The Sydney Morning Herald, Wed 20 Mar 1907 ¹

COUNTRY NEWS.
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QUARTER SESSIONS.
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Kempsey, Tuesday.

    The Quarter Sessions were opened yesterday. James Lewis Maxwell, charged with a serious offence was sentenced to two years’ imprisonment. Edith Battle, of Bellingen, pleaded guilty to concealment of birth and was sentenced to six months, suspended under the First Offenders’ Act . Norman Spence, charge with stealing nine bottles of wine at Port Macquarie, was found not guilty.

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The Macleay Chronicle, Thu 21 Mar 1907 ²

QUARTER SESSIONS.
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THE Court of Quarter Sessions was opened at West Kempsey on Monday last, His Honor, Judge Armstrong, presided. The barristers occupying seats at the table were Mr RJ Browning, Crown Prosecutor, Messrs Young, Cowan and Nicholas. The solicitors present were Mr D Cowan, Taree, Mr Banks Smith, Port Macquarie, and Messrs JR Marrack, Jno Gilfillan, SL Rudder, and Leo Hardiman.

    Mr C Sutherland, JP, occupied a seat on the Bench as Deputy Sheriff.

    Mr AW Scott was excused for absence as a juryman on the application of Mr JR Marrack, an affidavit being placed before His Honor.

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…
    James Louis [or Lewis] Maxwell pleaded guilty to a charge of bestiality, and he was remanded for sentence.
…
    Maxwell was brought up for sentence.

    The late Sub-Inspector Parker and Mr C Walker were called to give evidence as to the character and behaviour of accused. Mr Young also address His Honor at considerable length.

    His Honor said the lightest sentence he felt he could impose under all the circumstances was 2 years imprisonment in Darlinghurst, and he decided accordingly.

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The Raleigh Sun, Thu 22 Mar 1907 ³

DISTRICT NEWS.
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QUARTER SESSIONS.
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    A sitting of the Court of Quarter Sessions was opened at West Kempsey on Monday before Judge Armstrong. Mr RJ Browning prosecuted for the Crown.
…
    John [sic] Lewis Maxwell pleaded guilty to an unnatural offence. He was first sentenced to 2 years’ imprisonment, but upon an urgent appeal being made to him to reduce the sentence, his Honor altered it to 12 months’ imprisonment, a bond to be entered into at the end of that time with two sureties of £25 each to be of good behaviour for 3 years.

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The Macleay Argus, Sat 23 Mar 1907 ⁴

KEMPSEY QUARTER SESSIONS.
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Monday, March 18th—Before His Honor Acting Judge Armstrong.
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    The following barristers were present, viz:– Messrs Browning (Crown Prosecutor). Young, R Cowan, and Nicholas. The solicitors present were– Messrs Jno Gilfillan, JR Marrack, SL Rudder, LJ Hardiman, Banks-Smith, and D Cowan. Mr Charles Sutherland acted as Deputy Sheriff.

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    Mr Alf W Scott was, on the application of Mr Marrack, excused from the jury.
…

BESTIALITY.

    James Lewis Maxwell was charged with committing an act of bestiality on the 10th January, 1907. He pleaded guilty and was remanded for sentence.
…

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Tuesday, March 19th.

    James Lewis Maxwell was brought up for sentence. Mr Young (instructed by Mr Rudder) said he appeared for the accused and said he wanted to bring reasons forward why the young man should be dealt with under the First Offenders’ Act . The maternal grandfather of accused and his mother’s sister had been insane, and accused himself suffered at times from mental weakness.

    Ex-Inspector Parker and Mr C Walker gave evidence as to the good character of accused, and his brother, Percy Maxwell, gave evidence as to the mental twist in the family.

    Mr Young pleaded eloquently for mercy and asked the Judge to exercise his clemency. He said he acknowledged it was a filthy and abominable offence, but on account of the family of accused and his previous good character he pleaded for mercy to the boy.
His Honor said it would not matter to him whether the family had been laborers for hundred of years or even if they were Dukes. Addressing accused, His Honor said he was guilty of a most grave and abominable offence. Unfortunately offences of this nature were only too frequent in this country, and if he passed a light sentence other persons might be led to think it was not a serious offence. He could not bring the case under the First Offenders’ Act , but he would take into consideration the excellent character of accused and also the fact of his mental weakness. His Honor said he would pass the lightest sentence the law permitted. The sentence would be two years’ hard labor in Darlinghurst Gaol.

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James Lewis Maxwell, Gaol photo sheet ⁵ 

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Gaol Photo Sheet - Transcribed Details

No. 10327
07.1716

Date when Portrait was taken: 3-4-1907

Name: James Lewis Maxwell

Native place: Kempsey Year of birth: 28-3-1889 Arrived       Ship: in Colony }   Year: BS Trade or occupation previous to conviction  } Laborer Religion: Salvationist Education, degree of: R & W Height: 5' 7" Weight     On committal: 142 in lbs     } On discharge: Colour of hair: Black Colour of eyes: Brown

Marks or special features: Scar left upper arm. Three small scars on right wrist. Scar back of right hand and thumb. Scar over left eye and left side of neck. Scar on right foot.

(No. of previous Portrait ... )  CONVICTIONS
Where and When				Offence.	Sentence
Kempsey Q.S	18	3	1907	Bestiality	12 months HL and then to find sureties or serve a further 12 months H.L.

 

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