The Raleigh Sun, Fri 29 Apr 1898 1
MACKSVILLE POLICE
COURT.
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Wednesday, April 27.
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Before TCK McKell, PM, and E Hitchins, JP.
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ASSAULT AND INDECENT EXPOSURE.
Thos Swift, jun, appeared to answer two charges of having, on March 18 last, near Congarini, assaulted Bernice Welsh and of having indecently exposed himself. Mr Gilfillan appeared on behalf of defendant, and Mr Sub-Inspector Baker conducted the prosecution.
David Welsh deposed: I am a farmer living at Lower Taylor’s Arm; I have heard the complaint read; I have a daughter Bernice, aged 13 years; from what was told me on March 18 I started to come to Macksville; on my way I saw a horse near the road which I believed was defendant’s; I called out, but received no reply; I came in for the constable, but from what I heard when I got to Macksville I went home without him.
Bernice Welsh deposed: I live with my parents at Taylor’s Arm; I remember the 18th March last; it was a Friday; I came to Macksville on that day for music lessons; I was alone; I left Macksville about noon on horseback for home; I saw defendant for the first time near O’Rourke’s; he caught up to ,e; there were two more men behind; defendant said “Good-day,” and I replied “Good-day”; defendant then said “That is a nice horse you are riding;” while waiting for the punt he asked me to get off; he did so several times; I then got off; when crossing on the punt defendant said, “Will you give me a kiss when we get along the road?” when the punt got over defendant helped me to mount my horse; while defendant was talking to the puntman I galloped away—to get rid of him; when about a mile along the road, and near Ryan’s fence, defendant came up and told me not to ride so fast; he caught hold of the bridle of my horse; he let go the reins and I galloped away; he overtook me again and said, “Your girth is undone,” and got off his horse; the girth was all right; defendant asked me to come in the shade; we started along the road together, side by side; defendant put his arm around me; he got off his horse, and held my horse by the rein; he showed me a handful of silver, and indecently exposed himself.
By Mr Gilfillan: I could not say whether defendant was drunk or not—he was not staggering; the road is a lonely one; there was no one about but ourselves; if defendant liked I suppose he could have pulled me off my horse.
Thomas Malone, lessee of the Congarini punt deposed: I remember Friday, March 18; on that day at a quarter to one defendant and Birdie Welsh crossed the punt together; when on the punt I heard a man named Ned Toban call out, “Come back, Swift, and we will come with you”; defendant answered, “You go on that side and I’ll go on this, and we will meet at Kafer’s; defendant and Birdie Welsh were talking on the punt; when she got on her horse, Miss Welsh rode faster than usual; defendant said he had no money, but eventually found a threepenny bit; he appeared to be sober; he followed Birdie Welsh; defendant had not crossed on the punt for some time previously.
Catherine Drysdale, Eliza Welsh, and Charles Johnson also gave evidence, but nothing fresh was elicited.
Accused, who reserved his defence, was then committed to take his trial at the next Court of Quarter Sessions to be holden at Kempsey on Monday, May 9. Bail was allowed—himself in £100, and two sureties of £50 each.
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The Raleigh Sun, Fri 13 May 1898 2
QUARTER SESSIONS.
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The Quarter Sessions were opened at Kempsey, on Monday last, before Judge Docker. Thomas Swift, of Taylor’s Arm, pleaded guilty to a charge of assaulting Bernice Welsh, a child under 14 years, Near Macksville. The charge was reduced from an indecent assault to common assault, and accused pleaded guilty. He was sentenced to six month’s imprisonment in Port Macquarie gaol. An application by accused’s solicitor that Swift be dealt with under the First Offenders’ Act , was refused.
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The Macleay Argus, Sat 14 May 1898 3
KEMPSEY QUARTER SESSIONS.
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Before Judge Docker.
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The Sessions extended over Monday and a portion of Tuesday last. Mr RJ Browning, acted as Crown Prosecutor. Mr JW Wilson acted as Deputy-Sheriff.
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ASSAULT.
Thomas Swift pleaded guilty to a common assault on a young girl named Bernice [or Bernece] Welsh.
Mr Gilfillan applied for the case to be dealt with under the First Offenders’ Act . He said Swift was a married man with a wife and six children. He had committed the offence when under the influence of drink and he was exceedingly sorry for what he had done.
In this case also, Judge Docker, while passing sentence, improved the occasion. He said he could not bring the case under the First Offenders’ Act , and must try the deterring effect of imprisonment. He would sentence Swift to six months’ hard labor in Port Macquarie Gaol.
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Thomas Swift, Gaol photo sheet 4
![SRNSW: NRS2138, [3/6063], Darlinghurst Gaol photographic description book, 1898-1899, No. 7508, p. 73, R5107. Emphasis added.](../../images/trials/1898-Swift-6063-gaol-photo-7508.jpg "SRNSW: NRS2138, [3/6063], Darlinghurst Gaol photographic description book, 1898-1899, No. 7508, p. 73, R5107. Emphasis added.") |
Gaol Photo Sheet - Transcribed Details
No. 7508
2429/98
Date when Portrait was taken: 4-10-1898
Name: Thomas Swift
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Native place: BC Taree Year of birth: 1867 Arrived Ship: – Trade or occupation Religion: RC Education, degree of: R&W Height: 5' 10" Weight On committal: 192 Colour of hair: Black Colour of eyes: Blue |
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(No. of previous Portrait ... ) PREVIOUS CONVICTIONS |
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| Where and When | Offence. | Sentence | |||
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Nambucca PC ditto ditto ditto ditto ditto ditto ditto Kempsey Q.S |
3 31 9 9 13 14 13 24 9 |
3 8 4 9 5 1 5 11 5 |
1884 1885 1889 1889 1890 1891 1896 1897 1898 |
Drunk and disorderly Drunk and disorderly Drunkenness Drunk and disorderly ditto Supplying aboriginal with liquor Obscene language ditto Common assault |
Fined 60/- Fined £1 Fined £1 Fined £2 Fined £2 Fined £2 Fine £1 Fined £1 6 months HL |
1 The Raleigh Sun, (Bellingen, NSW), Fri 29 Apr 1898, p. 2. Emphasis added.
2 The Raleigh Sun, (Bellingen, NSW), Fri 13 May 1898, p. 2.
3 The Macleay Argus (Kempsey), Sat 14 May 1898, p. 10.
4 SRNSW: NRS2138, [3/6063], Darlinghurst Gaol photographic description book, 1898-1899, No. 7508, p. 73, R5107. Emphasis added.