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Newcastle Morning Herald and Miners’ Advocate, Thu 24 Nov 1892 1

LAMBTON POLICE COURT.
———◦———
WEDNESDAY, NOVEMBER 23.
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(Before Mr WE Henry, PM.)

ALLEGED UNNATURAL OFFENCE.

    Henry Hardy, a youth aged 16, was charged with committing an unnatural offence at New Lambton, on the morning of the 23rd instant.

    Constable J[ames] Kinnane deposed that about half-past 7 o’clock that morning the accused was brought to the New Lambton police station by a man named Robert France, and charged with the offence. Witness desired the case remanded till Friday next for the production of witnesses.

    Accused was then remanded till Friday, as desired.

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Newcastle Morning Herald and Miners’ Advocate, Sat 26 Nov 1892 2

LAMBTON POLICE COURT.
———◦——— 
FRIDAY, NOVEMBER 25.
————
(Before Mr WE Henry, PM.)
————

ALLEGED UNNATURAL OFFENCE.

    Henry Hardy, aged 16, was charged with committing an unnatural offence at New Lambton, on the 23rd inst.

    The case was heard with closed doors.

    Constable Kinnane deposed that the accused was brought to him and charged with the offence by a man named Robert France. Accused was employed by Mr Payne, butcher, at New Lambton. France described what he saw, and from what witness himself knew he arrested the boy. The boy’s parents were respectable people.

    Robert France, miner, gave the principal evidence in the case.

    This witness was subjected to a severe cross-examination by the counsel for the defence, but was not shaken in his evidence. He had never had any differences with the boy’s father. When going up to the boy he did not try to conceal himself, nor did he give any warning to the boy.

    The evidence of the informant was deprecated in a speech by the counsel for the accused.

    The Police Magistrate said he considered that a prima facie case had been made out against the defendant, who, un reply to the usual question, pleaded not guilty.

    He was then committed for trial at the next Quarter Sessions to be held in Newcastle on December 6. Bail was allowed in two sureties of £40 each and self in £80.

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Newcastle Morning Herald and Miners’ Advocate, Thu 8 Dec 1892 3

QUARTER SESSIONS.
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THIRD DAY.
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WEDNESDAY, DECEMBER 7.
———
(Before Judge Wilkinson.)
———

    Mr Walter Bevan prosecuted for the Crown.

———
ANOTHER MAGISTRATE.

    Immediately the Judge took his seat Dr VE Ludlow was sworn in as a justice of the peace.

ALLEGED UNNATURAL OFFENCE.

    A lad named Henry Hardy was charged with having at New Lambton on the 23rd November, 1892, committed an unnatural offence [bestiality].

    Mr Gorrick appeared for the accused, who pleaded not guilty.

    The Crown Prosecutor requested one juryman to stand aside.

    All women and children were ordered out of court.

    Robert France, a miner, residing at New Lambton, said that at about a quarter to 7 o’clock on the morning of the 23rd ult he was proceeding to his work at Wallsend when he saw the accused in a gravel quarry. The witness here gave evidence as to having seen the accused attempt to commit an offence, and said that he handed him over to Constable Kinnane.

    In cross-examination the witness said he had never had any disagreement with the accused’s father, nor had he charged the lad with having shot a calf.

    Constable [James] Kinnane, of New Lambton, said that the accused was given into his custody by the last witness. He (the accused) was a butcher boy, and was 16 years of age.

    For the defence, Andrew Hardy, father of the accused, said that nine or 10 years ago he challenged France with having said something about him, and he denied it. Upon being faced with it later he admitted that he had not been truthful. Witness had never known his son to do anything wrong.

    Mrs Fairhurst said that France told her nine and a half years ago that he had a down on Hardy, and that he should warm [sic–warn ?] him. Hardy challenged him about it afterwards in witness’ presence, and he (France) said he must admit that he was a —— liar.

    Thomas Ramsdale, a miner, gave corroborative evidence.

    William Payne said the accused was in his employ, and was an industrious, well-conducted lad. Shortly before 7 o’clock on the morning of the 23rd ultimo he took some meat to Mrs Cowell, and at about half-past 7 o’clock witness heard that he had been locked up.

    Jane Cowell, licensee of the Sportsman’s Arms Hotel, New Lambton, said that at 10 minutes past 7 o’clock on the morning of the 23rd ultimo the accused took her the breakfast meat, and about 10 minutes later she heard that he had been locked up.

    The accused [Henry Hardy] said that after delivering the meat at Cowell’s he rode a pony to a quarry, and picked some hair from it to make parrot snares with. While endeavouring to remount the animal France appeared, and said he had got him at last. He took him to the police station. A few months ago France accused him of having shot one of his cows with a catapult.

    Wm Payne, recalled, said he had given France a written character.

    Constable Kinnane  said that the quarry at New Lambton  was situated on a hill, and was not visible from the houses in the locality.

    Robert France, re-called, said there was no truth in the statement regarding his having said he was a liar.

    This concluded the evidence, and the jury, after a retirement of between three and four hours, brought in a verdict of not guilty. The accused was accordingly discharged.

 


1  Newcastle Morning Herald and Miners’ Advocate, Thu 24 Nov 1892, p. 6. Emphasis added.

2  Newcastle Morning Herald and Miners’ Advocate, Sat 26 Nov 1892, p. 7. Emphasis added.

3  Newcastle Morning Herald and Miners’ Advocate, Thu 8 Dec 1892, p. 7. Emphasis added.