The Inverell Times, Wed 8 Mar 1905 ¹

POLICE COURT.

Monday.– (Before [Arthur James Peisley] the PM.)

…
    Police v. Wm Duncan McDonald, jnr, charged with using indecent language. Pleaded guilty. Also charged with being drunk in Byron-street. Pleaded guilty. Ordered to pay 10s or 18 hours in gaol for being drunk, and for indecent language 10s and 1s 10d cost, in default days in gaol. The PM said if he came up again he would sentence him to a term of imprisonment.

    Five drunks were each fined 5.

    James Macdonald and Sydney Arthur Morgan were charged with committing an unnatural offence. Accused pleaded not guilty and were undefended.

    Evidence was given by Constable Vizzard, G Clutterbuck, John Lee and Dr Vallee.

    The accused were committed to the Armidale Circuit Court to be held on 14th April.

    Bail refused.

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Depositions for James McDonnell and Sidney Arthur Morgan 15 Apr 1905 Armidale trial ²

 

(a) Town.	Letter [*] from Bench of Magistrates at (a) Inverell
	transmitting Depositions [* Two Bench letters in the file combined into one]
(b) Name in full of accused.	in the case Rex v.. (b) James McDonnell and Sidney Arthur Morgan
(c) Offence.	(c) Indecent assault on a male person
(d) Town.	Police Office, (d) Newcastle
	6th March 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) James McDonnell and Sidney Arthur Morgan
(f) “His” or “her”	who has been committed to take (f) [their]
(g) “Circuit Court,” or  “Quarter Sessions.”	trial at the (g) Circuit Court
	to be held at (h) Armidale	on Friday
(h) Town where Court  to be held.	the 14th day of April 1905
	The accused is (i) [are] confined in Gaol, at Inverell Armidale
(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) Arthur John Vizzard, Constable of police of Inverell; George Clutterbuck of Inverell, labourer and John Lee of Inverell, cook. Louis Vallee was not bound over as the Police Magistrate did not consider his evidence material
(l) Short description to enable identification.	The Exhibits enclosed are (l) Exhibit “A” a statement of James McDonnell
	I have the honor to be, Sir, Your obedient Servant,
	[Signed] F[rederick] Burne
	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

 

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NEW SOUTH WALES POLICE.

Northern District,

Inverell Station.
8th April 1905.

Report relative to antecedents of:–
Name: Sidney Arthur Morgan alias Horner Holmer
Offence: Buggery
Committed for Trial at: Armidale Circuit Court
Date: 14th April 1905.

    Inspector F Le Boutillier reports:– That offender whose proper name is Sidney Arthur Horner Holmer, arrived at Inverell (in company with James McDonnell co-accused) on the 30th December last, and obtained employment at Burchmore’s Imperial Hotel as assistant to the chinese cook Jack Lee. Horner is a native of Sydney and resided there until September last, when he left to go to the country working at Newcastle for a short time and eventually making his way to Inverell. While in Sydney he was employed at Elliot’s Chemical Works, Balmain, and as far as can be ascertained he has not been in trouble before, his father committed suicide about five years ago and his mother is a housekeeper at 25 Elizabeth Street, Redfern.

[Signed] F Le Boutillier, Inspector.

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NEW SOUTH WALES POLICE.

Northern District,

Inverell Station.
30th March 1905.

Report relative to antecedents of:–
Name: James McDonnell, alias Augustus Bournes alias Bullock alias Nugget.
Offence: Buggery
Committed for Trial at: Armidale Circuit Court.
Date: 14th April 1905.

    Inspector F Le Boutillier reports:– Offender is a comparative stranger about Inverell, he arrived with one Sidney Arthur Morgan (co-accused) on the 30th December last and until his arrest was loafing about the town doing very little work. His proper name is Augustus Bournes, a native of Sydney and for the past three years has been in the habit of going to the country for a few months at a time. When in Sydney he loafs about the streets in the vicinity of Chippendale in company with well-known larrikins and has been convicted as follows:– Redfern Police Court 2nd February 1899, cruelly ill-treating a horse, 40/- or 14 days, Central Police Court, 1st January 1902, riotous behaviour 10/- or 48 hours. Central Police Court, February 1903, vagrancy, remanded for 3 weeks to find employment, left Sydney before the 3 weeks elapsed and the charge was withdrawn.

    There are no other convictions known against accused.

[Signed] F Le Boutillier, Inspector.

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NEW SOUTH WALES POLICE.

Northern District,

Inverell Station.
6th March 1905.

Report relative to antecedents of:–
Name: James McDonnell, alias Bullock alias Nugget
Offence: Buggery
Committed for Trial at: Armidale Circuit Court
Date: 14th April 1905.

    Sergeant Cowie reports:– That there is nothing known against this offender by Inverell Police. He came to Inverell with his co-accused (Sidney Arthur Morgan) on or about 30 December last, and since that date until his arrest, he has been loafing about the town and did very little work. He stated he was a native of Sydney, and that his address whilst there was 49 Rose Street, Redfern. When arrested he had in his possession a contribution card of the “Phillips Workers Institute” 62 and 64 Abercrombie Street, Sydney the date of enrolment upon it was the 1st of October 1904, and the name upon it was Mr “Bullock”. He also had in his possession a rule book and (member’s ?) card of the “Newcastle Wharf Labourers’ Union”, the rule book had No. 571 upon it but no name, a name appears to have been erased off the (member ?) card, but it contained entries showing that subsistences had been (obtained ?) viz:– 6/6 in March 1904 and 2/- in August. Perhaps if inquiries were made at Newcastle and Sydney, the Police may know this offender, and know his previous antecedents. His manner and conduct in Court would lead to the belief that he had been in Court before. His description attached.
[Signed] J Cowie, Sergeant.

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    This man’s fingerprints have been identified as those of Augustus Bournes convicted at Central Police Office 1.1.02 for riotous behaviour and fined 12/6 [twelve shillings and sixpence, now $1.25] or 48 hours. There is another conviction at Redfern for cruelty to animals. Mr Lackins might cause a report to be forwarded respecting him.

[Signature illegible]

~ ~ ~ ~ ~

    [Details of] Name: James McDonnell alias Bullock alias Nugget; residence: 49 Rose Street Redfern, Sydney; Native Place: Millers Point Sydney; Year of Birth: 1879; Trade: labourer; Religion: RC; Education: read and write; Height: 5' 3½" stout square built; Colour of hair: light brown, nose small; Colour of eyes: grey; eyebrows sandy; marks: Scar back of left calf, birthmark inside left calf, full fat face; If previously at Trial Bay Prison: Not known; if previously in any reformatory or other institution: no; if previously in prison: not known; Married or single: single; Nearest relative – relationship: mother; name: Mrs Norah McDonnell; Address: not known, somewhere in Sydney.

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NEW SOUTH WALES POLICE.

Northern District,

Inverell Station.
15th March 1905.

Report relative to antecedents of:–
Name: James McDonnell
Offence: Buggery
Committed for Trial at: Armidale Circuit Court
Date: 14th April 1905

    Inspector F Le Boutillier reports:– That since forwarding a report of James McDonnell’s antecedents, on the 7th instant it has been ascertained (by means of fingerprints) that offender is identical with Augustus Bournes convicted at Redfern Police Court 21st February 1899 for cruelty to animals and sentenced to 14 days (?) also convicted at the Central Police Court 30th June 1900 for riotous behaviour fined 10/- or two days, and at the same Court and for like offence, on 1st July 1902, sentenced to 48 hours hard labour.

    Offender McDonnell admits his identity with Augustus Bournes.

[Signed] F Le Boutillier, Inspector.

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Police Station, Inverell.
8th April 1905.

Rex versus Jas McDonnell “unnatural offence”, for trial
at Armidale Circuit Court on the 14th instant.

    Sergeant Cowie reports that he was this day served with a subpoena to attend the Circuit Court at Armidale on the 14th instant, to give evidence on behalf of the above-named prisoner, and states no expenses were tendered or guaranteed to him.

    The Sergeant is not aware that he can give any material evidence on McDonnell’s behalf, beyond the fact that prior to McDonnell’s arrest he came to the Police Office and complained to that Sergeant that John Lee was talking about him (McDonnell).

    Under the circumstances perhaps the Sergeant’s Officer will direct him whether he should attend the Court or not, and if his expenses will be paid.

[Signed] J Cowie, Sergeant.

~ ~ ~ ~ ~

    For Mr Cameron’s information. Neither Sergeant Cowie or Constable West’s evidence is material. They would have to leave here at 11 am on the 13th and will not attend unless instructed to do so. Please instruct.

[Signed] F Le Boutillier, Inspector.
9.4.05

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Police Station, Inverell.
8th April 1905.

Re attending Circuit Court at Armidale on 14 April 1905.

    Constable E West reports that he has received a subpoena to give evidence on the part of the prisoner James McDonnell to be tried at the Armidale Circuit Court on the 14th instant charged with committing an unnatural offence. The Constable has not received any expenses nor have they been guaranteed to him, he was not called at the Police Court hearings nor was he bound over to appear at the Circuit Court, he is not aware that he can give any material evidence on behalf of the prisoner.

    The Constable wishes to know if he will have to attend the Circuit Court or will his expenses be paid by the Crown if he does attend.

[Signed] E West, Constable.

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(M., 11 & 12 Vic., Cap. 42.)

Depositions of Witnesses.

New South Wales, Inverell
TO WIT.                                   }

The examination of Arthur John Vizzard of Inverell in the State of New South Wales, Constable of Police, George Clutterbuck of Inverell, labourer and John Lee, cook, of Inverell in the said State, taken on oath this 6th day of March in the year of Our Lord one thousand nine hundred and five at the Inverell 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 James McDonnell who is charged this day before me for that he James McDonnell on the 25th day of February in the year of Our Lord one thousand nine hundred and five at Inverell in the said State, did assault Sidney Arthur Morgan and did then wickedly, and against the order of nature carnally knew the said Sidney Arthur Morgan and did commit with the said Sidney Arthur Morgan the abominable crime of buggery.

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(M., 11 & 12 Vic., Cap. 42.)

Depositions of Witnesses.

New South Wales, Inverell
TO WIT.                                   }

The examination of Arthur John Vizzard of Inverell in the State of New South Wales, Constable of Police, George Clutterbuck of Inverell labourer and John Lee, cook, of Inverell in the said State, taken on oath this 6th day of March in the year of Our Lord one thousand nine hundred and five at the Inverell 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 Sidney Arthur Morgan who is charged this day before me for that he the said Sidney Arthur Morgan on the 25th day of February in the year of Our Lord one thousand nine hundred and five at Inverell in the said State, did wickedly, and against the order of nature commit with James McDonnell the abominable crime of buggery.

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    This deponent Arthur John Vizzard on his oath states:– I am a 1st Class Constable of Police stationed at Inverell. Between 8 and 9 pm on the night of the 28th February last I received certain instructions from Sergeant Cowie and accompanied by Constable Lambert I searched for the offenders two accused. I saw them in Otho Street Street Inverell near Burchmore’s Hotel and asked them to accompany me to the Police Office. At the Police Office apart from the accused Morgan the accused McDonnell was asked questions by Sergeant Cowie. His answers I wrote down in the form of a statement which he read over and signed. I produce that statement. I afterwards arrested him on another charge the same night at the Police Office apart from the accused McDonnell Sergeant Cowie asked the accused Morgan his age and he said he would be 18 years of age next August. He said he met the accused McDonnell in Sydney in September last and that he travelled up the country with him and they came to Inverell on the 30th of last September. He said that afterwards he got a job at Burchmore’s Hotel as a kitchen hand and that he slept in a room at the rear of the kitchen. Sergeant Cowie asked him if the accused James McDonnell had interfered with him in any way on the Saturday night previous, the 25th February, while they were in Burchmore’s Hotel. Morgan said that McDonnell did not interfere with him in any way. He said “I slept on the bed and he slept on the floor.”

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I said “Are you willing that the doctor should examine you?” He said “Yes.” The Sergeant said “Well we will see you tomorrow”, and he was not detained. The following day I made certain enquiries and went and searched for the accused Morgan and found him in his camp the other side of the river and I asked him to come with me to the Police Office and he did so. At the Police Office in answer to questions he repeated his denial that McDonnell had interfered with him in any way at Burchmore’s Hotel on the 25th February. I then arrested him and charged him with committing sodomy on John [sic] McDonnell at Inverell on the 25th February last. Accused Morgan knew at the time that I referred to the man now before the Court as James McDonnell. He made no reply to the charge. I conveyed him to the lock up and whilst there I saw the accused McDonnell and charged him with committing sodomy on Sidney Arthur Morgan at Inverell on the 25th February last. He made no reply to the charge. He afterwards said “When will the case come off?” On the night of the 3rd March accompanied by Sergeant Cowie I went to Burchmore’s Hotel and made observations in a room and outside of a room where the offence is alleged to have been committed. The room is known as the cook’s room I believe. There was a youth named George Clutterbuck in the room and he is a witness in this case. Clutterbuck lay on the bed in the room and I went outside and looked

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through a window. The window is fastened by hinges which are fixed on the side nearest the bed. The window was partially open when I looked through and I could see Clutterbuck lying on the bed plainly. The window was then closed, it had a blind fixed on the inside which came to within an inch of the bottom. By going close to the window I could see Clutterbuck lying on the bed when the window was shut. There was I prepared a sketch of the premises. I know the locality of the room where the offence is alleged to have been committed. After 11 o’clock at night it would be quiet. After 11 o’clock there is no thoroughfare past the room. The passage past the room is not used after 11oc as it only leads to the water closets. The window of the room opened into a space giving access to the tap of a large galvanised iron tank. The tank partially obscured the window. The room contained a bed in one corner. The bed extended across the end of the room and it was a single bed and was about 1 foot 11 or 2 foot high. I went to this room because it was pointed out to me by a man named Clutterbuck and this was the room in which accused said they had been sleeping. There was also a box in the room which is used as a table. It is alongside the head of the bed. The window was 3 foot from the floor on the inside and three foot four inches from

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the ground on the outside. The size of the room is seven foot seven by fourteen feet. The window is at the side of the room. It is seven feet from the window to the opposite wall. The window bed is to the right of the window and is about four feet from it. The width of the bed was two foot nine and was not right up against the wall of the end of the room. The length of the bed was six feet nine inches.

    To accused McDonnell: When I looked through the window it would be about two inches open. When I was looking through the window If there were clothes hanging all over the window I could not have seen through the window. There was a glass in the room. No matter in what position this glass was placed it would not entirely prevent me seeing into the room. When I saw through the window I saw under the window sash between that and the sill. The accused Morgan told me he slept in a room behind the kitchen. This is the only room directly behind the kitchen. On this particular night accused Morgan said he slept on the bed and you slept on the floor. When I asked you to come to the Police Station I did not hear what you said to accused Morgan. You came willingly.

[Signed] AJ Vizzard.

Taken and sworn before me at Inverell this 6th day of March 1905.
[Signed] AJ Peisley, PM.

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    This deponent George Clutterbuck on his oath states:– I am a labourer working at the Imperial Hotel. I know the two accused before the Court. I don’t know their names. I know the biggest one as Nugget and the other as Sid. I was at the Imperial Hotel on Saturday night the 25th of last month. I saw the two accused there in bed. Sid was employed at the hotel. He was under-cook employed in the kitchen. About 11 o’clock I was standing at the corner of the bedroom. That was the room that Sid occupied. While standing there I heard a conversation. I heard Nugget say “Will you do it?” Sid said “No.” Nugget then said “Come on Sid, won’t you do it? I won’t ask you any more.” Sid said “No.” Nugget then said “Come on Sid, won’t you do it? There is no-one knows about it.” Sid said “No, this is coming too strong night after night and time after time.” Sid then called the other accused a whore. The other said to Sid “You are a whore too.” I was standing about two yards away from the window at the time. The window was about 3 or 4 inches open. When I heard this conversation I went to the window and had a look through. I looked under the window and saw Sid packing his clothes off into a hamper and Nugget was sitting on the bed. Sid sat down alongside him. There was a coat hanging on the corner of the window. There was a looking glass up against the window. The looking glass was fastened to the window sill. The glass did not stop my view in any way. When Sid sat on the bed

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they began whispering and I could not hear what they were saying. Sid then got up and Nugget got up and caught hold of him. Nugget then took Sid’s trousers down and laid him on the bed on his face. He then took his own trousers down and laid on top of him and he began to work himself. He began to word his back. I then went round to the front of the hotel and saw Jack Lee. I returned with Jack Lee back to the window. There was a light in the room. I was away about ten minutes from the time I left the window to when I returned with Jack Lee. I did not look in the window again. Sid did not appear to make any resistance when Nugget lifted him and put him on the bed on his face. I did not hear him call out or make any complaint. I am on good terms with the two accused. I looked in the window about 12 o’clock and the light was still burning. They were lying in bed together. There was no covering over Sid when Nugget lay on him. His trousers were down to his knees and the upper part of his legs and his posterior was exposed. Nugget had his trousers down to his knees also. I have told you all that I saw and heard on this night. I saw Constable Vizzard go to a room at the hotel. I lay on a bed there whilst Constable Vizzard was there. This was in the same room as I saw the two accused in.

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    To accused McDonnell: The hamper Sid was putting his clothes in was about 2 feet long and about a foot wide. I had no reason for not going for the Police when I first heard the conversation. I thought I would have a look first. You had the same trousers on on [sic] that night as you have on now. You had them rolled up to your knee. Morgan did not make any noise when you were on top of him that I heard. I did not go for the Police at once as I wanted the other man to see. Lee then went for the Police and I waited about there. I remember talking to you outside the gate on the Friday night. I did not ask you why you did not camp there I did not say. I never said that my brother Bill always camped with me when he left White’s Livery Stable. I knew you were going away. I made no complaint against you on Sunday. It was Sid’s coat that was hanging on the window and was about as big as the one he has on now. There was only the coat and a pair of braces hanging on the window. The mirror was not on the window at the time. The coat was a black one. I am certain it was not the one that is on you now. There was about 3 inches of the coat hanging over the window. It was hanging on the corner of the window sash, on the corner that opens. The window would be about 2 foot long and about 2 foot wide. The coat did not block me from seeing into the room.

    To Sergeant Cowie: I have a brother Willie, he is in Armidale at present.

[Signed] G Clutterbuck.

Taken and sworn before me at Inverell this 6th day of March 1905.
[Signed] AJ Peisley, PM.

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    This deponent John Lee on his oath states:– I am a cook and work at Mr Burchmore’s the Imperial Hotel at Inverell. I was employed there last Saturday week. I know the two accused. The big one I call Nugget. The other one I call Sid. Sid has been working with me in the kitchen. I know a boy named George Clutterbuck. He came to me in front of Burchmore’s hotel about 11 o’clock on Saturday the 25th February. Sid sleeps in the room behind the kitchen. After Clutterbuck spoke to me I went along with him to a room where Sid sleeps. I stood outside the window. I stood close to the window. The window was a little bit open. I looked underneath the window into the room. The lamp was alight and it was standing on the table in the bedroom. When I looked in the window I saw Nugget sitting on the bed and Sid was half sitting and half lying on the bed. They both had their trousers hanging half way down their legs. I see Sid put his hand on the other man’s cock. I saw Nugget put his hand on his cock and work his hand. They were both laughing. I saw Nugget put his hand on Sid’s shoulder and put him down on the bed. Sid lay with his face on the bed. Nugget got on top of Sid. I saw Nugget working up and down up I heard Sid say “Oh Nugget, I won’t do it no more. Every time I do you hurt me.” I heard Nugget say “Go on, do.” I went outside onto the footpath to try and get a Policeman. I could not see a

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Policeman outside. I am good friends with Sid. We never row. On Tuesday Nugget met me on the street, this was last Tuesday. He called me and said “Jack, don’t tell everybody I was fucking Sid, see you do tell I punch you.”

    To accused McDonnell: There was one coat hanging on the window and there was a glass standing on the window. Clutterbuck was standing behind me when I heard you Morgan say you hurt him. You stand The top of your trousers were half way down your legs. I did not see your trousers tucked up. I could not tell what colour your trousers were. They were not white. This was a little after 11 o’clock when I saw you in the room with Sid. I drank that day, I did not drink all night. I was not drinking until 11. I did not see a lot of clothes on the window. I saw you quite plain. I spoke to the Police about this on Monday night. I did not see any Police on Sunday. I was very busy in the kitchen. I serve breakfast out at 8 o’clock. On last Sunday I was standing outside a few minutes, I did not see any Police then. you On Tuesday night you said to me “Are you telling people I do something to Sid?” I said “I go and tell a Policeman.”

[Signed] John Lee.

Taken and sworn before me at Inverell this 6th day of March 1905.
[Signed] AJ Peisley, PM.

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(F. 2 – “Justices Act, 1902.”)

Statement of the Accused.

State of New South Wales, Inverell
TO WIT.                                           }

James McDonnell (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 6th day of March in the year of Our Lord one thousand nine hundred and five for that he, the said defendant, on the 25th day of February 1905, at Inverell in the said State, did assault Sidney Arthur Morgan, and then wickedly and against the order of nature, carnally knew the said Sidney Arthur Morgan and did commit with the said Sidney Arthur Morgan the abominable crime of buggery and the said charge being read to the said defendant, and the witnesses for the prosecution, Arthur John Vizzard, Constable of Police of Inverell, George Clutterbuck of Inverell, labourer and John Lee of Inverell, cook 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 want to give evidence on oath.”

Taken before me and read over to the said defendant at Inverell in the said State, the day and year first above mentioned.
[Signed] AJ Peisley, PM.

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    This deponent James McDonnell on his oath states:– I am a labourer and reside at Inverell at present. I never interfered with the man Morgan in any way. On the night it was supposed to have happened I had khaki trousers on. I was coming from the camp with my swag about 6 o’clock. There was a merry-go-round leaving here fore Glen Innes and we were to get a lift by it. We were to go out along the road and meet it. On the night I was coming up I fell in the mud and this made me change my trousers for a pair which I afterwards threw away out along the road a bit. We never left until the Sunday morning as it rained and prevented us from going. We got out along the road and we run short of tucker and one of Prim’s coaches came along and we decided to come back in to Inverell. We came back into Inverell. and We camped in the same room on the Saturday night but I slept on the floor and he slept in the bed. I decided we were carrying too big of a load and I threw the trousers which I had on on the Saturday night, away. We intended going to Glen Innes and as we had no money we intended to get on the train and go straight to Sydney.

    To Sergeant Cowie: I had the khaki trousers given to me in Glen Innes. I threw them away near an empty house about a mile out of town. I met Sid outside the door of the kitchen on the Saturday night. I usually waited for him outside the gate near a barber’s shop. We went down to Lillian Raymond’s company in the Oxford Hall. We then went up and sat near Palmer’s

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butcher’s shop for a while. We then went to the room, and Morgan commenced to pack the hamper. We bought the hamper on a Saturday evening. After packing the hamper I made a bed on the floor. We sat talking for a while. Sid got into his own bed. I could not say whether he was undressed. I did not undress. I kept my trousers on. I did not change my trousers that night after 6 o’clock. It was after the offence was suppose to have been committed that I took my trousers of and threw them away. It was on the Sunday morning. They were all split up the leg and were patched. I wore them on Saturday night as I had no others. The other pair I had were wet. I never had a row with either Lee or Clutterbuck. I can give no reason why they should come here and tell such a story. Morgan and I have been travelling together since September. I have been working for the Red Flag store here and also for Mr Roos. I came here on the Friday before New Year’s Eve. I swear that I never interfered with Morgan in any way. I was not drinking on Saturday the 25th. I do not remember touching drink since New Year’s Eve night. I hung my coat on the window. The light was alight when I got into bed. I can’t say whether Sid put it out or not.

[Signed] J McDonnell.

Taken and sworn before me at Inverell, this 6th day of March 1905.
[Signed] AJ Peisley, PM.

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    This deponent George Clutterbuck recalled on his former oath states:– There was

    To accused McDonnell: There was no-one there when I first heard the conversation. I was the only one there when you caught hold of Sid and put him on the bed. When Lee came he looked under the window. I never said that he never went near the window. When I came back I did not look under the window.

    To Sergeant Cowie: Accused McDonnell had his trousers rolled up his shins from the bottom and from the top they were let down to his knees.

[Signed] G Clutterbuck.

Taken and sworn before me at Inverell, this 6th day of March 1905.
[Signed] AJ Peisley, PM.

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    This deponent Louis Valle on his oath states:– I am a duly qualified Medical Practitioner and Government Medical Officer for the District of Inverell. On the 4th instant in the lock up at the request of James McDonnell I examined Sidney Morgan with his consent to ascertain whether there were any signs on his body as to his having been a passive agent in an act of sodomy which was alleged to have been committed a week previously. I found no such sign.

    To accused McDonnell: I found no trace of Morgan having been touched. I could not tell if he had been interfered with on the 25th of February.

    To Sergeant Cowie: I have heard all the evidence in the case. Suppose an act had been committed such as described I would not expect to find any trace of it a week afterwards. There might be no sign of it immediately after the act. I could not swear that nothing had happened on the 25th. There was no indication one way or the other.

    To accused McDonnell: If accused Morgan had been examined on the Tuesday following the Saturday it is not likely that I could have said whether any offence had been committed or not.

[Signed] L Valle.

Taken and sworn before me at Inverell, this 6th day of March 1905.
[Signed] AJ Peisley, PM.

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(F. 2 – “Justices Act, 1902.”)

Statement of the Accused.

State of New South Wales, Inverell
TO WIT.                                           }

Sidney Arthur Morgan (hereinafter called the defendant) stands charged before the undersigned, one of His Majesty’s Justices of the Peace in and for the said Colony, this 6th day of March in the year of Our Lord one thousand nine hundred and five for that he, the said defendant, on the 25th day of February 1905, at Inverell in the said State, did wickedly, and against the order of nature commit with James McDonnell the abominable crime of buggery and the said charge being read to the said defendant, and the witnesses for the prosecution Arthur John Vizzard, Constable of Police of Inverell, George Clutterbuck of Inverell, labourer, and John Lee of Inverell, cook being severally examined in his presence, and he having stated 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 wish to say only that I am not guilty.”

Taken before me and read over to the said defendant at Inverell in the said State, the day and year first above mentioned.
[Signed] AJ Peisley, PM.

16-17 ³

G. 190.

New South Wales, Inverell
TO WIT.                                 }

REX.
versus
James McDonnell [and] Sidney Arthur Morgan

Offence,— Buggery

    The accused stands committed to take [their] trial at the next Court of Circuit Court to be holden at Armidale, in the State of New South Wales, on the 14th day of April 1905. Bail allowed the accused in £ and two sureties in £ each, or one in £ not applied for

[Signed] AJ Peisley, PM

JP.

Dated at the Police
Office, Inverell
in the said State,
this 6th
day of March
AD 1905
4g 416 - 88

18

“Justices Act, 1902.”

Recognizance to give Evidence.

State of New South Wales, Inverell
TO WIT.                                             }

Be it remembered that on the 6th day of March in the year of Our Lord one thousand nine hundred and five Arthur John Vizzard a 1st Class Constable of the Police Force, stationed at Inverell in the State of New South Wales, George Clutterbuck of Inverell in the said State, labourer and John Lee of Inverell in the said State, cook personally came before 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 on their goods and chattels, and lands and tenements respectively, 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.

[Signed] Arthur J Vizzard, G Clutterbuck and John Lee.

Taken and acknowledged, the day and year first above mentioned, at Inverell, in the said State, before me.
[Signed] AJ Peisley, PM.

The condition of the within written Recognizance is such, that whereas one James McDonnell was this day charged before Arthur James Peisley Esquire, Police Magistrate and one of His Majesty’s Justices of the Peace for the said State, for that on the 25th February 1905 at Inverell in the said State, he did assault Sidney Arthur Morgan, and then wickedly, and against the order of nature carnally knew the said Sidney Arthur Morgan and did commit with the said Sidney Arthur Morgan the abominable crime of buggery.

If, therefore, the before mentioned persons shall appear at the next Circuit Court to be holden at Armidale in and for the State of New South Wales, on Friday the fourteenth 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 James McDonnell for the offence aforesaid, to the Jurors who shall pass upon the trial of the said James McDonnell.

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

19

“Justices Act, 1902.”

Recognizance to give Evidence.

State of New South Wales, Inverell
TO WIT.                                             }

Be it remembered, that on the 6th day of March in the year of Our Lord one thousand nine hundred and five Arthur John Vizzard a Constable of the Police Force, stationed at Inverell in the State of New South Wales, George Clutterbuck of Inverell in the said State, labourer and John Lee of Inverell in the said State, cook personally came before 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, lands and tenements, respectively, 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.

[Signed] Arthur J Vizzard, G Clutterbuck and John Lee.

Taken and acknowledged the day and year first above mentioned, at Inverell in the said State, before me.
[Signed] AJ Peisley, PM.

The condition of the within written Recognizance is such, that whereas one Sidney Arthur Morgan was this day charged before Arthur James Peisley Esquire Police Magistrate and one of His Majesty’s Justices of the Peace for the said State, for that on the 25th February 1905 at Inverell in the said State, he did wickedly, and against the order of nature, commit with James McDonnell the abominable crime of buggery.

If, therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Armidale in and for the State of New South Wales, on Friday the 14th 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 Sidney Arthur Morgan for the said offence, to the Jurors who shall pas upon the trial of the said Sidney Arthur Morgan.

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

20

[Subpoena]

EDWARD THE SEVENTH, by the Grace of
God, of the United Kingdom of Great
Britain and Ireland, and of the British
Dominions beyond the Seas, King, Defender
of the Faith, Emperor of India

New South Wales
TO WIT.                    }

To: Sergeant Cowie, Constable West, Dr Valle, all of Inverell

    Greetings:–
We command you and every of you, firmly enjoining you, that laying aside all pretences and excuses whatsoever, you and every of you be and appear in your proper persons, before Our Justices assigned to hold Pleas before Us, on Friday the fourteenth day of April instant next, by Nine of the Clock in the forenoon of the same day, at the Circuit Court in our State of New South Wales, in the Court House, situate in Armidale there to testify the truth, and give evidence, on the part of the Prisoner, before Our said Justices, touching a certain information to be preferred against

James McDonnell

in the case of unnatural offence
and that you so appear, from day to day, until the case is tried; and this you, or any, or either of you, are not to omit, under the penalty of One Hundred Pounds, to be levied upon your and every of your Goods and Chattels, Lands and Tenements, if you, or any, or either of you shall fail in the premises.

    Witness the Honorable Sir Frederick Darley, Knight, Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Chief Justice of Our Supreme Court of New South Wales, at Sydney, the sixth day of April in the fifth year of Our Reign and in the year of Our Lord one thousand nine hundred and five.

For the Prothonotary
[Signed] Francis Cox Baylis, LS
Clerk of the Supreme Court.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]
Circuit Court.
Armidale
14th April 1905
AG’s No. 05/85 No. 96
Depositions.
CS’s No. 8
Rex
v.
James McDonnell
and
Sidney Arthur Morgan
Committed at: Inverell
on: 6th March 1905

~ ~ ~ ~ ~

Court. Armidale Circuit
Date. 15 April 1905
Cor. Walker Judge.
Plea. Not guilty
Verdict. Not guilty
Judgment.
[Signature illegible] Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.

~ ~ ~ ~ ~

1. Buggery
2. Indecent assault
[Initial illegible] 11-3-05
[Initialled] C[harles] G[regory] W[ade]
15/3/05

~ ~ ~ ~ ~

Justice WG Walker’s notebook ⁴

81

[Armidale, 15 April 1905]

R v James McDonnell – S.79 McDonnell sodomy with Morgan, Morgan consenting thereat.

Plea by each – Not guilty.

    George Clutterbuck examined. Labourer working at Imperial Hotel Inverell. Know the 2 accused. McDonnell is known as

82

Nugget, Morgan as Syd. Saturday night 25 February last about 11.5 I was standing at corner of bedroom at back of (Robertson’s ?) (old ?) hotel. I heard McDonnell say “Will you do it?” Morgan said “No.” McDonnell said “Come on Syd – won’t you do it?” Morgan said “No.” McDonnell said “Come on Syd, I won’t ask you any more.” Morgan said “This is coming too strong night after night & time after time.” McDonnell said “Come on, nobody knows about it.” Sy Morgan said “No. You’re a whore.” McDonnell said “You’re one too.” I stood there & looked in. Morgan said “? ? McDonnell” & they whispered to

83

one another. The window was about 4 inches open. I saw McDonnell sitting on the bed. Morgan was packing his clothes in a hamper. Then Morgan sat down on bed beside McDonnell. They whispered to one another, I could not hear what. Morgan then stood up, then McDonnell. McDonnell caught hold of Morgan & took Morgan’s trousers down. He then laid Morgan on the bed on his face. Then McDonnell took his own trousers down, & got on top of Morgan & began to work his back. As soon as I saw that I went away to front

84

of hotel & saw Jack Lee. I brought him round to the room in about 10 minutes. I showed Lee where to look through the window. I did not then look in. Morgan did not struggle on the occasion. I (turned ?) I heard no complaints. I looked in again about 12.00 or 11.50. I saw them both in bed together. The light was still burning. McD The blanket was over them. Constable Vizzard came to me, & I showed him how Morgan lay on the bed. I lay on the bed. It was in same position as when McDonnell & Morgan were there. I only saw McDonnell on top of Morgan about a minute. The motion (in ?)

85

accused’s bed continued during that time. Then I went away.

    To me: Only one bed in that room.

    Cross-examined by McDonnell. There was looking glass in the window. The window I should say is about 2 feet square – the looking glass about 6 inches x 4 inches. I was looking alongside the window. A black coat was hanging on the window. You told me on Friday night “He’s a good thing that fellow. I stuck it in to him.” I told Morgan I did not know who put him away. I didn’t want him to know I knew anything about it. Syd never resisted. There

86

was no tussle. Two together could not see through the window. I am boots now at the hotel. I went as cook to Lee after Morgan left. When Lee came I stood about 3 yards behind him.

    Cross-examined by Morgan. You started work at the Imperial Hotel when I was dismissed.

    John Lee examined. chinaman – Christian – Cook at Imperial Hotel Inverell. Saturday 25 February last was working there. Know 2 accused. I stood outside of hotel & Clutterbuck called me round to room, I the bedroom where Morgan slept. He was working at hotel. I saw Morgan lie on bed. I saw him

87

put his hand on McDonnell’s private parts. McDonnell has his trousers down, half way down his leg. He had no trousers on. After Morgan got hold of McDonnell I see McDonnell put his hand on Morgan’s shoulder. McDonnell said “Come & do.” McDonnell got on top of Morgan’s back. I heard Morgan say “Every time you hurt me. I won’t do it no more.” McDonnell lay on top of Morgan a few minutes. It was night time. A lamp was there. When McDonnell lay on top, he was moving up &

88

down. Morgan On 28th I saw McDonnell again. He said “Jack don’t you tell people I was fucking Syd. I’ll punch you.” We were good friends before. McDonnell Morgan was pulling Morgan’s ⁵ private parts.

    Cross-examined by McDonnell. Window open about 3 or 4 inches. Looking glass on window. Sometimes I gave Morgan drink. I told of thi Constable Lambert on Sunday night of this matter. Boss told me to sack Morgan because he was too slow. I took him back because I couldn’t get any

89

one else.

    Cross-examined by Morgan. I never put my hand on your posterior.

    Re-examined. Don’t remember saying at Inverell both had trousers hanging ½ way down their legs.

    Arthur J Vizzard examined. Constable. 28 February last about 8 pm received instructions & accompanied by Constable Lambert went in search of 2 accused. I (saw ?) them near Imperial Hotel & asked them to accompany us to Police Office. Whilst there, & whilst they were apart & not within hearing, McDonnell was asked questions by myself &

90

Sergeant Cowie & wrote his answers down in statement which he signed. ⁶ Produced. Exhibit A. (Read). Heard Morgan interviewed by Sergeant Cowie. He said McDonnell had not tampered with him or assaulted him that evening. I arrested Morgan McDonnell that night & Morgan next day. On 3 March I went to hotel with Sergeant Cowie. We saw George Clutterbuck. He placed himself on bed in room behind the kitchen. Whilst lying there I made observations through opening under window, the window being 3 inches open. Hinged window at sides – wire netting outside. Glass was

91

clear but dirty. Blind on inside came down to 1 inch from bottom. It was 9 o’clock pm. There was a light on table alongside the bed. When window was closed quite up, you could faintly see the bed; when partly open you could see plainly. You could get a view also of lower part of the room by the bed. The window was floor 3 feet from the floor inside, 3 feet 4 inches from ground inside. The window – from a note I made at the time – was 2 feet wide & 2 feet 5 inches high. After 11 o’clock at night this would be a very quiet place. A tap

92

of a tank was near the window. The tank did not obscure the view much, though the curve of it slightly overlapped the window. Room was 14 feet x 7 feet 7 inches wide. The window looked down the length of the room. Nearest point of bed to window was about 2 feet. There was no looking glass on window when I was there, but there was a glass in the room about 10 inches x 6 inches. Morgan said to me he was on good terms with John Lee, also with Clutterbuck.

    Cross-examined by McDonnell. I think it quite possible to

93

see through the opening if a glass on the window. You came with us willingly. Morgan said he was willing to undergo medical examination. Two days after you said you’d like it done.

    Cross-examined by Morgan.

    Re-examined.

    Lewis Valle examined. Duly qualified medical practitioner. Government Medical Officer, Inverell. Examined Morgan on 4th March, to ascertain if any sign of sodomy committed by Morgan. Was told it was committed a week before. Could not find any sign of offence. Should not expect to find any sign

94

a week after. Any abrasion would have disappeared in the mean time. Hardly possible to find any traces of such an offence even a day after.

    Cross-examined by McDonnell. If Morgan had been in a habit of so doing, I might have seen some sign.

    Cross-examined by Morgan. Nothing to show a habit.

    Re-examined. To t It would have to There might be signs of habit if it had been practised frequently for several months, not if practised only for several

95

weeks.

Case for Crown.

    James McDonnell examined on oath. I wore khaki trousers on 25th. Nothing of the kind happened. I was not near the bed. I said to Lee “Did you put it about the town that I’d been fucking Syd?”

    Cross-examined. Never had row with Clutterbuck, or with Lee. I refused to drink with Lee. Even if looking glass away, you could not see under window if only 3 inches open. Some convictions against me, riotous behaviour, riding in train without ticket. McDonnell is not my proper name.

96

    Sidney Arthur Morgan examined on oath. Nothing of the kind happened. McDonnell slept on floor.

    Cross-examined. Packed hamper little after 11 o’clock that night. Never had quarrel (?) with Clutterbuck or Lee. Don’t think it possible to see through that window.

    To McDonnell. Lee tried to commit on me the offence you are charged with. You wanted to give me part of your wages to go away. When I threatened to hit Lee said on Friday he’d raise my wages if I

97

didn’t tell. You wore khaki trousers that night. George Clutterbuck said he’d been sacked for (his ?) (uttering ?) language & for taking food to his brother. The coat on the window was the one you have on. There was also a pair of trousers of mine.

    To Crown Prosecutor: I made statement to Police which was written down. Produced. That is mine. It was on 21st February Lee wanted to commit sodomy with me. I parted with him on good terms. I did not tell police about Lee & sodomy or mention it in lower court. I kept it for this court. I told

98

McDonnell about the chinaman since we’ve been in gaol, not the police. Morgan is not my name.

    Clutterbuck examined (recalled by me). No trousers hanging on or by the window on night of 25 February.

No evidence in reply.

McDonnell addresses Jury.

I sum up.
Jury  retire 3.7
  “   return 3.27
Verdict – Not guilty, as regards both accused.
Accused discharged.

~ ~ ~ ~ ~

The Armidale Argus, Sat 15 Apr 1905 ⁷

ARMIDALE CIRCUIT COURT.

    The Circuit Court opened this morning before Mr Justice [WG] Walker.

    The bar was represented at the opening of the Court by Messrs F Lyons (Crown Prosecutor), Mocatta, Windeyer, Warren, and Thompson.

    Mr Withy was present from the Crown Law Office.

    Mr Corbett-Lawson, PM., was acting Deputy-Sheriff.

    Mr Norman Walker, Judge’s Associate.
…

A SERIOUS CHARGE.

    James McDonnell, aged about 24, and Sydney Arthur Morgan, about 17 years, pleaded not guilty to a charge of sodomy, at Inverell, on February 25th.

    The accused were undefended.

    The following jury were empanelled:– DW Dickson, J Moore, S Martin, WB Frizell, GC Chapman, JW Hunt, FJ Crutchett, WJ Dorrington, JT Baker, D McKeough, O Cooper, and RJ Bell.

    Evidence was given for the prosecution by Constable Vizzard, Dr Vallee, G Clutterbuck and John Lee, a chinaman cook.

    The two accused went into the witness box and gave evidence on oath, denying the offence.

    The jury after half-an-hour’s deliberation returned a verdict of not guilty against the accused.

~ ~ ~ ~ ~

The Armidale Express and New England General Advertiser, Tue 18 Apr 1905 ⁸

ARMIDALE CIRCUIT COURT.

    The Circuit Court at Armidale opened at 10 o’clock on Saturday morning.

    Mr Justice Walker presided, and his Associate was Mr N Walker.

    Mr F Lyons prosecuted for the Crown, with him Mr Withy, of the Crown Law Office. Other barristers present were Messrs Mocatta, Windeyer, Thompson, and Warren. The other branch of the legal profession was represented by all the local solicitors, and other gentlemen from Inverell, Tamworth (including Mr JM Proctor), and Gunnedah.

    When the jury list was called there were two defaulters, who were fined £2 each.

    Mr Corbett Lawson acted on behalf of the Sheriff, and Mr Superintendent Cameron was in charge of the police attendants. The following police were present from the outlying districts: Inspector Johnstone, Grafton: Sergeant Andrews, South Grafton: First-class Constable Stephens, Dalmorton: First-class Constable Hannford, Nymboydia [sic]: Constable Vizzard, Inverell: Constable Crosby, Kingstown: Senior-constable Perkins, Bundarra: Sergeant Woods, Walgett: Constable Sheridan, Mogil Mogil.
…

SODOMY.

    Two young men, James McDonald and Sydney Arthur Morgan, were charged with committing an abominable crime, and pleaded not guilty.

    They were unrepresented.

    The following jury was sworn: JT Baker, WJ Dorrington, D McKeough, C Cooper, RJ Bell, J Moore, J Hunt, GC Chapman, S Martyn, DW Dickson, WB Frizell, and J Crutchett.

    The Crown Prosecutor, Mr Lyons, stated the case for the Crown, and at his Honor’s suggestion every decent man present who could leave left the court.

    A young fellow named George Clutterbuck gave evidence for the Crown, the particulars which are unfit for publication.

    The Crown also called a chinese cook ( J Lee), Constable Vizzard, and Dr C Vallee. The latter’s testimony was much in favour of the accused, both of whom went into the witness box and positively denied the alleged offence. Under cross examination the accused McDonald admitted previous convictions and several aliases. He denied being known as “Bullock” in Sydney. The other accused, Morgan, also swore that the alleged offence was not committed. He admitted that his present name, “Morgan,” was alias, and he further added that the chinaman cook called by the Crown had solicited him to commit the same offence.

    Summing up, his Honor said the whole case for the Crown depended upon the credibility of two witnesses, Clutterbuck and the chinaman, and if those two had perjured themselves they were guilty of a cruel conspiracy. But it was for the jury to say if that was so. He instructed the jury as to the law and the question of penetration, and left them to decide upon the facts.

    The jury retired at 7 minutes past 3 and, after half an hour’s deliberation, returned to court with a verdict of not guilty. Both accused were then discharged.

~ ~ ~ ~ ~

The Armidale Chronicle, Wed 19 Apr 1905 ⁹

CIRCUIT COURT.

    The half-yearly Circuit Court opened at Armidale on Saturday, 15th inst., before His Honor Mr Justice Walker.

    The sheriff was represented by Mr Corbett Lawson, Police Magistrate.

    Mr Norman Walker acted as Judge’s Associate.

    Mr Thomas Cameron, Superintendent of Police, occupied a seat in Court.

    Mr F Lyons handed in his commission to act as Crown Prosecutor.

    The following barristers were present:– Messrs R Windeyer, WH Mocatta, E Thompson, JR Lee, and EW Warren. The other branch of the legal profession was represented by Messrs JA McDonald, H Weaver, SJ Kearney, DP Claverie (Armidale), PP Abbott (Glen Innes), JM Proctor (Tamworth), and CF Withey (Crown Law Office).
…

ALEGGED UNNATURAL OFFENCE.

    James McDonald, 26, was charged with an abominable crime, alleged to have been committed at Inverell on 25th February.

    Sidney Arthur Morgan, 21, was charged with being a consenting party to the offence of which McDonald was charged.

    Accused pleaded not guilty, and were undefended.

    The following jury was empanelled:– JT Baker, WJ Dorrington, D McKeough, C Cooper, RJ Bell, J Moore, J Hunt, CC Chapman, S Martyn, DW Dickson, WB Frizell, and FJ Crutchett.

    His Honor said he had no power to clear the court, but, in view of the nature of the offence, he thought that all who had no business before the court might withdraw until the case had been decided. He would leave the matter to their own sense of decency. The whole of those present then withdrew.

    The evidence in this case is unfit for publication, therefore only a few details are given.

    George Clutterbuck stated in effect that the two accused were together in a bedroom at the Imperial Hotel, Inverell on the night of 25th February. He overheard a conversation between them. Morgan declined to do as requested, and the pair then called one another hard names. Subsequently he looked through the window. Witness here detailed what took place.

    Witness was examined at length by accused.

    John Lee, chinese cook, stated that he was a Christian, and wished to be sworn on the Bible. The request was complied with, and John then gave his evidence in a very intelligent manner. On the night in question, Geo. Clutterbuck called out to him to come to the accused Morgan’s bedroom. He went and looked through the window, and saw the two accused there. Witness here corroborated the evidence of Clutterbuck with respect to the commission of the offence. A few days later accused McDonald told him to tell anyone what he had seen, or he would punch him. Witness told McDonald he would give him in charge. He had always been a good friend of accused.

    In answer to accused McDonald, witness said that he knew he would die if he told a lie, and that he would be punished–that the police could take him. The Bible said that he would die if he told a lie. Clutterbuck was discharged from the hotel because he had the “slows.”

    Cross-examined by Morgan, witness stated that he bought drink and water-melons for Morgan at different times.

    Dr Vallee [sic] gave evidence as to having examined accused Morgan.

    Constable Vizzard stated that he had had conversation with the accused relative to the offence, and both of them denied that anything of the nature charged had taken place.

    Accused McDonald [sic–McDonnell] gave evidence on oath, and denied that there had been any misconduct. The window of the room was covered by a coat, and no one could see through. Morgan was a mate of his, and they occupied the room at the hotel. The window was covered so that no one belonging to the hotel could see him in the room, as he had no right there. When he heard reports about the offence, he went to the police and asked if he could take proceedings against the people who were slandering him. The policeman told him he could prosecute them for defamation, but he said he did not have enough money to buy a loaf of bread, let alone prosecute anyone.

    At the end of his statement, accused shed tears.

    To the Crown Prosecutor: The only convictions against him were for riding a horse with shore shoulders and for travelling on a railway without a ticket. He had never used an alias in Sydney he was known as “Bullock,” and that name was used on the card of the club to which he belonged. He worked for two or three weeks at Inverell. He had never had a row with Clutterbuck, and, as far as the chinaman was concerned, he “did not go much on chinamen at any time.”

    McDonald stated that he had subpoenaed several witnesses, but none of them were in attendance.

    Accused Morgan made a statement on oath, denying the commission of the offence.

    In answer to the Crown Prosecutor, accused said that Holmes was his proper name, and that Morgan was an alias.

    This closed the case for the defence.

    Witness Clutterbuck, recalled by His Honor, said that there was only a coat hanging at the window when he looked through.

    McDonald addressed the jury at some length, and reiterated his denial of the offence.

    His Honor summed up briefly, and the jury, after 25 minutes’ deliberation, returned a verdict of not guilty.

 

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