The Tamworth Observer and Northern Advertiser, Wed 3 Feb 1897 ¹

QUARTER SESSIONS.
———◦———
Saturday, January 30.
———
(Before his Honor Judge Coffey.)
———

    Mr JR Browning acted as Crown Prosecutor.
…

———
Monday, Feb 1.
———

…

INDECENT ASSAULT ON A BOY.

    William Daly [aka Daley], a youth about 18 years of age, was arraigned on three charges of indecently assaulting a little boy, 6 years of age, named Bertie Nolan, at Bowling Alley Point, on the 13th, 14th, and 15th October last.

    Accused pleaded not guilty, and was defended by Mr H Mocatta, instructed by Mr AJ Creagh (Ross and Creagh).

    Jury: Jas Bowrey, J Rogencamp, A Cross, G Bryant, HP Albertson, J Barnard, J Dixon, JE White, John Cush, RJ Walsh, WE Potts, and MEJ Moran.

    Three jurors were challenged by accused.

    Evidence was given by the boy Bertie Nolan, his father and mother, Senior-constable Moylan and Constable [David] Menary.

    This was the case for the Crown.

    Mr Mocatta contended that there was no evidence to go to the jury.

    His Honor was of opinion that there was ample evidence.

    Accused [William Daley] gave evidence on his own behalf, and stated: I live at Bowling Alley Point, and have lived there 2 years and 9 months; I have known the Nolans during that time; I often saw the Nolans when I passed their place going to work fossicking; I worked by myself; I know the five Nolan children; they came up and played on the hill where I was chopping wood for palings; I promised them some wooden wheels, and they used to come up for them every time they saw me or heard me chopping; I was about a fortnight getting the palings; I heard Bertie ask his brother Larry to unbutton his trousers, as he could not do so; I heard him ask Larry to do this several times; he had also asked me to take down his trousers two or three times before the day his mother came up the hill; he buttoned his trousers up himself; the house where Nolans live can be plainly seen from the hill where we were; I heard Mrs Nolan calling the children; it is not true that I did as the little boy has said; the children often talked to me after the alleged occurrence. Accused denied all the statements against made by the Crown witnesses.

    Mr Mocatta addressed the jury at considerable length, and his honor summed up.

    The jury, after a short retirement, brought in a verdict of guilty, and the prisoner was sentenced to 12 months’ imprisonment. His Honor said he gave him a short sentence so that he would not have to mix with criminals.

~ ~ ~ ~ ~

William Daley, Gaol photo sheet ²

---

Gaol Photo Sheet - Transcribed Details

No. 1044
M[aitland]

Date when Portrait was taken: 17th February 1897

Name: William Daley

Native place: BC Nundle Year of birth: 1878 Arrived       Ship: – in Colony }   Year: – Trade or occupation previous to conviction  } Laborer Religion: Roman Catholic Education, degree of: R&W Height: 5' 8½" Weight     On committal: 148 in lbs     } On discharge: Colour of hair: Dark Brown Colour of eyes: Blue

Marks or special features: Scar on left leg

(No. of previous Portrait ... )  CONVICTIONS
Where and When				Offence.	Sentence
Tamworth Q.S	1	2	1897	Indecent assault on a male person (3 charges)	12 months HL Discharged by Jubilee Remission 25th December 1897

 

---

¹     The Tamworth Observer and Northern Advertiser, Wed 3 Feb 1897, p. 2. Emphasis added.

²     SRNSW: NRS2326, [3/14127], Maitland Gaol photographic description book, 1873-1922, No. 1044, p. 243, R5128.

---