Below also see: Emanuel Wright, 1887

 

The Sydney Morning Herald, Wed 17 Oct 1877 ¹

WATER POLICE COURT.
TUESDAY.

BEFORE the Water Police Magistrate, and Messrs Smith, Reading, Hunt, Neill, and Ridge.
…
    William Connolly was charged with being concerned, with others, in assaulting one William Edward Byrne, and robbing him of a silver watch, a gold albert chain, a locket, and a britannia-metal match-box, of the total of £20.

    Sergeant Mulqueeny having been sworn, deposed, that at about half-past 7 on the evening of the 13th October, he arrested the prisoner in Market-street, and charged him with being concerned, with two others, in assaulting and robbing William Edward Byrne, in Bourke-street, on the night of Monday October 1st, and of taking one silver watch (produced), one gold albert chain, one gold locket, and a match box. In answer to the charge, the prisoner said that the watch was given to him by a young man at Punch’s public-house in Sussex-street; he asked the prisoner who the younger was, and he said he did not know, that he had never seen him before nor since; the watch (produced) he received from Mr Davis, pawnbroker, and has been identified. A man named Israel stated that he was on a visit to Mr Davis, pawnbroker, in Liverpool-street, when he saw the prisoner come in and present the watch the pawnbroker looked at it and asked him how much he wanted for it,, and he said £1; the pawnbroker then inquired how long he had it, and he replied about twelve months; he was then asked where he bought it, and he said at Bathurst; upon being asked if he had a receipt for it he said yes, but that he had not it with him, as he had left it at home; upon the prisoner asking for his watch to be returned to him, Mr Davis would not give it up, as he had reason to believe it had been stolen; this happened at about 11 o’clock in the morning.

    Coleman Davis having been sworn said, that about 10 o’clock in the morning of the 2nd October, somebody brought in a silver watch numbered 37837, and which he recognised as that produced in Court.

    William Edward Byrne deposed that he is employed in the Lands Office; on Monday evening, 1st October, 1877, he left his residence in Bourke-street,  near Stanley-street, and walked in the direction of Oxford-street, with intention of visiting a friend at Surry Hills; he was walking along the middle of the road with his hands in his pockets, and suddenly he heard a step on his left side, and almost immediately received a blow on the head from some weapon which he thought must have been a life-preserver; he was walking alone at the time; at the same moment that he received the blow, two men rushed out from the right-hand side of the road and made an attempt to catch him by the throat, but he managed to lay hold of one of them first; he imagined that he was again struck on the head, and he then fell insensible to the ground, with the two men who rushed across the road; he could not positively recognise any of his assailants; he missed his watch and other articles on recovering his sensibility.

    By sergeant Mulqueeny: He has been suffering from the effects of the blows, and was attended by Dr Carroll, but he is now out of his hands. Prisoner was committed to take his trial at the next Court of Quarter Sessions. [sic] Bail allowed; self in one surety of £100, and two sureties of £50 each.

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The Sydney Morning Herald, Sat 27 Oct 1877 ²

WATER POLICE COURT.
FRIDAY.

BEFORE Messrs Goodridge, Brown, Smart, MacMahon, and Lester.
…
    George White [aka Emanuel Wright, George Wright] was brought up on remand, on a charge of assaulting and robbing Edward William Byrne, on the 1st instant. Sergeant Mulqueeny produced a watch, received from Mr Davis, the pawnbroker, which was identified by prosecutor as the one stolen from him on the night in question. Mr Byrne, the prosecutor, Deputy Register of Brands, stated that about 10 pm on the 1st October he was walking in the middle of Bourke-street, near his house, with his hands in his pockets. He was going in the direction of Oxford-street, and was near the corner of Liverpool-street, when he suddenly received a blow on the back of the head from a life preserver, or heavily loaded whip; at the same time two rushed at him, and caught him by the throat in the endeavour to strangle him; grappled with one of the man, and then received another violent blow, which rendered him insensible; on regaining his senses prosecutor found he had been robbed of his watch, a golden albert chain and locket, silver matchbox, office key, and a letter; was still suffering from the effect of the blows.

    Dr Carroll gave evidence as to the nature of the injuries inflicted, which at one time rendered prosecutor’s life in danger.

    Frederick Alfred Taylor, warder in Darlinghurst gaol, deposed that he saw prisoner, on the 1st instant, with two other men, in Bourke-street, on of whom, named Connolly, is now under committal for this assault and robbery; afterwards found prosecutor insensible in the street, assisted him and gave information of the robbery.

    Hyam Israel stated that he was in Davis’s shop when prisoner and Connolly came in; Davis asked White how long he had had the watch, and replied 12 months, and that he bought it in Bathurst; White wanted the watch back, but Davis would not give it up, as he was sure it was stolen.

    Colman Davis gave similar evidence. Prisoner, who made no statement, was committed for trial to the next Court of Quarter Sessions. [sic] Bail refused.

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The Sydney Morning Herald, Fri 16 Nov 1877 ³

CENTRAL CRIMINAL COURT.
THURSDAY.

Before his Honor Sir WM Manning.
    The Attorney-General (the Hon WB Dalley, QC) and Mr WJ Foster prosecuted on behalf of the Crown.
…

ROBBERY WITH WOUNDING.

    William Connelly and George White were charged that they did, on the 1st October, 1877, at Sydney, feloniously assault one William Edward Byrne,  and steal from his person a gold watch, a gold albert, a gold locket, and a silver match-box, and that immediately before robbing him they did feloniously cut and wound him.

    The prisoner pleaded not guilty.

    Connelly was defended by Mr D Buchanan, instructed by Mr James Greer. White was undefended.

    The prisoners were charged under a peculiar form of information, but which the Attorney-General said, was the only kind of information that would meet the particular crime with which the prisoners were charged. The peculiarity in the information was the last position, in which the prisoners were charged with cutting and wounding immediately before robbing. By the statute under which the information was laid, the offence is made capital. The prosecutor is deputy registrar [Edward William Byrne] of brands in the stock branch of the Lands Department. On Monday night, the 1st October, about 10 o’clock, he was in Bourke-street, Woolloomooloo, between Stanley-street and Liverpool-street, and near to his own residence [228 Bourke Street]. He was walking with his hands in his pockets and smoking a cigar, when he was suddenly struck on the back of the head with a heavy instrument, and immediately afterwards, two men rushed upon him, and grasped his troat; and while he struggled to defend himself he received a blow on the forehead from the heavy instrument, which rendered him insensible. When he recovered his senses, he found that his watch and the other articles mentioned had been taken from him. The wounds inflicted upon him were of a most serious nature. The wound at the back of the head was, fortunately for the prosecutor, inflicted upon the strongest part of the skull; had it been on any other part of the skull would probably have been fractured. The right side of the prosecutor’s face was one large bruise, the result of the last blow which he remembered receiving. One of his upper teeth was knocked out, and one of the lower ones was broken. He received a very severe shock to his system, and for some days his life was in danger. The prosecutor was unable to describe or identify the men who assaulted and robbed him, but it happened that a warder in Darlinghurst gaol, who was passing along Bourke-street a little before the time of the robbery, saw the two prisoners in a public-house not far from the place where the robbery was committed, and was able afterwards to identify them. Shortly after seeing the prisoners, the warder came upon the prosecutor, who was lying in the street almost covered with blood, and who had apparently just recovered from an insensible condition. It was proved that on the following day the prisoners went to [Isaac] Davis’s pawnbroker’s shop, in [101] Liverpool-street, and offered for pawn a watch, which the prosecutor afterwards identified as his property. The pawnbroker, who had received information of the robbery, and a description of the stolen property, identified the watch when it was offered to him by Connelly. On being questioned, Connelly said that the watch was his mate’s, who was outside, and he went out and brought White in to substantiate his story. White said the watch was his, that he bought it at Bathurst, and had had it in his possession twelve months. The pawnbroker detained the watch, and handed it over to the police. Twelve days after the robbery, Connelly was arrested by sergeant Mulqueeny, to whom he said, when the charge was stated to him, that he received the watch at Punch’s Hotel, [Old Hope and Anchor Hotel, cnr Druitt and Sussex Streets, licensee, James Punch] in Sussex-street, from a man whom he never saw before, and had not seen since. Seven days after Connelly’s arrest, sergeant Mulqueeny arrested White, who, in reply to the charge, said that Connelly had the watch before him, and that he only went with him to the pawnshop.

    At the conclusion of the case for the prosecution, Mr Buchanan addressed the jury on behalf of his client, Connelly, who then, independently of his counsel, called a witness for the purpose of providing an alibi.

    White made a statement to the Court, in which he said that he received the watch from a man named Brown.

    Mr Foster replied.

    His Honor summed up. Besides reviewing the evidence and directing the jury, he commented strongly on the circumstances disclosed in the evidence,—that the warder, Taylor, was not called to give evidence at the Police-court against Connelly, and also that a man who was the first to discover the prosecutor and who went, in company with Taylor, to give information at the police station, was not called. It seemed to him to show that there was a lack of vigilance on the part of the police, and he considered it his duty to cause the matter to be investigated.

    The jury, after deliberating for about half-an-hour, found a verdict of guilty against both prisoners.

    The following convictions were on record against the prisoners, both of whom are young men, White being only 19.

    William Connelly—September, 1876, stealing, one month; February, 1877, being a suspected person, six months. Besides these, he had been twenty-three times in gaol for being drunk and disorderly, for obscene language, riotous behaviour, &; and he was twice tried and acquitted at the Quarter Sessions on charges of stealing.

    George White—November, 1873, stealing, two months; June, 1874, stealing, fourteen days; July, 1874, stealing (two charges), two months; February, 1875, stealing a watch, twelve months, Maitland gaol; October, 1876, stealing, four days.

    Prisoners, when asked if they had anything to say why sentence of death should not be passed upon them, made no reply.

    His Honor, addressing both prisoners, said: It is my duty, now that the jury have found you guilty of this offence, to pass upon you the only sentence which the law empowers the Court to pass, I must pass that sentence upon you, but at the same time I shall not be without much hope that the Executive, in its mercy, may think fit not to carry it into execution. I, however, have but that one duty to perform; the rest must be left to the mercy of the Governor and the Executive Council. Happily for you the gentleman whom you assaulted did not lose his life. Had he lost his life, and the jury then found you guilty of this charge, there can be no doubt that the Executive would, without hesitation, have carried out the sentence upon you both. But, as his life has been spared by a merciful Providence, I think it is not improbable that, according to the merciful course usually pursued by the Executive in the various parts of the British dominions, the full sentence of the law will not be carried into execution. Your crime is an exceedingly serious one. It is shocking to think that, in a civilised community like this, at so public a place as the corner of Liverpool and Bourke streets, a quiet citizen, going about his business, should not be able to pass without then like you imperilling [sic] his life and taking his property. Such a thing is not to be tolerated, and, whatever course the executive may adopt, the punishment awarded you will be very severe, so that men like you may know that if they commit such crime it is at the risk of a terrible punishment, even if not at the risk of their lives. I shall myself be very glad if the Executive take a merciful view of this matter, but, beyond representing all the circumstances to the Government, and possibly stating my own wishes upon the matter, it will rest entirely with the Governor and the Executive Council to say whether the sentence shall be carried into execution or not.

    His Honor then passed sentence of death in the usual form, and the prisoners were removed.

    The Court adjourned till 10 o’clock am to-day (Friday).

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Emanuel Wright, Gaol photo sheet ⁴

 

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Gaol Photo Sheet - Transcribed Details

No. 1193

Date when Portrait was taken: 4-2-1875

Prisoner's Name: Emanuel Wright
(aka Emanuel Smith, Emanuel White)

Native place: Parramatta Year of birth: 1859 Arrived        Ship:  in Colony }   Year: Trade or occupation previous to conviction  } Horse breaker Religion: C. E Education, degree of: R&W Colour of hair: Fair Colour of eyes: Blue Height: 5' 5" Weight     On committal: 102 in lbs     }  On discharge: 102

Special Marks: Scar on side of left lower leg General Description:

(Previous Portrait ...  )  PRISON HISTORY

Where and When				Offence.	Sentence
Summary ditto ditto Sydney Q.S To Maitland Gaol Summary Sydney Gaol Delivery	7 23 31   1 15   8 15	11   6   7   2   2 10 11	1873 1874 1874 1875 1875 1877 1877	Stealing ditto  Stealing 2 charges Stealing a Watch    Steal a pair of trousers Robbery & wounding	2 months C 14 days C 2 months L. 12 months Labor   4 days C Death commuted to 10 years Rds 1st 2 years Irons

  

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NSW Executive Council Minute, 26 Nov 1877 ⁵

Minute No. 60

At Government House
Sydney 26 November 1877

Present
    His Excellency the Governor [Sir Hercules George Robert Robinson, GCMG] 
    The Honorable the Vice President [Joseph Docker] 
    The Honorable the Colonial Secretary [Sir John Robertson, KCMG] 
    The Honorable the Colonial Treasurer [William Alexander Long] 
    The Honorable the Secretary for Lands [Thomas Garrett] 
    The Honorable the Secretary for Works [Ezekiel Alexander Baker] 
            and
    The Honorable the Postmaster General [John Davies] 
    The Council having met pursuant to Summons the Minutes of the Proceedings on the 20th inst. Are read and confirmed.
…

    His Excellency the Governor lays before the Council, the Report ⁶ of His Honor Sir William M Manning J, of the capital conviction of William Connelly and George White, at the Darlinghurst Assizes, for robbery and, wounding on one William Byrne.

    His Honor being in attendance, and the Report having been read in his presence, he affords the Council such further information as they consider necessary, and the retires.

    (2) After mature deliberation, the Council advise that the Capital Sentence, be commuted in each case to hard labour for the period of ten years on the Roads or other Public Works of the Colony; the first two years in irons.

 

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Emanuel Wright, 1887 

 

The Sydney Morning Herald, Wed 12 Jan 1887 ⁷

POLICE.

    Mr O’Malley Clarke, SM, presided in the Charge Division of the CENTRAL POLICE COURT, yesterday, and dealt with a heavy list of cases.
…
    Mr GW Addison, SM, presided in the Charge Division of the WATER POLICE COURT, and disposed of a number of cases of no special public importance.
…
    Emanuel Wright, 28, a labourer, was charged with an indecent assault on a little boy [George Woodlands] of eight, in the Domain. The prisoner was committed for trial at the next Quarter Sessions. Mr Addison refusing to grant bail, as he said that he did not wish to have fellows like the prisoner prowling about at night.

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The Daily Telegraph, Tue 1 Feb 1887 ⁸

QUARTER SESSIONS.

    The Metropolitan Quarter Sessions opened at Darlinghurst yesterday, before District Court Judge Forbes. Mr Healey was Crown Prosecutor and Mr Beaver deputy-clerk of the peace.

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The Daily Telegraph, Wed 2 Feb 1887 ⁹

LAW.
———
QUARTER SESSIONS.
TUESDAY, FEBRUARY 1.
(Before Mr District Court Judge Forbes.)

    Mr Healy was the Crown prosecutor.
…

PENAL SERVITUDE.

    Emanuel Wright, who was convicted on clear evidence of an indecent assault upon a little paperboy of eight years of age, named George Woodlands, committed in the Domain about midnight, on January 10 last, pleaded in extenuation his general good character. Prisoner had, however, already served a sentence of 10 years, the first two years in irons, for a robbery, accompanied with brutal violence, in Oxford-street, and his Honor, remarking that the offence then before the Court was one, which could not be passed over lightly, sentenced prisoner to five years’ penal servitude.

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The Sydney Morning Herald, Wed 2 Feb 1887 ¹⁰

METROPOLITAN QUARTER SESSIONS.
TUESDAY, FEBRUARY 1.
(Before District Court Judge Forbes and juries of twelve.)

    The Metropolitan Quarter Sessions was resumed this morning at Darlinghurst.
    Mr PJ Healy, barrister-at-law, appeared to prosecute for the Crown.
…

INDECENT ASSAULT.

    Emanuel Wright, undefended, who pleaded not guilty of the above offence on 10th January last, at Sydney, was convicted by the jury, and his Honor sentenced prisoner to five years’ penal servitude.

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Newcastle Morning Herald and Miners’ Advocate, Thu 3 Feb 1887 ¹¹

TELEGRAMS.
———•———
NEW SOUTH WALES.
————

Sydney, Wednesday.

AT the Metropolitan Quarter Sessions yesterday, Emanuel Wright was sentenced to five years’ penal servitude for an indecent assault.

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Emanuel Wright, Gaol photo sheet ¹² 

 

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Gaol Photo Sheet - Transcribed Details

No. 3804
345.87

Date when Portrait was taken: 13-1-1877

Prisoner's Name: Emanuel Wright
(aka Emanuel White)

Native place: Parramatta Year of birth: 1859 Arrived        Ship:  in Colony }   Year: Trade or occupation previous to conviction  } Labourer Religion: Presbyterian Education, degree of: R & Write Colour of hair: Brown Colour of eyes: Blue Height: 5' 5" Weight     On committal: 140 in lbs     }  On discharge:  Marks or Special Features:

Where and when tried: Sydney Q.S 1 February 1887 Offence: Indecent assault on a male child aged 8 years Sentence: 5 years P.S. Remarks: Guilty

(Previous Portrait ...  )  PREVIOUS CONVICTIONS

Where and When				Offence.	Sentence
Summary ditto ditto Sydney Q.S CPO SCC	7 23 31   1   8 15	11   6   7   2 10 11	1873 1874 1874 1875 1877 1877	Stealing Stealing  Stealing (2 charges) Stealing a Watch  Stealing Robbery & Wounding	2 months C 14 days C 2 months H.L. 12 months H.L. 4 days C Death - Commuted to 10 years Rds 1st 2 years in Irons

   

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¹    The Sydney Morning Herald, Wed 17 Oct 1877, p. 7. Emphasis added.

²    The Sydney Morning Herald, Sat 27 Oct 1877, p. 7. Emphasis added.

³    The Sydney Morning Herald, Fri 16 Nov 1877, p. 3.

⁴    SRNSW: NRS2138, [3/6040], Darlinghurst Gaol photographic description book, 1874-1876, No. 1193, p. 35, R5098.

⁵    SRNSW: NRS4232, [4/1561], Executive Council, Minute books, Minute 60, 26 Nov  1877, pp. 224, 231-2.

⁶    Mn “T”

⁷    The Sydney Morning Herald, Wed 12 Jan 1887, p. 5.

⁸    The Daily Telegraph, Tue 1 Feb 1887, p. 2.

⁹    The Daily Telegraph, Wed 2 Feb 1887, p. 9.

¹⁰  The Sydney Morning Herald, Wed 2 Feb 1887, p. 11.

¹¹  Newcastle Morning Herald and Miners’ Advocate, Thu 3 Feb 1887, p. 5.

¹²  SRNSW: NRS2138, [3/6048], Darlinghurst Gaol photographic description book, 1886-1887, No. 3804, p. 45, R5102.

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