James Barry and James Dillon, 1904

Below also see: Richard Larkins, 1908 – Sodomy

 

Newcastle Morning Herald and Miners’ Advocate, Tue 23 Aug 1904 ¹

QUARTER SESSIONS COURT.
———◦———

    The Newcastle Court of Quarter Sessions was opened yesterday morning, before his Honor Judge Fitzhardinge. Mr HH Lang, Deputy Sheriff, occupied a seat on the Bench. Mr AF Dawson prosecuted on behalf of the Crown.

    Mr CM Ranciaud was sworn in as a justice of the peace.
…

STEALING AND RECEIVING.
————
THE ACCUSED CONVICTED.

    James Dillon and James Barry [aka Richard Larkins] were presented on a charge of breaking and entering the dwelling house of William Haslar, at Teralba, on 1st August, and stealing a watch and chain, a rug, a half blanket, a pair of boots, a pair of socks, a flannel shirt, a razor, a strop, and a pair of drawers, the property of William Haslar; and a shirt, a sweater, a pair of trousers, a pair of boots, a pair of socks, two towels, and a strop, the property of William Corney, the whole being of the value of £10. On a second count they were charged with receiving this property, well knowing it to have been stolen. They pleaded not guilty. The circumstances of this case, as submitted in the evidence for the Crown, were that the accused were found in possession of goods which had been stolen from the dwelling house of William Haslar, a miner, at Teralba. Some of the goods were the property of Haslar, and others were the property of Corney (another miner), who resided with Haslar. The miners left their dwelling house at 7 am on 1st August, and when they returned at 4 pm they found that the place had been broken into, and the goods missing. On that night Dillon pawned the watch and chain produced with David Israel, licensee pawnbroker, of Burwood-street, Newcastle, and Barry left a swag (produced) at the Westminster Hotel, Hunter-street, Newcastle, the same evening. The swag contained a number of the missing articles, and the licensee of the hotel William Bernard McColl deposed to seeing Barry at the hotel with the swag. Constable Ramsay deposed to arresting the two accused on 5th August. Barry said (at the time of arrest), “You can’t find us guilty of stealing. You might find us guilty of receiving.” Haslar said Barry had stopped at his place a short time, and had left on the 27th July. He had not seen Dillon before. Corney and Haslar identified the property as theirs, and David Israel deposed that Dillon was the man who had pawned the watch. Accused [James] Dillon gave evidence on his own behalf. He said he was not at Teralba on 1st August, and that he had never seen Barry before. He said further that he had never seen the pawnbroker until he was placed before him in the lockup. Constable Charles Stevens, a constable stationed at Adamstown on 1st August, camped in the bush, with two or three others. He also saw him there on the 31st July. George Frederick Talbot, a butcher, at Adamstown, deposed to seeing Dillon at his shop between 10 am and 12 noon on 1st August. He did not see Barry. Accused [James] Barry deposed that his name was John Lyndon, and that he was at Minmi until the evening of 1st August. He denied that he was possession of the swag. Both accused addressed the jury, pointing out that though charged together, they had never been seen together. His Honor summed up, and the jury retired at 11.40, and at 12.30 they returned into court with a verdict of guilty.—Dillon of receiving, and Barry of breaking and entering, and stealing. The prisoners were remanded for sentence. They were brought before the court in the afternoon. When asked if they had anything to say, Dillon pleaded for leniency. His Honor said he could have taken a lenient view of the case if Dillon had not committed perjury. By doing so, he had made his case much blacker than it would otherwise have been. His Honor added that he had warned prisoner, as he always warned undefended persons (if defended he took it that a man’s legal adviser would do so); yet, until with that warning hot in his ears, Dillon had committed perjury. Mr Manning read a list of previous convictions against Dillon, most of them being for petty offences. At Whitecliffs, on 15th December, 1901, he was fined £6 or one month’s imprisonment, for larceny. Barry said he had never previously been before a court for theft. His Honor said Barry had also committed perjury, and he had to take that into consideration in passing sentence. Amongst the previous convictions against Barry was one of six months at the Central Police Court on 30th December, 1903, for being a suspected person; and a fine of £3, or one month’s imprisonment, at Newcastle Police Court, on 2nd August, 1904, for stealing. His Honor said he took into consideration that Dillon had committed perjury, and, therefore, he would pass a heavier sentence than he would otherwise have done. The sentence of the court was that he be imprisoned in Maitland Gaol for 18 months, with hard labour. In sentencing Barry, his Honor said prisoner had not only committed perjury, but had broken and entered and stolen from the house of two men who had treated him generously. Prisoner was sentenced to 2½ years’ imprisonment in Maitland Gaol, with hard labour.

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James Dillon, Gaol photo sheet ²

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Gaol Photo Sheet - Transcribed Details

No. 1370
Maitland

Date when Portrait was taken: 5 October 1904

Name: James Dillon
(aka James McDonald, Richard Dunstan, James William Dillon)

Native place: Kilmore Vic Year of birth: 3rd Nov 1862 Arrived       Ship: – in Colony }   Year: – Trade or occupation previous to conviction  } Laborer Religion: RC Education, degree of: R& W Height: 5' 8⅞" Weight     On committal: 163 in lbs     } On discharge: Colour of hair: Black Colour of eyes: Light gray

Marks or special features: Face:–Scar left chin and cheek several scars on left side of neck. Rest of body:–Scar inside right leg below . 2nd toe right foot broken

(No. of previous Portrait ... )  CONVICTIONS
Where and When				Offence.	Sentence
Broken Hill PC ditto White Cliffs PC Broken Hill PC ditto White Cliffs PC Milparinka PC Broken Hill PC ditto ditto Wilcannia PC ditto Broken Hill PC Dungog PC ditto   Newcastle Q.S Central PC Central PC	12 8 28 10 1 15 27 29 12 12 26 26 14 7 7 22 26 28	6 7 5 6 10 11 4 10 6 6 8 8 4 4 4   8 12 1	1899 1899 1900 1900 1900 1900 1901 1901 1902 1902 1902 1902 1903 1904 1904   1904 1907 1908	Drunk ditto Drunk and disorderly Drunk ditto Larceny Indecent language Vagrancy Indecent language  Vagrancy Begging alms  Indecent language Vagrancy Indecent language Assault Constable Receiving Drunk Riotous behaviour	2/6 or 24 hours CF. Paid 5/- or 24 hours CF. Paid 10/- or 48 hours CF. Paid 10/- or 3 days CF. Paid 10/- or 3 days CF. Paid £6 or 2 months HL. Served £3 or 2 months HL. Served 3 months HL 40/- or 1 month HL 2 months HL            |  Acc. Paid as fine 17-6-1902 6 months HL £5 or 2 months HL  | Acc. Paid fine 6-3-1903 6 month HL £5 or 2 months HL £5 or 2 months HL  |  Concurrent. Served 18 months HL 15/- or 4 days HL. Served 10/- or 3 days HL. Served

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James Barry, Gaol photo sheet ³

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Gaol Photo Sheet - Transcribed Details

No. 1372
Maitland

Date when Portrait was taken: 5 Oct 1906

Name: James Barry
(aka John Lyndon, Richard Lyndon, John Larkins)

Native place: BS Newtown Sydney Year of birth: 22nd July 1876 Arrived       Ship: – in Colony }   Year: – Trade or occupation previous to conviction  } Labourer Religion: C of E Education, degree of: R & W Height: 5' 10⅛" Weight     On committal: 162 in lbs     } On discharge: Colour of hair: Fair Colour of eyes: Light Gray

Marks or special features: Left:–3 faint vacc[ination] marks on upper arm. Scar inside hand between little and ring fingers. Face:–5 teeth missing from top. Back:–Mole on right shoulder blade, mole on left side (?) arm. Rest of body:–Scar on right kneecap

(No. of previous Portrait ... )  CONVICTIONS
Where and When				Offence.	Sentence
Dubbo PC ditto Coonamble PC ditto Central PC Newcastle PC Newcastle Q.S	28 28 21 22 30 2 22	1 1 10 12 12 8 8	1902 1902 1902 1902 1903 1904 1904	Indecent language Assault Indecent language Vagrancy Suspected person Stealing Break enter & steal	60/- or 1 month HL 20/- or 14 days HL |  Acc. Paid part fine of £1-1-11, 27-2-1902 £5 or 2 months HL paid fine 7-12-1902 6 months HL 6 months HL £3 or 1 month HL 2½ years HL   | Concurrent
Convicted with James Dillon. Discharged from Maitland Gaol 20/12/1906 by remission. Conduct:—Bad.

 

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Richard Larkins, 1908

The Cooma Express, Fri 13 Nov 1908 ⁴

COOMA QUARTER SESSIONS.
——–—
Wednesday, November 11, 1908.
——–—

    Before His Honor, Judge Fitzhardinge.

    Mr J Armstrong was Crown Prosecutor, and was assisted by Mr Withy, of the Crown Law Department.

    Legal gentlemen present: Mr D Mitchell, Barrister; and Messrs FF Mitchell, A Rose, HH Solomon, ES Mawson, Solicitors.
…

Thursday November 12.

…

——–—
Friday, November 12th. [sic-13]
——–—

…
    Richard Larkin [aka Richard Larkins] charged with that he did on November 6th, 1908, at Cooma, assault one Wm Curtain with intent to commit the abominable crime of “buggery” to which he pleaded guilty and was remanded, was then brought up for sentence.

    Accused made a short statement in which he pleaded for leniency stating that he had tried to lead an honest life.

    Constable [George Peter] Walz lock-up keeper, was then put in the box, and read out the following list of previous records standing against the accused:—

    In January 28, 1902, fined 60/ or one months hard labor at Dubbo, for indecent language.

    On the same date, and at same place fined 20/ or 14 days for assault.

    In October, 1902, for indecent language, fined 50/ or 2 months.

    On December 22,1902, for Vagrancy, sentenced to 6 months’ hard labor.

    At Central Police Court, Sydney, in December 1903, for being a suspected person, sentenced to 6 months’ hard labor.

    At Newcastle Quarter Sessions in August 1904, for breaking and entering and stealing, sentenced to 2½ year with hard labor.

    At Newcastle Police Court, 1906 for stealing, fined £3 or 1 month.

    At Narrandera police Court in 1908, for indecent behaviour, fined 10/ or 7 days.

    At same time and place above for assaulting the police, fined 10/ or 7 days.

    His Honor then sentenced accused to 12 months’ hard labor in Grafton Gaol.

    His Honor then passed a high encomium upon Sergeant Towey and Sub-Inspector Clarke for the way in which they had carried out their duty in these cases. He had known Sergeant Towey for many years now in the southern district, and he was glad to say this was not the first time he had had to commend him for the way he carried out his duty.

– – – –

    The Court then adjourned sine die.

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The Manaro Mercury and Cooma and Bombala Advertiser, Fri 13 Nov 1908 ⁵

COOMA QUARTER SESSIONS.
——–—
Wednesday, November 11 1908.
——–—
Before His Honor, Judge Fitzhardinge.

    Mr J Armstrong, KC, acted as Crown Prosecutor.
…

——–—
Thursday, 12th November.
——–—

…

——–—
Friday, November 13.
——–—

…

——–—
CHARGE OF UNNATURAL OFFENCE.
——–—

    Richard Larkin, a labourer, aged 32, was charged with having committed an unnatural offence at Cooma on 6th November. Accused pleaded guilty of attempt to commit the offence, and was remanded for sentence.
…

SENTENCES IMPOSED.

…

——–—

    Richard Larkins, who had pleaded guilty to a charge of attempting to commit an unnatural offence, had a gaol record since June, 1902, for indecent language and assault; indecent language, vagrancy, suspected character; breaking, entering and stealing (2½ years); stealing, indecent language, and assaulting the police; the last at Narrandera in August, 1908.

    Accused was sentenced to twelve months’ hard labour in Grafton Gaol on the present charge.

    The Court was then adjourned sine die.

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Queanbeyan Age, Tue 17 Nov 1908 ⁶

COMMERCIAL.
————
WOOL REPORTS.

…
    At the Cooma Quarter Sessions last week, Isaac Albert Venables pleaded guilty to stealing at Riversdale on 6th September four sheep the property of WP Cosgrove, and was sentenced to 12 months’ hard labour in Goulburn gaol. Richard Larkins pleaded guilty to a charge of attempting to commit an unnatural offence, and was sentenced to 12 months’ hard labour in Grafton gaol.

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The Braidwood Dispatch and Mining Journal, Wed 18 Nov 1908 ⁷

COOMA SESSIONS.
———:◦:———

    At the Quarter Sessions, on Friday Judge Fitzhardinge presiding, with Mr J Armstrong, KC, as Crown Prosecutor,
…
    Richard Larkins, 32, laborer, at shearing sheds, pleaded guilty to an attempt to commit an unnatural offence, and was sentenced to 12 months in Grafton Gaol.

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Richard Larkins, Gaol photo sheet ⁸

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Gaol Photo Sheet - Transcribed Details

No. 10841
08-4806

Date when Portrait was taken: 18-11-1908

Name: Richard Larkins
(aka Richard Linden; Joseph Barry)

Native place: Sydney Year of birth: 20-9-1876 Arrived       Ship: BS in Colony }   Year: Trade or occupation previous to conviction  } Laborer Religion: C of E Education, degree of: R & W Height: 5' 9¼" Weight     On committal: 175 in lbs     } On discharge: Colour of hair: Light brown Colour of eyes: Blue

Marks or special features: Missing five teeth top and four teeth lower jaw. Three vaccine marks outside left upper arm. Scar in palm of left hand below little finger scar in centre of palm of right hand. Scar on left cheek bone mole under left arm pit. Mole on right shoulder blade scars on both kneecaps and shins

(No. of previous Portrait .. 1372 Maitland, [1401 Parramatta]) CONVICTIONS
Where and When				Offence.	Sentence
Dubbo PC ditto Coonamble PC ditto Central PC Newcastle PC  Newcastle Q.S * Narrandera PC Cooma Q.S	28 28 21 22 30 - 2 4 12	8 8 10 12 12 7 8 8 11	1902 1902 1902 1902 1903 1904 1904 1908 1908	Indecent language Assault Indecent language Vagrancy Suspected person Stealing Break enter & steal Indecent language Assault police Attempt to commit sodomy	£3 or 1 month £1 or 14 days HL | accumulative £2 or 2 months HL  6 months HL 6 months HL £3 or 1 month HL 2½ years HL  10/ or 7 days 7 days HL       | concurrent 12 months HL
* Trial date as stated on the photographic gaol description sheet is incorrect. It should read 22 Aug 1908.

 

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¹     Newcastle Morning Herald and Miners’ Advocate, Tue 23 Aug 1904, p. 3. Emphasis added.

²     SRNSW: NRS2327, [3/5988], Maitland Gaol photographic description book, 1875-1930, No. 1370, p. 217, R5130.

³     SRNSW: NRS2327, [3/5988], Maitland Gaol photographic description book, 1875-1930, No. 1372, p. 219, R5130.

⁴     The Cooma Express, Fri 13 Nov 1908, p. 2.

⁵     The Manaro Mercury and Cooma and Bombala Advertiser, Fri 13 Nov 1908, p. 2.

⁶     Queanbeyan Age, Tue 17 Nov 1908, p. 5.

⁷     The Braidwood Dispatch and Mining Journal, Wed 18 Nov 1908, p. 2.

⁸     SRNSW: NRS2138, [3/6073], Darlinghurst Gaol photographic description book, 1907-1909, No. 10841, p. 171, R5112.

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