The Goulburn Herald, Mon 12 Mar 1906 1
GOULBURN POLICE COURT.
———◦———
Monday
Before [Ernest Leslie Maitland] the PM., and Mr [Samuel Harborne] Belcher.
…
COMMITTED FOR TRIAL.
Kieran Dolan (65) was charged with a serious offence, and after evidence had been taken was committed for trial to the Circuit Court to be held at Goulburn on April 18. Bail allowed – accused in £80 and two sureties in £40 or one in £80.
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Goulburn Evening Penny Post, Tue 13 Mar 1906 2
GOULBURN POLICE COURT.
————
Monday, March 12.
Before the PM., and Mr Belcher.
…
A SERIOUS CHARGE.
Kieran Dolan, an old man, was charged with a serious offence. After evidence, heard with closed doors, the accused was committed for trial at the Circuit Court on April 18. Bail was allowed – self in £80, with two sureties of £40 each, or one in £80.
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Depositions for Kieran Dolan 18 Apr 1906 Goulburn trial 3
(a) Town. |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Rex v. (b) Kieran Dolan |
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(c) Offence. |
(c) Indecently assaulting a male person |
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(d) Town. |
Police Office, (d) Goulburn |
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23rd March1905 |
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Sir, |
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I have the honor, by direction of the Bench of Magistrates, |
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to transmit herewith under separate cover the Depositions, and other documents in the |
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(e) Name of accused |
case of (e) Kieran Dolan |
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(f) “His” or “her” |
who has been committed to take (f) his |
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(g) “Circuit Court,” or |
trial at the (g) Circuit Court |
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to be held at (h) Goulburn |
on Wednesday |
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(h) Town where Court |
the 18th day of April 1906 |
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The accused is (i) has been admitted to bail. Self in £80 and John Purcell, hotel keeper of Union Street, Goulburn in £80. |
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(i) “Is confined in the |
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(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) for the Crown: Charles McHardy, of Goulburn, Senior Sergeant of Police; Sidney William Hutchins of Goulburn, newspaper carrier, and George Duck of Goulburn, Hospital attendant. For the defence: Nil.
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(l) Short description to enable identification. |
The Exhibits enclosed are (l) Nil |
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I have the honor to be, |
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[Signed George] T[heophilus] S[aunders] Boileau |
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Clerk of Petty Sessions |
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The Under Secretary, |
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Department of the Attorney General and of Justice. |
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N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates |
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4g 201-90 |
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NEW SOUTH WALES POLICE.
Southern District,
Goulburn Station.
14th March 1906.
Report relative to antecedents of:–
Name: Kieran Dolan
Offence: Indecent assault on a male person
Committed for Trial at: Goulburn Circuit Court
Date: 18th April 1906
Senior Sergeant McHardy reports:—That accused has been residing in Goulburn for the last ten years previous to which he resided for many years in Sydney. He is 65 years old, and, up to the date of this charge, has always borne a good character. No convictions are recorded against him.
[Signed] C McHardy, Senior Sergeant.
1
Depositions of Witnesses.
New South Wales, Goulburn
TO WIT. }
The examination of Charles McHardy of Goulburn in the State of New South Wales, Senior Sergeant of Police; Sidney William Hutchins, of Goulburn in the said State, newspaper carrier and George Duck, hospital attendant of Goulburn in the said State, taken on oath this 12th day of March in the year of Our Lord one thousand nine hundred and six at the Goulburn 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 Kieran Dolan who was charged this day before us for that he the said Kieran Dolan on the 5th day of March in the year of Our Lord one thousand nine hundred and six at Goulburn in the said State, indecently did assault Sidney William Hutchins, a male person.
[Signed] EL Maitland, PM, S Harborne Belcher, JP.
2
Police Charge, No. 53
12.3.06
Court of Petty Sessions, Goulburn
7th March 1906.
Kieran Dolan on the 5th March 1906 at Goulburn did unlawfully indecently assault Sidney William Hutchins, a male person.
Mr AM Betts, attorney appears for the accused.
3
This deponent Charles McHardy on his oath saith as follows:– I am a Senior Sergeant of Police stationed at Goulburn. About 12.30 this afternoon in company with Senior Constable Avery I arrested the accused at North Goulburn. I brought him to the lock up and charged him that he did, on the 5th March 1906, at Goulburn indecently assault one Sidney Hutchins a male person. He said, “I did not.” I apply for a remand until 11 o’clock on Monday next for the purpose of procuring further evidence.
By Mr Betts: Apart from this case the accused has borne a very good character.
[Signed] Charles McHardy.
Taken and sworn this 7th day of March 1906, at Goulburn, in the State of New South Wales, before.
[Signed] GS Boileau, JP.
4
Police
versus
Kieran Dolan.
Indecent Assault upon a Male Person.
Remanded until Monday the 12th instant at 11 o’clock. Bail allowed self in £50 with two sureties in £25 each or one in £50.
[Signed] GS Boileau, JP.
Court House, Goulburn, 7th March 1906.
5
Recognizance of Bail on the Adjournment of the Hearing.
(Divisions 1 & 2, “Justices Act, 1902,” Sections 34 & 69.)
State of New South Wales, Goulburn
TO WIT. }
Be it remembered, that on the seventh day of March in the year of Our Lord one thousand nine hundred and six Kieran Dolan of Maude Street Goulburn in the State of New South Wales, and John Purcell of Union Street Goulburn in the said State, hotel keeper, personally came before me, the undersigned, one of His Majesty’s Justices of the Peace for the said State, and severally acknowledged themselves to owe our Lord the King several sums following, that is to say: the said Kieran Dolan the sum of fifty pounds, and the said John Purcell the sum of fifty 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 he the said Kieran Dolan shall fail in the condition indorsed.
[Signed] Kieran Dolan, John Purcell.
Taken and acknowledged, the day and year first above mentioned at Goulburn in the said State, before me.
[Signed] GS Boileau, JP.
CONDITION.
The condition of the within written Recognizance is such, that whereas the within bound Kieran Dolan was on the 7th day of March, 1906 charged before George Theophilus Saunders Boileau Esquire, one of His Majesty’s Justices of the Peace for the said State, with committing an indecent assault upon Sidney William Hutchins, a male person at Goulburn on the 5th March 1906.
And whereas the hearing of such charged is adjourned until the 12th day of March, 1906, if therefore the said Kieran Dolan shall appear on the said 12th day of March, 1906, at 11 o’clock in the forenoon, at the Police Office, Goulburn, in the said State, before such Justice or Justices of the Peace for the said State as may then be there, to answer further to the said charge, and to be further dealt with according to law, then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] GS Boileau, JP.
6
This deponent Charles McHardy on his oath saith as follows:– I am a Senior Sergeant of Police stationed at Goulburn. Last Saturday, about noon I saw the defendant in North Goulburn, in the presence of a boy named Sidney Hutchins. I said to him, “This boy (referring to Hutchins), says that on the 5th instant, about noon, you were digging in your potato patch there (pointing to a potato patch some yards from where we were standing), and that he came along with the newspapers and came into your potato patch and that you then went over to him, and undid the fly of his trousers and pulled out his penis, and started working his penis up and down: also that you worked his penis up and down for 3 or 5 minutes, until a man named Duck came along and looked over the fence. The boy says that he then saw Duck, and that he said to you ‘Stop, there is somebody looking at us.’ – and you then went out of the potato patch, he went out after you and you locked the gate of it and you went away.” The accused said, “It’s not true, it’s all nonsense.” About He also said, “About noon on the day mentioned I was in the potato patch weeding the ground, and this boy came along delivering the newspapers and he came on to the allotment but I never touched him – I never touched the boy at all.” I said, “Did you see Duck?” He said, “Yes, Duck came along and looked over the fence and asked for a paper, and the boy went over to the fence and gave him a paper.” This conversation took place in the presence of the boy Hutchins and also Senior Constable Avery. I then arrested the accused and charged him with indecently assaulting one Sidney Hutchins, a male person at Goulburn on the 5th March 1906. He said, “I didn’t do it.”
7
I made a mistake in saying that I had the conversation with the accused on last Saturday. It was on Wednesday the 7th instant that the conversation took place.
By Mr Betts: I have known the accused about six or seven years. During that time his general character has been always good.
[Signed] Charles McHardy.
Taken and sworn this 12th day of March 1906, at Goulburn, in the State of New South Wales, before.
[Signed] EL Maitland, PM, S Harborne Belcher, JP.
8
This deponent Sidney William Hutchins on his oath saith as follows:– I am employed delivering newspapers and reside in Goulburn. I know the defendant now before the Court by sight. I do not know his name, but I have seen him before. I know where there is a potato patch in North Goulburn where he works. The potato patch is situated between Lachlan’s and Avery’s. I had occasion to go to that potato patch on one day recently. I saw the defendant in the potato patch. It was on the 6th instant, I think that I saw the accused there. It was on a Tuesday I think. I went into the potato patch to make water. The accused was pulling some weeds. The accused came over to where I was just as I was doing the fly of my trousers up. He caught hold of my penis and commenced rubbing it up and down. This continued for about 3 minutes. I then saw some man looking at us. He was outside the fence. I did not know that name of the man at the time. His name is Duck. After I saw him I said to the accused, “Stop, there is a man looking.” Duck asked me for a paper. I went over and gave him one and the accused then went outside. I went across the allotment to give Duck the paper and after that I went out of the gate after the accused. The accused then locked the gate and went away. It is a closed paling fence around his allotment. I undid the fly of my trousers myself when I went in to make water. I made a statement to Senior Sergeant McHardy.
By Mr Betts: When I went into the allotment the accused was about 20 yards away. I had known the accused by sight before and had spoken to him a couple of times – saying “Good-day.” I did not say anything at all to him when I went in to the paddock. The gate was not
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closed. It was open enough for me to get through. I never spoke to him at all in any way when I went into the paddock. I did not think it necessary to speak to him. I went to make water near the fence in the corner of the paddock, quite close to the street. I saw him when I first went in. I did not even say “Good-day” to him. He was not looking towards me. Before I buttoned up my trousers he came over to me. This went on for 3 minutes. I am 17 years of age. I know that what the accused was doing to me was improper. I could not easily have got away from him. The gate was shut. I did not make any attempt to get away from him. I did not tell him that I objected to it. I did not say anything at all. When he came over to me he said something but I did not exactly catch what it was. He then caught hold of me in the way I have said. I did not make any objection at all until Duck came over to the fence. I made no complaint to my father or anybody that same day. He used his right hand. He did not catch hold of me in any other way. He did not catch me with his left hand. He did not put his left arm round me.
By Bench: I had been in this paddock before. The old man was there then. I spoke to him on that occasion.
[Signed] Sidney Hutchins.
Taken and sworn this 12th day of March 1906, at Goulburn, in the State of New South Wales, before.
[Signed] EL Maitland, PM, S Harborne Belcher, JP.
10
This deponent George Duck on his oath saith as follows:– I am an attendant at Kenmore Hospital for the Insane and reside in Chantry Street, North Goulburn. I know the defendant now before the Court. I know where his paddock is, at the corner of Maude and Murac Streets. I now know a boy named Sidney Hutchins. I met him this morning. That is the boy now pointed out to me in Court. I remember seeing him in accused’s potato paddock. It was on Monday the 5th instant. The defendant was in the paddock beside the boy. I went over to the paddock to get a paper from the boy. I saw him going in the direction of Constable Avery’s, and I thought to meet him coming back. There is a paling fence round the paddock, and about 5 feet high. It is a paling fence. This was about between 12 and 1 o’clock. When I was some distance off I first saw the boy standing some distance off near the corner. I went close to the fence and looked over it, and saw the accused sitting on the lower rail of the fence. The boy was standing up close to him. The boy had his penis out and had an erection, and the accused was rubbing it up and down. This continued for a few seconds while I was looking at them. I was looking over the fence, about 10 or 12 yards or so off the boy. The boy looked up and saw me looking at him. When he saw me he said “There is a man looking at us.” The accused then put the boy’s penis back in his trousers. Then I called the boy over and got a paper from him. The accused got up off the fence and picked up some weeds. He took them outside the paddock. He went out through the gate. After I got the paper the boy then went out the gate.
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By Mr Betts: When I saw what was going on I was on the street close to the fence. Dolan was sitting on the lower rail of the fence near the gate, and at the opposite corner to where I was. Dolan was facing me. The boy had his side to me. His back was to the gate. Dolan was not sitting in the corner of the fence close to the street, but at the opposite corner. I was about 12 yards from the boy. The boy when I first saw him was looking towards Chantry Street, with his side to me. He had to turn his head a bit to one side to see me. I never said a word up to the time that he saw me. I did not call out. From where I was standing, and from the position of the accused and the boy, I will swear that I could see what I have said. I said nothing to the accused when he was close to me after he had come through the gate out of the paddock. I could not say whether the accused owns the paddock.
[Signed] George Duck.
Taken and sworn this 12th day of March 1906, at Goulburn, in the State of New South Wales, before.
[Signed] EL Maitland, PM, S Harborne Belcher, JP.
12
(F. 2 – “Justices Act, 1902.”)
Statement of the Accused.
State of New South Wales, Goulburn
TO WIT. }
Kieran Dolan (hereinafter called the defendant) stands charged before the undersigned, two of His Majesty’s Justices of the Peace in and for the State, this 12th day of March in the year of Our Lord one thousand nine hundred and six for that he, the said defendant, on the 5th day of March 1906, at Goulburn in the said State, indecently did assault Sidney William Hutchins, a male person and the said charge being read to the said defendant, and the witnesses for the prosecution, Charles McHardy, of Goulburn in the State of New South Wales, Senior Sergeant of Police, Sidney William Hutchins of Goulburn in the said State, newspaper carrier and George Duck, of Goulburn in the said State, hospital attendant 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 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 reserve my defence.”
[Signed] Kieran Dolan.
Taken before us and read over to the said defendant at Goulburn in the said State, the day and year first above mentioned.
[Signed] EL Maitland, PM, S Harborne Belcher, JP.
13
G. 190.
New South Wales, Goulburn
TO WIT. }
REX.
versus
Kieran Dolan
Offence,— Indecent assault upon a male person
The accused stands committed to take his trial at the next Court of Circuit Court to be holden at Goulburn, in the State of New South Wales, on the eighteenth day of April 1906. Bail allowed the accused in £80 and two sureties in £40 each, or one in £80.
[Signed] EL Maitland, PM, S Harborne Belcher, JP
JP.
Dated at the Police
Office, Goulburn
in the said State,
this twelfth
day of March
AD 1906
4g 416 - 88
14
“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Goulburn
TO WIT. }
Be it remembered, that on the 12th day of March in the year of Our Lord one thousand nine hundred and six Charles McHardy a Senior Sergeant of the Police Force, stationed at Goulburn in the State of New South Wales, and George Duck of Goulburn in the said State, hospital attendant 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] George Duck, Charles McHardy.
Taken and acknowledged, the day and year first above mentioned, at Goulburn in the said State, before me.
[Signed] EL Maitland, PM.
The condition of the within written Recognizance is such, that whereas one Kieran Dolan was this day charged before Ernest Leslie Maitland and Samuel Harborne Belcher Esquire one of His Majesty’s Justices of the Peace for the said State, for that on the 5th day of March in the year one thousand nine hundred and six at Goulburn in the said State, he the said Kieran Dolan indecently did assault Sidney William Hutchins, a male person.
If, therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Goulburn in and for the State of New South Wales, on Wednesday the 18th day of April 1906, at nine of the clock in the forenoon, and then and there give such evidence as they know, upon and information to be then and there preferred against the said Kieran Dolan for the offence aforesaid, to the jurors who shall pass upon the trial of the said Kieran Dolan.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] EL Maitland, PM.
15
“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Goulburn
TO WIT. }
Be it remembered, that on the 12th day of March in the year of Our Lord one thousand nine hundred and six John Hutchins of Goulburn in the State of New South Wales, carpenter personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged himself to owe Our Sovereign Lord the King the sum of
FORTY POUNDS
of good and lawful money of Great Britain, to be made and levied of his goods and chattels, lands and tenements, respectively, to the use of our said Lord the King, his Heirs and Successors, if he the said before mentioned person shall fail in the condition indorsed.
[Signed] John Hutchins.
Taken and acknowledged, the day and year first above mentioned at Goulburn in the said State, before me.
[Signed] GS Boileau, JP.
The condition of the within written Recognizance is such, that whereas one Kieran Dolan was this day charged before Ernest Leslie Maitland and Samuel Harborne Belcher Esquire, two of His Majesty’s Justices of the Peace for the said State, for that he the said Kieran Dolan on the 5th day of March in the year One Thousand Nine Hundred and Six at Goulburn in the said State, indecently did assault Sidney William Hutchins, a male person.
If, therefore, he the said John Hutchins shall cause his son Sidney William Hutchins to appear at the next Circuit Court to be holden at Goulburn in and for the State of New South Wales, on Wednesday the 18th day of April 1906, at nine of the clock in the forenoon and then and there give such evidence as he the said Sidney William Hutchins knows, upon and information to be then and there preferred against the said Kieran Dolan for the offence aforesaid, to the jurors who shall pass upon the trial of the said Kieran Dolan.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] GS Boileau, JP.
16
Recognizance of Bail on Committal for Trial.
State of New South Wales, Goulburn
TO WIT. }
Be it remembered, that on the 12th day of March, in the year of Our Lord one thousand nine hundred and six, Kieran Dolan of North Goulburn, in the State of New South Wales, labourer and John Purcell, of Union Street, Goulburn in the said State, hotel keeper personally came before me, the undersigned, one of His Majesty’s Justices of the Peace for the said State, and severally acknowledged themselves to owe Our Sovereign Lord the King the several sums following (this is to say); the said Kieran Dolan the sum of eighty pounds; and the said John Purcell the sum of eighty pounds 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 our said Lord the King, his Heirs and Successors, if he the said Kieran Dolan shall fail in the condition indorsed.
[Signed] Kieran Dolan, John Purcell.
Taken and acknowledged the day and year first above mentioned, at Goulburn, in the said State, before me.
[Signed] GS Boileau, JP.
Condition in Ordinary Cases.
The condition of the within written Recognizance is such, that whereas the said Kieran Dolan was on the 12th day of March 1906, charged before Ernest Leslie Maitland and Samuel Harborne Belcher Esquires, two of His Majesty’s Justices of the Peace for the said State, with indecently assaulting Sidney William Hutchins a male person at Goulburn in the said State, on the 5th day of March 1906. If therefore the said Kieran Dolan will appear at the next Circuit Court to be holden at Goulburn in and for the State of New South Wales, on Wednesday the 18th day of April 1906, at nine of the clock in the forenoon, and then and there surrender himself into the custody of the Keeper of the Gaol there, and plead to such information as may be filed against him for or in respect of the charge aforesaid, and take his trial upon the same, and not depart the said Court without leave, – then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] GS Boileau, JP.
17
Affidavit of Justification.
New South Wales, Goulburn
To Wit. }
Rex
versus.
Kieran Dolan
John Purcell of Union Street, Goulburn in the said State of New South Wales, hotel keeper offers himself as bail for the above named Kieran Dolan makes oath and saith and first this deponent, the said John Purcell for himself saith, “I am an hotel keeper residing at Union Street Goulburn in the said State, and am worth property to the amount of eighty pounds over and above all my just debts and liabilities, and over and above every other sum for which I am now bail or surety.
[Signed] John Purcell.
Sworn at Police Office, Goulburn in the State aforementioned, by said John Purcell the 12th day of March in the year of Our Lord one thousand nine hundred and six before me, the undersigned, one of His Majesty’s Justices of the Peace in and for the State of New South Wales.
[Signed] GS Boileau, JP.
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[On the depositions’ cover sheet is the following]
Circuit Court,
Goulburn
AG’s No. 6/69
Depositions. No. 4
CS’s No. 1
Rex
v.
Kieran Dolan (Bail)
Indecent assault on a male person
Committed at: Goulburn
on: 12 March 1906.
~ ~ ~ ~ ~
Court. Goulburn Circuit
Date. 18 April 1906
Cor. Darley CJ Judge.
Plea. Guilty
Verdict. ----
Judgment. 1 year hard labour Goulburn Gaol
DS Edwards
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.
~ ~ ~ ~ ~
Indecent assault on a male person
[Initial illegible]
19.3.06
Approved
CGW [Charles Gregory Wade]
21/3/06
The Crown Solicitor (Criminal Law Branch)
[Initialled] EWT for U[nder] S[ecretary]
~ ~ ~ ~ ~
Justice FM Darley’s notebook 4
12
[Goulburn, Wednesday 18 April 1906]
5 Rex v Kieran Dolan – Did on 5th March indecently assault Sydney 6 William Hutchins a male person.
Plea guilty – Mr Betts will call witnesses as to character.
Friday 20th February 06 7
William Avery examined Betts. Senior Constable stationed Goulburn. Know him for 8 years. Very good character. Know nothing against him whatever.
Charles McHardy examined Betts. I am a Senior Sergeant. Have known prisoner for 6 or 7 years – He has borne a very good character apart from this offence.
Jacob Knott examined Betts. Headmaster Public School North Goulburn. Know prisoner 8 or 9 years. He has always borne an excellent character. His sons have been good living men.
Four written characters.
One year’s imprisonment with hard labour – Goulburn Gaol.
~ ~ ~ ~ ~
The Goulburn Herald, Wed 18 Apr 1906 8
GOULBURN ASSIZES.
———◦———
OPENED this morning before his Honor Chief Justice Darley. Mr Edwards was Crown Prosecutor, and he was instructed by Mr Curtis, from the Crown Solicitor’s office. Captain Darley was Judge’s Associate, and the Sherif, Mr CE Maybury was present in person.
The legal profession was represented by Messrs James and Clive Teece (barristers), Sydney, and Messrs AM Betts, AK Sendall, E Howard, EF Thomas, PJ Meyer, EA Betts, M Moriarty (Braidwood) and Weeks (Gundagai) solicitors.
JURORS FINED.
F Isaac was fined 40/- for non attendance as a juror.
…
INDECENT ASSAULT.
Kieran Dolan, an old man, pleaded guilty to indecently assaulting Sydney William Hutchins, a male person.
Mr AM Betts appeared for the accused, and said he wished to call two witnesses as to character.
His Honor said before that was done he would read the depositions.
The accused was then removed.
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Goulburn Evening Penny Post, Thu 19 Apr 1906 9
GOULBURN CIRCUIT COURT.
————
Wednesday, April 18.
Before the Chief Justice (Sir Frederick Darley) and juries.
The Circuit Court was opened on Wednesday morning. His Honor the Chief Justice was on the Bench. Mr Edwards was Crown-Prosecutor, instructed by Mr Curtis, Crown Solicitor’s Office, and Captain Darley Judge’s Associate. The Sheriff (Mr CE Maybury) was present in person.
The members of the legal profession present on Wednesday were:–Messrs James, Teece (barristers), AM Betts, Sendall, Howard, Thomas, M Moriarty (Braidwood), Meyer, EA Betts, Weeks (Gundagai), and F O’Brien (Yass) (solicitors), JC Gannon (barrister).
JUROR FINED.
F Isaac was fined 40s for non-attendance as a juror.
…
PLEA OF GUILTY.
Kieran Dolan, an old man, pleaded guilty to a charge of indecent assault.
Mr Betts appeared for the prisoner, and desired to call two witnesses who would give evidence as to character.
His Honor wished to read the depositions first, as he was entirely unacquainted with the case.
~ ~ ~ ~ ~
The Goulburn Herald, Fri 20 Apr 1906 10
GOULBURN ASSIZES.
———◦———
WEDNESDAY AFTERNOON.
BEFORE his Honor the Chief Justice; associate, Captain Darley; Crown Prosecutor, Mr D Edwards, instructed by Mr Curtis.
…
Friday.
His Honor the Chief Justice took his seat at 10 o’clock.
SENTENCES.
…
INDECENT ASSAULT.
Kieran Dolan, who pleaded guilty to indecent assault, was brought up for sentence.
Mr AM Betts appeared for the accused.
Evidence as to character was given by Constable Avery, and Senior-Sergeant McHardy, who said accused bore a very good character.
Jacob Knopp, headmaster of North Goulburn Public School, deposed that he had known accused for eight or nine years; he had always borne an excellent character both morally and otherwise.
Several written characters were also put in.
Mr Betts asked that the First Offenders’ Act be extended to the accused on account of his old age.
His Honor said the worst feature of the case was the corrupting of another person—a boy. However, he would take into consideration the excellent character accused had borne.
Sentence: One year in Goulburn Gaol.
~ ~ ~ ~ ~
Goulburn Evening Penny Post, Sat 21 Apr 1906 11
————
Friday, April 20
Before the Chief Justice, Sir FM Darley.
…
Kieran Dolan, an old man, who had pleaded guilty to an indecent assault, was called up for sentence.
Mr Betts, who appeared on behalf of the accused, called Senior-sergeant McHardy, Senior-constable Avery, and Mr J Knopp to give evidence as to character. All the witnesses gave the prisoner a very good character.
Mr Betts also submitted written characters from Mr Caswell (formerly PM at Goulburn), Mrs D Levy, late Inspector Read, and others. Mr Betts further submitted to his Honor that such cases were extremely rare, only one other case having occurred in the Goulburn district during the last 25 years. The offence was not a premeditated one. The prisoner was overcome in a sudden temptation. He asked his Honor to extend the provisions of the First Offenders’ Act .
His Honor said that he could not do as desired. The worst feature was the corruption of the other person. He took into consideration the good character, but as well had to consider the result of the prisoner’s conduct on another.
The prisoner was sentenced to one year in Goulburn gaol.
~ ~ ~ ~ ~
Kieran Dolan, Gaol photo sheet 12
![SRNSW: NRS2605, [3/6000], Young Gaol photographic description book, 1894-1920, No. 97, p. 97.](../../images/trials/1906-Dolan-6000-gaol-photo-97.jpg "SRNSW: NRS2605, [3/6000], Young Gaol photographic description book, 1894-1920, No. 97, p. 97.") |
Gaol Photo Sheet - Transcribed Details
No. 97
Young
Date when Portrait was taken: 5th May 1906
Name: Keiran Dolan
|
Native place: Ireland Year of birth: 1844 Arrived Ship: Sirocco Trade or occupation Religion: Roman Catholic Education, degree of: Poor Height: 5' 8½" Weight On committal: 143 Colour of hair: Grey Colour of eyes: Blue |
Marks or special features: Ruptured |
|
(No. of previous Portrait ... ) CONVICTIONS |
|||||
| Where and When | Offence. | Sentence | |||
|
Goulburn CC |
18 |
4 |
1906 |
Indecently assaulting a male person |
12 months HL Goulburn Gaol |
1 The Goulburn Herald, Mon 12 Mar 1906, p. 2.
2 Goulburn Evening Penny Post, Tue 13 Mar 1906, p. 4.
3 SRNSW: NRS880, [9/7112], Supreme Court, Papers and depositions, Goulburn, 1906, No. 4. Emphasis added.
4 SRNSW: NRS5829, [2/2951], Judiciary, FM Darley, CJ. Notebooks Circuit Court, 1888-1908, p. 12. Emphasis added.
5 Mn: Sec. 81, 5 years penal servitude
6 Sidney in transcript of depositions.
7 Uncertain as to why this date appears.
8 The Goulburn Herald, Wed 18 Apr 1906, p. 3.
9 Goulburn Evening Penny Post, Thu 19 Apr 1906, p. 4.
10 The Goulburn Herald, Fri 20 Apr 1906, p. 2. Emphasis added.
11 Goulburn Evening Penny Post, Sat 21 Apr 1906, p. 4.
12 SRNSW: NRS2605, [3/6000], Young Gaol photographic description book, 1894-1920, No. 97, p. 97.