Newcastle Morning Herald and Miners’ Advocate, Mon 18 Jan 1892 1
NEWCASTLE POLICE COURT.
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SATURDAY, JANUARY 16.
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(Before Messrs Mair, PM, and
Thorn, JP.)
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D. and D.
WILLIAM EDWARDS, 48, a labourer, and Peter Duncan, [aka Peter Duncas], 24, a seaman, were fined 10s and 20s respectively, with the usual alternative, for having been drunk and disorderly.
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Newcastle Morning Herald and Miners’ Advocate, Thu 2 Jun 1892 2
NEWCASTLE POLICE COURT.
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WEDNESDAY, JUNE 1.
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(Before Mr Mair, PM.)
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ALLEGED INDECENT ASSAULT.
Peter Duncan, a fireman, was charged with indecently assaulting Frederick Newman at Newcastle on the 31st ultimo.
Water Police Constable Olsen gave evidence of arrest.
Frederick Newman, a little lad of 8 years of age, gave evidence of the offence.
Several witnesses were called and examined.
Accused, in reply to the Bench, stated that he did not recollect anything about it, and was drunk.
He was then committed for trial to the Quarter Sessions.
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Newcastle Morning Herald and Miners’ Advocate, Tue 7 Jun 1892 3
NEWCASTLE QUARTER SESSIONS
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MONDAY, JUNE 6.
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(Before his Honor Judge Wilkinson.)
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THE June sittings of the Newcastle Quarter Sessions commenced at the courthouse at 10 o’clock yesterday morning.
Mr Bevan, instructed by Mr Beaver, acted as Crown Prosecutor, and the following representatives of the legal profession were present:– Barristers: Messrs H Lusk, AB Shand, and AH Hunt; Solicitors: Messrs Gorrick, Baker, Sparke, Readett, Windeyer, Moore, and Millard.
The calendar was a light one, there being only eleven cases.
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A TERRIBLE CHARGE.
Peter Duncan aged 23, a seaman, was charged that he did on the 31st of May last indecently assault Frederick Newman, a youth 8 years of age.
The accused pleaded not guilty, and was defended by Mr Readett. All women and children were ordered to leave the court.
Frederick Newman, aged 8, on being sworn, said that he never went to church, and after being asked by his Honor repeatedly he said that he did not know what the truth was. He was then allowed to stand down.
Water-police Constable Olsen deposed that on the 31st ult, about 9 pm, from something he had heard, he went between the railway yard near the Queen’s Wharf, and arrested the accused. The case was only heard in the Police Court on Tuesday last, the evidence for the most part being most disgusting.
John Callanan, age 12 years, gave evidence, and swore that the accused enticed the boy away by offering him one shilling to carry his clothes from a ship. The lad went with the accused, and witness stayed behind, the accused offering him 8d not to go with the boy Newman. Witness afterwards ran and told the boy’s father.
Under cross-examination, the youth, who gave his evidence in a very straightforward way, said that the accused was not sober and not drunk. He met them in Hunter-street, and first of all asked for a match.
Charles Newman, picture frame maker residing in Hunter-street, deposed that the boy was his son. He was 8 years of age, and knew the difference between the truth and a falsehood.
Frederick Newman, the prosecutor, was again in the box, but he could give no definite answer to any question. The Crown Prosecutor wished his evidence taken for what it was worth, but Mr Readett objected. The father then asked the lad some questions, but he seemed very frightened, and did not answer for some time. He then on being asked if he ever saw the accused said “No,” but he afterwards corrected himself. His evidence was literally dragged from him, and he repeated the statement he made in the Police Court.
This concluded the case, and the accused [Peter Duncas] repeated his statement that he was drunk on the night in question and remembered nothing.
His Honor said that he could not see how the boy’s evidence could be admitted. He was by no means convinced that the boy had the necessary intelligence or was, under the Act, capable of understanding the nature of an oath.
The Crown Prosecutor submitted that there was sufficient evidence with the lad’s statement, but his Honor thought otherwise. He would, however, allow the jury to take the responsibility.
After being briefly addressed by his Honor, the jury without retiring returned a verdict of not guilty, and the accused was discharged.
The Court adjourned at half-past 5 o’clock until 10 o’clock this morning.
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Newcastle Morning Herald and Miners’ Advocate, Thu 9Jun 1892 4
LOCAL AND GENERAL.
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JUDGE WILKINSON said that after 27 years of experience he had been insulted for the first time by a jury in the bigamy case yesterday.
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MR THOMAS WALKER, who is at present in Darlinghurst Gaol, inquires anxiously from time to time after the Rev Mr Laseron’s health.
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WHEN the jury brought in a verdict of not guilty in the bigamy case yesterday, in spite of the direction of the Judge, there was great surprise in the court.
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KATE BUTLER was found not guilty by a jury in the Quarter Sessions yesterday of a charge of bigamy, notwithstanding a direction from the Judge to find a verdict of guilty.
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WILLIAM H WELLS was called on at the Police Court yesterday to answer two charges of suffering horse to stray, but he did not appear, and the Bench ordered a warrant to be issued for his arrest.
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THE Rev Mr Laseron, [see above] who is still at the Prince Alfred Hospital, was considerably weaker yesterday, and the doctors are afraid to probe for the bullet again until he shows signs of regaining his strength.
AT the Police Court yesterday a seaman, named Thomas Williams was sentenced to two months’ hard labour, on a charge of stealing a pair of boots, valued at 6s, the property of Alfred Dalby, of Hunter street.
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A LITTLE lad named Percy Hodges was charged at the Police Court yesterday with having been found wandering about the streets. After the arresting constable’s evidence had been taken the case was remanded till Friday.
AT the Quarter Sessions yesterday Algot Johnson, a Swede, was found guilty of breaking into the shop of Edmund Banfield in March last and stealing a quantity of clothing. Three other charges are pending against him.
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TWO strangers named Robert Reay and Archibald Watson were each fined 20s at the Police Court yesterday for having travelled from Sydney to Newcastle by the steamer Namoi without paying their fares. Failing payment they will ruralise at Maitland Gaol for a week.
AT the Police Court yesterday one Francis Morley was fined 20s, with 2s 6d costs, for having cruelly ill-treated a horse by working it while it suffered from a sore shoulder. Thomas Lancey was also find 5s and costs for having kept a pig on his premisses in Auckland-street.
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TWO boys named Oliver Brazel and Albert Pendlebury were brought up on remand at the Police Court yesterday charged with the larceny of a parcel of clothing. Some further evidence was given for the prosecution, but the case was not proved, and the lads were discharged.
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IN a paragraph published in our issue of Tuesday, with reference to a case of indecent assault heard at the Newcastle Quarter Sessions on the previous day, the name of the person charged with the offence, and who was acquitted, was wrongly stated. As our detailed report of the case showed, the name of the accused was Peter Duncan, and the youth referred to in the paragraph was Frederick Newman, the complainant, who is but a child of eight years of age. We regret that the inadvertent error was committed.
1 Newcastle Morning Herald and Miners’ Advocate, Mon 18 Jan 1892, p. 3. Emphasis added.
2 Newcastle Morning Herald and Miners’ Advocate, Thu 2 Jun 1892, p. 7. Emphasis added.
3 Newcastle Morning Herald and Miners’ Advocate, Tue 7 Jun 1892, p. 7. Emphasis added.
4 Newcastle Morning Herald and Miners’ Advocate, Thu 9 Jun 1892, p. 4. Emphasis added.