The Shoalhaven Telegraph, Thu 13 Mar 1884 1

LOCAL INTELLIGENCE.
———◦———

…
    At the Police Court, Nowra, yesterday, before Messrs S Elyard, J Glanville, J McArthur, and D McLean, JsP., TD Holme was charged by Senior-Sergeant Brayne with unlawfully and indecently assaulting (unnatural offence) a boy, 13 years of age, at Cambewarra. The details are, of course, wholly unfit for publication. Messrs Glanville, McArthur, and McLean were against a committal; but Mr S Elyard held an opposite view, and committed the defendant for trial. Mr TM Richards appeared for defendant.

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Depositions for Thomas Holmes 26 May 1884 Sydney trial 2

(M., 11 and 12 Vic., Cap. 42.)

Depositions of Witnesses.

Shoalhaven
TO WIT.            }

The examination of Sergeant John Healey of Kiama in the Colony of New South Wales, taken at Kiama on the 10th day of March 1884 before the Police Magistrate, and of Thomas Shepherd Jnr and Thomas Shepherd Sen of Cambewarra, in the said Colony, taken on Wednesday, this 12th day of March in the year of Our Lord one thousand eight hundred and eighty four at Nowra in the Colony aforesaid, before the undersigned, four of Her majesty’s Justices of the Peace for the said Colony, in the presence and hearing of Thomas Holme who is charged this day before us, for that he the said Thomas Holme, on the twenty second day of February last at Cambewarra in the said Colony, did unlawfully and indecently assault Thomas Shepherd Jnr.

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Thomas Holme
Indecent Assault

    Senior Sergeant John Healey being duly sworn states:– About a quarter after six o’clock on Saturday afternoon last by virtue of the Warrant I now produce I arrested the prisoner now before the Court at the Council Chambers Kiama. I first arrested him in consequence of a telegram which was sent to me from Nowra stating that a Warrant had been issued for the prisoner’s arrest. I received the Warrant subsequently and read it to the prisoner wherein he is charged with is unlawfully and indecently assaulting one Thomas Shepherd Jnr at Cambewarra. I cautioned him in the usual way and he said he could prove that he was innocent of the charge. I pray that he may be remanded to Nowra Bench where the principal witnesses reside.

[Signed] John Healey.

Sworn before me at the Court House Kiama the 10th March 1884.
[Signed] Henry Connell, PM.

    Remanded to be dealt with by the Nowra bench.
[Signed] Henry Connell, PM.

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  Thomas Shepherd jnr duly sworn saith: I live at Cambewarra with my father. I shall be 14 years of age this month. I recollect Monday 22nd February. I saw the prisoner at my father’s house. He asked if I would go and sleep with him as there was nobody at Mr Richard’s house except himself. He asked my father to allow me to go. I went with him. He got me some grapes. He got some more grapes and came and sat beside me. He unbuttoned the fly of my trousers, put his hand in and caught hold of my person. He said nothing. He used one hand. His other hand was on his thigh. I pulled his hand away and buttoned my trousers. He unbuttoned it again and put his hand on my person a second time. I removed his hand and buttoned it again. He got up off the chair I then said, “I’ve had enough grapes”, and he said “we’d better go to bed.” We went to bed. There were two double beds in the room. He undressed and went into bed. I undressed and got into the same bed with him. He tried to catch hold of my person again with his hand. He got his leg around me and tried to turn me around to him. I got away from him. I asked him to get out of bed

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and opened the door as it was too hot. He got out of bed and opened and the door and lit the candle, and I got out of bed and put my trousers on. He put his trousers on and only buttoned the top button. He then unbuttoned my fly and caught hold of my person again. I removed his hand and buttoned my trousers. He unbuttoned it again and caught hold of me again. I removed his hand again. He did it again a fifth time. I finished dressing and said I was sick and wanted to go outside. He wanted to go with me, but I said I knew my way about, that I would go out by the front. When I got out.

    By the Sergeant: I went home and told my father. When he was trying to turn me round in the bed with my back towards him, he said I was a fine set boy. When he was unbuttoning my fly, he had one hand inside his own trousers.

    By Mr Richards: I made a statement to Constable Ross at the Police Station my father’s house. I was not frightened when I ran home. I went home to tell my father. I told him alone in my bedroom. I did not tell him all the particulars. I told prisoner I did not feel sleepy. I thought he intended harm. He said he would put me in a different bed to him. When I got into bed I did not turn my back to him. My front was towards him.

[Signed] Thomas Shepherd Jnr.

Sworn by the Deponent at Nowra this 12th day of March 1884 before me.
[Signed] Samuel Elyard, JP.

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    Thomas Shepherd snr duly sworn saith:– I am a tanner and carrier residing at Cambewarra. on Monday the 22nd of February when I got home from the Show, prisoner and Reverend Luke Parr were conversing together. Holme told me he felt very lonely at Mr Wichart’s house and asked if I would allow my son Tom to go and stay with him that night. I said I’d see about it. I went to tea.; After tea I found Holme and my son had gone. My son was absent not more than an hour when he returned home. I went into his room, he was standing crying. I asked him why he had come home and he made a complaint to me. He started to go to prisoner but my wife spoke to me and I left it till the morning. Then I went over, prisoner was half dressed and said he would be out directly. I told him I had come for an explanation why Tom had come home last night. He hesitated for some moments. He then said, “Well I don’t know,” he told me he was bad in his inside and wanted to go out. I said, “You villain, it’s quite true then that you assaulted him last night.” He said “Oh forgive me, Mr Shepherd, forgive me.” Whilst he uttered those words, I struck him, I struck him a second time and he lay down on the path. I told him to get up. He did not and I kicked him three times on the backside and told him I was going to lay an

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information to the Sergeant. He pleaded then for God’s sake and Christ’s sake and my own sake not to lay an information, he said he richly deserved what I had done to him and to do anything else I liked to him, except lay an information, as it would ruin him. I told him he could consider himself fortunate I was leaving him as he was, and he could expect the same mercy he had showed my child. I could hear him pleading as I walked away. My son was with me. Holme’s statement as to my son’s excuse for leaving him was in the same words as a portion of my son’s statement to me. He denied nothing, but pleaded for mercy.

    By Mr Richards: My son was behind orange tree by me orders. My son had not been previously there to sleep. I was away when he came home. He saw his mother before me, but he made his complaint to me first.

[Signed] Thomas Shepherd.

Sworn by the deponent, at Nowra on the 12th day of March 1884 before me.
[Signed] Samuel Elyard, JP.

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(N., 11 & 12 Vic., Cap. 42.)

Statement of the Accused.

New South Wales, Shoalhaven
TO WIT.                                  }

Thomas Holme stands charge before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 12th day of March in the year of Our Lord one thousand eight hundred and eighty four for that he, the said Thomas Holme on the 22nd day of February last at Cambewarra, in the said Colony, did unlawfully and indecently assault Thomas Shepherd the younger and the examination of all the witnesses on the part of the prosecution having been completed, and the depositions taken against the accused having been caused to be read to him by me, the said Justice, (by/or) before whom such examination has been so completed; and I, the said Justice, having also stated to the accused and given him clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may be holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall say may be given in evidence against him upon his trial, notwithstanding such promise or threat; and the said charge being read to the said Thomas Holme, and the witnesses for the prosecution Thomas Shepherd Junior and Thomas Shepherd Senior being severally examined in his presence, the said Thomas Holme is now addressed by me as follows:– “Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in writing and may be given in evidence against you upon your trial;” whereupon the said Thomas Holme saith as follows:– “I reserve my defence.”

Taken before me, at Nowra, in the said Colony, the day and year first abovementioned.
[Signed] Samuel Elyard, JP.

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(O. 1, 11 & 12 Vic., Cap. 42.)

Recognizance to give Evidence

New South Wales, Shoalhaven
TO WIT.                                }

Be it remembered, that on the 12th day of March in the year of Our Lord one thousand eight hundred and eighty four Thomas Shepherd Junior of Cambewarra, in the said Colony, boy, and Thomas Shepherd Senior of Cambewarra in the said Colony, tanner and currier (?) personally came before the undersigned, one of Her Majesty’s Justices of the Peace for the Colony of New South Wales, and acknowledged themselves to owe our Sovereign Lady the Queen the sum of

FORTY POUNDS EACH,

of good and lawful money of Great Britain, to be made and levied on their Goods and Chattels, Lands and Tenements, to the use of our said Lady the Queen, her Heirs and Successors, if they the said before mentioned persons shall fail in the condition indorsed.

Taken and acknowledged, the day and year first abovementioned, at Nowra in the said Colony, before me.
[Signed] Samuel Elyard, JP.

The condition of the within written Recognizance is such, that whereas Thomas Holme was this day charged before the undersigned Samuel Elyard Esquire, one of Her Majesty’s Justices of the Peace for the Colony, with unlawfully and indecently assaulting Thomas Shepherd Junior. If therefore, they the before mentioned persons shall appear at the next Court of Gaol Delivery to be holden at Sydney, in and for the Colony of New South Wales, on the 26th day of May next, at nine of the clock in the forenoon, and then and there give such evidence as they know, upon an information to be then and there preferred against the said Thomas Holme for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Thomas Holme. Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] Samuel Elyard, JP.

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    The undersigned Magistrates at the close of the case for the prosecution, say that they are of opinion no assault was committed.

[Signed] John Glanville, JP, Donald McLean, JP, John McArthur, JP.

    Mr Richards thereupon claims the discharge of the prisoner.

    Mr Samuel Elyard objects to the discharge of the prisoner and will take the responsibility of committing the prisoner whereupon he is called on in the usual form to make his statement, which will be found attached to the proceedings.

    Committed for trail at the Sydney Gaol Delivery on Monday 26th of March next. Bail allowed, himself in £50 and two sureties in £25 each.
[Signed] Samuel Elyard, JP.

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[On the depositions’ cover sheet is the following]

In the Supreme Court
Darlinghurst
26th May 1884
AG’s No. 84/92
Depositions.
CS’s No. 1
The Queen
against
Thomas Holme
Assault with intent to commit an unnatural offence
See within, AG
Committed: at Nowra
on: 12th March 1884

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1884 May Depositions
Sydney
No. 6 separate (?)

~ ~ ~ ~ ~

Assault with intend to commit an unnatural offence

[Initialled] W[illiam] B[ede] D[alley] AG
28/3/84

~ ~ ~ ~ ~

Justice JGL Innes’s Notebook 3

131

[Central Criminal Court, Darlinghurst, 26 May 1884]
Regina v Thomas Holme – Felony – Indecently assaulting at Cambewarra on 22 February one Thomas Shepherd the younger
4
Plea – Not Guilty
Dalley AG & Foster for Crown
Buchanan for defence.

    John Healy. Senior Sergeant of Police. On 8th March last in Kiama I arrested the prisoner by warrant. I got the warrant next day. I had a (telegram ?) – I read the warrant to him which charged as this information does. I cautioned him. He said I’ll be able to prove my innocence.

132

    Cross-examined. For the last 15 or 16 years I have seen nothing of prisoner. Before that I knew him. Nothing against him then – I was not in Court (?) when the case was on.

    Thomas Shepherd. Father of the lad said to have been assaulted. Tanner at Cambewarra, Shoalhaven District: 4 miles from Nowra. – I remember the Agricultural Show Thursday & Friday 21 & 22 February. – I was at the show both days. – On the Friday about 7.20 I got home – I saw the prisoner there & Revd. Luke Parer. 5 He said will you allow my your son to go with me to stay

133

tonight. There is no one with me at Richard’s house & it’s lonely. – I lived in the township – The nearest house to Richard’s is 60 yards off – I said I’ll see about it & I went in to have my tea. After tea I came out to give answer & I found that he & my son had gone – I went away then to look after my horse & when I returned (about ¾ hour or 1 hour) my son was back – I saw him in his own bedroom – I had met my wife & she had said something to me – I went to his bedroom. He was standing crying – he made a complaint to me.

134

I started to go to prisoner’s. As I was starting my wife met me & said something to me & I stayed at home – Next morning I went to Richard’s residence & saw the prisoner – he was in bed – 10 minutes or so before 8. – I said to him I came up for an explanation as to the reason my son left you so soon last night – he hesitated for a bit & then said you well I don’t know unless it was that he said he was bad in his inside & went home. I said it’s quite true then that you assaulted my son.

135

He said Oh forgive me Mr Shepherd – I then struck him twice – knocked him down – I picked him up, took him outside & knocked him down again & then while down I kicked him 3 times – all the while he was imploring forgiveness – I then said “I’m going to lay an information against you” – He said “For God’s sake, for Christ’s sake don’t – If you do that I’m ruined. I’ll do anything you like.” I said you may expect the same mercy from me that you were giving to my son last night – I left him then, still imploring me not to lay the information – 12 days afterwards I laid the information.

136

I thought during that time that it would perhaps be better not to, the exposure of my son & other things.

    Cross-examined. Prisoner was not lying ill from my ill usage during those 12 days. – I was never told so or anything like it – he left the place on Sunday the 24th in Richards’s trap – Ross asked me about 8 days after (Monday) did I assault Holmes – I said yes – Ross said do you know he is ill through that – I said no – nor do I believe it. I think Ross said “he is ill” & I replied not from the effects

137

of the assault – Ross did not say that proceedings were going to be instituted against me for the assault – nothing of the kind – he came to see me to enquire about the assault 6 I did not kick him near the ribs – if his ribs were broken they were not broken by me – I never heard till now that any of them were broken. Probably I would not have laid the information against prisoner but for Ross’s coming to me. Prisoner had been employed by me to teach my children – 12 or 18 months before I was warned of certain things about him but I didn’t credit them & up to the time of this alleged (misconduct ?)

138

he was teaching my children. Prisoner is a good musician. I know all those persons whose names you read out – but I don’t know that prisoner taught their children – or that they speak well of him – Prisoner made a profession of teaching at those houses – but I don’t know that he was so engaged. – I understood that he was so engaged – on Fridays they met (the children) at Richards’s house.

    Re-examined. Prisoner was not a sober man – there was a Police prohibition out against him – this Friday night he was quite sober.

     To Buchanan. It may have been at his own request.

139

    To me. Prisoner lived at Richard’s. Richard’s a married man with family, but they were away at this time.

    Thomas Shepherd Junior. – 14 – I live with my father at Cambewarra. I was at the Show 21 & 22 February. Prisoner I have known about 12 months – I saw him at father’s house on the evening of 22nd. – He asked me would I go to Richards’ house to sleep with him as he was alone. He asked my father – I went with him – it was dark – I went about 8 – I had had tea at our house. – At Richard’s got me some grapes – I ate them. Went first into the parlour. – Prisoner took a bunch & went into a corner of the room & ate them – he came & sat alongside me after a bit. He unbuttoned my fly & put his

140

hand in on my person – I didn’t notice where his other hand was – I moved his hand & buttoned my trousers – he done the same thing a 2nd time – I removed his hand again away & buttoned my trousers – I went to bed about 5 minutes afterwards – same bed as him – there were two beds in the room – double beds – I was undressed & so was he. After that he put his leg round me & tried to turn me round 7 – I struggled with him & got away – I asked him to get out of bed & open the door. I couldn’t sleep, it was too close – it was hot – when he got out of bed I did

141

too – I put on my trousers – he put his trousers on but only buttoned the top button – he sat on the bedside & again unbuttoned my trousers & put his hand on my person – I said to him I’m sick, I want to go outside – he said I’ll come with a candle – I said oh no, I know my way. I got outside & ran hard & told my father directly I saw him.

    Cross-examined. Prisoner went to bed first – I could have gone into the other bed if I liked – he asked me to get into his bed – he never hindered me going home – I need not have gone into the bedroom at all – 10 or 12 days after this father did not say anything to me about this.

142

Police came to father’s house. Father said nothing to me till the morning he was going down to the Court – he asked me did I remember about it 8 – nothing more took place – he never asked me to repeat the story. In the presence of my father I made a statement to the policeman Ross which he took down – this was shortly before we went to the Court. – Prisoner used to teach my sisters music – I never heard any complaint about him.

    Cross-examined. At first I didn’t think prisoner meant harm – he was in bed first. To me he was perfectly sober.

143

For defence

    Thomas Morton Richards. Solicitor for many years – I live about 250 yards from Shepherd’s – I defended prisoner before the magistrates. – For about 12 months before this time (February) he lived in my house with my family. – For 25 or 26 years I have known prisoner – the most amiable inoffensive man I ever met in my life – sometimes led astray by the use of alcohol. I never heard though in contact with him all those years & every day the least obscenity or witnessed anything at all wrong – he used to teach all the best families about – & was held in high esteem by everyone. 9 Shepherd himself told me he had

144

assaulted him – 3 of prisoner’s ribs were broken & he was otherwise very violently ill-used. – The police were going to institute proceedings against Shepherd. – Prisoner is an accomplished musician & a most kindly disposed man – in every concert or thing of that kind he would always give his services gratuitously. – Every one esteemed him highly. –

    Cross-examined. Shepherd came up to me to apologise – I never said to Shepherd don’t prosecute & I’ll get him out of the district – I did (say ?) when Shepherd told me. 10 This occurred in my house & would be a very disagreeable thing for me & I hope to goodness

145

I never heard before that there were any imputations against prisoner for this very kind of thing – I may have heard from some persons utterly unworthy of credit something of the kind & I may have said that to Shepherd, but I don’t remember that I heard such a thing from any one. 11 Prisoner was going to Kiama and I said to him now if anything of this sort is made public you must stand your ground. – I certainly never said to Shepherd or tried to get him out of the district.

    Re-examined. Put in (some paper).

    To me. I was at Nowra on the Friday night – I got home day following.

146

I found prisoner with 3 ribs broken – he could hardly speak or breathe – appeared terribly ill-used.
In Reply.

    Shepherd Senior.

    Buchanan to the Jury – began at 11.30, finished at 11.45.

Summed up. Jury retire at 12.10

    At 4.20. They want to know what punishment prisoner will get. I decline to tell them & say they have nothing to do with that.

147

    At 4.45. They come into Court & say that that was not the view of the Jury but that there was a great division amongst them upon the facts of the case & that there is no probability of their agreeing.
    Locked up till tomorrow morning.

Tuesday – 27 May ’84
    Jury at 10 still not being agreed & having sworn one (person) to that effect, no probability &c.
Jury discharged.
Prisoner remanded.

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The Sydney Morning Herald, Sat 24 May 1884 12

CENTRAL CRIMINAL COURT.

    The following is the list of cases ready for trial at the Central Criminal Court on Monday next:—Thomas Holme, assault with intent to commit an unnatural offence; James Lawson, Joseph Davis, Charles Davis, Cornelius John Connell, and William Johnston, manslaughter; Edward O’Brien, maliciously wounding (two charges); Richard Hanson, alias Tracey, William Ireland, alias Johnston, and Christopher Edwards, alias Connors, breaking and entering a shop and stealing therein; Arthur Frederick Wolfe, murder.

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The Daily Telegraph, Tue 27 May 1884 13

CENTRAL CRIMINAL COURT.

    The sittings of the Central Criminal Court began yesterday, when His Honor Sir George L Innes, presided. The Attorney-General (Hon WB Dalley), with him Mr WJ Forster, prosecuted on behalf of the Crown.
Jurors Fined.

    The following jurors were fined for non-attendance in the sum of 60s each:– John Pepper, Windsor-street, Paddington; William Latimer, Crystal-street, Petersham; Michael Joseph Dillon, 131 Phillip-street; Francis Punch, Walker-street, St Leonard’s; Henry Smith, 30 Upper Fort-street.
…

INDECENT ASSAULT.

    Thomas Holme, an elderly man of respectable appearance, was charged with committing an indecent assault upon Thomas Shepherd, jun., at Cambewarra, near Nowra, Shoalhaven district, on 22nd February last. Prisoner was defended by Mr David Buchanan. Prisoner, a schoolmaster, appears to have invited Shepherd, who was a youth of 15 years, to his house, in the absence of his father, and there to have committed the alleged assault. The boy at once returned to his parents’ house and told them of the assault, with the result that the lad’s father, Shepherd, senr., called on prisoner the next morning and asked for an explanation. The prisoner merely said, “forgive me,” and Shepherd, taking this as an admission of guilt, rushed at him, knocked him down, picked him up, knocked him down again, kicked him, broke three of his ribs, and left him lying senseless on the road outside his house. The assault was of such a nature that it came to the knowledge of the police, and inquiries were made, when Shepherd, 12 days after the commission of the alleged indecent assault, laid the information of which the present trial is the outcome. The jury retired at noon and at four o’clock, having come before the court, stated that they were unable to agree. One of the jurymen asked his Honor on behalf of some of the jury, what the sentence would be if a verdict of “guilty” were brought in. His Honor replied that that was a matter with which they had nothing whatever to do, and he was sorry to hear such a question asked as it was one which should in no way influence their verdict. The jury then retired again, and at a quarter to 5 o’clock being still unable to agree, were locked up for the night.

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The Sydney Morning Herald, Tue 27 May 1884 14

CENTRAL CRIMINAL COURT.–
MONDAY.
(Before his Honor Mr Justice INNES.)

    Mr Foster prosecuted for the Crown.

INDECENT ASSAULT.

    Thomas Holme, a middle-aged man of respectable appearance, was charged with having committed an indecent assault on the person of Thomas Shepherd, junior, 14 years of age, at Cambewarra, on the 22nd of February, 1884. The prisoner was defended by Mr Buchanan, instructed by Mr Richards. The evidence was to the effect that the prisoner resided in the house of Mr Richards, solicitor, as tutor and music teacher, and gave lessons in the principal families of the district, including that of Thomas Shepherd, sen., whose residence was about 250 yards from Mr Richards’s. The boy Shepherd was a pupil of Holm’s. On the night of the alleged assault the boy went to stay at Mrs Richards’s house with Holme, for the sake of company, as the family was absent. Later on he came back and made the charge against Holme. It was stated in evidence by the boy that the prisoner had assaulted him twice. Next morning Mr Shepherd went to Holme, and after conversation with him, beat him and kicked him violently, breaking three of his ribs. Holme was so severely treated that the police began to make inquiries into the matter, and, 12 days after the alleged assault by Holme, Shepherd laid an information. It was urged in defence that the case was got up by Shepherd simply to shield himself from the consequences of his assault on Holme, and that Shepherd’s neglect to have an information until after 12 days had gone by was a proof that he himself did not believe the boy’s story. A document was put in, signed by about 30 residents, bearing testimony to the innocent and inoffensive character of the prisoner, the signatures included those of five magistrates and others who had known the prisoner for about 20 years. The jury were absent for four hours without being able to agree. On their being brought into court, one of the jurors asked what punishment the prisoner would be liable to. His Honor said that was a consideration with which the jury had no concern. The jury again retired and at length returned, intimating that there was no probability of their agreeing. They were locked up till next morning.

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The Daily Telegraph, Wed 28 May 1884 15

CENTRAL CRIMINAL COURT.

    His Honor Sir George L Innes presided over the Supreme Criminal Court, at Darlinghurst, yesterday, when the Attorney-General (Hon WB Dalley) and Mr WJ Foster appeared for the Crown.

THE NOWRA ASSAULT CASE.

    The jury in the case against Thomas Holme, of Nowra, charged with indecent assault committed on one Shepherd, were unable to agree and were accordingly discharged.

~ ~ ~ ~ ~

The Sydney Morning Herald, Wed 28 May 1884 16

CENTRAL CRIMINAL COURT.–
TUESDAY.
(Before his Honor Mr Justice INNES.)

    Mr Dalley and Mr Foster prosecuted for the Crown.

INDECENT ASSAULT.

    The jurors empannelled [sic] in the case of Thomas Holme, charged with indecent assault on Thomas Shepherd, junior, and lock up overnight because they could not agree, were brought into court. They stated that they were still unable to arrive at a unanimous verdict, and were accordingly discharged. The prisoner was remanded for a second trial.

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The Daily Telegraph, Thu 29 May 1884 17

DISCHARGED BY PROCLOMATION

    At the Central Criminal Court yesterday, the Crown being unwilling to proceed against Michael O’Connor, arraigned on a charge of rape, his Honor Mr Justice Innes ordered his discharge by proclamation, which was accordingly cited as follows by the Judge’s Associate (Mr W Bevan):– “If any person know of any crime, misdemeanour, or offence committed by Michael O’Connor now here present, let them come forward and give information to her Majesty’s Attorney-General, or the prisoner will be discharged. God save the Queen.” The same course was adopted with reference to the man Thos Holme, accused of an indecent assault at Nowra, in whose case the jury were unable to agree on Tuesday. No response being made to the proclamation, both prisoners were ordered to be discharged by his Honor. All the cases on the calendar being then disposed of, the Court adjourned “sine die”.

 


1     The Shoalhaven Telegraph, Thu 13 Mar 1884, p. 2. Emphasis added.

2     SRNSW: NRS880, [9/6704], Supreme Court, Papers and depositions, Sydney, May 1884, No. 92. Emphasis added.

3     SRNSW: NRS6223, [2/4544], Judiciary, JGL Innes, J. Notebooks Criminal Causes, 1881-95, pp. 131-147. Emphasis added.

4     Mn: Sec 60 – Penal Servitude 5 years or Imprisonment for not less than 1 year.

5     Parr in transcript of Depositions.

6     Mn: he enquired about why I assaulted him & I told him.

7     Mn: with my back to him – saying I was a fine fit boy.

8     Mn: “do you remember about what happened that night”

9     Mn: 3 out of 4 of the magistrates were for dismissing the case.

10   Mn: You’ll be content with the severe beating you’ve given him

11   Mn: I never heard from any one, Shepherd or any one else, that prisoner tried it on in my house – with 2 young men in the choir.

12   The Sydney Morning Herald, Sat 24 May 1884, p. 8. Emphasis added.

13   The Daily Telegraph, Tue 27 May 1884, p. 6.

14   The Sydney Morning Herald, Tue 27 May 1884, p. 5.

15   The Daily Telegraph, Wed 28 May 1884, p. 6.

16   The Sydney Morning Herald, Wed 28 May 1884, p. 7.

17   The Daily Telegraph, Thu 29 May 1884, p. 6. Emphasis added.