The Wagga Wagga Advertiser, Tue 4 May 1897 ¹

THE LANDS DEPARTMENT.
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…
    AT the police court yesterday before Mr G Martin, PM, and Mr P Moran, JP, two men, named John Williams and William Thomas respectively, were each brought up on a charge of committing an indecent act. Mr HO Heath appeared to watch the proceedings on behalf of the accused Williams. After hearing the evidence for the prosecution, the Bench decided that there was a prima facie case to go before a jury. The accused were each committed for trial to the Quarter Sessions, at Wagga, on June 8 next. An application for bail was granted, being fixed in sureties of £40 each.

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Evening News, Tue 8 Jun 1897 ²

WAGGA SESSIONS.
————

    WAGGA, Tuesday.—The quarter sessions opened this morning before Judge Forbes.
…
    William Thomas and John Williams were charged with indecent assault on May 1. Both prisoners pleaded not guilty. Mr Wise objected to the two being tried together, and his Honor upheld the objection. The Crown elected to try Williams separately. His Honor then ordered the jury to leave the box, and Mr Wise then claimed the discharge of his client, as the prisoners had been given into the charge of the jury, who had not returned a verdict they should be discharged. His Honor said Williams had been indicted, and must plead to it. Mr Wise, on behalf of his client, pleaded not guilty. Another jury was empanelled, and the charge against Williams proceeded with.

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The Wagga Wagga Advertiser, Thu 10 Jun 1897 ³

QUARTER SESSIONS.
Tuesday, June 8.
(Before Judge Forbes.)

    Mr AML Innes was Crown Prosecutor.
…

PECULIAR CHARGE.

    John Williams and William Thomas were arraigned upon indictments which charged them with committing indecent assaults, one upon the other, on May 1 at Wagga.

    The accused Williams surrendered to his bail. The accused each pleaded not guilty. Mr BR Wise (instructed by Mr HO Heath), defended the accused Williams, and on his application the accused were ordered to be tried separately. The accused Thomas was accordingly removed from the dock.

    His Honor then ordered the jury, which had been sworn to try the two accused, to be discharged and they left the jury box. He directed the registrar of the court to empannel [sic] a fresh jury, to try Williams on the indictment.

    Mr Wise applied for the discharge of the accused Williams, on the ground that the jury, having been allowed to leave the box, to whom he had been given in charge, he could not be asked to plead again to the same indictment.

    His Honor said the accused had not pleaded to the indictment, and for that matter the jury could be recalled and placed in the box, as they had not been discharged from attendance at the court. He understood that the registrar would report that the accused had pleaded to the charge after being given over to the jury for trial.

    His Honor (to the Registrar): Is that so?

    The Registrar: Yes, your Honor.

    Mr Wise said the Crown should abandon the charge against Williams.

    His Honor said he would reserve the point raised by counsel. He ruled that the accused Williams was properly before the court, and directed that the trial should be proceeded with.

    Another jury was empannelled [sic] and the accused being called upon to plead again entered the plea of not guilty.

    The Crown Prosecutor having briefly opened the facts of the case called the following witnesses:—Johanna Sa Sin, wife of Joseph Sa Sin, a Chinese storekeeper, and Constable James Prior.

    At the conclusion of the case for the prosecution, Mr Wise raised the point whether the accused Thomas had not committed the assault upon the accused.

    His Honor overruled the objection, and witnesses were called for the defence.

    Dr Thomas Burgess, who had attended the accused Williams as a patient; Robert Johnston, who served the accused with drinks at the Squatters’ Hotel on the night in question; and Edward Graham, selector, were called as witnesses.

    Mr Wise briefly addressed the jury on the evidence, and in doing so submitted that according to the case, Regina v. Jones (96 Q.B.) the accused should be discharged.

    His Honor, in summing up the evidence, declined to direct the jury on the case which had been cited by counsel.

    The jury, after an hour’s deliberation, brought in a verdict of guilty against the accused.

    Mr Wise intimated that he intended to call evidence as to character of the accused, and that an application to be dealt with under the First Offenders’ Act would be made.

    His Honor remanded the accused for sentence till a later hour of the day.

    William Thomas was arraigned upon an indictment which charged him with committing an indecent assault upon John Williams on May 1. The accused was undefended. He pleaded not guilty, and asked that the same jury might be allowed to try the case as had taken the previous one.
His Honor pointed out that the application could not be complied with; but seeing that the accused was undefended he would watch his interest and see that he had a fair trial.

    For the prosecution the same evidence was called as in the previous case. When the female witness was in the box she was severely cross-examined by the accused, and denied that the charge was a trumped up one on her part.

    The jury, in quarter of an hour, agreed upon a verdict of guilty against the accused. Remanded for sentence.
…

SENTENCES.

    John Williams and William Thomas, who were each found guilty of committing an indecent assault, were brought up for sentence. In reply to his Honor as to whether sentence should not be passed upon him, [John] Williams made a statement denying his guilt. He declared before God that he was not guilty of the charge. He said he came into town on the day in question with a few shillings in his pocket, that he had a few drinks and did not recollect any more of what occurred till the Monday morning, when he was charged in the court. He reiterated that before God the charge was an untrue one. The accused [William] Thomas handed up a written statement to his Honor to read.
His Honor, after referring to the gross nature of the circumstances surrounding the assault, said that all he knew was that the accused had committed the offence of which they had been convicted. He sentenced each of the accused to three years’ hard labor in Darlinghurst Gaol. After the accused had been removed from the court, his Honor directed their return again, and reduced the sentence to be served, to two years’ hard labor each.

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The Cootamundra Herald, Sat 12 Jun 1897 ⁴

WAGGA

    The Quarter Sessions were commenced on Tuesday before Judge Forbes.
…
    William Thomas and John Williams were each charged with committing an assault, and received two years’ hard labour in Darlinghurst Gaol.

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William Thomas, Gaol photo sheet ⁵

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Gaol Photo Sheet - Transcribed Details

No. 7240
[Gaol] E[ntry] Book 5528

Date when Portrait was taken: 29-10-1897

Name: William Thomas

Native place: England Year of birth: 1852 Arrived       Ship: Northumberland in Colony }   Year: 1875 Trade or occupation previous to conviction  } Labour Religion: C of England Education, degree of: R & W Height: 5' 7⅛" Weight     On committal: 145/2 in lbs     } On discharge: Colour of hair: Brown to Grey Colour of eyes: Blue

Marks or special features: Scars on top of right little finger & alongside right eye. Blue spots on outside left wrist & back of hand 2 spots inside left fore arm

(No. of previous Portrait ... )  PREVIOUS CONVICTIONS
Where and When				Offence.	Sentence
Wagga Q Sessions	8	6	1897	Indecent assault on a male person	2 years H.L.

 

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John Williams, Gaol photo sheet ⁶

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Gaol Photo Sheet - Transcribed Details

No. 1155
Goulburn

Date when Portrait was taken: 30th June 1897

Name: John Williams

Native place: England Year of birth: 1835 Arrived       Ship: Not known in Colony }   Year: Not known Trade or occupation previous to conviction  } Selector Religion: Church of England Education, degree of: Nil Height: 5' 6¾" Weight     On committal: 164 lbs in lbs     } On discharge: Colour of hair: Brown turning grey Colour of eyes: Blue

Marks or special features: Little finger and thumb left hand crooked, cut on forehead over left eye, small wart right shoulder, scar on left thigh

(No. of previous Portrait ... )  CONVICTIONS
Where and When				Offence.	Sentence
Wagga Wagga Q.S	8	6	1897	Indecent assault on a male person	Two Years H.L.

 

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¹     The Wagga Wagga Advertiser, Tue 4 May 1897, p. 2.

²     Evening News, (Sydney, NSW), Tue 8 Jun 1897, p. 5.

³     The Wagga Wagga Advertiser, Thu 10 Jun 1897, p. 2. Emphasis added.

⁴     The Cootamundra Herald, Sat 12 Jun 1897, p. 5.

⁵     SRNSW: NRS2138, [3/6062], Darlinghurst Gaol photographic description book, 1897-1898, No. 7240, p. 52, R5107.

⁶     SRNSW: NRS2232, [3/5972], Goulburn Gaol photographic description book, 17 Dec 1896-28 Jun 1899, No. 1155, p. 45, R5120.

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