The Barraba and Manilla News, Sat 17 Feb 1906 ¹

BARRABA PETTY SESSIONS.

…

    Before the PM (J[ohn] Jamieson, Esq.), and Mr Wm Smart, JP.
…

POLICE COURT.
Friday, February 9.

    Joseph Brady and Joseph Clarkson were charged by the police (in company) with committing an abominable offence on the night of the 3rd February, 1906, at Barraba. The case was proved, after taking the evidence of Sergeant Moroney, Constable Pearce, Mr Clements and Dr Poggioli, and both the accused were committed for trial at the Bingara Quarter Sessions, to be holden on the 12th September next. Bail was allowed, but not forthcoming, self in £100 and two sureties in £50 each.

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Depositions for Joseph Brady and Joseph Clarkson 20 Apr 1906 Armidale trial ²

(a) Town.	Letter from Bench of Magistrates at (a) Barraba
	transmitting Depositions
(b) Name in full of accused.	in the case Rex v. (b) Joseph Brady
(c) Offence.	(c) Charged with Buggery
(d) Town.	Petty Sessions Office, (d) Barraba
	9/2/1906
	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) Joseph Brady
(f) “His” or “her”	who has been committed to take (f) his
(g) “Circuit Court,” or  “Quarter Sessions.”	trial at the (g) Quarter Sessions
	to be held at (h) Bingara	on Wednesday
(h) Town where Court  to be held.	the 12th day of September 1906
	The accused is (i) confined in the gaol at Bingara. Bail allowed self in £100, and 2 sureties in £50 each. Bail not forthcoming.
(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) Sergeant GA Moroney, Constable T Pearce, Dr V Poggioli, and Wm Clements.
(l) Short description to enable identification.	The Exhibits enclosed are (l) Nil
	I have the honor to be, Sir, Your obedient Servant,
	[Signed] John Jamieson, PM
	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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(a) Town.	Letter from Bench of Magistrates at (a) Barraba
	transmitting Depositions
(b) Name in full of accused.	in the case Rex v. (b) Joseph Clarkson
(c) Offence.	(c) Aiding, abetting, and assisting Joseph Brady to commit Buggery with him
(d) Town.	Petty Sessions Office, (d) Barraba
	9/2/1906
	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) Joseph Clarkson
(f) “His” or “her”	who has been committed to take (f) his
(g) “Circuit Court,” or  “Quarter Sessions.”	trial at the (g) Quarter Sessions
	to be held at (h) Bingara	on Wednesday
(h) Town where Court  to be held.	the 12th day of September 1906
	The accused is (i) confined in the gaol at Bingara. Bail allowed self in £100, and 2 sureties in £50 each. Bail not forthcoming.
(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) Sergeant Moroney, Constable Pearce, Dr Poggioli, and Wm Clements.
(l) Short description to enable identification.	The Exhibits enclosed are (l) Nil
	I have the honor to be, Sir, Your obedient Servant,
	[Signed] John Jamieson, PM
	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 Post and Telegraph.
State and Interstate Line.

Telegram from Tamworth Station, addressed to Police Armidale.

    Joseph Brady charged buggery nothing against him Melbourne. Brisbane reply not yet received.

[Signed] Sutherland.

~ ~ ~ ~ ~

New South Wales Post and Telegraph.
State and Interstate Line.

Telegram from Barraba Station, addressed to Judge Quarter Sessions Armidale.

    Subpoenaed for tomorrow locum tenans disappointed me cannot leave serious cases in hospital hope arrange for locum in two or three days. Kindly advise reply paid.

[Signed] Dr Poggioli.

~ ~ ~ ~ ~

I, Vitaliano Poggioli of Barraba Medical Practitioner maketh oath and saith as follows.

    1. That I have been unable to secure the services of a locum tenans for the 17th April 1906 although I have used my best endeavour through my Sydney agents to obtain the same.

    2. That I have a case at present in my hands of a very dangerous nature and one that cannot be left without medical attention.

    3. That I am the Resident Medical Officer of the Barraba Hospital and cannot leave without supplying a locum tenans.

[Signed] V Poggioli.

Sworn before me this 17th day of April 1906.
[Signed] M Dawson, Commissioner for Affidavits.

~ ~ ~ ~ ~

[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: Dr Poggioli, Sergeant Moroney, Constable Pearce, William Clements, carpenter, all of Barraba.

    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 Wednesday the eighteenth day of April 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 Crown, before Our said Justices, touching a certain information to be preferred against

Joseph Brady and Joseph Clarkson

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 our Right Trusty and Well beloved Councillor the Right Honorable Sir Frederick Darley, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Chief Justice of Our said Court, at Sydney, this nineteenth day of February in the sixth year of Our Reign and in the year of Our Lord one thousand nine hundred and six.

For the Prothonotary
L[ancelot] M[ark] Addison
Clerk of the Supreme Court.

Crown Solicitor

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NEW SOUTH WALES POLICE.

North Western District,

Barraba Station.
27/2/06.

Report relative to antecedents of:–
Name: Joseph Brady
Offence: Buggery
Committed for Trial at: Armidale Circuit Court
Date: To be held on 18th April 1906.

    Sergeant Moroney reports:–

    Offender is a good type of labourer but addicted to drink. His previous convictions are as follows:–

Barraba Police Court.

3.7.1905 Drunkenness fined 1/- or the rising [of court]
14.7.1905 Indecent language fined 10/- or 7 days.
5.8.1905 Drunkenness fined 2/6 or 12 hours.

[Signed] Geo M Moroney, Sergeant.

~ ~ ~ ~ ~

NEW SOUTH WALES POLICE.

North Western District,

Barraba Station.
27/2/06.

Report relative to antecedents of:–
Name: Joseph Clarkson
Offence: Aiding, abetting, and assisting Joseph Brady to commit the crime of buggery with him.
Committed for Trail at: Armidale Circuit Court
Date: To be held on 18th April 1906.

    Sergeant Moroney reports:–

    Offender is an illiterate labourer of inferior type and very addicted to drink. He has previous convictions as hereunder:–

Inverell Police Court.

11.5.1899 Drunkenness fined 5/- or 24 hours.
11.5.1899 Indecent language 1 month hard labour.
22.12.1899 Drunkenness fined 2/6 or 24 hours.
6.3.1900 Drunkenness fined 10/- or 7 days.
6.3.1900 Indecent language fined 40/- or 1 month.
14.5.1900 Drunkenness fined 10/- or 3 days.
9.7.1900 Drunkenness fined 10/- or 7 days.
9.7.1900 Indecent language fined £4 or 1 month.
27.2.04 Drunkenness fined 5/- or 24 hours.
19.9.04 Drunkenness fined 5/- or 24 hours.
26.12.04 Drunk and disorderly fined 5/- or the rising.
27.12.1904 Drunkenness fined 10/- or 3 days.

Barraba Police Court.

26.2.1901 Drunkenness fined 5/- or 24 hours.
19.3.1901 Profane language fined 5/- or 24 hours.
20.3.1901 Drunk and disorderly fined 5/- or 4 days.
20.3.1901 Indecent language fined 10/- or 7 days.
25.9.1905 Drunkenness fined 2/6 or 12 hours.
22.1.1906 Drunkenness fined 1/- or 2 hours.

[Signed] Geo M Moroney, Sergeant.

~ ~ ~ ~ ~

Office of the Clerk of the Peace,
Sydney, 15th February 1906.

The Under-Secretary, Department of the Attorney General and of Justice.

Recommending that the trial of R versus Brady and another be taken at Armidale Circuit Court instead of at Bingara.

~ ~ ~ ~ ~

Memo:–

Rex versus Brady and anor.

    The accused, who are in gaol, will, if the case is allowed to remain for trial at Bingara Quarter Sessions, have been in custody for more than seven months before being brought to trial.

    I beg, therefore, to recommend that the Trial should be ordered by the Attorney General to take place at Armidale Circuit Court on 18th April next. The extra cost for witnesses by such change would, I estimate, not exceed £15.

[Signed] WR Beaver, Clerk of the Peace.

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Depositions of Witnesses.

New South Wales, Barraba
TO WIT.                                 }

The examination of George Augustus Moroney of Barraba in the State of New South Wales, Sergeant of Police; Thomas Pearce of Barraba, Constable of Police; Vitaliano Poggioli of Barraba, Medical Practitioner and William Clements of Barraba, carpenter in the said State, taken on oath this eighth ninth day of February in the year of Our Lord one thousand nine hundred and six at the Barraba Police Office, in the said State, before the undersigned, two of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of Joseph Brady who is charged this day before us for that he the said Joseph Brady on the 3rd day of February in the year of Our Lord one thousand nine hundred and six at Barraba in the said State, did assault Joseph Clarkson and did commit with him the crime of buggery.

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Depositions of Witnesses.

New South Wales, Barraba
TO WIT.                                 }

The examination of George Augustus Moroney of Barraba in the State of New South Wales, Sergeant of Police; Thomas Pearce of Barraba, Constable of Police; Vitaliano Poggioli of Barraba, Medical Practitioner; and William Clements of Barraba, carpenter in the said State, taken on oath this eighth ninth day of February in the year of Our Lord one thousand nine hundred and six at the Barraba Police Office, in the said State, before the undersigned, two of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of Joseph Clarkson who is charged this day before us for that he the said Joseph Clarkson on the 3rd day of February in the year of Our Lord one thousand nine hundred and six at Barraba in the said State, was present aiding, abetting, and assisting Joseph Brady to commit with him the crime of buggery.

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This deponent George Augustus Moroney on his oath, saith as follows:–

    I am a Sergeant of Police and reside at Barraba.

    on the 3rd of February instant at about 11.40 pm or 11.45 pm, owing to something I was told, I went to a fenced enclosure at the corner of Queen and Alice Streets, Barraba. I entered the enclosure from Queen Street. I saw the accused Brady and the accused Clarkson within the enclosure. They were lying on the ground about 3 yards from Alice Street, and about 40 yards from Queen Street. I went towards them, keeping a shrub that was growing in

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the enclosure between them and me, when I got to the shrub I was 10 yards from them. The accused Clarkson was lying on his stomach on the ground, and Brady was lying on his stomach on Clarkson’s back. I heard Clarkson say “You can’t get into me, have a spell for a while.” There was a man standing in Alice Street at the time, about 4 or 5 yards from the two accused. This man then walked along Alice Street towards Constables Pearce and Love who were approaching along Alice Street. As this man walked away, Brady got off Clarkson and sat alongside of him. I could then see that

3

Clarkson’s clothes were disarranged. I walked up to the two accused and struck a match. Clarkson’s posterior was nude. Clarkson had a full suit of clothes on, but his trousers were down about his knees. Clarkson looked up at me and said “Is that you, Sergeant?” He then quickly pulled his trousers up and said “No, we weren’t, Sergeant.” I said “You weren’t what?” He said “We weren’t doing anything.” Brady was still sitting just alongside of Clarkson. I saw that Brady’s trouser’s fly was open. Brady looked up at me and said “Is that you, Mr Moroney?” I said “Yes.” I was in plain clothes at the

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time. Constables Pearce and Love then came and I told them to look at the two accused and note how their clothes were. I said to them “This man,” pointing or indicating Clarkson “has just pulled his trousers up, they were down about his knees.” Clarkson said “Yes, I felt hot and was trying to get cool, I always sleep that way.” The two accused were then taken to the lock up. I brought in Dr Poggioli. He arrived at the lock up about 2 minutes after the accused arrived there. Dr Poggioli examined both of the accused in my presence, and their trousers which they had taken off by the order of the Police. Clarkson’s

5

trousers had 2 wet spots on the inside of the seat. I cut a piece out of the trousers, on which the two wet spots were. I cut this piece out in the presence of the doctor. I then cut this piece in two, cutting through the two wet spots, leaving half of the two wet spots on each of the two pieces of cloth. I gave one piece to Dr Poggioli, and put the other piece into an empty pickle bottle and corked and sealed the bottle up. ³ I produce this bottle. ⁴ I also produce the trousers from which the piece was cut. The accused had both been drinking about town for a few days prior to and on the 3rd instant, and appeared to

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be nearly drunk when arrested, but not drunk enough to be arrested on a charge of drunkenness. Owing to both the accused being in liquor I did not charge them until next morning. Next morning I went in to the lock up yard at 9 am where the two accused were and addressing Brady said “I charge you with that you did at Barraba on the 3rd instant assault Joseph Clarkson, and did commit with him the crime of buggery.,” and I then said to Clarkson “And I charge you Joseph Clarkson with that on the 3rd instant at Barraba you were present aiding, abetting and assisting Joseph Brady to commit with you the crime of

7

buggery.” Brady then said “I don’t know much about it at all myself. I’ve been drinking for the past few days, and was stupid with drink.” Clarkson made no reply to the charge.

    (The accused Brady states that he does not wish to ask the witness any questions.)

    By accused Clarkson: Q. Wasn’t I real drunk when you came on me? No you were not real drunk you were able to converse coherently and to walk.

[Signed] Geo M Moroney.

Taken and sworn at Barraba, this 9th day of February 1906 before us.
[Signed] John Jamieson, PM, William Smart, JP.

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This deponent Thomas Pearce on his oath, saith as follows:–

    I am a Constable of Police and reside at Barraba.

    At about 11.15 pm on the 3rd instant I was on duty in Queen Street. I was standing on the road in front of Jeffrey’s Hotel. I saw two men standing alongside the fence at the corner of Queen and Alice Streets. They remained there a few minutes and then went away, lay down in a vacant piece of land. I then left and came up the street. At about 11.30 pm I went back. I could then see the men lying on the ground from Queen Street. I went round the corner into

9

Alice Street and walked up to the fence. The two men were lying about 8 or 9 feet from the fence inside the fence. When I got to the fence I heard one of the men say “Am I hurting you?” The other replied “No, go on, I like it.” I could see the man furthest from me that his trousers were down, and that the body of the man nearest to me was in motion. They were both lying on their right side. I then left and hurried up the street and told Sergeant Moroney and Constable Love to come down. On the way back the Sergeant went towards where the men were lying, entering the enclosure where the men were, from Queen Street. Constable

10

Love and myself went round the corner into Alice Street. A man came to me there, and told me something. At that moment Sergeant Moroney struck a match. I then jumped over the fence and went to where the accused men were lying. The Sergeant said “Examine these men.” This man pointing to Clarkson just pulled his trousers up one of the men whom I now identify as the accused Clarkson “just pulled his trousers up.” At this time the other man whom I now identify as the accused Brady was sitting up. I caught hold of him, Brady, by the shoulders and pulled him back and saw that every button in the fly of his trousers was undone and his fly open. The

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Sergeant then said “Take these two men to the lock up.” I took the accused Brady. On the way to the lock up Brady said to me “What are you charging me with Mr Pearce? Not a criminal offence?” I replied “You’ll be charged with just what you’ve done.” He then said “I wish I’d bloody well dropped dead before I saw Barraba.” I saw Constable Love taking the accused Clarkson to the lock up. I was in the lock up yard when Dr Poggioli arrived, that was a few minutes after the accused reached the lock up. I saw the doctor examine each of the accused. I also made each of them take off his trousers. Clarkson first and then Brady, and

12

handed them, the trousers, to the doctor. I saw Sergeant Moroney cut a piece out of the seat of Clarkson’s trousers, and I saw him give part to the doctor and seal up part in the bottle produced. ⁵ Clarkson had a white coat on when he was arrested.

    The accused Brady wishes to ask us questions. Q. “Wasn’t I real drunk when you came on me?” “You had had drink but were not what I would call drunk.” Q. “Didn’t you watch me leave Moylan’s and go up there where I lay down?” “I saw you at Moylan’s. I didn’t see you leave Moylan’s.”

[Signed] Thomas Pearce.

Taken and sworn at Barraba, this ninth day of February 1906 before us.
[Signed] John Jamieson, PM, William Smart, JP.

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This deponent William Clements on his oath, saith as follows:–

    I am a carpenter and reside at Barraba.

    I remember the 3rd instant. I was in Alice Street Barraba that night about 11.30 pm or between that time and midnight. When I was in Alice Street I heard someone talking inside a fence and I looked round and I noticed 2 men lying down. The men were 8 or 10 yards from me when I first saw them. I walked up to the fence and they were then about 6 yards from where I was standing. One of the men was lying on his left right side. I identify That man was wearing a white coat. The

14

other man was kneeling down at that time, and the bodies of the 2 men appeared to be touching. I heard one of the men say, the one who wore a dark suit at the time, “Let me up and I’ll have a piss and then I’ll have a cut at you.” The man who spoke then got up and made water through the fence, walking to the fence for that purpose. He turned back and the man in the white coat exclaimed “I’ve got the biggest (jeer ?) of any man in New South Wales and you ought to be able to get into it.” The man in the dark suit then stood down on his knees (the man in the white coat was then lying on his right side). The man in the dark suit then started moving his body

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backwards and forwards. From the position of the two men and the movement of the man wearing dark clothes I knew that the latter was having connection with the former. I then A few minutes later I heard footsteps coming round the corner from Queen Street. I walked in that direction and met Constables Pearce and Love. I said something to them. I than walked on towards Queen Street. After I got into Queen Street Constable Love overtook me and asked me to go and see Sergeant Moroney. I went with Constable Love to where I had previously seen the two men lying down and I there saw Sergeant Moroney and Constable Pearce. Sergeant

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Moroney and I had a conversation. That night I went with the Sergeant to the lock up and there saw the accused Brady and the accused Clarkson. I identified the accused Brady as the man I had seen from the corner of Alice Street on the night of the 3rd instant and I recognised the accused Clarkson as the man I saw with Brady that night.

    By accused Brady: Q. “Did you see us going into this enclosure?” “No.”

    By accused Clarkson: Q. “Where was we when you see us?” “You were inside the fence.” Q. “What was we doing there?” “You appeared to me to be committing sodomy.” Q. “Where was you when you see this?” “I was outside the fence on the footpath.”

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Q. “And we was in the paddock?” “Yes.” Q. “Did you know that I was drunk?” “Yes you appeared to me to be drunk.” Q. “Very drunk, wasn’t I?” “Yes I believe so.” Q, “So drunk that I couldn’t stand up?” “Well, I don’t know about that.” Q. “Was I lying down when you seen me or standing up?” “You were lying down.” Q. “I was too drunk to stand up?” “Well, I believe you were.”

[Signed] William Clements.

Taken and sworn at Barraba, this ninth day of February 1906 before us.
[Signed] John Jamieson, PM, William Smart, JP.

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This deponent Vitaliano Poggioli on his oath, saith as follows:–

    I am a legally qualified Medical Practitioner and reside at Barraba.

    By Sergeant Moroney: I remember the 3rd instant. You saw me on that date about half past eleven pm. Owing to something you said to me I came with you to the Barraba lock up. I saw at the lock up two accused Brady and the accused Clarkson both of whom are now before the Court. I examined both of these men. I examined the accused Clarkson first. I asked his age. He said he was 53 years of age. I then examined him in front and in the back, and I found

19

nothing unusual. I then examined the other man the accused Brady. I noticed that his penis was red as if it had been roughly used. Except this I found nothing unusual on his body. I examined the clothes of each of the accused I found on the inside of the back part of Clarkson’s pants two wet spots which appear to me to have the physical characteristics of human semen. With a view to submitting them to a microscopic examination to make sure of their nature I asked the Sergeant to cut away a piece of the trousers

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where the spots were, and cut the piece in two parts, giving me one piece to examine and the Sergeant to keep the other piece. The Sergeant did this. I took one piece and examined it, and with the microscope I detected that the wet spots were caused by semen because I found the presence of spermatozoa and that is a natural and infallible sign of human semen. It is hardly possible for the human semen which I found in the wet spots on the trousers of the accused Clarkson to have been the semen of Clarkson emitted whilst wearing the trousers himself. A man might have had

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connection with Clarkson that night without leaving any trace of the causation. In my opinion if someone had had connection with Clarkson that night prior to my examination of him I would not have been able to detect it. Both accused Clarkson and Brady had had a few drinks the same night that I examined them but neither of them was drunk.

    By accused Brady: Q. “You say I wasn’t drunk that night, doctor?” “No.”

    By accused Clarkson: “Wasn’t I drunk when you come in to the gaol?” “Not quite drunk.” Q. “I wasn’t real drunk, doctor?” “No.”

[Signed] V Poggioli.

Taken and sworn at Barraba this 9th day of February 1906 before us.
[Signed] John Jamieson, PM, William Smart, JP.

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(F. 2 – “Justices Act, 1902.”)

Statement of the Accused.

State of New South Wales, Barraba
TO WIT.                                             }

Joseph Brady (hereinafter called the defendant) stands charged before the undersigned, two of His Majesty’s Justices of the Peace in and for the said State, this eighth ninth day of February in the year of Our Lord one thousand nine hundred and six for that he, the said defendant, on the 3rd day of February 1906, at Barraba in the said State, did assault Joseph Clarkson and did commit with him the crime of buggery and the said charge being read to the said defendant, and the witnesses for the prosecution, Sergeant Moroney, Constable Pearce, Dr Poggioli, and William Clements 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 us the said Justices 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:– “For the past 3 days from Thursday till Saturday night I had been drinking very heavily, and on Saturday night in particular I was very much under the influence of drink, that drunk that I don’t remember meeting this man Clarkson, or I don’t know where I met him, and I never met the man in my life before. I don’t know the man at all. And this charge I have no recollection of committing the offence I am charged with. I don’t remember the policeman that brought me to the lock up. I have never been guilty of any indecent action in my life. I have led a honest life. Until the last 12 months I’ve given way to drink, I’ve never been before the Court in my life, until I came to Barraba 6 or 7 months ago.”

Taken before us and read over to the said defendant at Barraba in the said State, the day and year first above mentioned.
[Signed] John Jamieson, PM, William Smart, JP.

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(O 1, 11 & 12 Vic., Cap. 42.)

Recognizance to give Evidence.

State of New South Wales, Barraba
TO WIT.                                             }

Be it remembered, that on the 9th day of February in the year of Our Lord one thousand nine hundred and six George Augustus Moroney a Sergeant of the Police Force, Thomas Pearce of Barraba in the State of New South Wales, Constable of Police; Vitaliano Poggioli of Barraba in the said State, Medical Practitioner; and William Clements of Barraba in the said State, carpenter personally came before the undersigned, one of His Majesty’s Justices of the Peace for the State of New South Wales, 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, 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.

Taken and acknowledged the day and year first above mentioned, at Barraba in the said State, before me.
[Signed] John Jamieson, PM.

The condition of the within written Recognizance is such, that whereas Joseph Brady was this day charged before ----- Esquire ----- of Her Majesty’s Justices of the Peace for the said State, with that he did at Barraba on the 3rd February 1906 assault Joseph Clarkson and did commit with him the crime of buggery.

If therefore, they the before mentioned persons shall appear at the next Court of Quarter Sessions to be holden at Bingara in and for the State of New South Wales, on the 12th day of September next, 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 Joseph Brady for the offence aforesaid, to the jurors who shall pass upon the trial of the said Joseph Brady.

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

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(ii. Ordinary 2. – “Justices Act, 1902.”)

Certificate of Consent to Bail by the Committing Magistrate.

Whereas Joseph Brady was on the 9th day of February 1906, committed by me, the undersigned, a Justice of the Peace in and for the State of New South Wales, to the gaol at Bingara in the said State, charged with that he did at Barraba on the 3rd February 1906 assault Joseph Clarkson and did commit with him the crime of buggery. I do hereby certify, that I consent to the said Joseph Brady being bailed by Recognizance, himself in the sum of one hundred pounds and two sureties in the sum of fifty pounds each.

Dated the ninth day of February one thousand nine hundred and six at Barraba, in the said State.
[Signed] John Jamieson, PM.

25

G. 190.

New South Wales, Barraba
TO WIT.                                 }

REX.
versus
Joseph Brady

Offence: Buggery

    The accused stands committed to take his trial at the next Court of Quarter Sessions to be holden at Bingara, in the State of New South Wales, on the twelfth day of September 1906. Bail allowed the accused in £100 and two sureties in £50 each, or one in £

[Signed] John Jamieson, PM, William Smart, JP

JP.

Dated at the Police
Office, Barraba
in the said State,
this eighth 9th
day of February
AD 1906
4g 416 - 88

26

(F. 2 – “Justices Act, 1902.”)

Statement of the Accused.

State of New South Wales, Barraba
TO WIT.                                             }

Joseph Clarkson (hereinafter called the defendant) stands charged before the undersigned, two of His Majesty’s Justices of the Peace in and for the said State, this ninth day of February in the year of Our Lord one thousand nine hundred and six for that he, the said defendant, on the 3rd day of February 1906, at Barraba in the said State, was present aiding, abetting and assisting Joseph Brady to commit with him the crime of buggery and the said charge being read to the said defendant, and the witnesses for the prosecution, Sergeant Moroney, Constable Pearce, Dr Poggioli, and William Clements 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 us the said Justices, 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 came in here about 12 o’clock noon on Saturday last. I was drinking very heavily from that time until the hotel closed at 11 pm. I left Mr Moylan’s so drunk that the road was hardly wide enough for me. I don’t remember coming to the lock up at all on Saturday night.”

Taken before us and read over to the said defendant at Barraba in the said State, the day and year first above mentioned.
[Signed] John Jamieson, PM, William Smart, JP.

27

(O 1, 11 & 12 Vic., Cap. 42.)

Recognizance to give Evidence.

State of New South Wales, Barraba
TO WIT.                                             }

Be it remembered, that on the 9th day of February in the year of Our Lord one thousand nine hundred and six George Augustus Moroney a Sergeant of the Police Force, Thomas Pearce of Barraba in the State of New South Wales, Constable of Police; Vitaliano Poggioli of Barraba in the said State, Medical Practitioner and William Clements of Barraba in the said State, carpenter personally came before the undersigned, one of His Majesty’s Justices of the Peace for the State of New South Wales, 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, 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.

Taken and acknowledged, the day and year first above mentioned, at Barraba in the said State, before me.
[Signed] John Jamieson, PM.

The condition of the within written Recognizance is such, that whereas Joseph Clarkson was this day charged before John Jamieson and William Smart Esquires, two of His Majesty’s Justices of the Peace for the said State, with that on the 3rd February 1906 at Barraba he was present aiding, abetting, and assisting Joseph Brady to commit with him the crime of buggery.

If therefore, they the before mentioned persons shall appear at the next Court of Quarter Sessions to be holden at Bingara in and for the State of New South Wales, on the 12th day of September next, 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 Joseph Clarkson for the offence aforesaid, to the jurors who shall pass upon the trial of the said Joseph Clarkson.

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

28

G. 190.

New South Wales, Barraba
To Wit.                                }

REX.
versus
Joseph Clarkson

Offence: Aiding, abetting, and assisting Joseph Brady to commit Buggery with him

    The accused stands committed to take his trial at the next Court of Quarter Sessions to be holden at Bingara, in the State of New South Wales, on the twelfth day of September 1906. Bail allowed the accused in £100 and two sureties in £50 each, or one in £

[Signed] John Jamieson, PM, William Smart, JP

JP.

Dated at the Police
Office, Barraba
in the said State,
this eighth 9th
day of February
AD 1906
4g 416 - 88

29

(ii. 2. – “Justices Act, 1902.”)

Certificate of Consent to Bail by Committing Magistrate.

Whereas Joseph Clarkson was on the ninth day of February 1906, committed by me, the undersigned, a Justice of the Peace in and for the State of New South Wales, to the gaol at Bingara in the said State, charged with that on the 3rd February 1906 at Barraba he was present aiding, abetting and assisting Joseph Brady to commit with him the crime of buggery. I do certify, that I consent to the said Joseph Clarkson being bailed by Recognizance, himself in the sum of one hundred pounds and two sureties in the sum of fifty pounds each.

Dated the ninth day of February one thousand nine hundred and six at Barraba, in the said State.
[Signed] John Jamieson, PM.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Quarter Sessions Bingara
12th September 1906
Circuit Court, Armidale
18th April 1906
No. 5
Depositions. No. 41
Rex
v.
1. Joseph Brady
and
2. Joseph Clarkson
1. Sodomy
2. Aiding, abetting, and assisting to commit the same.
Committed at: Barraba
on: 9th February 1906

~ ~ ~ ~ ~

Court. Armidale
Date. 20.4.06
Cor. Cohen Judge.
Plea. Not guilty
Verdict. Guilty of attempt
Judgment. Brady – 12 months Grafton Gaol hard labour; Clarkson – Hard labour Grafton Gaol 12 months.
George CE Flannery
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.

~ ~ ~ ~ ~

Buggery
[Initial illegible]
14.2.06

~ ~ ~ ~ ~

Letter to Sheriff: Habeas, Subpoenas
20.2.06

~ ~ ~ ~ ~

Justice HE Cohen’s notebook   ⁶

1

April 20/06 Armidale Assizes (continued)
(Active) R v Brady (Joseph) (pathic)
(Pathic) Clarkson (Joseph) Agent
Buggery – Plea not Guilty

    George Augustus Moroney. Sergeant at Barraba. I know accused. On February 3/06 from something I was told, about 11.45 pm I went to a fenced enclosure at corner of Queen & Alice Streets Barraba. Constables Pierce ⁷ & Love were with me. I saw an object inside the enclosure & went in its direction, alone. The other two policemen continued down Queen Street towards intersection of the two streets. As I got towards object I heard murmur of voices & kept the object got under cover of shrub close to the object. I was then 10 yards from the object which turned out to be the two accused. Clarkson was lying on his stomach on the ground & Brady on his stomach on Clarkson’s back. I heard Clarkson say: you can’t get into me, have spell for a while. A man named Clements was standing 5 or 6 yards from two accused, a fence between him & them, an ordinary two rail fence about 4 feet 3 high. Clements (?) walked away & the two policemen were coming down Alice Street towards accused.

2

When Clements moved away, Brady got off Clarkson & sat beside him. I could then see that Clarkson’s trousers were down about his knees & his shirt & coat above his hips. I then walked over to them, struck a match, Clarkson at thi & Clarkson’s posterior was then naked. When I struck it, Clarkson said: no we were was not Sergeant. I said: you wasn’t what. He said: we wasn’t doing nothing. At same time he raised himself off the ground, caught his trousers with one hand & pulled them up. I lifted the light on Joseph Brady & saw the fly of his trousers unbuttoned all the way. Brady said: is that you Mr Moroney. I said: yes. Pearce & Love then came up. I said: Take note of the condition of these men, this man’s trousers (referring to Clarkson) are were down about his knees & he has just pulled them up. Clarkson said: yes I felt hot & wanted to get cool, I always sleep that way. Pierce caught hold of Brady from behind & pulled him back in a reclining position. After a few seconds I sent the two accused to the lockup with the police. I accompanied them along the street & called for Dr Poggioli. He & I followed to the lockup – directly afterwards.

3

The doctor examined the two accused in lockup – I was there. He examined their persons … then (?) Clarkson’s fundament. They were ordered to take their trousers off. Then the doctor examined Brady’s person, it was very red as if subjected to irritation. Next morning I charged 1 Pearce brought a pair trousers produced – they bore two wet stains on inside about the centre of seat. Doctor came also with Pearce & he & I closely examined the two red wet spots & I cut piece out of trousers where the spots were – I cut it in two, cutting through the two wet spots, leaving ½ of each spot in each piece. I gave one piece to the doctor & kept the other which is now produced, attached to the trousers. Next morning I charged accused. Clarkson made no reply. I said to Brady: I charge you that you did at Barraba &c assault Joseph Clarkson & commit buggery. I then charged Clarkson & then Brady said: I don’t recollect much about it myself, I’ve been drinking during the past few days & was stupid with drink. Both accused were under influence of drink when arrested – not drunk but nearly so.

    Cross-examined Brady. You had been drinking about town for a few days. On morning of February 4 when I I charged,

4

I don’t recollect saying you were stupid with drink but I do not doubt you were. On February 5 I was taking your finger tips ⁸ (?) were too shaky from some cause for me to do it – it may be from drink. You were not so far gone that you were shaking from that alone.

    Re-examined. They were held by the arm when going to the police station, but not for purpose to of assisting. They could converse & quite understood what was said to them.

    Thomas Pearce. Constable at Barraba. On the night of February 3 I was at corner of Queen & Alice Streets & saw two men standing near the fence. They stood for a little while & then went & laid down on vacant piece of land. About ¼ hour after I went back to see what accused were doing. The two accused were lying about 8 feet inside fence. Clarkson had his trousers down, both were lying on the right side & Brady was lying on his right side immediately behind him. I saw Brady’s body in motion – moving backwards & forwards. I heard one say: am I hurting you. The other replied: no, go on, I like it. I left & spoke to Moroney & Love. We three went

5

back. Moroney took cut at the corner of vacant land. Love & I went round corner to Alice Street. Just then a man Clements came to me & said something. Moroney struck match, when with both accused on vacant land. I was on the street. I jumped over fence. Moroney said: examine these men, this man (meaning Clarkson) just pulled his trousers up. Brady was sitting down. I pulled him back & saw all front of his trousers open. I took Brady to lockup. On the way Brady said: what are you charging me with Mr Pearce. I said: you will be charged with just what you have done. He said: I wish I had dropped dead before I saw Barraba. I was in lockup yard when doctor came. He examined both accused. I made Clarkson take his trousers off – I think doctor & Love present then – He I took the trousers into office, doctor examined them, Moroney cut a piece out of the seat. There were wet spots where Moroney cut out. I produce the trousers & piece. Tendered & put in. Exhibit “A”

    Cross-examined Brady. You had drunk but were not drunk. I hadn’t seen you for some months

6

prior to this night.

    William Clements. Carpenter at Barraba. On February 3 last about 11.30 pm I saw two men. I was in Alice Street in an enclosure or paddock – lying down – about 2 or 3 yards away when I 1st saw them – one was lying on his right side, as far as I remember. The other leaning down – he was having connection with him. He was quite close up to the other. I heard something which caused me to turn round & look. I saw Clarkson lying down & the other man having connection with him. I heard Clarkson say: I’ve the biggest posterior of any man in NSW, you ought to be able to get into it. After this I went & spoke to two constables – Love & Pearce.

    Cross-examined Brady. I hadn’t seen you before that night that I remember. I believe you were drunk. I don’t know about very drunk.

    To me. I was about 3 or 4 yards away when I saw one man having connection with the other. I was standing broadside to them. There was moon … about 1st quarter – it was clear though. I saw Brady’s body moving – I didn’t see the person. I say they had connection

7

because Brady was moving – Clarkson had his pants down.

    I read from Dr Poggioli’s deposition (he not being able to be present): “I then examined him (Clarkson) & found nothing unusual.”

Crown case closes.

Brady’s defence.

    Joseph Brady. Accused. On the 1st, 2nd & 3rd February I was drinking very heavily & on the 3rd in particular at a late hour at night. I was very stupid drunk – I completely lost my senses & have no recollection of committing the crime I am charged with. Accused Clarkson is a perfect stranger to me. I don’t know him – or remember meeting him, or where I met him. I have no recollection of being in his company at all on that date. Moroney & Pearce are two gents I know fairly well by seeing them, & have no recollection of seeing either on

8

night of February 3 last. I had no idea of what I was being charged with – until he Moroney read the charge in lockup yard at Barraba on February 4.

    Cross-examined. I am a laborer. I principally follow working for farmers. I came to Barraba on February 2.

Defence closes.

    Clarkson says he was drunk & didn’t know anything about it.

Verdict Guilty of attempt as to each prisoner.

Re Joseph Brady –
3/7/05    Barraba Police Court  Drunkenness         1/- with the (?)
14/7/05  ditto                        Indecent language 10/- or 7 days
5/8/05    ditto                        Drunkenness         2/6 or 12 hours

Sentence 12 months imprisonment with hard labour in Grafton Goulburn Gaol.

9

Re Clarkson.
4/5/1899        Inverell Police Court  Drunkenness          5/- or 24 hours
11/5/1899      ditto                        Indecent language  1 month hard labour
22/12/99        ditto                        Drunkenness          2/6 or 24 hours
6/3/00           ditto                        ditto                      10/- or 7 days
ditto              ditto                        Indecent language  40/- or 1 month
14/5/00Drunk ditto                        Drunk                    10/- or 3 days
12 other police court offences from (?) 12 hours to a month. Last 22/1/06.

Sentence 12 months imprisonment with hard labour in Grafton Gaol

I declare the Gaols delivered.

~ ~ ~ ~ ~

The Armidale Express and New England General Advertiser, Fri 20 Apr 1906 ⁹

ARMIDALE CIRCUIT COURT.

    The Circuit Court opened at 10 o’clock on Wednesday morning before his Honor Mr Justice Cohen.

    Mr Horace De Lissa was Judge’s Associate.

    Mr G Flannery prosecuted for the Crown and the other members of the Bar present were Messrs Garland, Mocatta, and White. Messrs Kearney, MLA., DP Claverie, H Weaver, and H Crossman (Glen Innes) represented the other branches of the profession.

    Mr C Lawson, PM., acted as Deputy-Sheriff, and Mr Uther, of the Crown Law Office, was also present. On the jury list being called Mr W Smith, on the testimony of Dr Clune, was excused from attendance. Mr Alfred Taylor was fined 40s for non-attendance.

~ ~ ~ ~ ~

The Armidale Chronicle, Sat 21 Apr 1906 ¹⁰

ARMIDALE CIRCUIT COURT.

    The Armidale Circuit Court opened at Armidale on Wednesday. His Honor Mr Justice Cohen presiding.

    Mr Corbett Lawson, Police Magistrate, represented the Sheriff.

    The following members of the legal profession were present:– Barristers: Messrs CE Flannery (Crown Prosecutor), J Garland, WH Mocatta, and CA White. Solicitors: Messrs AW Simpson, JA McDonald, H Weaver, SJ Kearney, DP Claverie (Armidale), and HR Crossman (Glen Innes).

    Mr Horace De Lissa was Judge’s Associate, and Mr Uther, from the Crown Law Office, instructed the Crown Prosecutor.

    Superintendent Cameron was present in Court.

    Wm Smith was excused from attendance as a juror, Dr Clune having given evidence that he was too unwell to be present. GB Hardaker and Alleine Fletcher were also excused. Alfred Taylor sent a telegram to the effect that he had missed the train. His Honor said he could only deal with an excuse given on oath, he would therefore fine Mr Taylor 40s, pending his personal explanation.
…

ALLEGED UNNATURAL OFFENCE.

    Joseph Brady and Joseph Clarkson were charged with an unnatural offence.

    The following jury was empannelled:– [sic] Messrs J McIntyre, Jos Page, GJ Dixon, MA McLennon, C Mott, WJ Page, DW Dixon, F Rixon, jr., WB Frizell, WJ Hawke (foreman), FJ Wright, and JA Young.

    (At this stage a witness entered the box in an evident state of “obfuscation.” He assured the Judge that he had not been “worshipping at the shrine of Bacchus,” but, on the contrarary, [sic] had been suffering from toothache. His Honor said that he did not like to doubt his word, and that, if mistaken, would apologise. He asked the would-be witness to retire, and promise not to “touch anything” until again called).

    Sergt. Maroney, [sic] of Bundarra, [sic] gave evidence as to the arrest of accused, etc. When charged, on Friday 3, 1906, Brady said he had no recolllection [sic] of the occurrence, as he had been drinking and was stupid with drink. Both accused were under the influence of drink.

    To accused: You were nearly drunk when arrested. I have no doubt you were stupid with drink. Took your finger-prints on the Monday. You were “shaky,” probably from drink.

    (It was mentioned that the doctor from Barraba, who gave evidence at the Police Court trial, was unable to attend, and a copy of his evidence was handed to the accused).

    Constable Pearce gave evidence as to what he saw, and as to the arrest of accused and the charge.

    S Clements deposed that he saw both accused on the night in question, and described what he saw and heard.

    To accused Brady: You were drunk that night – can’t say you were very drunk.

    Accused Joseph Brady deposed that on the 1st, 2nd, and 3rd February last he was drinking very heavily, and [some text missing here] stupid drunk, and comparatively lost his senses. He had no recollection whatever of committing the crime.

    Clarkson made a statement, to the effect that he was drunk, and knew nothing of the matter.

    Brady addressed the jury, saying that he had never been charged with any crime before, and asked them to take the fact his having been drunk into consideration, and do what they could in his favor.

    His Honor, in reviewing the evidence, said that the accused said they were drunk. This was no excuse – men could not get themselves into a state of stupidity through drink, and then claim immunity from the consequences. The evidence of the two police officers and of Clements went to show that the men, although drunk, were not very drunk.

    The jury retired at 3.55, and, after a brief deliberation, returned a verdict of guilty, whereupon His Honor imposed a sentence of 12 months’ hard labor, in Grafton Gaol, on each accused.

~ ~ ~ ~ ~

The Armidale Express and New England General Advertiser, Tue 24 Apr 1906 ¹¹

ARMIDALE CIRCUIT COURT.

…

Friday, April 20.

    The Circuit Court re-opened on Friday morning at 10 o’clock.
…

UNNATURAL OFFENCE.

    Joseph Brady and Joseph Clarkson, in custody, were charged with the commission of an unnatural offence at Barraba.

    Both accused pleaded not guilty and were undefended. The following jury was sworn: – J McIntyre, J Page, G Rixon, MA McLennan, C Mott, WJ Page, DW Dixon, F Dixon, Jun., WB Brizell, WJ Hawke, TJ Wright, and JA Young.

    The Crown Prosecutor very briefly related the fact of the Crown case and called Sergeant Moroney of Barraba who gave evidence as to the arrest of the accused and the circumstances connected therewith. They were both under the influence of liquor at the time.

    The Court adjourned till 2 pm.
…
    The trial of Joseph Brady and Joseph Clarkson for an alleged unnatural offence was resumed and evidence was given by Constable Pearson [sic] and a witness named Clements.

    Both accused pleaded drunkenness, and entire ignorance of the crime.

    His Honor rapidly summed up, and the jury after a short deliberation brought in a verdict of guilty of attempt, and accused were each sentenced to 12 months’ imprisonment with hard labour in Grafton gaol.

    The Court adjourned till 9.30 on Saturday.

~ ~ ~ ~ ~

The Armidale Argus, Sat 28 Apr 1906 ¹²

    THE COURT.– The Circuit Court and Divorce Cases ran out to considerable length. The tradespeople do not object as the visitors must live somehow. Throughout the proceedings Mr Justice Cohen retained that characteristic perseverance for which he is so noted. In accordance with custom the Judge entertained the legal fraternity at a dinner on Saturday night. His Honor congratulated the band on its performance in front of the Hotel and treated them to refreshments. On Sunday the visiting members of the profession were taken to Hillgrove by Messrs SJ Kearney MLA, and Mr Jack Simdson where they were shown the mines. Though somewhat awe inspiring in the sombre Court House the members of the bar have always been noted for a great capacity to enjoy all that is going on in the way of fun once the wig and gown are doffed.

~ ~ ~ ~ ~

Joseph Brady, Gaol photo sheet ¹³ 

---

Gaol Photo Sheet - Transcribed Details

No. 44/06

Date when Portrait was taken: 11 June 1906

Name: Joseph Brady

Native place: Maitland NSW Year of birth: 3 May 1876 Arrived       Ship: BC in Colony }   Year: BC Trade or occupation previous to conviction      } Labourer Religion: Ramon Catholic Education, degree of: R&W Height: 5' 10" Weight     On committal: 152 in lbs     } On discharge: Colour of hair: Light brown Colour of eyes: Blue

Marks or special features: 5 small scars on back

(No. of previous Portrait ... )  CONVICTIONS
Where and When				Offence.	Sentence
Barraba P.O ditto ditto Armidale G.D	3 14 5 20	7 7 8 4	1905 1905 1905 1906	Drunkenness Indecent language Drunkenness Attempt to commit sodomy Convicted with Joseph Clarkson	1/- or rising of Court. Fine paid 3.7.05 10/- or 7 days HL. Fine paid 14.7.05 2/6 or 12 hours HL. Fine paid5.8.05 12 months HL

~ ~ ~ ~ ~

Joseph Clarkson, Gaol photo sheet ¹⁴

---

Gaol Photo Sheet - Transcribed Details

No. 134 Grafton
D’Hurst

Date when Portrait was taken: 9 May 1906

Name: Joseph Clarkson

Native place: Armidale NSW Date Year of birth: 10 March 1854 Arrived       Ship: in Colony }   Year: Trade or occupation previous to conviction  } Laborer Religion: C of E Education, degree of: Nil Height: 5' 6¼" Weight     On committal: 142 in lbs     } On discharge: Colour of hair: Dark Brown Colour of eyes: Blue

Marks or special features: Fingers on both hands broken. Left hand slightly deformed. Burn mark left forearm ruptured

(No. of previous Portrait ... )  CONVICTIONS
Where and When				Offence.	Sentence
Inverell PC ditto ditto ditto ditto ditto ditto ditto ditto Barraba PC ditto ditto ditto ditto Inverell PC ditto ditto ditto Barraba PC Armidale CC	11 11 20 6 6 14 14 19 19 26 19 20 20 25 27 19 26 27 22 20	5 5 12 3 3 5 5 7 7 2 3 3 3 9 2 9 12 12 1 4	1899 1899 1899 1900 1900 1900 1900 1900 1900 1901 1901 1901 1901 1901 1904 1904 1904 1904 1906 1906	Drunk Indecent language Drunk  Drunk Indecent language Drunk Indecent language Drunk Indecent language Drunk Profane language Drunk & Disorderly  Indecent language Drunk Drunk Drunk Drunk & disorderly Drunk Drunk Attempt Sodomy	5/- or 24 hours Hl. Served 40/- or 1 month HL. Served 5/- or 24 hours HL. Paid fine 10/- or 7 days HL. Served 40/- or 1 month HL. Served 10/- or 3 days HL. Served 60/- or 1 month HL. Served 20/- or 7 days HL. Served 80/- or 1 month HL. Served 5/- or 24 hour HL. Served 5/- or 24 hour HL. Served 5/- or 24 hours HL. Served 10/- or 7 days HL. Served 2/6 or 12 hours HL. Served 5/- or 24 hours HL. Served 5/- or 24 hours HL. Served 5/- or Rising of Court. Served 10/- or 3 days HL. Served 1/- or 2 hours HL. Served 12 months HL

 

---

¹     The Barraba and Manilla News, Sat 17 Feb 1906, p. 9.

²     SRNSW: NRS880, [9/7110], Supreme Court, Papers and depositions, Armidale, 1906, No. 41. Emphasis added.

³     Mn: Exhibit A

⁴     Mn: Exhibit B

⁵     Mn: Exhibit A

⁶     SRNSW: NRS5788, [2/2734], Judiciary, HE Cohen, J. Notebooks Circuit Court, 1895-1910, pp. 1-9. Emphasis added.

⁷     Subsequently throughout, Pearce.

⁸     Probably contemporary term for finger prints.

⁹     The Armidale Express and New England General Advertiser, Fri 20 Apr 1906, p. 4.

¹⁰   The Armidale Chronicle, Sat 21 Apr 1906, pp. 2, 6. Emphasis added.

¹¹   The Armidale Express and New England General Advertiser, Tue 24 Apr 1906, p. 4.

¹²   The Armidale Argus, Sat 28 Apr 1906, p. 1.

¹³   SRNSW: NRS1989, [3/6003], Armidale Photograph description books, 1894-1915, No. 113, p. 116, R5083.

¹⁴   SRNSW: NRS2258, [3/5993], Grafton Gaol photographic description book, Nov 1894-Jun 1910, No. 134, p. 136, R5125. Emphasis added.

---