Burrajaa [sic] Hotel on July 13. The accused were committed for trial.

~ ~ ~ ~ ~

The Wagga Wagga Advertiser, Sat 1 Aug 1903 ¹¹

NEWS IN BRIEF.
————

…
    Four men, Owen, Priory, Harris, and Hill, were brought before Messrs Leslie, King, Longfield, and Piggin, JsP, at the Corowa police court on Wednesday morning on a charge of stealing in company from the hotel premises of Mr Albert Beard, at Burryjaa, on the night of the 13th July. They were committed for trial at the Albury Circuit Court, to be held on 5th October.

~ ~ ~ ~ ~

The Albury Banner and Wodonga Express, Fri 9 Oct 1903 ¹²

ALBURY CIRCUIT COURT.
———◦———
Monday, October 5.
(Before Mr Justice Simpson.)

    This court was opened at 10 am. Mr GR Evans acted as deputy sheriff. Mr H Pilcher held the briefs for the Crown.
    Mr Wildash, manager of Brae Spring Station, and Mr JS Chapman, manager of the Bank of New South Wales, were excused from service as jurors.
…

Tuesday, October 6.

STEALING FROM A DWELLING.

    Robert Jeffrey Owen, Dashwood Priory, alias McKenzie Noble, Walter Horace, and Frederick Hill were charged with stealing valuable securities and money to the value of £58, the property of Albert Beard, at Burrajaa on 14th July. Owen and Priory pleaded guilty. Horace and Hill pleaded not guilty, and were defended by Mr J Wilkinson.

    The following jurors were sworn:—W McGuffin, W McDonald, EF Reid, E Osborne, JP Eck, R Thornton, JH Simmons, W Yensch, J Stanton, J Daley, OJ Hore, W Godde.

    Albert Beard, licensee of the Burrajaa Hotel, deposed: On 14th July I had a cash-box; there was £78 in cash—gold and notes—on the previous day; I had taken £20, leaving £58 in the box; I left it in my bedroom after taking the £20 out; I went to Corowa at 10 am, returning about midnight; on 16th I went for the cash-box, but could not find it; I next saw it on the following Sunday week in a paddock on Burrajaa Station; the box had been locked, but was open when found.

    To Mr Wilkinson: There was about £16 in gold in the box, no silver.

    Isabella Beard , wife of the last witness, deposed: My husband went from home at 10 am on July 14; I saw the cashbox in my bedroom between 9 and 10; it was on the floor opposite the front window, near a chest of drawers; at tea time on 14th we were having tea in the dining room—myself, the children, and servants; I heard a knocking in the bar; I went to the bar, but saw no one there; I walked to the bar door and met the two prisoners Owen and Priory; I served them and they went away.

    John B Troughton deposed: I am wool-classer at Burrajaa; I saw the four men on July 13; they came to the shearers’ hut and stayed till Sunday morning; they then left, going towards the Kentucky woolshed.

    To Mr Wilkinson: These were the only men who left on the morning of 16th.

    Constable Bath, stationed at Walbundrie, deposed: On 18th July at 9 am I went out on the Albury-road, one-and-a-half miles from Walbundrie, and saw the four prisoners; they went through a fence, and walked across a paddock; I called out to them and they stopped; I beckoned to them and they came out on the road; I saw some of them throwing something away; I saw the movements of several hands; I could not say which of the men was throwing the thing away; one man was in advance of the others as they came towards me; I think it was Priory; I told the men I was going to search their swags; they said, “All right;” I said, “Where did you come from?” several replied, “We came from Kentucky;” I searched Owen and found three sovereigns; I said, “Where did you get this money?” he said, “I brought it out from the old country; I had £15 or £16 when I left the ship;” I saw Priory throw something away; I searched Priory and found two sovereigns, 10s, and 4½d in copper; he said he got the money from Tasmania whilst in the Albury Hospital; he said it was sent through the Church of England parson in Albury—Canon Spencer; I next searched Hill, and found four sovereigns, a threepenny piece, and one penny; I said, “Where did you get this?” he said, “I got it when I left the ship;” I searched Horace, and found 8s in silver; he said that was all he had; I went into the paddock and picked up a £5 note and five £1 notes; I said, “Who threw this away?” they all denied having thrown the notes away; I then arrested the prisoners on a charge of stealing money from the Burrajaa Hotel; they all replied, “We know nothing about it;” I then went into the paddock where I had first seen them; I saw two lots of crumpled up notes; one lot had four £1 notes, the other five £1-notes and one £5 note; at the same place I saw two billies; in one was an oilcloth bag containing five £1 notes and one £5 note; I brought the billies over and said “Who owns these?” some of the men said “These belong to us;” I took the prisoners to Walbundrie lockup; on Horace I found two sovereigns in a handkerchief round his neck; I said “Where did you get this money?” he said “I had it sent over from Tasmania;” I produce 11 sovereigns and 10s 8d in silver and copper found on the four prisoners.

    To Mr Wilkinson: I have since found statements made by Horace and Hill after being cautioned to be correct; Owen did not claim the billies as his when I asked who they belonged to; at the lockup Owen did claim the billy containing the money.

    Harry Ward, farmer at Burrajaa, deposed: I found the cash box produced on a Sunday about a week after the robbery a quarter of a mile from the hotel in one of Mr Edols’s paddocks; it was covered with ashes in a hole where a stump had been burned out.

    This was the case for the Crown.

    For the defence,

    R Jeffrey Owen deposed: I have pleaded guilty to this charge; the two men in the dock (Horace and Hall) have nothing to do with the robbery; they received no part of the proceeds so far as I know; I met Hill and Horace at Howlong two or three days before, but up to that time they were strangers to me.

    By the Crown: I gave the cash box to Priory as soon as we left the hotel; I took the cash box from the bar.

    Ronald McKenzie Noble alias Dashwood Priory deposed: Owen and I stole the cash-box; the other two men had no part in the theft; after we got the box I planted it in the trunk of a tree; neither Horace nor Hill got any of the money; the first time the constable mentioned the billy was at the lock-up.

    Frederick Hill deposed: I took no part in the stealing of the cash-box, nor did I receive any of the proceeds; I first saw Owen and Noble at Howlong two days before the robbery; I had made purchases in Howlong at the Hit-or-Miss Store; I bought a coat and vest for 14s, and paid for it with a sovereign.

    To the Crown: I have gone under the name of William Smith last year for a month; I worked my passage out from England as a deck hand in the Afric.

    CH Dalton, manager of Hit-or-Miss Store, Howlong, deposed that prisoner Hill was in the store in July; the coat and vest he was now wearing had at one time been in the Hit-or-Miss Store; witness remembered selling them.

    This concluded the evidence.

    Mr Wilkinson addressed the jury for the defence.

    His Honor summed up.

    The jury found the prisoners guilty of receiving.

SENTENCES.

     The following convictions were recorded against the prisoners:—

    Owen, alias Robert White, 1899, house-breaking, 12 months with hard labour; same date, 12 months, with periods of solitary confinement; same date, 18 months, with hard labour and solitary, cumulative; 1900, while in Pentridge, one month in irons for assaulting a warder, besides minor sentences.

    Priory alias Knobel, [sic] alias Tinpenny, stealing (Henty), two months; attempting to steal, Albury, five months.

    Walter Horace, 1889, five years at Cascades Training Home (Tas) for stealing; 1889, Heidelberg, three months for larceny; 1897, Collingwood, 12 months hard labour for larceny, six months for having house-breaking implements in his possession, three months’ hard labour for larceny (concurrent); 1897, six months for breaking into counting-house, six months for shop breaking; 1900, Castlemaine, three months for larceny; 1901, Prahran, twelve months for larceny; 1902, Chiltern, three months for vagrancy; 1903, Yackandandah, three months for vagrancy.

    Frederick Hill, maliciously damaging property at Albury, 1902, one month.

    [Robert Jeffrey] Owen was sentenced to four years’ penal servitude.

    McKenzie was sentenced to two years’ imprisonment, with hard labour.

    Walter Horace was sentenced to three years’ penal servitude.

    Frederick Hill was sentenced to two years’ imprisonment, with hard labour.

    His Honour at the close of the case said that Constable Bath deserved special mention for what he had done in the matter of recovering Mr Beard’s property.

    This concluded the criminal business.

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Edward Tinpenny, Gaol photo sheet ¹³

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Gaol Photo Sheet - Transcribed Details

No. 146
Albury

Date when Portrait was taken: 4th March 1903

Name: Edward Tinpenny
(aka Edward Turpenny, Dashwood Priory, John Anderson, Ronald Noble,
Ronald McKenzie Noble, Percy Marmion)

Native place: Tasmania Year of birth: 1875 Arrived       Ship: in Colony }   Year: BS Trade or occupation previous to conviction  } Hairdresser Religion: Wesley Education, degree of: R & W Height: 5' 7" Weight     On committal: 131 in lbs     } On discharge: Colour of hair: Dark Colour of eyes: Hazel

Marks or special features: 4 vaccine marks inside on left upper arm. Scars on right elbow on thumb 2 scars near left big toe

(No. of previous Portrait ... )  CONVICTIONS
Where and When				Offence.	Sentence
Victoria Box Hill PC Sth Melbourne PC Kyneton PC Melbourne SC NSW Forbes PC Henty PC  Albury Q.S  Albury GD	27 1 25 15      6 21 13 6	12 11 2 3   11 10 2 10	1895 1897 1898 1898     1901 1902 1903 1903	Larceny Assault Found by night in a dwelling Robbery in company   Indecent language Stealing Attempting to steal Stealing in a dwelling house to the value of £5	7 days imprisonment as John Anderson Fine or 14 days imprisonment as Ronald Noble 6 months HL as Ronald McKenzie 18 months HL as Roland McKenzie Noble   £2 or 1 month HL. Percy Marmion 2 months H.L. as Edward Tinpenny 5 months H.L. as Edward Tinpenny 2 years H.L. as Dashwood Priory

 

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Frederick Hill, Gaol photo sheet ¹⁴ 

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Gaol Photo Sheet - Transcribed Details

No. 148
Albury

Date when Portrait was taken: 7th December 1903

Name: Frederick Hill
(aka Frederick William Smith)

Native place: England Year of birth: 1882 Arrived       Ship: Manhattan in Colony }   Year: 1902 Trade or occupation previous to conviction  } Carpenter Religion: Church of England Education, degree of: R & W Height: 5' 8" Weight     On committal: 161 in lbs     } On discharge: Colour of hair: Dark brown Colour of eyes: Brown

Marks or special features: Left arm + hand HILL E PIRK C HM anchor fore arm. A HILL FS W anchor D. Fore arm inside. Anchor back of hand. Heart pierced + EC on wrist. Tattoo marks on middle, third + fourth fingers. Right arm + hand — G sailor D and yacht on fore arm. 4 vaccination marks. Scar left side of head. E PIRK A and heart pierced with an arrow underneath a blot of ink, heart AJ all on left leg. 2 scars from bullet wounds left leg.

(No. of previous Portrait .. 9975) CONVICTIONS
Where and When				Offence.	Sentence
England Nth London PC Clerkenwell PC Bow street NSW Albury PC   Albury GD	3 7 5   11   6	7 4 7   7 10	1894 1900 1900   1902   1903	Larceny Embezzlement Attempted larceny   Malicious damage property Receiving	Sentenced to Ship “ Shaftsbury” 1 month H.L. 3 months H.L.   £2-5 or 1 months’ imprisonment (Served sentence) 2 years HL. Albury Gaol

 

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Robert Jeffrey Owen, Gaol photo sheet ¹⁵

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Gaol Photo Sheet - Transcribed Details

No. 396
Berrima

Date when Portrait was taken: 12-2-1904

Name: Robert Jeffrey Owen
(aka Robert White)

Native place: North Wales Year of birth: 1875 Arrived       Ship: Metropolis in Colony }   Year: 1893 Trade or occupation previous to conviction  } Seaman Religion: Presbyterian Education, degree of: Read & Write Height: 5' 5" Weight     On committal: 153 in lbs     } On discharge: Colour of hair: Light brown Colour of eyes: Grey

Marks or special features: Cross and anchor with heart in centre of left forearm. Bracelet on left wrist. Scar left cheek; Scar right cheek; Scar over right eye

(No. of previous Portrait ...) CONVICTIONS
Where and When				Offence.	Sentence
NSW Tamworth PC  Victoria Brighton PC  ditto Melbourne SC ditto ditto   Penal Establishment Pentridge ditto  ditto NSW Albury GD	11   8 8 17 17 17   15 15 15   6	1   10 10 7 7 7   3 3 3   10	1897   1897 1897 1899 1899 1899   1900 1900 1900   1903	Indecent language   Resisting police Insulting behaviour Housebreaking ditto Causing serious bodily harm with intent to prevent lawful detainer   Assaulting overseer Greenwood in Woollen factory Using improper language Wilful destruction of Government property   Stealing in a dwelling house to the value of £5	£3 or 14 days C   7 days Imprisonment 7 days Imprisonment 12 months H.L. 12 months H.L. + solitary 18 months H.L. + solitary confinement. Sentences accumulative   1 month Imprisonment in iron. Acc 7 days HL. Acc 7 days HL. Acc     4 years P.S.
[Discharged from Maitland Gaol 23/1/1907 – Conduct:—Good.]

 

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Walter Horris, Gaol photo sheet ¹⁶

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Gaol Photo Sheet - Transcribed Details

No. 748

Date when Portrait was taken: 20 October 1903

 

Name: Walter Horris
(aka William Godfrey, William Wright, William Edwards, Morley Downright)

Native place: Tasmania Year of birth: 1879 Arrived       Ship: in Colony }   Year: Trade or occupation previous to conviction  } Bedmaker Religion: Presbyterian Education, degree of: R & W Height: 5' 1½" Weight     On committal: 113 in lbs     } On discharge: Colour of hair: Light brown Colour of eyes: Blue

Marks or special features: [Text illegible]

(No. of previous Portrait ...) CONVICTIONS
Where and When				Offence.	Sentence
Tasmania: ? Victoria: Collingwood PS Heidelberg PS Collingwood PS ditto ditto ditto  Melbourne PS ditto Castlemaine PS Prahran PS Chiltern PS Yackandandah PS NSW: Albury CC	1   26 23 28 28 28 28 1 1 27 7 8 30    6	5   12 1 9 9 9 9 10 10 11 3 10 3    10	1889   1896 1897 1897 1897 1897 1897 1897 1897 1900 1901 1902 1903    1903	Stealing   Insulting behaviour Larceny Larceny Having housebreaking implements in his possession Larceny Larceny Breaking into a dwelling house Shop breaking Larceny Larceny Vagrancy Idle and disorderly   Receiving	5 years Training School Crusader   Fine or 14 days HL 3 months HL 12 months HL | 6 months HL   | Cumulative 3 months HL   | 3 months HL   | 6 months HL 6 months HL 3 months Imp 12 months Imp 6 months Imp 3 months HL   3 years P.S.

 

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Robert Jeffrey Owen, 1913

Clarence and Richmond Examiner, Sat 29 Mar 1913 ¹⁷

CURRENT EVENTS.
———◦———

…

QUARTER SESSIONS and DISTRICT COURT

THE Court of Quarter Sessions will be opened on Tuesday at the Grafton Court House, and will be presided over by Judge Edmunds. Mr RJ Browning, will act as Crown Prosecutor. Mr JC Gannon, KC, will also be in attendance. The criminal list will include:—James Dix, alleged forgery and uttering, Patrick Joseph MacNamara, alleged perjury, Robert Jeffery Owen and William Henry Taylor, both charged with committing indecent assaults, Clarence Bathgate Knight, alleged offence upon a female under the age of sixteen years, Thomas O’Brien, and Henry Penn, both charged with committing unnatural offences, John Fenton, alleged breaking into a shop and stealing, and Denis McGuiness, charged with feloniously receiving. There are six cases listed for the District Court, including an action for eviction from Yamba, damages claimed £200, case from Upper Orara, alleged shooting a bull, damages claimed £25, an action from Lawrence, breach of warranty in sale of a motor boat, damages laid at £50.

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The Grafton Argus, Wed 2 Apr 1913 ¹⁸

GRAFTON QUARTER SESSIONS.
———★———
Tuesday, 1st April, 1913.
———

    The Grafton Quarter Sessions were opened at the Court House yesterday morning. His Honor Judge Edmunds presiding. The members of the Bar present were Messrs RJ Browning (Crown Prosecutor) and JC Gannon, KC. Solicitors in attendance were Messrs F McGuren, AJ Pollack, DJ Lobban, RC Law, RD Bawden, and T McL Lobban (Maclean).

    A number of absentees, who had been summoned as jurors, were, for various reasons, excused by His Honor for non-attendance.
…

ALLEGED INDECENT ASSAULT.

    Robert Jeffrey Owen, 37, pleaded not guilty to indecently assaulting a male person, [Leonard Law ], aged 11, on three separate occasions – on November 2, 11 and 30, 1912, at Harwood and Lawrence.

    The following jurymen were empanelled:— Christopher F Leason, Robert Taylor, Edward Avery, William F Blood, George T Tombs, Albert Eggins, James Henry Wood, Henry Charles Reimer, Frederick Parnell, Chas G Walsham, Denis Brown, Frederick Lowe.

    Accused challenged three jurymen.

    Before the Crown Prosecutor commenced, he asked His Honor, seeing that the lad was so young and on account of the details, to direct that all decent people leave the Court. The remaining jurymen having been discharged till 3 pm. His Honor then requested that all decent people other than those who had business in the Court at the time or any who had special interests in the case, such as relatives, to leave the Court. All the legal representatives except Mr Browning (Crown Prosecutor) left the table. The crowd in the gallery and the people who filled the body of the Court filed out, except one elderly man, who was in the gallery, and who appeared to be a cripple. There remained then only the Court officials, jurymen, pressmen, and accused.

    The Crown Prosecutor then outline the case, which he characterised as the most disgusting he had ever had to place before a jury. Twice, earlier offences had been alleged with the same boy, and on the third occasion they were discovered together by First-class Constable Pye. The fact that a young person was a consenting party was no defence for the law especially aimed at the protection of young people. Accused worked in the Harwood Mill, and one of the offences took place in accused’s room at the barracks there; one in the ship slipyard; and the third in the sugar-cane at Lawrence.

    FC Constable Pye, Harwood, gave evidence of detection and arrest.

    Accused [Robert Jeffrey Owen] (who asked for a copy of the depositions, taken at the Lower Court) was informed that the Crown Prosecutor would allow him to peruse them, when requested. His cross-examination of the witnesses, lasting half-an-hour, was intended to prove that, when arrested, in the cane, he was too drunk to know what he was doing.

    The lad [Leonard Law ] also gave evidence, most of which was written. He was much distressed throughout. Accused cross-examined him lengthily, also.

    A brother of the lad gave evidence.

    Accused deposed that he had subpoenaed four witnesses, but they did not attend. He had been drinking on the 29th and 30th November. With regard to the previous charges, he had only one night in the week off – Mondays, and on the other night alleged he was till after nine o’clock listening to phonograph records.

    In cross-examination, he refused to answer the Crown Prosecutor as to whether he had been sentenced to three years for stealing in October, 1903, and served two or three previous sentences in Melbourne, nor that he acquired any bad habits in gaol, nor that he was ever in gaol at all.

    The Crown Prosecutor did not address the jury, neither did the accused.

    His Honor, summing up, briefly, said they must place the evidence of the constable and the lad’s against the evidence of the accused, that he was incapable with drink. But it wasn’t so much a question of drunkenness as sensibility of his acts, and of credibility.

    The jury retired at 4.8pm.

    The Court adjourned till 4.25. At 4.38 – exactly half an hour after they had retired – the jurymen, who, in the meantime, had chosen Mr A Eggins as their foreman, returned with a verdict of guilty on the second and third counts only.

    Accused’s record was then read out:– Tamworth, 1897, indecent language, £3; Melbourne, 17/7/99, house-breaking, twelve months, solitary; inflicting grievous bodily harm, same date, eighteen months, cumulative; Albury, 6/10/03, stealing in a dwelling, four years; Maclean, 2/12/12, indecent language, £5, or two months.

    Accused was remanded for sentence.

———

…

Wednesday, April 2.
———

    Before His Honor, Judge Edmunds.

———
SENTENCES.

…
    Robert Jeffrey Owen, for alleged indecent assault on a lad, was sentenced to four years’ hard labour in Grafton gaol. His Honor said he could not hold out much hope of allowing him to petition till after three years.

    Owens pleaded for leniency; his witnesses failed him; he had gone straight for ten years; his two big sentences were for two lapses. He then placed a rather skilful list of reasons why he should be leniently treated.

    His Honor said prisoner had given himself up to a demon of lust; otherwise, he might have been a useful member of society. The punishment must be severe; prisoner was not fit to be at large.

~ ~ ~ ~ ~

COURT SIDELIGHTS.
———

    Mr J Gannon, KC, the well-known barrister, appeared in Court yesterday morning in a grey sac suit, minus his wig and gown. To His Honor he explained that his bag, containing those articles, had been overcarried, but would be here later. He asked his Honor’s permission to appear as he was. Granted, of course.

• • • •

    Middle-aged lady witness, to Mr Browning: “I can’t remember the date.”

    Mr Browning: “I’m not asking you to name the day.” (Laughter.)

    His Honor, to Mr Browning: “You’d better order the husband to leave the Court.” (Loud laughter.)

• • • •

    Mr PJ McNamara, to Mr Gannon, “I took up the lease because I thought there was money in it.”

    Mr Gannon (witness’ counsel): “So there is, for me. I don’t know about you!”

• • • •

    A witness: “There was a man there I knew as ‘Robbo’.”

    Mr Browning: “That would mean ‘Robinson’.”

    Mr Gannon: “Not always in Sydney. I don’t know about up here.”

~ ~ ~ ~ ~

Robert Jeffrey Owen, Gaol photo sheet ¹⁹

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Gaol Photo Sheet - Transcribed Details

No. 224
Grafton

Date when Portrait was taken: 14-5-1913

Name: Robert Jeffrey Owen

Native place: England Year of birth: 1876 Arrived       Ship: Metropolis in Colony }   Year: 1895 Trade or occupation previous to conviction  } Lab Religion: C. E. Education, degree of: R & W Height: 5' 5¼" Weight     On committal: 137 in lbs     } On discharge: Colour of hair: Fair Colour of eyes: Blue

Marks or special features: Scar on right cheek, Tattooed bracelet on left wrist. Heart, Cross & Anchor on left forearm

(No. of previous Portrait .. 396 Berrima) CONVICTIONS
Where and When				Offence.	Sentence
Melbourne SC Tamworth PC Albury GD Maclean PC Grafton Q.S	17 11   6   2   1	7    1 10 12 4	1899 1897 1903 1912 1913	Housebreaking ditto Causing G[rievous] B[odily] H[arm] with intent to prevent lawful detainer Indecent language Stealing in a dwelling Indecent language Indecent assault on a male person (2 charges)	12 months H.L. 12 months H.L. + solitary 18 months H.L. + solitary confinement. Sentences accumulative  1 month Imprisonment in iron. Acc 7 days HL. Acc 7 days HL. Acc 4 years P.S. on each (Concurrent) His Honor stated if prisoner’s conduct was good he may petition after 3 years of his sentence was served.

 

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¹     The Argus, Sat 24 Jun 1899, p. 9.