Below also see: Robert James Collier, 1910
The Sydney Morning Herald, Wed 11 May 1904 1
QUARTER SESSIONS.
(Before Judge Murray and juries.)
Mr Herbert Harris Crown Prosecutor.
…
A SERIOUS CHARGE.
Robert Barton [aka Robert Martin or Robert James Collier] pleaded guilty to a serious charge of assault. Mr W Carter Smith appeared for the accused, and stated that Barton was not the accused’s name [aka Robert James Collier]. Somebody was willing to pay accused’s steerage passage to England, where he would be cared for, and he asked that the man might be bound over in his own recognisances to appear for sentence if called upon.
His Honor said that he did not believe in dumping criminals manufactured in this country upon other lands. Personally he thought the law was all wrong in its treatment of the class of crimes to which the prisoner had pleaded guilty. It should be preventive as well as punitive. He did not see his way clear to comply with the request.
Mr Carter Smith asked then that the matter might stand over till next day in order to give the accused the opportunity of withdrawing the plea of guilty. He pointed out that sometimes innocent men, for various good reasons, pleaded guilty, under false names particularly, in order to keep the shame of a charge from their relatives.
His Honor allowed the matter to stand over.
~ ~ ~ ~ ~
The Sydney Morning Herald, Thu 12 May 1904 2
QUARTER SESSIONS.
(Before Judge Murray and juries.)
Mr Herbert Harris Crown Prosecutor.
…
SERIOUS ASSAULT.
Robert Barton, aged 31, pleaded not guilty to a charge of having on Mar 18 last, at Manly, committed a serious assault upon a boy [William Parr ]. Mr W Carter Smith appeared for the defence. During the progress of the case Constable WC Coleman said that in conversation with the accused he had said to him, “Whatever you do say will be given in evidence for or against you at your trial.” Mr Smith submitted that the evidence following this statement was inadmissible on account of the constable using the words “will be” instead of “may be” and using the words “for or against” instead of “against” only.
His Honor said that going back to the principle of the thing, it appeared that the constable had in his mind that if the accused said anything that was in his favour it would be given for him or vice versa.
Mr Harris asked his Honor to rule the evidence admissible, and cited cases.
His Honor ruled the evidence admissible, but said that he had some doubt about it, and would be glad to reserve the point for the consideration of the Full Court if desired.
The jury convicted the accused, and he was remanded for sentence.
~ ~ ~ ~ ~
The Sydney Morning Herald, Fri 13 May 1904 3
QUARTER SESSIONS.
(Before Judge Murray and juries.)
SENTENCES.
…
Robert Barton, who was convicted on the previous day of a serious assault, was sentenced to two years’ hard labour. On the application of Mr Carter Smith, the following points were reserved for the consideration of the full Court:—That his Honor was wrong in that he admitted evidence of what was said by the prisoner to Constable Coleman (who was then a person in authority) after the said constable had said to the prisoner, “I want to ask you a few questions. You need not answer unless you choose, but whatever you do say will be given in evidence for or against you at your trial.”
~ ~ ~ ~ ~
Robert Martin, Gaol photo sheet 4
![SRNSW: NRS2138, [3/6069], Darlinghurst Gaol photographic description book, 1903-1904, No. 9351, p. 179, R5110.](../../images/trials/1904-Martin-6069-gaol-photo-9351.jpg "SRNSW: NRS2138, [3/6069], Darlinghurst Gaol photographic description book, 1903-1904, No. 9351, p. 179, R5110.") |
Gaol Photo Sheet - Transcribed Details
No. 9351
Date when Portrait was taken: 2-5-1904
Name: Robert or George Barton or Robert Martin
|
Native place: S. America Year of birth: 1870 Arrived Ship: Quetta Trade or occupation Religion: C of E Education, degree of: R & W Height: 5' 10½" Weight On committal: 156 Colour of hair: Brown Colour of eyes: Blue |
Marks or special features: 1 vaccination mark outside left upper arm Scars on inside top left middle finger, back right ring finger, inside ditto, inside right little finger, inside right wrist, on right cheek, on lobe of left ear, on right breast, below & to right of nipple, on right shoulder blade. 1st toe of each foot very long. 2nd toe left foot doubled up. |
|
(No. of previous Portrait ... ) CONVICTIONS |
|||||
| Where and When | Offence. | Sentence | |||
|
Sydney Q.S |
11 |
5 |
1904 |
Indecent assault on a male person |
2 years H.L. |
Robert James Collier, 1910
Northern Star, Thu 18 Aug 1910 5
LISMORE QUARTER SESSIONS.
Wednesday, August 17.
Before His Honor Judge Docker.
The PM, Mr MH Fitzhardinge, was Deputy Sheriff, was also on the Bench. Mr RJ Browning, instructed Mr WR Beaver, Clerk of the Peace, prosecuted, on behalf of the Crown.
…
ALLEGED CARNALLY KNOWING.
Robert Jas. Collier [aka Robert Martin or Robert Barton] was charged with attempting to carnally know Leslie Chandler at Woodburn, on 13th June.
Accused was undefended, and pleaded not guilty.
Jury:– Messrs SR Cooke, Don McPherson, Jas. Whipps, Francis R Lee, David Ritchie, Walter Vidler, Joseph Quilty, James Loudon, Dennis M O’Sullivan, Wm. Cochran, Walter Thos. Gray, and George Burney.
All females and youths under the age of 21 years were ordered out of the court during the hearing of this case.
Leslie Chandler, a lad, stated that he did not know his exact age, but had left school three years, and during the last twelve months had been working as Swan Bay. Witness then described his meetings with the accused.
Constable Nicholls, of Woodburn, said that on the night of the 13th June he saw the accused and the last witness go into a picture show at the Woodburn School of Arts. After the show they went down the street, and went to a clearing near the R[oman] C[atholic] Church, on which was a shed. Witness had followed them, but he then lost sight of them. After waiting near for about five minutes he heard voices in the shed. Immediately after he saw the accused walking from the direction of the shed. Witness then described the conversation which took place between him and the accused and the lad, at which a man named Fox was present.
Percy Fox deposed to following the accused and the lad at the request of the last witness, and also gave evidence regarding the conversation between them.
The case was kept waiting for sometime for the appearance of Dr Silvio Monte, who was to have come by river boat from Woodburn, but as he had not arrived by half past eleven, his evidence taken at the police court was read over.
Robert James Collier, laborer, of Swan Bay, then went into the box to give evidence. He denied the offence, or attempting to commit any.
In reply to Mr Browning, accused said that he was sentenced at the Sydney Quarter Sessions on May 11, 1904, for a similar offence, while there was also another charge against him for indecent assault.
Accused stated he had no witnesses, and then addressed the jury briefly.
After his Honor had summed up, the jury retired, and on their return Ald. J Quilty (the foreman) announced that they found the accused was guilty of the charge.
Collier was then further charged with indecently assaulting Jas. Connors at Woodburn on June 10, and further on June 13, with a similar offence.
Accused pleaded guilty to both charges.
~ ~ ~ ~ ~
Northern Star, Sat 20 Aug 1910 6
LISMORE QUARTER SESSIONS.
Friday.
Before his Honor Judge Docker.
Mr RJ Browning Crown Prosecutor.
…
THE SENTENCES.
…
THE WOODBURN CASE.
Robert James Collier, who was found guilty of an abominable crime and of indecently assaulting a young male person, had nothing to say.
The records from the gaol showed that the prisoner had previously received a sentence of two years’ hard labour for a similar offence.
His Honor said that the prisoner had been found guilty of a horrible offence. It was quite obvious that the previous sentence had not been sufficient to deter him from that kind of thing. Accused appeared to him to be a danger to society, for his object seemed to be to corrupt young boys. He would have to be excluded from society for a considerable time. In fact, he would have to serve the sentence the law provided for this offence, which was five years’ penal servitude. The sentence would be the same for each charge, but they would be concurrent.
~ ~ ~ ~ ~
Robert James Collier, Gaol photo sheet 7
![SRNSW: NRS2258, [3/5994], Grafton Gaol photographic description book, Jun 1910-Nov 1922, No. 228, p. 37, R5125. Emphasis added.](../../images/trials/1904-Martin-5994-gaol-photo-228-Robert-James-Collier.jpg "SRNSW: NRS2258, [3/5994], Grafton Gaol photographic description book, Jun 1910-Nov 1922, No. 228, p. 37, R5125. Emphasis added.") |
Gaol Photo Sheet - Transcribed Details
No. 228
Date when Portrait was taken: 29-5-1913
Name: Robert James Collier
(aka Robert Barton, Robert Martin)
|
Native place: England Year of birth: 1870 Arrived Ship: St Quetta Trade or occupation Religion: C. E. Education, degree of: R & W Height: 5' 10⅓" Weight On committal: 177 Colour of hair: Brown Colour of eyes: Blue |
Marks or special features: One vaccine mark outside left upper arm. Scar inside left middle finger. Scar back right ring finger. Scar inside right finger. Scar inside right little finger. Scar right wrist. Several scars right cheek. Scar on lobe of left ear. Scar right breast, near nipple. Scar right shoulder blade |
|
(No. of previous Portrait .. 9351 Darlinghurst) CONVICTIONS |
|||||
| Where and When | Offence. | Sentence | |||
|
Sydney Q.S Lismore Q.S |
11 17 |
5 8 |
1904 1910 |
Indecent assault on a male person 1) Attempt to commit buggery |
2 years HL. 5 years P.S. on each charge |
1 The Sydney Morning Herald, Wed 11 May 1904, p. 6.
2 The Sydney Morning Herald, Thu 12 May 1904, p. 4. Emphasis added.
3 The Sydney Morning Herald, Fri 13 May 1904, p. 7.
4 SRNSW: NRS2138, [3/6069], Darlinghurst Gaol photographic description book, 1903-1904, No. 9351, p. 179, R5110.
5 Northern Star (Lismore, NSW), Thu 18 Aug 1910, p. 2. Emphasis added.
6 Northern Star (Lismore, NSW), Sat 20 Aug 1910, p. 4.
7 SRNSW: NRS2258, [3/5994], Grafton Gaol photographic description book, Jun 1910-Nov 1922, No. 228, p. 37, R5125. Emphasis added.