The Wellington Gazette and Western Districts Advertiser, Mon 13 Feb 1905 1

POLICE COURT.
————
Friday, Before the PM [Thomas Charles Kerr McKell]
————

…

ANOTHER COMMITTAL
————
A FILTHY CASE.

    Patrick Casey, aged 35 years, was arraigned on a charge of committing an indecent assault on Charles Beasley, a male child aged 2 years, at Wellington on the 6th instant.

    Mr WP Kelly appeared for the accused.

    Constable Hammond deposed: I received a complaint on the 6th instant and went to Percy Street where I saw the accused; he was walking in the direction of Gisborne Street; when I got within several yards of him he turned to the left and sat down on a doorstep: I said “I want to speak to you,” I said “what were you doing amongst children is Gisborne St.”; he said “I was speaking to men and women”; I said “do you remember doing anything to a child”; he said “no”; I then said I was going to arrest you on a charge of indecently assaulting a child, and took him to the lockup; I charged him next morning as he now stands charged; In reply to the charge he said “what do mean, do you mean that I have done anything to the child”; I said “yes”; he said “what do you mean by indecent assault”? (The constable explained.) In reply to a question whether he remembered being amongst children, the accused said he supposed he was giving them pennies.

    Harry Hubert Day, salesman, residing at Dubbo, deposed: Know the accused by sight; saw him in Gisborne St. Wellington on the 6th instant at about 6.30 pm; saw him pick up a very small child and kiss it; went inside for a moment or two and when I came out again I saw accused lying on his back holding the child on top of him. (Witness here gave details of what he saw which are altogether unprintable); Continuing, witness said: My sister, Mrs Bennetts, and I then went over to him; my sister went to tell the mother of the child and I spoke to accused; I said to him “you are a dirty brute and I’ll give you in charge”; the child’s mother then came out and snatched the child away and struck accused, knocking his hat off; he then rolled over and got up and rearranged his clothing; I then went to the lockup and informed the police.

    Witness was cross-examined at some length by counsel for defence.

    Jno. Frederick Bennetts, salesman, residing at Wellington also gave evidence to some extent in corroboration of that given by previous witness and was also cross-examined at length by Mr Kelly as to the details deposed to by witness Day.

    Augusta Maria Beasley, mother of the child, deposed to being informed of the occurrence and rushing out to take the child way; she was too excited to take notice of any of the details sworn to by the previous witnesses.

    Lilian Mary Bennetts, wife of John Frederick Bennetts, corroborated substantially the evidence of her husband and brother.

    All the witnesses agreed that accused was under the influence of liquor at the time of the assault.

    Accused was then committed to stand his trial at the Circuit Court to be held at Dubbo on April 5th next. Bail was allowed, self in £100 and two sureties of £50 each.

~ ~ ~ ~ ~

Depositions for Patrick Casey 5 Apr 1905 Dubbo trial 2

 


(a) Town.


Letter from Bench of Magistrates at (a) Wellington

 

transmitting Depositions

(b) Name in full of accused.

in the case Rex v.. (b) Patrick Casey

(c) Offence.

(c) Indecent assault on a male person

 

(d) Town.

Police Office, (d) Wellington

 

11th February 1905  

 

Sir,

 

I have the honor, by direction of the Bench of Magistrates,

 

to transmit herewith the Depositions, and other documents in the

(e) Name of accused

case of (e) Patrick Casey

(f) “His” or “her”

who has been committed to take (f) his

(g) “Circuit Court,” or 
“Quarter Sessions.”

trial at the (g) Circuit Court

to be held at (h) Dubbo

on Wednesday

(h) Town where Court 
to be held.

the fifth day of April 1905

The accused is (i) confined in the gaol at Dubbo, and has been allowed bail (if procurable), self in the sum of £100, and two sureties in £50 each.

(i) “Is confined in the 
Gaol at …,” or “has been admitted to bail” (with full particulars as to sureties, addresses, occupations, and amounts, as set out in Recognizance.)

(k) As in Recognizance, both for Crown and defence, specifying also what witnesses gave evidence but were not bound over, with reason for omission.

The Witnesses bound over are (k) Frederick Richard Hammond of Wellington, police constable; Harry Hubert Day of Dubbo, salesman; John Frederick Bennetts of Wellington, salesman (also bound over for his wife, Lillian Mary Bennetts of Wellington) and Augusta Maria Beasley of Wellington, widow.

 

(l) Short description to enable identification.

The Exhibits enclosed are (l)

 

I have the honor to be,
Sir,
Your obedient Servant,

 

 

[Signed] A[lfred] G[eorge] Chiplin

 

Clerk of Petty Sessions

The Under Secretary,

Department of the Attorney General and of Justice.

N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates

4g 201-90

 
~ ~ ~ ~ ~

NEW SOUTH WALES POLICE.

Western District,

Wellington Station.
13th February 1905.

Report relative to antecedents of:–
Name: Patrick Casey
Offence: Indecent assault
Committed for Trial at: Dubbo Circuit Court
Date: 5th April 1905

    Senior Sergeant Steele reports:– This offender has been working in the Wellington and Dubbo districts for the past 9 months, as a shearer and farm labourer. He was born at Boree Creek near Taralga, both parents are dead, but he has 2 step brothers named William and John Moloney, residing at Boree Creek near Taralga in the Goulburn district.

    He was convicted at the Wellington Police Court on the 3rd December 1903 for drunkenness, fined 1/- or rising of Court, at Dubbo on the 20th June 1904 for indecent language, 40/- or 21 days imprisonment with light labour, also at Wellington on the 28th December 1904 for drunkenness fined 1/- or rising of Court.
[Signed] Geo Steele, Senior Sergeant.

~ ~ ~ ~ ~

Police Station Wellington
17 February 1905

    Senior Sergeant Steele reports having informed Lillian Mary Bennetts as directed in attached memo.
[Signed] Geo Steele, Senior Sergeant.

~ ~ ~ ~ ~

Office of the Clerk of the Peace,
Sydney, 16th February 1905

Memo.

    3 Be good enough to inform Lillian Mary Bennetts of Wellington, married woman, that she will not be required to attend at the next Circuit Court to be held at Dubbo on the 5th April next, as a witness in the case named in the margin.
[Signed] WR Beaver, Clerk of the Peace.

~ ~ ~ ~ ~

Depositions of Witnesses.

New South Wales, Wellington
TO WIT.                                      }

The examination of Frederick Richard Hammond of Wellington in the State of New South Wales, Police Constable; Harry Hubert Day, of Dubbo, salesman; John Frederick Bennetts of Wellington, salesman; Augusta Maria Beasley of Wellington, widow, and Lillian Mary Bennetts of Wellington, married woman, taken on oath this 10th day of February in the year of Our Lord one thousand nine hundred and five at the Wellington Police Office, in the said State, before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of Patrick Casey who was charged this day before me for that he the said Patrick Casey on the 6th day of February in the year of Our Lord one thousand nine hundred and five at Wellington in the said State, indecently did assault one Charles Beasley, a male child aged 2 years.

1

Frederick Richard Hammond on his oath saith:– I am a Police Constable and acting Gaoler stationed at Wellington.

    About 7 o’clock PM, on the 6th February 1905, I arrested the accused in Percy Street, on a charge of indecently assaulting Charles Beasley, a male child, and conveyed him to the lock up.

    I now pray for a remand for 8 days for the production of evidence.

    No questions by accused.

[Signed] FR Hammond, Constable.

Taken and sworn at Wellington, this 7th day of February 1905 before.
[Signed] JW Holmes, JP.

    Remanded for 8 days.

2

(Mr WP Kelly, Solicitor for accused.)

    Frederick Richard Hammond on his oath saith:– I am a Police Constable stationed at Wellington.

    On the 6th instant I received a complaint and went into Percy Street and saw accused there. He was walking fastly away from the direction of Gisborne Street. When I got within several yards of him he slewed to the left and sat down on a doorstep. When I got up to him I said “I want to speak to you.” He stood up and came to me. I said “What were you doing amongst children in Gisborne Street?” He said “I was speaking to men and women.” I said “Do you remember doing anything to a child?” He said “No.” I said “Come along to the lock up. I am going to confine you on a charge of indecently assaulting a child.” The next morning, I charged accused with indecently assaulting Charles Beasley, a male child, 2 years old, on the 6th February, 1905, at Wellington. I cautioned him that anything he said may be used in evidence against him. He said “What do you mean? Do you mean that I have done anything to the child?” I said “Yes.” He said “What do you mean by indecent assault?” I said “If you put your hand under the child’s clothes and put your person on the child, that would be indecent

3

assault in this case.” I said “Do you remember being amongst children yesterday evening?” He said “I saw children about and suppose I was giving them pennies.”

    No questions.

[Signed] FR Hammond, Constable.

Taken and sworn at Wellington, this 10th day of February 1905 before.
[Signed] Thomas CK McKell, PM.

4

Harry Hubert Day on his oath saith:– I am a salesman and reside at Dubbo.

    I know accused by sight. I was in Wellington on the 6th instant. I saw accused in Gisborne Street about half past 6 in the evening. I walked out on the verandah and saw accused walking down the street. I noticed him pick up a child and kiss it. It was a small child about 2 or 3 years old. I then went inside and returned. I saw accused lying on the ground with the same child, on the street, a few yards off the footpath. He had the child lying on top of him. Accused was lying on his back. The child’s clothes were all up around under its arms. Accused had his hands over the child’s body. When I noticed that, my sister and I went over to him. My sister went to the mother of the child and spoke to him accused. I said to him “You are a dirty brute and I will give you in charge.” Accused put the child off his body and his trousers were open and his person exposed. His penis was erect. Accused made no reply and did nothing. The mother of the child snatched the child from accused and knocked

5

his hat off. Accused rolled over and got up and put his person and buttoned his trousers up, and went away. I then left and informed the Police.

    Cross-examined by Mr Kelly: It was quite light at the time. I first saw accused on the footpath on the north side. The child was in front of its mother’s house on the same side of the street when he picked it up. I was on the opposite side. There are houses close together on both sides of the street. Accused was lying a few yards off the footpath with the child in front of the house. There were other people out in front of the cottages on the same side of the street. They did not go near accused. They were a lot closer to him than I was. I walked over when I saw the child with accused. The child was lying between accused’s legs with his heard [sic] towards that of accused. The child’s stomach was on the man’s stomach, and his privates would be about over those of accused. There were other persons about 10 yards from where accused was. The mother of the child came out, snatched the child and went straight

6

back again. Accused’s person was exposed when the mother of the child was there. It was about 3 minutes from the time I went in to get my coat until I came out again. When I went in he was kissing the child. As far as I could see accused’s clothing was not then disarranged. There were people on both side of the street when he picked up the child. Accused was partly drunk but could walk all right.

[Signed] HH Day.

Taken and sworn at Wellington, this 10th day of February 1905 before.
[Signed] Thomas CK McKell, PM.

7

John Frederick Bennetts on his oath saith:– I am a salesman and reside in Wellington.

    I know accused by sight. I was standing in front of my house in Gisborne Street between 6 and 7 o’clock on the evening of the 6th instant. I saw accused sitting in the street with a child. Mr Day came and stood with me. We watched accused for some time and he lay down on his back and drew the child down on top of him. Accused lifted the child’s clothes up. I saw the child’s bottom exposed. Accused had his hands on the child’s bare bottom. The child was between accused’s legs on his privates. Day went over to accused. I could not see from where I was whether accused’s person was exposed. When accused got up I saw him button his trousers up. Mrs Beasley snatched the child away and knocked accused’s hat off.

    Cross-examined by Mr Kelly: The last witness is my brother-in-law. He was staying at my place. Accused was sitting down on the footpath, on the footpath opposite, nursing the child. He remained sitting there for 3

8

or 4 minutes and we remained watching him. He was sitting opposite Jersey Terrace. There we are houses all along the footpath where accused was sitting. I saw one person outside at the far end of the terrace. When I first saw the man he was sitting down nursing the child. From the time I saw the man until the time the child was snatched away from him, he was not standing up. I was the first out on the verandah. While I was there Day went in and got his coat. I don’t remember seeing accused kiss the child. The man was sitting about 25 yards from my place. There were houses much closer to him than my place. Accused was under the influence of drink.

    To Police: I did not see accused come to the spot where he was nursing the child. He could have come there without my seeing him.

[Signed] John F Bennetts.

Taken and sworn at Wellington, this 10th day of February 1905 before.
[Signed] Thomas CK McKell, PM.

9

Augusta Maria Beasley on her oath saith:– I am a widow and reside at Wellington.

    The child Charles Beasley is my son. He was two years old last January. On the evening of the sixth instant I was told something and went into the street. I saw accused there. My child was there. Accused was lying on the footpath on his right side with the child under his left arm. The child was lying on accused’s side. I ran out and dragged the child away and hit accused on the head and went inside. I did not look to see whether accused’s trousers were disarranged. I did not see accused afterwards. I did not notice Day until afterwards.

    Cross-examined by Mr Kelly: I did not see Day there when I went out for the child. He came and spoke to Mrs Bennetts and I, afterward. I don’t know where [sic] he came there. Accused was almost in front of the house next door. There is a terrace along the footpath. I was so excited that I cannot say whether Day was there or not when I took the child away. I did not notice any other people.

[Signed] Augusta Beasley.

Taken and sworn at Wellington, this 10th day of February 1905 before.
[Signed] Thomas CK McKell, PM.

10

Lillian Mary Bennetts on her oath saith:– I am the wife of John Frederick Bennetts and reside at Wellington.

    I saw accused on the evening of the 6th instant. He was lying in the gutter on the opposite side of the street. I was standing on the verandah with my husband, and my brother came out with his coat on. There was a baby boy little child named Beasley with accused. Accused had the child in his arms. The man was lying on his back and the child was lying cuddled up on him. The back part of the child was exposed. The little child in Court is the one. I saw the man’s hands on the child’s bare bottom. I passed accused but I did not see whether he was exposed. When the child was taken out of accused’s arms his person was exposed. I told Mrs Beasley something and she came out and took the child.

    Cross-examined by Mr Kelly: Mrs Beasley took the child from accused. I was standing 3 or 4 yards away. When Mrs Beasley took the child from accused my brother was standing close to him. He was close enough to see. After the child was taken from accused he remained a few moments on the ground. I was partly in front of accused when I was standing at Mrs Beasley’s gate. The Police asked me about the case and I told them I did not know

11

very much about it. My husband was sitting on the verandah for a few minutes before I came out. When I saw my brother come out on the verandah he had his coat on. I did not notice any person in front of Jersey Terrace at the time. Accused was lying almost in front of Heuston’s house. I did not notice any of the Heustons in front. After the child was taken from accused I noticed his clothing disarranged. The accused was lying on his back and the child was on top of him. My husband and I were only watching a few moments before we went over. The child only had its dress and petticoat on. He was not wearing knickers. Accused was facing me when I was coming across the road. I don’t think he could see me coming. I did not go up to accused with my brother. I was not closer than 4 yards to accused. The man was intoxicated. He was staggering. It is not correct that accused could walk all right if by brother says so.

[Signed] Lillian Mary Bennetts.

Taken and sworn at Wellington, this 10th day of February 1905 before.
[Signed] Thomas CK McKell, PM.

12

(F. 2 – “Justices Act, 1902.”)

Statement of the Accused.

State of New South Wales, Wellington
TO WIT.                                                }

Patrick Casey (hereinafter called the defendant) stands charged before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, this 10th day of February in the year of Our Lord one thousand nine hundred and five ofr that he, the said defendant, on the 6th day of February 1905, at Wellington in the said State, indecently did assault one Charles Beasley, a male child aged 2 years and the said charge being read to the said defendant, and the witnesses for the prosecution, Frederick Richard Hammond of Wellington, Police Constable; Harry Hubert Day, of Dubbo, salesman; John Frederick Bennetts of Wellington, salesman; Augusta Maria Beasley of Wellington, widow and Lillian Mary Bennetts of Wellington, married woman being severally examined in his presence, and he having stated that he does not desire the depositions of the said witnesses to be read to him the said defendant is now addressed by me the said Justice, as follows:– “Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing and may be given against you in evidence at your trial; and you are also informed, and are to clearly understand, that you have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to you to induce you to make any admission or confession of your guilt, but whatever you now say may be given in evidence against you upon your trial notwithstanding such promise or threat.” Whereupon the said defendant saith as follows:– “I have nothing to say. I am innocent.”

[Signed] Patrick Casey.

Taken before me and read over to the said defendant at Wellington in the said State, the day and year first above mentioned.
[Signed] Thomas CK McKell, PM.

13

G. 190.

New South Wales, Wellington
TO WIT.                                      }

REX.
versus
Patrick Casey

Offence,— Indecent assault on a male person

    The accused stands committed to take his trial at the next Court of Gaol Delivery to be holden at Dubbo, in the State of New South Wales, on the fifth day of April 1905. Bail allowed the accused in £100 and two sureties in £50 each, or one in £100

[Signed] Thomas CK McKell, PM

JP.

Dated at the Police
Office, Wellington
in the said State,
this tenth
day of February
AD 1905
4g 416 - 88

14

“Justices Act, 1902.”

Recognizance to give Evidence.

State of New South Wales, Wellington
TO WIT.                                                }

Be it remembered, that on the 10th day of February in the year of Our Lord one thousand nine hundred and five Frederick Richard Hammond a Constable of the Police Force, stationed at Wellington in the State of New South Wales, Harry Hubert Day of Dubbo in the said State, salesman; John Frederick Bennetts, of Wellington in the said State, salesman; Augusta Maria Beasley of Wellington in the said State, widow; and John Frederick Bennetts of Wellington in the said State, salesman, for his wife, Lillian Mary Bennetts of Wellington in the said State, personally came be the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged themselves to owe Our Sovereign Lord the King the sum of

FORTY POUNDS EACH,

of good and lawful money of Great Britain, to be made and levied of their goods and chattels, and lands and tenements, to the use of our said Lord the King, his Heirs and Successors, if they the said before mentioned persons shall fail in the condition indorsed.

Taken and acknowledged, the day and year first above mentioned, at Wellington in the said State, before me.
[Signed] Thomas CK McKell, PM.

The condition of the within written Recognizance is such, that whereas one Patrick Casey was this day charged before Thomas Charles Kerr McKell esquire, a Police Magistrate, and one of His Majesty’s Justices of the Peace for the said State, for that he on the 6th day of February 1905, at Wellington in the said State, indecently did assault one Charles Beasley, a male child aged 2 years.

If, therefore, they the before mentioned persons shall appear at the next Court of Gaol Delivery to be holden at Dubbo in and for the State of New South Wales, on Wednesday the 5th day of April 1905, at nine of the clock in the forenoon, and then and there give such evidence as they know, upon an information to be then and there preferred against the said Patrick Casey for the offence aforesaid, to the jurors who shall pass upon the trial of the said Patrick Casey.

Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] Thomas CK McKell, PM.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Circuit Court.
Dubbo
5th April 19095
AG’s No. 05/44
Depositions. No. 136
CS’s No. 4
Rex
v.
Patrick Casey
Indecent assault on a male
Committed at: Wellington
on: 10th February 1905

~ ~ ~ ~ ~

Court. Dubbo Circuit Court
Date. 5th April 1905
Cor. Owen Judge.
Plea. Not guilty
Verdict. Guilty
Judgment. 12 months imprisonment in Bathurst gaol
[Signature illegible] Crown Prosecutor.
Note.– In event of postponement, it should be stated whether accused admitted to bail.

~ ~ ~ ~ ~

Indecent assaulting on a male person
[Initialled] C[harles] G[regory[ W[ade]
14/2/05
Mrs Bennett need not attend
Notified 15.2.05

~ ~ ~ ~ ~

The Dubbo Liberal and Macquarie Advocate, Sat 1 April 1905 4

CIRCUIT COURT.
————

    The following prisoners are at present lying in the Dubbo gaol awaiting trial at the Circuit Court which opens at Dubbo on April 5th:–
    Bernard Henry Midwinter, alleged murder; committed from Bourke.
    Nina Fraser, alleged murder; committed from Brewarrina.
    Patrick Casey, alleged indecent assault; committed from Wellington.
    Andy Peckham, alleged breaking and entering; committed from Dandaloo.
    Alfred John Deering, alleged forging and uttering; committed from Dubbo.
    Patrick Edwin Horne, alleged murder; committed from Cobar.

~ ~ ~ ~ ~

The Dubbo Liberal and Macquarie Advocate, Wed 5 April 1905 5

CIRCUIT COURT.
————

    The Circuit Court will open today (Wednesday). In view of the pressure of work anticipated, two jury panels have been summoned. His Honor Mr Justice Owen  6 arrived in Dubbo on Tuesday morning.

    The following prisoners are at present lying in the Dubbo gaol awaiting trial:–
    Bernard Henry Midwinter, alleged murder; committed from Bourke.
    Nina Fraser, alleged murder; committed from Brewarrina.
    Patrick Casey, alleged indecent assault; committed from Wellington.
    Andy Peckham, alleged breaking and entering; committed from Dandaloo.
    Alfred John Deering, alleged forging and uttering; committed from Dubbo.
    Patrick Edwin Horne, alleged murder; committed from Cobar.

~ ~ ~ ~ ~

Dubbo Dispatch and Wellington Independent, Sat 8 April 1905 7

DUBBO CIRCUIT COURT.
————
Wednesday, April, 5th.
————
(Before His Honor Mr Justice Owen).
————

    The Circuit Court sittings opened at the Court House, Dubbo, on Wednesday last. His Honor Mr Justice Owen presided; Mr CE Manning being his Honor’s Associate. Mr GH Taylor, JP., as Deputy Sheriff, had a seat on the Bench.

    Mr Mason, Crown Prosecutor, handed in his commission and was assisted by Mr Houston of the Crown Prosecutor’s office.

    Mr D Fitch was excused from attendance as a juror.
…

ALLEGED INDECENT ASSAULT.

    Patrick Casey was arraigned for having at Wellington, on February 6th, indecently assaulted a child named Charles Beazley [sic]. Accused was undefended.

    The Crown Prosecutor having opened the case.

    Constable Hammond deposed he was acting gaoler at Wellington; he arrested accused, and explained the nature of the charge to him; accused said he knew nothing about it, except that he gave a child a penny, and had been drinking.

    Harry H Day, salesman, residing at Orange, deposed that on February 6th, about 6.45 pm, he saw accused in Gisborne street, Wellington; saw him pick up and fondle a little child named Beazley; a little later he saw accused lying in the street; the child was with him; he was behaving with it in apparently an indecent manner; remonstrated with accused (witness described accused’s condition in detail); the child’s mother then came over, and took the little boy away; witness afterwards gave information to the police.

    John F Bennett gave somewhat similar evidence.

    Augusta Maria Beazley, mother of the child, also gave evidence, and deposed she struck accused for his misconduct.

    This concluded the Crown case.

    Accused [Patrick Casey] called no evidence. He briefly addressed the jury, stating that he got drinking to Wellington, and was the worst for liquor; he remembered seeing the child, and starting to play with it; he remembered no more until he was locked up.

    His Honor addressed the jury very briefly.

    The jury, after a retirement of ten minutes, returned a verdict of guilty.

    Prisoner was remanded for sentence.

————
Thursday April 6th.

SENTENCES.

…
    Patrick Casey, convicted of indecent assault, was called up for sentence. He asked His Honor to notice that he had never before been convicted of any serious offence.

    His Honor sentenced him to twelve months imprisonment in Bathurst gaol with hard labour.

~ ~ ~ ~ ~

The Dubbo Liberal and Macquarie Advocate, Sat 8 April 1905 8

CIRCUIT COURT.
————
Wednesday, March [sic] 5th.
————

THE Circuit Court opened before Mr Justice Owen and juries on Wednesday.
    Mr JN Mason was Crown Prosecutor, and was instructed by Mr JD Houtson, [sic–Houston] of the Crown Solicitor’s Office.
    Mr CE Manning was Judge’s Associate.
    Mr GH Taylor, Deputy Sheriff, occupied a position on the Bench.
    HM Bernard, Mr Justice Owen’s tipstaff, attended his Honor.
    Messrs D Fitch, Roberts, and F Weston were excused from attendance as jurymen.
…

INDECENT ASSAULT.

    Patrick Casey was charged with indecent assault at Wellington on February 6th.

    Accused pleaded not guilty, and was undefended.

    The evidence given in the case was of a nature unfit for publication. Accused when asked if he had anything to say stated that he was drunk at the time of the occurrence, a statement borne out by several witnesses for the Crown.

    His Honor in directing the jury prior to their retirement, pointed out that drunkenness was no excuse whatever for such a crime; it might be used as palliation, but did not detract from the seriousness of the offence.

    The jury after a brief retirement returned to Court with a verdict of guilty, and accused was remanded for sentence.

————
Thursday April 6th.

    The Circuit Court resumed sitting at 10 am.

SENTENCES.

…
    Patrick Casey, found guilty of indecent assault at Wellington, was brought up for sentence.

    In reply to the usual question if he had anything to say before being sentenced, accused asked his Honor to take into consideration the fact that he had assisted the police to clear up the case as far as possible; he had used none of the money, all of which had been recovered, and at the time he was under great temptation.

    Mr AG Leer, gaoler, read a list of previous convictions against accused, which showed that he had already served sentences for forging and uttering, and false pretences.

    Sub-Inspector, Moss called by the Crown stated that at the present time there were three additional warrants in the possession of the police for accused’s arrest. Since his discharge from gaol a few months ago accused had gone under no less than 14 aliases, and during the same period had swindled people out of no less than £66, only £20 of which had been recovered. He had carried on a business of fruiterer in Orange, which was merely a blind, and from there he had visited Forbes, Molong, and Parkes, where he had defrauded people by means of valueless cheques.
His Honor said prisoner’s character, according to the police was very different to the one he had read of in the statement made by accused. It was no use imposing a light sentence upon a prisoner of this sort.

    Accused asked his Honor to consider that he had never been up on a serious charge before.

    His Honor imposed a sentence of one year’s imprisonment.

~ ~ ~ ~ ~


Patrick Casey, Gaol photo sheet 9

SRNSW: NRS2202, [3/6002], Dubbo Photograph description books, 1897-1922, No. 207, p. 27, R5096.


Gaol Photo Sheet - 
Transcribed Details

No. 207
Dubbo

Date when Portrait was taken: 17th October 1905

Name: Patrick Casey

Native place: Taralga, NSW

Year of birth: 1867

Arrived       Ship: –
in Colony }   Year: –

Trade or occupation
previous to conviction      } Labourer

Religion: Roman Catholic

Education, degree of: R & W

Height: 5' 9"

Weight     On committal:
in lbs     } On discharge:

Colour of hair: Black

Colour of eyes: Grey

Marks or special features: Large scar on head over left eye, scar on chin & upper lip, scar left kneecap, 2 vaccination marks left arm. An Epileptic

(No. of previous Portrait ... ) 

CONVICTIONS

Where and When Offence. Sentence

Wellington PC

ditto

Dubbo PC

Dubbo CC

16

  1

20

  5

11

  6

  6

  4

1901

1904

1904

1905

Drunk

ditto

Indecent language

Indecent assault on a male person

2/6 or 3 hours imprisonment

1/- or rising of the Court

40/- or 21 days Hl (served)

12 months H.L.

 


1     The Wellington Gazette and Western Districts Advertiser, Mon 13 Feb 1905, p. 2. Emphasis added.

2     SRNSW: NRS880, [9/7087], Supreme Court, Papers and depositions, Dubbo, 1905, No. 136. Emphasis added.

3     Mn: Rex versus Casey (indecent assault) Dubbo CC 5.4.05

4     The Dubbo Liberal and Macquarie Advocate, Sat 1 April 1905, p. 4. Emphasis added.

5     The Dubbo Liberal and Macquarie Advocate, Wed 5 April 1905, p. 4. Emphasis added.

6     Judge W Owen’s notes, for this case, could not be located at SRNSW.

7     Dubbo Dispatch and Wellington Independent, Sat 8 April 1905, p. 3. Emphasis added.

8     The Dubbo Liberal and Macquarie Advocate, Sat 8 April 1905, p. 3. Emphasis added.

9     SRNSW: NRS2202, [3/6002], Dubbo Photograph description books, 1897-1922, No. 207, p. 27, R5096.