Depositions for Reginald George Pooley 15 Oct 1907 Tamworth trial 1
(a) Town. |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Rex v. (b) Reginald Pooley |
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(c) Offence. |
(c) Indecent assault on a male person |
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(d) Town. |
Police Office, (d) Moree |
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24th September 1907 |
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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) Reginald Pooley |
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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) next Quarter Sessions |
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to be held at (h) Moree |
on a date to be here after fixed |
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(h) Town where Court |
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The accused is (i) confined in the Gaol at Moree |
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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) William Oliver of Moree, Constable of Police; Jessie Conroy of Moree; Catherine Traynor of Moree, married woman; James Brack of Moree, Infant; Isabella Brack of Moree, married woman; Martin Magill of Moree, Medical Practitioner; and David Hill of Moree, Senior Sergeant of Police.
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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] Norbert Byrne |
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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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Office of the Clerk of the Peace,
3rd October 1907.
The Officer in Charge of Police, Moree.
Memo.
2 Confirming my telegram of today. Be good enough to inform Sergeant Hill and Dr Magill that they will not be required to attend at the next Circuit Court to be held at Tamworth on 8th October instant, as witnesses in the case named in the margin.
[Signed] WR Beaver, Clerk of the Peace.
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Re – antecedents of Reginald George Pooley, under committal Moree Quarter Sessions, for indecent assault. Vide attached antecedents form.
No. 2 Police Station,
Sydney, 4th October 1907.
Constables Surridge and Souter report that Elizabeth Pooley, mother of the accused, is residing at 168 Bay Street, Sydney. She is a married woman, living apart from her husband, and is in poor circumstances. The accused will be 17 years of age on the 19th instant, and in March last went to work for Mr Collis, of “Come-By-Chance” Station, at Walgett. Previous to that he was in the employ of Mr WJ Cootes, jeweller, 691 George Street, Sydney, and also worked for a short time at Anthony Hordern & Sons, and at both places bore a good reputation.
The Constables have made a search of the records at The Glebe, Central, and No.2 Police Stations and can find no trace of such a youth having been convicted and from enquiries made the Constables are of the opinion that the accused has always bore a good character.
[Signed] Henry G Surridge, Henry N Souter, Constables.
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NEW SOUTH WALES POLICE.
North Western District,
Moree Station.
28th September 1907.
Report relative to antecedents of:–
Name: Reginald George Pooley
Offence: Indecent assault on a male person
Committed for Trial: Next Moree Quarter Sessions or at such other time and place as the Attorney General may appoint.
Senior Constable Scannell reports:– The accused who is only 17 years age arrived in Moree about 3 weeks ago, and obtained employment as a boots at the Gwydir Hotel. Nothing is known against his character here, and his finger prints are not known at the finger print branch Sydney.
His mother, Elizabeth Pooley, is said to reside at 168 Bay Street, Glebe, Sydney.
[Signed] P Scannell, Senior Constable.
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Subject:– Arrangement of cases set down for hearing at Tamworth Circuit Court 8th to 11th instant.
Police Station Moree.
5th October 1907.
Senior Sergeant Hill’s report.
That all the witnesses in the case of Reginald Pooley “attempt to commit an unnatural offence”
are subpoenaed to attend the Court on the 11th instant and also have been notified of the dates that they are required to attend.
[Signed] David Hill, Senior Sergeant.
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Office of the Clerk of the Peace,
Sydney, 1st October, 1907.
The Superintendent of Police, Tamworth.
Memo.
In order to suit the convenience of witnesses and to save expense to the country, the following arrangements have been made for the trial of cases to be heard at the Tamworth Circuit Court commencing on 8th instant.
Tuesday 8th October.
George Williams, larceny
Richard Rowe, larceny as a servant
William Walter Paul, carnally know girl under 10 years.
Wednesday 9th October.
Richard Miners, murder (Inverell Police notified by wire 3/10/07)
Thursday 10th October.
George Toffts, murder
Friday 11th October.
Frederick George Williams, rape (Pilliga Police notified by wire 3/10/07).
Reginald Pooley, attempt to commit unnatural offence.
Be good enough to cause the witnesses in the cases other than those set down for trial on the first day of the Court to be informed of the day on which their attendance will be required.
[Signed] WR Beaver, Clerk of the Peace.
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Circuit Court Tamworth Fixtures.
Tuesday – 8th October 1907.
6. George Williams, larceny.
3. Richard Rowe, larceny as a servant.
5. William Walter Paul, carnally know a girl under 10 years.
Wednesday – 9th October 1907.
1. Richard Miners, murder.
Thursday – 10th October 1907.
2. George Toffts, murder.
Friday – 11th October 1907.
4. Frederick George Williams, rape.
Reginald Pooley, indecent assault on a male attempted unnatural offence.
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The Clerk of the Peace, Sydney
Subject:– Rex versus Pooley – Indecent assault for trial Tamworth Circuit Court 11.10.07
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Police Station, Moree.
4th October 1907.
Senior Sergeant Hills reports.
The attached telegram has been read by Dr Magill and Sergeant Hill and contents noted by them.
[Signed] David Hill, Senior Sergeant.
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Commonwealth of Australia.
Postmaster General’s Department, New South Wales.
Re Pooley Tamworth Assizes warn Sergeant Hill and Dr Magill attendance not required at trial.
From Beaver, Clerk of the Peace.
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[Subpoena] 3
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: Martin Magill, Medical Practitioner, Catherine Traynor, James Brach, Isabella Brack, Senior Sergeant Hill, Constable Oliver, Jessie Conroy, all of Moree
Greetings:–
We command you and every of you, firmly enjoining you, that laying aside all pretences and excuses whatsoever, you and every of you be and appear in your proper persons, before Our Justices assigned to hold Pleas before us, on Friday the eleventh day of October instant next, by Nine of the Clock in the forenoon of the same day, at the Circuit Court in Our State of New South Wales, in the Court House, situate in Tamworth
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
Reginald Pooley
in the case of Indecent Assault
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 first day of October in the seventh year of Our Reign and in the year of Our Lord one thousand nine hundred and seven.
For the Prothonotary
W[illiam] H[enry] Hazelton
Clerk of the Supreme Court.
Crown Solicitor
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The Clerk of the Peace, Sydney.
Rex versus Pooley – indecent assault for trial Tamworth Circuit Court 11th instant.
Police Station Moree.
5th October 1907.
Senior Sergeant Hills reports.
That the evidence given by him at the committal of this offence in the (?) James Brack was examined by Dr Magill can be given by the arresting Constable – Constable Oliver.
Will it therefore be necessary for the Senior Sergeant to attend the Court?
[Signed] David Hill, Senior Sergeant.
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Depositions of Witnesses.
New South Wales, Moree
TO WIT. }
The examination of William Oliver of Moree in the State of New South Wales, Constable of Police Jessie Conroy of Moree, aforesaid; Catherine Traynor of Moree, aforesaid, married woman; James Brack of Moree, aforesaid, infant; Isabella Brack of Moree, aforesaid, married woman; Martin Magill of Moree aforesaid, Medical Practitioner and David Hill of Moree in the said State, Senior Sergeant of Police, taken on oath this 24th day of September in the year of Our Lord one thousand nine hundred and seven at the Moree Police Station, in the said State, before the undersigned, PM one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of Reginald Pooley who was charged this day before me, for that he the said Reginald Pooley on the 19th day of September in the year of Our Lord one thousand nine hundred and seven at Moree in the said State, did commit an indecent assault on one James Brack a male person.
[Signed] Walterus Brown, PM.
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Police Charge, No. 321
Court of Petty Sessions, Moree
30th September 1907
Reginald Pooley indecent assault upon James Brack a male person at Moree 19th instant
Remanded for 8 days for the production of evidence.
[Signed] (?) Fergusson, JP.
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Remanded Police charge, No. 321.
Court of Petty Sessions,
Moree, 24th September 07.
Reginald Pooley.
Indecent assault on a male person.
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This deponent William Oliver on his oath saith as follows:– I am Police Constable and reside at Moree.
On the 19th instant I was at the back of Traynor’s Hotel and saw the accused. From something I heard I brought him to the Police Station. I said “What is your name?” He replied “Reginald Pooley, recently employed by Mr Traynor.” I charged him with indecently assaulting James Brack at Moree on 19th instant. He replied “I did not. I was only giving the boy a bath.”
No questions.
[Signed] William Oliver.
Taken and sworn at Moree this 24th day of September 1907 before me.
[Signed] Walterus Brown, PM.
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This deponent Jessie Conroy on her oath saith as follows:– I am sister of Mrs Traynor of the Hotel Gwydir at Moree and reside there.
The accused was employed at the hotel as “boots”. On the 19th instant I was in my room a little before 4 o’clock that afternoon. My room is close to the bathroom. I know Mrs Brack. She was washing at the hotel that day and had her little boy named James, 6 years old. I heard voices in the bathroom. James Brack and accused were in the bathroom. The little boy Brack said “I don’t know
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what you mean.” The accused said “Don’t make a noise, I’ll give you 3/-.” The little boy again said “I don’t know what you mean.” The accused said “I will show you if you sit on my knee.” The accused said “Lean over.” The little boy Brack then said “Don’t be dirty.” I went then and told Mrs Traynor. She came to the bathroom and went to the door. She told the accused to let the boy out.
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The door was locked. After a minute or two the boy was let out. The boy had his shirt on back to front and his trousers. He looked frightened. Mrs Traynor took the boy to his mother. Accused shut the door again. We came back to the bathroom and we called to accused to come out. He came out in about half and hour. The accused said to the boy “I never did anything to you, did I, Jim?” Jim did not answer.
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Mrs Brack and I gave the accused a beating with a whip.
No questions by accused.
By Bench: When Mrs Traynor knocked at the door and told accused to let the boy out he (accused) said “I never did anything to the boy, I was only giving him a bath.”
[Signed] Jessie Conroy.
Taken and sworn at Moree this 24th day of September 1907 before me.
[Signed] Walterus Brown, PM.
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Image: NSW State Library collection. Reproduction: Peter de Waal
This deponent Catherine Traynor on his [sic] oath saith as follows:– I am the wife of EA Traynor, Licensee of the Hotel Gwydir at Moree.
I know accused. He was employed at the hotel as “boots”. On the 19th instant Miss Conroy told me something and I went to the bathroom. I knocked at the door and said “Are you there George?” He did not answer. I said “Are you there Jimmy?” He said “Yes.” I told accused to open the door. He said “I want to put the boy’s clothes on.”
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He further said “I did not do anything to you did I Jimmy?” The boy made no reply. The door was unlocked and the child let out. I took him to his mother who was washing at the hotel. The child was not crying. I afterwards returned to the bathroom and told the accused to come out. He said he was not ready and he did not come out for about an hour.
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The boy’s mother charged accused with doing something to the boy and he said “If I have done any damage I’ll pay you.”
The accused was at the hotel about a fortnight and we knew him by the name of “George”.
No questions.
[Signed] Catherine Traynor.
Taken and sworn at Moree this 24th day of September 1907 before me.
[Signed] Walterus Brown, PM.
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James Brack on his promise to tell the truth states:– I know the accused as “George”. I knew him at Traynor’s about a week ago. I was at Traynor’s with my mother who was washing. “George” was there. He and I went into the bathroom. George put his “cock” up my “bum”. He had his clothes off I had my clothes off. He said he would give me three shillings to let him do it. He never gave me the 3/- yet. He did not hurt me when he
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did the dirty thing.
No questions.
[Signed] James (his X mark) Brack. Witness David Hill, Senior Sergeant.
Taken and sworn at Moree this 24th day of September 1907 before me.
[Signed] Walterus Brown, PM.
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This deponent Isabella Brack on his [sic] oath saith as follows:– I am the wife of James Brack and reside at Moree.
On the 19th instant I was working at the Hotel Gwydir.
My son James was with me. Saw the accused there that day. My boy was knocking about with him that day and for nearly a week previous. Mrs Traynor brought my boy to me at the laundry and told me something. I went to the bathroom but could not get in and I pelted stones through the opening
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over the door and I threatened to give him in charge. He said “Let me off this time, I’ll write to my grandfather and get you £20.” The accused came out of the bathroom about ten minutes after and said “I am sorry for what I have done, if there is any damage I’ll pay for it?” I got a whip and flogged accused. I took my child and gave him a bath and a dose of medicine.
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I examined the child before I bathed him an found him red and inflamed about the seat. This was a little after 4 o’clock PM I saw the child examined by Dr Magill the same afternoon.
No questions.
[Signed] I Brack.
Taken and sworn at Moree this 24th day of September 1907 before me.
[Signed] Walterus Brown, PM.
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This deponent Martin Magill on his oath saith as follows:– I am a legally qualified Medical Practitioner and Government Medical Officer at Moree.
I examined the child Brack on the afternoon of the 19th instant, lat – sometime in the evening there was a slight redness in the anus there was no evidence of penetration. The redness was consistent with an attempt to commit an unnatural offence or it might have been done to something else.
No questions.
[Signed] M Magill.
Taken and sworn at Moree this 24th day of September 1907 before me.
[Signed] Walterus Brown, PM.
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This deponent David Hill on his oath saith as follows:– I am a Senior Constable of Police at Moree.
On the 19th instant I sent for the doctor to examine the child Brack. He was examined about 7 pm.
No questions.
[Signed] David Hill, Senior Sergeant.
Taken and sworn at Moree this 24th day of September 1907 before me.
[Signed] Walterus Brown, PM.
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(F, 2 – “Justices Act, 1902.”)
Statement of the Accused.
State of New South Wales, Moree
TO WIT. }
Reginald Pooley (hereinafter called the defendant) stands charge before the undersigned, PM, one of His Majesty’s Justices of the Peace in and for the said State, this 24th day of September in the year of Our Lord one thousand nine hundred and seven for that he, the defendant, on the 19th day of September 1907, at Moree in the said State, did commit an indecent assault on one James Brack a male person and the said charge being read to the said defendant, and the witnesses for the prosecution, William Oliver, Police Constable, Moree Jessie Conroy of Moree Catherine Traynor, married woman, Moree James Brack, (infant) Moree Isabella Brack, laundress, Moree Martin Magill, Medical Practitioner, Moree and David Hill, Senior Sergeant of Police, Moree being severally examined in his presence, and (having stated that he does not desire the depositions of the said witnesses to be read to him) the said defendant is now addressed by me the said Justice, as follows:– “Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing, and may be given against you in evidence at your trial; and you are also informed, and are to clearly understand, that you have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to you to induce you to make any admission or confession of your guilt, but whatever you now say may be given in evidence against you upon your trial notwithstanding such promise or threat.” Whereupon the said defendant saith as follows:– “The little boy wanted to come in the bath and I told him Mrs Traynor would not let him. He asked me two or three times to let him come in. I let him come in. He undressed himself and got into the bath. I asked him to go under the shower. He said he would not. He laid down in the water two or three times front and backwards. He got out of the bath after he washed himself and he said he felt cold and he was shivering. I then lifted him up on to my lap and I was drying his back. My ‘thing’ touched him on the leg 2 or 3 times. The child said ‘Don’t be dirty, George.’”
[Signed] Reginald G Pooley.
Taken before me and read over to the said defendant at Moree in the said State, the day and year first above mentioned.
[Signed] Walterus Brown, PM.
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G. 190.
New South Wales, Moree
TO WIT. }
REX.
versus
Reginald Pooley
Offence,— Indecent assault on a male person
The accused stands committed to take his trial at the next Court of Quarter Sessions to be holden at Moree, in the State of New South Wales, on the day of 19 a date to be here after fixed. Bail allowed the accused in £ and two sureties in £ each, or one in £ not applied for.
[Signed] Walterus Brown PM
JP.
Dated at the Police
Office, Moree
in the said State,
this twenty fourth
day of September
AD 1907
4g 416 - 88
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“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Moree
TO WIT. }
Be it remembered, that on the 24th day of September in the year of Our Lord one thousand nine hundred and seven William Oliver a Constable of the Police Force, stationed at Moree in the State of New South Wales, Jessie Conroy of Moree in the said State, Ernest Auxiety Traynor of Moree in the said State, hotel keeper (for Catherine Traynor, his wife) James Brack of Moree in the said State, labourer (for James Brack, a minor, his son) James Brack of Moree in the said State, labourer (for Isabella Brack, his wife) Martin Magill, of Moree, Medical Practitioner and David Hill of Moree in the said State, Senior Sergeant of Police 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.
Taken and acknowledged, the day and year first above mentioned, at Moree in the said State, before me.
[Signed] Norbert Byrne, JP.
The condition of the within written Recognizance is such, that whereas one Reginald Pooley was this day charged before Walterus Brown, Esquire, Police Magistrate, one of His Majesty’s Justices of the Peace for the said State, for that on the 19th day of September, 1907 he did at Moree commit an indecent assault on one James Brack a male person.
If, therefore, they the before mentioned persons shall appear at the next Court of Quarter Sessions to be holden at Moree in and for the State of New South Wales, on a date to be hereafter fixed, 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 Reginald Pooley for the offence aforesaid, to the jurors who shall pass upon the trial of the said Reginald Pooley.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] Norbert Byrne, JP.
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[On the depositions’ cover sheet is the following]
Quarter Sessions.
Moree
Circuit Court
Tamworth
8 October 1907
No. 336 AG’s No. 07/235 No. 8
Depositions.
Rex
v.
Reginald Pooley
Indecent assault on a male person
Committed at Moree
on: 24 September 1907
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Court. Tamworth Circuit court
Date. 15th October
Cor. Cohen J.
Plea. Not guilty
Verdict. Guilty of indecent assault with strong recommendation to mercy on account of youth of accused
Judgment. 6 months hard labour in Goulburn Gaol
[Signed] N Edmunds
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.
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19 Sept 1907 Moree
Attempt to commit sodomy
[Initial illegible]
26.7.09 [sic]
Moree Quarter Sessions will not sit until about February of next year.
As the accused is in gaol I beg to suggest that the trial should be ordered to take place at Tamworth Circuit Court on 8th October next.
The Under Secretary
Clerk of the Peace
26.9.07
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Justice HE Cohen’s notebook 4
111
[Tamworth], 14 October 1907
R v Reginald Pooley
(1) Assaulting James Brack with intent to commit the crime of buggery &c.
5 (2) Indecently assaulting James Brack.
Plea Not Guilty.
(For evidence next book p. 4)
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Justice HE Cohen’s notebook 6
4
[Tamworth], 15 October 1907
R v Pooley (see previous book 111)
(1) Assaulting James Brack with intent to commit buggery &c.
7 (2) Indecently assaulting James Brack.
Plea Not Guilty.
O’Halloran for accused.
Jessie Conroy – sister of Mrs Traynor, wife of licensee Gwydir Hotel Moree. I was at hotel on September 19 last. Accused was boots there. I know James Brack. He was at hotel that day with his mother, Isabella Brack. During the day (a ?) (bit ?) after 2 pm in bathroom something allr happened. I was in my bedroom next it. I heard little Brack say I don’t know what you mean George. George said don’t make noise & I’ll give you 3/-. Little Brack said what for George. George said sit on my lap & I’ll show you. He told the little boy Brack to bend over. I heard Brack say to George don’t be dirty George. I then went to Mrs Traynor & told her something – Brack & boy George were in bathroom. Mrs Traynor came to bathroom with me. Mrs Traynor [said] Is there anyone in there with you George. I don’t remember what else was said – I didn’t notice. I remember the little boy coming out after – over ½ hour after. When accused ca After Mrs Traynor came, & after
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the boy Brack came out, accused said to boy – I didn’t do anything to you did I Jim. I was only giving you a bath. Mrs Brack didn’t know anything about it then. Mrs Brack came afterwards & she & I thrashed accused.
Cross-examined. Accused denied he did never admitted to me or anyone in his my presence that he had assaulted boy. I’m certain he said “bend” over. The signature shown me is mine. It may have been “lean” over. There was no ans Brack wasn’t crying when he came out of bathroom. I was there when Mrs Brack came to bathroom. She started to abuse accused. She asked him several times to come out. She threw 1 stone.
James Brack. Boys call me Jim. Accused told me his name was George Pooley. I’ve seen him at Traynor’s pub – once. I was with him on messages. I was sitting with him a lot of times. I was at every shop. I was with him at Traynor’s pub in hall – no where else. Do you know the bathroom? Objected to as leading. Allowed. Yes – something happened there. He stuck his cock up my bum & (soaped ?) it. I said don’t, he did by George. He (only ?) said he would give me 3/-. George told me to come in bathroom & see him – I went in. George in bathroom with me.
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George was having bath with clothes off. He took mine off too. He put me in bath & he was in bath too. We were in the bath when he did what I said he did – I had my clothes off then & he did too. He dried himself with towel. He told me to dry myself with my shirt & he afterwards dried me with towel.
Cross-examined. George didn’t hurt me – I felt it a little bit. I didn’t cry. He put my shirt on upside down. I took it off & put it on right. I didn’t tell George he was hurting me. George hasn’t given me 6d for cleaning boots. He promised me 3/- to let him do it. He promised me 6d for cleaning knives. I haven’t spoken about this to anyone. My mother was in laundry washing when George did this – I was frightened of mother for being in bathroom. I haven’t spoken to anyone about Geo this but George – I didn’t tell mother or anybody that George [did] this. George told me not to sing out. George & I were good friends. George asked me to have bath.
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Isabella Brack. Mother of last witness – live at Moree. I was at Gwydir Hotel – laundress. I went to bathroom & saw accused. I asked him to come out of bathroom. He wouldn’t for some time. He opened door & I began to flog him with small whip. When he came out he offered me £20 not to say anything about it, he asked me to let him off. He said he was very sorry.
Cross-examined. I got a message from Mrs Traynor & came to bathroom. I was much upset. I told accused to open door & come out – spoke in angry voice. I threw stones to make him (break ?). I hit him couple of times with whip. Conroy also assisted in flogging. I told him I would send for police & the doctor. Doctor examined boy in my presence. He said “let me off” after I flogged him. After he came out of bathroom he said he would write to his grandfather for £20.When he came out he said he had done nothing to the boy. The child told me something before I flogged accused – & after I told accused to come out of bathroom – Jimmy came round to me crying & shivering. He was afraid of being bitten beaten when he came to me – because he had been in bathroom. I scolded him for being in bathroom, but he told me something before this.
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I scolded him first & he then told me something. I’ve never said a word to Jimmy about the case, he has lived with me ever since. He is very intelligent.
Catharine Traynor. Wife of Ernest Traynor. I went to bathroom – knocked the door & said are you in there George? He didn’t answer. I said are you there Jimmy & he said yes. I then told Jimmy to come out. He came after a few minutes. I then took the boy to his mother at laundry. She afterwards came back to bathroom. I don’t remember what she said to accused. She was talking to him.
Cross-examined. I don’t think Jimmy was crying when he came out of bathroom.
Crown case closes.
O’Halloran to jury 5.07 pm to 5.13 pm
Edmunds “ “ 5.13 pm to 5.39 pm
I sum up 5.39 pm to 5.58 pm
Jury retire at 5.58 pm
“ return at 8.45 pm
Verdict Guilty of Indecent Assault with strong recommendation to mercy on account of prisoner’s youth.
Nothing is known to the police of this lad – Accused is only 16 years of age.
O’Halloran asks that he be dealt with here as First offender – says he has no friends.
Sentence – For Imprisonment with hard labour in Goulburn Gaol for 6 months.
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I declare goals delivered.
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The Tamworth News and Liverpool Plains and Gwydir Districts’ Advertiser, Wed 9 Oct 1907 8
CIRCUIT COURT.
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Tuesday, October 8.
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The Circuit Court opened on Tuesday morning before his Honor, Mr Justice Cohen.
Mr AM Cohen acted as Judge’s Associate.
Mr W Edmunds was Crown prosecutor, assisted by Mr Hanlin from the Crown Law Office. Mr E Jones acted as deputy sheriff.
The following members of the bar were present: Messrs Young, De Lissa, Ferguson.
Solicitors present were: Messrs O’Halloran, Tribe, Newman, England, Patterson, Bedwell, Proctor, Creagh.
MG Cunningham was excused from attendance as a juror.
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The Tamworth News and Liverpool Plains and Gwydir Districts’ Advertiser, Wed 16 Oct 1907 9
CIRCUIT COURT.
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…
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Tuesday, October 15.
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…
UNNATURAL OFFENCE.
Reginald Pooley, a youth aged 16, was charged with committing an unnatural offence upon a boy, James Brack, 5 years old, at Moree.
The following was the jury:– John Sage, Geo. Brundson, WG Chaffey, Thomas Brines, JH Duncan, Wm. Carter, Wm. Condon, John Halliday, RS Reeve, JT Flynn, HL Fisher, WH Leak.
After evidence had been taken the jury returned a verdict of indecent assault, with a strong recommendation to mercy on account of accused’s youth.
Mr O’Halloran asked his Honor to be as lenient as possible with the prisoner, who was, as far as he (Mr O’Halloran) could find out, a little bit soft and was practically a castaway without friends.
His Honor said he did not think he would be justified in releasing prisoner under the First Offenders’ Act , which was not, in his opinion, intended to apply to cases of this kind. He would sentence prisoner to six months’ hard labour in Goulburn Gaol, where he would not associate with hardened criminals but would be treated in such a manner as to probably make him better able to take care of himself.
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The Tamworth Observer and Northern Advertiser, Wed 16 Oct 1907 10
CIRCUIT COURT.
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The Circuit Court continued its sittings on Monday morning before his Honor Judge Cohen.
…
Tuesday, October 15.
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A BOY IN TROUBLE.
A lad named Reginald Toohey [sic], 16, was charged with committing an unnatural assault upon James Breakin [sic] at Moree on 19th September.
Mr O’Halloran appeared for accused, who pleaded not guilty.
The jury was as follows:– T Sage, G Brundson, G Halliday, WG Chaffey, T Brines, JH Duncan, W Carter, W Condon, RS Reid, JT Flynn, HL Fisher, and WH Leak.
When we went to press the jury was considering their verdict.
This was the last criminal case.
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The Tamworth Observer and Northern Advertiser, Sat 19 Oct 1907 11
BOY SENT TO GAOL.
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In the Circuit Court case, in which a boy was charged with an unnatural offence at Moree, the jury returned into Court on Tuesday night with a verdict of guilty of indecent assault.
His Honor sentenced the lad to six months’ imprisonment in Goulburn gaol, where he said he would be looked after. On his liberation, he advised him to become a better boy.
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Reginald Pooley, Gaol photo sheet 12
![SRNSW: NRS2138, [3/6072], Darlinghurst Gaol photographic description book, 1907-1909, No. 10503, p. 218, R5112.](../../images/trials/1907-Pooley-6072-gaol-photo-10503.jpg "SRNSW: NRS2138, [3/6072], Darlinghurst Gaol photographic description book, 1907-1909, No. 10503, p. 218, R5112.") |
Gaol Photo Sheet - Transcribed Details
No. 10503
Darlinghurst
Date when Portrait was taken: 25-10-1907
Name: Reginald Pooley
|
Native place: Dubbo Year of birth: 19-10-1890 Arrived Ship: BC Trade or occupation Religion: C of E Education, degree of: R & W Height: 5' 2⅛" Weight On committal: 138 Colour of hair: Light brown Colour of eyes: Grey |
Marks or special features: Round scar inside bend of right arm, scar on right temple, scar on right kneecap |
|
(No. of previous Portrait ... ) CONVICTIONS |
|||||
| Where and When | Offence. | Sentence | |||
|
Tamworth CC |
15 |
10 |
1907 |
Indecent assault on a male person |
6 months HL. Goulburn Gaol |
1 SRNSW: NRS880, [9/7125], Supreme Court, Papers and depositions, Tamworth, 1907, No. 235. Emphasis added.
2 Mn: Rex versus Pooley attempted unnatural offence
3 Three subpoenas were found in the file these have been combined into one above.
4 SRNSW: NRS5788, [2/2737], Judiciary, HE Cohen, J. Notebooks Circuit Court, 1895-1910, p. 111.
5 Mn: Sec. 80 & 81
6 SRNSW: NRS5788, [2/2738], Judiciary, HE Cohen, J. Notebooks Circuit Court, 1895-1910, pp. 4-9. Emphasis added.
7 Mn: Sec 80-81 penal servitude 5 years
8 The Tamworth News and Liverpool Plains and Gwydir Districts’ Advertiser, Wed 9 Oct 1907, p. 2.
9 The Tamworth News and Liverpool Plains and Gwydir Districts’ Advertiser, Wed 16 Oct 1907, p. 2.
10 The Tamworth Observer and Northern Advertiser, Wed 16 Oct 1907.
11 The Tamworth Observer and Northern Advertiser, Sat 19 Oct 1907, p. 9.
12 SRNSW: NRS2138, [3/6072], Darlinghurst Gaol photographic description book, 1907-1909, No. 10503, p. 218, R5112.