The Maitland Daily Mercury, Wed 5 Apr 1905 ¹

MAITLAND CIRCUIT COURT.
Wednesday, April 5.
(Before His Honor Justice Walker.)

    The April sittings of the Maitland Circuit Court opened at 10 o’clock this morning, at the courthouse, East Maitland, before his Honor Justice Waker. Dr Edwin Mayhew Bressenden acted as Crown Prosecutor, and Mr Norman WG Walker officiated as Judge’s Associate. The legal profession was represented by Messrs ARJ Watts, R Cowen, James Young, EW Warren, R Windeyer, and W Tighe, barristers; Messrs WJ Enright, John Gonzales, W Howell, TA Braye, DLB Glasheen, and Julian Windeyer, solicitors. The police were represented by Superintendent Cotter, Sub-inspector Sykes, and Mr DG D’Arcy, governor of the gaol, was also in attendance.

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Newcastle Morning Herald and Miners’ Advocate, Tue 11 Apr 1905 ²

NEWCASTLE POLICE COURT.
Monday April 10.
(Before Mr MS Love, SM.)

…

COMMITTED FOR TRIAL.

    Henry Clarke [aka George Clark] was charged with having committed a serious offence [with a Saint Bernard bitch dog], at an early hour on Sunday morning. The alleged offence was stated to have taken place on some land occupied by a circus, and the principal witnesses for the prosecution were Andrew McEwan, James Phillips, and James Murphy, all members of a circus troupe. Constable Bishop also gave evidence. The accused, who had been with the circus company a few days, and who appeared to have been considerably knocked about, declared his innocence. He was committed to take his trial at the Maitland Circuit Court, now sitting. Sub-inspector Goulder conducted the case for the prosecution.

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The Maitland Daily Mercury, Thu 13 Apr 1905 ³

MAITLAND CIRCUIT COURT.
Wednesday, April 12.
(Before his Honor Justice Walker.)

    After the report of the proceedings of the Maitland Circuit Court, which appeared in last evening’s issue, closed, the following case was dealt with:–

ALLEGED UNNATURAL OFFENCE.

    Henry Clark was arraigned on a charge of having on Sunday morning, April 9, 1905, committed an unmentionable offence at Newcastle.

    Accused pleaded not guilty.

    The offence was alleged to have been committed outside one of the tents connected with Marconi’s Circus, now performing at Newcastle.

    Andrew McEwan, James Phillips, and James Murphy, circus performers, gave evidence as to the circumstances connected with the case.

    The jury returned a verdict of guilty of an attempt to commit the offence.

    Prisoner was remanded for sentence.

———

    At the close of the case the Crown Prosecutor referred to the action of the Government Medical Officer in not giving more assistance in that case, and also in that of the man Anderson, who was charged with indecent assault. In reply to an application by the police, the doctor stated he could not give any evidence that could assist the case. It appeared to him that it was the duty of the medical officer to give evidence either in favour of or against the accused. Certain articles were submitted to him, and had he made a microscopical examination he would probably have been in a position to express some opinion.

    His Honor said it appeared to him peculiar that the doctor was not able to state something that would have assisted the case. On the other hand, he could not see why the doctor could not have been called by the Crown. If the doctor had been called it was possible he would have made a statement that would have materially assisted the case.

    The Crown Prosecutor said if the doctor had been called he probably would have given in evidence virtually what was contained in his statement to the police. In that case the Crown would have been made to look very foolish. In such cases the police, without expert evidence, could not be expected to complete their work satisfactorily.

———
Thursday, April 13.

    The Court resumed its sittings at half-past 10 o’clock.

SENTENCE.

    Henry Clark, who was convicted of a charge of attempting to commit an unnatural offence, was brought up for sentence.
His Honor considered that the jury had taken a very merciful view of the case. The prisoner had been found guilty of attempting to commit a very serious offence, and he could not pass it by lightly. He sentenced the prisoner to four years penal servitude, and directed that he be privately whipped with ten strokes.

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Newcastle Morning Herald and Miners’ Advocate, Thu 13 Apr 1905 ⁴

MAITLAND DISTRICT.
(“Newcastle Herald” Branch Office; High Street, West Maitland.)
(From our Special Representative.)

MAITLAND CIRCUIT COURT.

    The Maitland Circuit Court was reopened before His Honor Mr Justice Walker at 10.30 am yesterday.
…

STRONG COMMENTS.

    Henry Clarke pleaded not guilty to a charge of having committed a serious offence at Newcastle. After hearing evidence the jury returned a verdict of attempting to commit the offence. The Crown Prosecutor commented on the action of the Government Medical Officer at Newcastle in not giving more assistance in this case, and in that of the case of the man Anderson. The doctor, in reply to the police, said that he Crown could not give any evidence which would assist the case. It was his duty to give evidence either in favour of or against the prisoners. Certain articles were submitted to him, and had he made a microscopical examination he would have been in a position to express some opinion. He (the Crown Prosecutor) said he believed he was justified in making that statement publicly.

    His Honor said it seemed that in this case the doctor must have been able to state something that would assist the case. Still he did not see why he could not have been called. If he had been called he might have been able to give something.

    The Crown Prosecutor: If called he would have given the reply he gave at the Police Court, and would make the Crown look foolish. In many of these cases the police, without expert evidence, could not be expected to complete their work.

    The court adjourned until 10.30 am today.

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Newcastle Morning Herald and Miners’ Advocate, Fri 14 Apr 1905 ⁵

MAITLAND DISTRICT
“Newcastle Herald” Branch Office; High Street, West Maitland.)
(From our Special Representative.)

MAITLAND CIRCUIT COURT.

    The Maitland Circuit Court was re-opened, before his Honor Mr Justice Walker at half past ten o’clock yesterday morning.

SENTENCE.

    Henry Clarke, who was convicted of having attempted to commit a serious offence at Newcastle on the 9th April, was called up for sentence. His Honor said the jury had taken a very merciful view of the case in convicting prisoner on the second count. The offence was a very serious one, and could not be lightly dealt with. He sentenced prisoner to four years penal servitude, and ordered a private whipping of ten strokes.

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Henry Clark, Gaol photo sheet ⁶

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Gaol Photo Sheet - Transcribed Details

No. 109 50 1905
Grafton

Date when Portrait was taken: 8 May 1905

Name: Henry Clark

Native place: Chicago USA Year of birth: 12 Jan 1878 Arrived       Ship: Galena in Colony }   Year: 1904 Trade or occupation previous to conviction  } Steward Religion: R. C. Education, degree of: R & W Height: 5' 7¼" Weight     On committal: 132 in lbs     } On discharge: Colour of hair: Dark Brown Colour of eyes: Lite grey

Marks or special features: Large vaccination mark, left arm, two teeth missing left lower jaw, two white spots on chest, small brown mole right shoulder blade, scar on left buttock scar under right knee brown scar under left knee

(No. of previous Portrait ... )  CONVICTIONS
Where and When				Offence.	Sentence
San Francisco Maitland GD	- 12	- 4	1902 1905	Drunk Attempted Bestiality	Fined 10 dollars. Paid in court 4 years P.S. & 1 whipping 10 lashes

 

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