Below also see: Joseph Boland, 1894

 

Singleton Argus, Sat 27 Jun 1891 ¹

LOCAL NEWS.
———◦———

…
    At the Police Court on Monday, before Messrs H York and R Faulkner, J’sP, a “drunk” was admonished and discharged, it being his first offence.—On Tuesday, before Mr JN Brooks, Arthur Tanner was further remanded for a week on a charge of embezzlement.—On Thursday, before Dr Read, JP, Michael Mussen, for an assault with intent to commit sodomy, was remanded to Tuesday next.

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Singleton Argus, Wed 1 Jul 1891 ²

SINGLETON POLICE COURT.
———◦———
TUESDAY, 30th JUNE.
————
(Before Messrs JN Brooks, PM,
and George Loder, JP.)

…

ASSAULT WITH INTENT.

    Michael Mussen, an Assyrian, was brought up on a charge of assault with intent to commit sodomy.
    Mr Howe appeared for accused, and Joseph Hanush, of Sydney was sworn in as interpreter.
    This case was heard with closed doors.

    Constable Collier deposed that on Sunday morning, the 21st June, he received certain information, in consequence of which he went to the residence of Charles Marshall, Bowman’s Creek, about 26 miles from Singleton, and there saw a youth named [Joseph] Boland, [see Joseph Boland, 1894 details below] who made a statement to him; in consequence of what was reported to him he went about two miles down the creek, in company with Boland; he saw accused at Mr Charles Ball’s residence; he (witness) had a conversation with Boland, in accused’s presence, but the accused did not appear to understand; from the report then made to him he (witness) did not think it was a case for the police to interfere; he returned to the station at Goorangoola, and the following morning, at 10 o’clock, Mr Frank Balls called on him and told him something; from what he was told he saw the boy again, who gave him some further information, and he went in search of accused; about 3 o’clock that day he saw accused at the residence of Mrs Watts, Stoney Creek, about nine miles from Singleton; Boland, who was with witness, said accused was the man he complained of; he then arrested him on a charge of assault with intent to commit sodomy; in answer to the charge, accused said, “Me no understand.”

    By Mr Howe: It was from information received from Thomas Balls and Allan Balls that he, on the Sunday night, went to where the accused was; the boy Boland was then present, he having went with witness from Charles Marshall’s; Boland was about fifteen years of age; he knew nothing about him; when he (witness) rode up to Charles Balls’ house, accused came to the door; witness then said to Boland, “Tell me in what way you were assaulted by the accused”; accused said, “Me stop here to-morrow morning”; Boland said, “No, you won’t, master might come home, and he might not like it”; accused again said, “Me stop here, suppose rain in the morning”; Boland afterwards said that accused picked up a stick, and he ran away towards the creek; Francis Balls’ residence was opposite Charles Balls’, and about twenty yards away from where the assault was alleged to have taken place; when this conversation took place it was about 3 o’clock on the Monday evening; he heard nothing whatever then about sodomy, the charge for which he had been summoned to hear from Boland; there was not a single word then in Boland’s statement about an assault having been committed; on the Monday, when he went to Mr Watts’ place, it was from a second information that he received.

    Joseph Boland deposed that he was fifteen years of age, and in the employ of Charles Balls, at Bowman’s Creek; he was there on Sunday evening, the 21st instant; Mr Balls was not there on that night—he left on the Friday evening previous, and had not returned; witness was left to mind the place; whilst his master was awa, Saturday, accused went to the house; witness was at the back filling in some postholes; accused came to the verandah; and said “Good night” to witness; witness said “Good night,” and as he did not know who it was he went over to accused; accused said, “It’s wet,” and witness said it was; witness then went back to his work, and when he had finished he went to the house; accused, who was a hawker, then had his bundle and box in the kitchen; he asked accused where he was going to stop, and he said “here;” witness said that he could not stop here, but accused said that he would; witness said nothing further to him; it was then about dusk; witness made made [sic] up a fire, and accused sat by it; he got the supper, and gave accused some; the two of them, after supper, sat by the fire for about an hour; as accused did not have any blankets, witness gave him his; next morning (Sunday) he got up at 6 o’clock, and accused was then in bed; he made a fire, and got breakfast ready, and then called accused, who got up and had some; he afterwards sat by the fire for about an hour, and his master’s brother, Frank Balls, came to the house; he (Balls) sat by the fire until 4 o’clock with accused, and then went away, leaving witness and accused in the house; he told accused he would have to go away early in the morning unless it was raining, and accused said that he would not until the creeks were down; he told him his master would be home, and would make him go away; accused then picked up a stick, and chased witness by the old school; accused caught him, and shoved him down. (The witness here described the nature of the assault, which is unfit for publication.) He was afterwards taken back to the house by accused, who told him (witness) to stay there; two men afterwards came up, and accused went out to them; witness then got up and went away, and made a complaint; when witness was taken inside by accused, the latter said, “Me give you watch and chain; you say nothing about it;” he also told witness that, if he did he would put a stop to him; he did not tell the police on the first occasion (on the Sunday night or Monday morning) the nature of the assault that had been committed.

    By Mr Howe: Did not know who the men were who went down to the creek; they were not riding; the two Marshalls afterwards came up riding to the house; could not see them plainly; was particular in his statements as to the arrival of the accused and what took place; accused gave him a silk handkerchief; Mr Thomas Balls now had it; did not see anyone take something out of accused’s pocket; accused also gave witness a ring, pocket knife, and pair of braces to let him stay until the Monday morning; the ring and knife were Mr Balls’ place; accused gave him the ring, the pocketknife, and the pair of shoe laces on the Sunday morning, and it was then raining; it was about 1 o’clock on Sunday when Francis Balls came to the house; he (witness) understood all the accused said to him; accused was alone with witness from 4 o’clock on the Saturday afternoon to 1 o’clock on Sunday, when Francis Balls came; accused made no attempt to assault him between the Saturday and Sunday; it was just before Mr Balls came at 1 o’clock on Sunday that accused gave witness the silk handkerchief to let him stay all Sunday and until it stopped raining; after he got the handkerchief he told accused he could stay until the Monday morning; neither did not attempt to rob accused, neither did he see anyone else attempt to do so; did not hear accused make any complaint about being robbed; the only assault attempted was the one that he had already named; there were four men on the opposite side of the creek when he was assaulted; the first time he heard of the crime of sodomy was at Bowman’s Creek, but he had also read of it in some papers; did not know who it was that sent for the police; the Marshalls were the first persons he saw after the alleged offence—about 20 minutes afterwards; witness told them accused had been chasing him with a stick, but did not say anything about the assault; the first he told of the assault was at Balls’ on the Monday morning; he saw on the Sunday night Samuel and Thomas Marshall, Constable Collier, Allen Balls, Edward Balls, Mr Marshall and his two girls, and to none of them did he say anything about the assault except that accused had been chasing him with a stick; when he (witness) had been taken back to the house after the assault, accused made him (witness) show him where his clothes were; he had changed his clothes when the Marshalls arrived; his clothes were not wet during Sunday; when he was shoved down he fell into a pool of water; when he got out accused caught hold of him and committed the offence; it was to Charles Balls to whom he first made the complaint about being assaulted; that was on the Monday morning; previous to telling him he saw his father, mother, brothers, and a Mr Fleming, the way he came to tell Charles Balls was because the latter said he must have done something to him to make him scream out; accused could not have got into his room on the Saturday night because he had his door locked.

    John Allen Ball[s] deposed that he resided at Goorangoola, and on the night of Sunday, the 21st June, was staying with his father at Bowman’s Creek; his father’s and Charles Balls’ places were about a quarter of a mile apart, the creek separating them; on the night named he heard some screams, coming from the direction of Charles Balls’ place; he and his two brothers and a man named Fleming went down to the creek; could then hear the screams; believing that it was the boy Boland who was screaming, he called out loudly, “What’s up with the boy”; he received no reply; he heard a man talking on the bank, but could not understand what he was saying; did not know who the man was; could not see anyone, as it was too dark; he went down to Samuel Marshall’s place about a mile and a half away, and called out to them, and afterwards went for the police; the creek was not crossable at the time; it was because the boy was screaming out for a long time that he went for the police; his brother Thomas went with him; he returned with the constable to Charles Balls’ place; saw a man there, but could not say if it was the accused, as it was too dark; before going to Balls’ place they went to Marshall’s; the boy Boland was then there, and he returned with them to Balls’; the boy made no complaint when he saw him at Marshall’s; did not see the boy before he went for the police.

    By Mr Howe: Did not know why the police went to Marshalls’ [sic] before going to Balls’ place; when he arrived at Marshall’s, the boy Boland was there; Boland said something to the police at Marshall’s, but did not hear what was said; he was about two hours going for the police; did not hear anything on the Sunday night about the alleged assault, or anything in reference to it; did not that night hear the boy say why he was screaming; when he went to Balls’ place the constable and Boland went inside the house, but witness did not; Boland had every opportunity of telling the constable why he was screaming; he could also have told the Marshalls; when he called out from the opposite side of the creek, he saw a man there, who was saying some thing, but he could not hear; did not see whether the man had the boy in his arms, but he did not think so; witness called out, “What’s up with the boy”; did not see the boy at the creek; he could have been there without witness seeing him; he did not know whether the Marshall’s were nursing the boy on the Sunday night for some sickness; when he went to Marshall’s before going for the police, he told them to go down and see what was up with the boy.

    This was the case for the prosecution.
    The accused was then committed to take his trial at the Singleton Quarter Sessions to be held in September next.
    Bail allowed, self in £100, and two sureties of £50 each, or one of £100.

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Singleton Argus, Sat 5 Sep 1891 ³

LOCAL NEWS.
———◦———

…
    At the Police Court on Thursday, before Messrs W Dudding and H York, J’sP, Joseph Boland, a youth was charged with absconding from his apprenticeship. On the boy’s promising to behave better in the future, his master, Charles Ball, expressed his willingness to take him back, and he was thereupon discharged.

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The Maitland Mercury and Hunter River General Advertiser, Tue 22 Sep 1891 ⁴

SINGLETON.

Monday evening.

    The Sessions commenced this morning at ten o’clock before Judge Backhouse. Mr Coffey was Crown Prosecutor. Arthur Tanner, indicted for embezzlement, was found guilty. He was defended by Mr Howe. George Burt, William Blake, and William Payne, for stealing from a dwelling, were found guilty; they were undefended. Francis Parmeter for inflicting grievous bodily harm, was acquitted; he was defended by Mr Howe. Michael Musson, an Assyrian, indicted for sodomy, was acquitted; he was defended by Mr Moriarty. The Court rose at half-past 4, and adjourned until to-morrow morning.

    Ninety points of rain fell here since Friday.

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Singleton Argus, Wed 23 Sep 1891 ⁵

SINGLETON QUARTER SESSIONS.
MONDAY 21st SEPTEMBER.
(Before His Honor District Court Judge Backhouse.)

    The Court opened at 10 o’clock, Mr W Dudding acting as Sheriff’s Deputy, and R Waddell, CPS, as Acting Clerk of the Peace.
    Mr WH Coffey was present as Crown Prosecutor. The only other member of the bar present was Mr EA Moriarty.
    The solicitors in attendance were Messrs HV Howe, WW Robinson, EP Richards, and RW Thompson.

JURYMAN'S LIST.

    The juryman’s names having been called over, all answered with the exception of Isaac Frith, DP Power, EL Dawes, WJ Arthur, and John Grainger.
    Excuses were allowed, owing to illness, for the absence of Isaac Frith and John Grainger; and for Edwin L Dawes, he being away droving.
    Fines of £2 each were imposed on David P Power and William J Arthur.
…

SODOMY.

    Michael Musson [aka Mussen], a Syrian, on bail, was indicted with having on the 21st June, 1891 attempted to commit sodomy.
    Prisoner pleaded not guilty, and was defended by Mr Moriarty, instructed by Mr HV Howe.
    The following jury was empannelled:—[sic]Henry Da Faur Clarke (foreman), Henry E Drake, John O’Brien, Thomas Kermode, Joseph McFadden, James W Collins, John Thorley, John Sheridan, William F Hobden, Henry McFadden, jun., Ashton Clarke, Thomas A Fawcett.
    Aaron Abrahams, of Sydney, was sworn in as interpreter.

    Joseph Boland, a lad in the employ of Charles Balls of Bowman’s Creek, said that on the afternoon of Saturday, the 20th June last, accused went to his master’s place, and asked to be allowed to stay there for the night. He told accused that he could not stay, but he persisted in doing so. Prosecutor shortly afterwards went down towards the creek, and prisoner followed and caught him. On catching him he committed the assault complained of. (The nature of the assault was here described.) Whilst the assault was being committed, prosecutor screamed out, and was heard by someone on the other side of the creek, but as there was a great fresh in the creek and it was dark he could not see who it was; after the assault accused gave him a silk handkerchief and a few other small articles; prosecutor went away, and whilst he was absent Samuel Marshall and someone else went to the place, and finding he was not there went they went to where he was and asked why he had been screaming out; he did not tell them the reason, but told them something else; it was not until the following Monday morning that he told them in what manner accused had assaulted him.

    At this stage the prosecutor was closely examined by the Crown Prosecutor and by his Honor as to the position s of himself and the accused at the time of the assault; but as he was unable to give a satisfactory explanation it was agreed to by Mr Moriarty that another charge of indecent assault on a male person should be added to the indictment.

    In cross-examination by Mr Moriarty, the witness admitted that he had been on board the Vernon, and that he was apprenticed from there to a Mr O’Brien at Goulburn; also that he had been twice before the Bench of magistrates, but on neither occasion was it for stealing. It was on the Monday morning at 4 o’clock that he first told his master (Charles Ball) of the accused’s assault on him. He never at any time asked accused to give him anything for allowing him to stay all night at the house, but on the Sunday afternoon accused gave him a few articles without being asked for them. These articles he did not steal from accused’s box. He never at any time told Constable Brook that he (Boland) had sworn falsely at the police court trial.

    Constable Brook deposed that the witness Boland had been under his charge at the lockup on the 2nd September, and whilst there he commenced crying. He asked why he was crying, and he replied that it was on account for the hawker, that he had sworn lies about him.

    His Honor here asked the jury to consider, before going on any further with the case, whether the boy Boland was a witness to be believed. For his part he had his own opinion in the matter.
    The jury considered, and at once brought in a verdict of not guilty.
    His Honor discharged the accused, and remarked that were it not for his youth, he should direct that a charge be preferred against Boland for perjury.

 

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Joseph Boland, 1894
 

Evening News, Tue 15 May 1894 ⁶

ROBBING A FELLOW LODGER.
————

    A youth named Joseph Boland was before the Water Police Court this morning on a charge of having stolen clothing and £25 in money belonging to William Delaney, from a dwelling at Coogee-street, Randwick; also a pair of boots belonging to Henry Campbell. Delaney gave evidence that accused and he shared a room at the residence of Mr M Thompson, horse-trainer at Randwick. Early one morning at the latter end off April Boland was missing, and it was discovered that the box in which he (Delaney) had a portion of his clothing and £25 had been broken open and all the contents stolen. Nothing more was heard or seen of accused until arrested at Tamworth five days ago, when he was found wearing the clothing. Boland was handed over to the custody of Senior-sergeant Strachan, of Randwick, to whom he stated that he had spent part of the money at Goulburn, and with the balance had purchased a diamond ring. Mr Giles, SM, committed Boland for trial at the next sittings of the quarter sessions, opening on the 28th instant.

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The Sydney Morning Herald, Wed 16 May 1894 ⁷

POLICE COURTS.
———◦———

…

ROBBING A JOCKEY.

     Before Mr Giles, SM, at the Water Police Court yesterday, a youth named Joseph Boland was charged with stealing from a dwelling in Coogee-street, Randwick, £25, a suit of clothes, and other articles, the property of William Delaney, and a pair of boots, valued at 15s, the property of Harry Campbell. Accused, Delaney, and Campbell were in the employ of Mark Thompson, a horsetrainer, and slept in the same room. On the 30th April Delaney and Campbell left the house about half-past 6 o’clock, leaving Boland in the room. When they returned Boland was absent, and Delaney’s box had been broken open, and the money, clothes, and boots were missing. Accused, when arrested at Tamworth, admitted that the clothes and boots found in his possession belonged to prosecutors, and he said he had spent the money—£13 on a ring, and the balance on a trip. Boland, who said nothing, was committed for trial at the next Court of Quarter Sessions.

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The Sydney Morning Herald, Tue 29 May 1894 ⁸

METROPOLITAN QUARTER SESSIONS.
MONDAY, MAY 28.
(Before his Honor Judge Coffey.)

     Mr WR Merewether prosecuted on behalf of the Crown.

PLEADED GUILTY.

    The following prisoner pleaded guilty, and were remanded for sentence:—
    Joseph Boland, larceny of clothes, jewellery, and £25 in money, the property of W Delaney, at Randwick, on 30th April.

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Evening News, Wed 30 May 1894 ⁹

SENTENCED AT THE SESSIONS.
————

    the following prisoners who pleaded guilty on Monday were sentenced at the quarter sessions yesterday afternoon:
    Frank Beaumont, two charged of breaking and entering, six years’ penal servitude on each charge, the sentences to be concurrent. There was a list of previous Melbourne and Sydney convictions against the prisoner.
    Joseph Boland, larceny, six months’ hard labor with separate treatment.
    John Miller, contracting a bigamous marriage, three years’ hard labor.

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The Sydney Morning Herald, Wed 30 May 1894 ¹⁰

METROPOLITAN QUARTER SESSIONS.
TUESDAY.
(Before his Honor Judge Coffey.)

    Mr WL Merewether prosecuted for the Crown.

SENTENCES.

…
    Joseph Boland, age 17, who had pleaded guilty to the larceny of clothes, jewellery, and £25 in money, the property of W Delaney, at Randwick, on 30th April, was sentenced to six months’ hard labour in Darlinghurst Gaol, to be under separate treatment.

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Joseph Boland, Gaol photo sheet ¹¹ 

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Gaol Photo Sheet - Transcribed Details

No. 5965

Date when Portrait was taken: 16-5-1894

Name: Joseph Boland

Native place: BC Rockhampton Year of birth: 1877 Arrived       Ship: — in Colony }   Year: — Trade or occupation previous to conviction  } Trainer Religion: Cath[olic] Education, degree of: R & W Height: 5' 4¼" Weight     On committal: 120 in lbs     } On discharge: Colour of hair: Brown Colour of eyes: Brown

Marks or special features: Bites nails. Boil scar on left side of back of neck. Mouth always – partly open & shows teeth wears hair down on forehead.

(No. of previous Portrait ... ) PREVIOUS CONVICTIONS
Where and When				Offence.	Sentence
Sydney Q.S	28	5	1894	Steal in dwelling	6 months HL Darlinghurst

 

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¹     Singleton Argus, Sat 27 Jun 1891, p. 2. Emphasis added.

²     Singleton Argus, Wed 1 Jul 1891, p. 2. Emphasis added.

³     Singleton Argus, Sat 5 Sep 1891, p. 2.

⁴     The Maitland Mercury and Hunter River General Advertiser, Tue 22 Sep 1891, p. 5. Emphasis added.

⁵     Singleton Argus, Wed 23 Sep 1891, pp. 2, 4. Emphasis added.

⁶     Evening News, (Sydney, NSW), Tue 15 May 1894, p. 6. Emphasis added.

⁷     The Sydney Morning Herald, Wed 16 May 1894, p. 7.

⁸     The Sydney Morning Herald, Tue 29 May 1894, p. 3.

⁹     Evening News, (Sydney, NSW), Wed 30 May 1894, p. 3. Emphasis added.

¹⁰   The Sydney Morning Herald, Wed 30 May 1894, p. 7.

¹¹   SRNSW: NRS2138, [3/6056], Darlinghurst Gaol photographic description book, 1893-1894, No. 5965, p. 253, R5105.

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