Empire, Thu 15 Oct 1868 1
WATER POLICE COURT.—TUESDAY.
(Before Messrs Voss, Oatley, and Levey.)
...
James Carroll was brought up by constable Ryan, on warrant, charged with indecently assaulting and ill-treating one Mary Evans, on the 10th October. Constable Ryan stated that he apprehended prisoner on Monday night at the Woolloomooloo Inn, upon the charge. He said he had caught hold of the girl, and she resisted him and called out "Father;" he then let her go. He also said he supposed he was in liquor. Mary Evans, daughter of John Evans, of Darling Point, stated she was seventeen years of age, her father was a mariner, and that she lived with him. On Saturday night as she was going home, towards Darling Point, she saw the prisoner standing on the side of the road. Prisoner came up to her, put his arms round her waist, and said, "I'll serve you as I have served other girls on the road—you're worth having." He also said, "I have been watching a week for you." he then tried to throw her down, and attempted to act indecently. Witness resisted him, called out "Father! Father!" and screamed. He tore her dress in the struggle. When she screamed he let her go, previously to which he struck her two or three times on the head. Prosecutrix said, "I'll make you sorry for this;" and prisoner said, "You don't know who I am." Prosecutrix saw prisoner go to his hoe, and then went to hers.—John Evans, father of the prosecutrix, stated that, on Saturday night, at 9 o'clock, his daughter came home crying, with her dress torn. She was tired and exhausted, and could not speak for some minutes. She stated that James Carroll had got hold of her on the road, and tried to throw her down, and what he did to her. After she told witness what had occurred, he gave information to the police. Witness' daughter is a tailoress, and has to come home every night from work. Witness has no ill-feeling against prisoner; had early spoken to him once for the last two years. The prisoner, upon the usual question being put, had nothing to say, and was fully committed for trial; bail allowed.
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The Sydney Morning Herald, Thu 15 Oct 1868 2
WATER POLICE COURT.
THURSDAY.
BEFORE Mr HH Voss and Mr M Levey.
James Carroll, 25, described as a cabinetmaker, was brought up on warrant, charged with indecently assaulting and ill treating Mary Evans, aged 17, daughter of John Evans, mariner, residing at Stoneledge, Darling Point. On Saturday evening, the 10th instant, about 9 o'clock, she was returning from Sydney, and, when on the Darling Point Road prisoner, who was standing at the side, threw his arms round and said he would treat her as he had treated other girls on the road, that he had been waiting for a week, and that she was worth having. He attempted to throw her down, and to put his hand under her clothes. She resisted, her dress was torn, and she screamed for her father. He then struck her with his fist on the head and left her. She watched him to the door of his mother's house, which is in the same neighbourhood, then informed her father of the circumstances, and he gave information to the police. No defence was attempted, and prisoner was committed for trial at the next sittings of the Central Criminal Court.
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The Sydney Morning Herald, Wed 11 Nov 1868 3
CENTRAL CRIMINAL COURT.
MONDAY.
BEFORE his Honor Mr Justice Cheeke and a common jury.
...
INDECENT ASSAULT.
James Carroll was indicted that on the 10th October last, at Darling Point, Sydney, he unlawfully and indecently assaulted Mary Evans.
Prisoner pleaded not guilty, and was defended by Mr Windeyer; Mr Butler prosecuted for the Crown.
The facts sworn to in the evidence for the prosecution were as follows: Mary Evans was, on the evening (about 9 o'clock) of the day in question, returning from Sydney, where she had been on business, to Darling Point, where her father resided, and when near the place where prisoner lives he threw his arms around her, tried to throw her down, and to put his hands up her clothes. She resisted, and her dress was much torn. When she called out for her father he let her go. It appeared that she had known him previously, but was not in the habit of speaking to him. Her father's family were his father's tenants for seven years.
After about an hour's retirement the jury retirement the jury returned a verdict of guilty.
Remanded for sentence.
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The Sydney Morning Herald, Fri 13 Nov 1868 4
CENTRAL CRIMINAL COURT.
THURSDAY.
BEFORE His Honor Mr Justice Cheeke and a common jury.
...
SENTENCES.
...
James Carroll, indecent assault upon Mary Evans. Verdict of guilty. Evidence was taken in favour of prisoner's character. Sentence, hard labour in Maitland gaol for twelve months.
1 Empire, Thu 15 Oct 1868, p. 3. Emphasis added.
2 The Sydney Morning Herald, Thu 15 Oct 1868, p. 5.
3 The Sydney Morning Herald, Wed 11 Nov 1868, p. 2.
4 The Sydney Morning Herald, Fri 13 Nov 1868, p. 2.