The Brisbane Courier, Mon 24 Aug 1908 1
POLICE COURTS.
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At the Central Police Court on Saturday, before Messrs RA Ranking, PM, O Armstrong, D Gallwey, and A Scells, JJ.P,
…
A young man named Wm Francis Green, age 20, was charged with having committed a serious offence in respect to another young man named James Thomas Fletcher, [aka Thomas Fennett] who was also charged. Both were remanded on bail until to-morrow.
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The Brisbane Courier, Wed 26 Aug 1908 2
POLICE COURTS.
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In the Central Police Court yesterday, before Mr RA Ranking, PM, the hearing of the case was continued in which William F Green is charged with committing an unnatural offence, and James Fletcher is charged with permitting him to commit it. Senior Sergeant Carroll, of the CI Branch, appeared to prosecute, and Mr EWH Fowles appeared for the defendant Green. The case was heard with closed doors. Both defendants were committed for trial, Green being allowed bail, himself in £100 and two sureties of £50 and one of £100.
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The Brisbane Courier, Wed 11 Nov 1908 3
CRIMINAL SITTINGS.
Before his Honour the Chief Justice (Sir Pope A Cooper) and juries of twelve. Mr JJ Kingsbury prosecuted on behalf of the Crown.
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ALLEGED UNNATURAL OFFENCE.
William Francis Green and James Thomas Fletcher pleaded not guilty to an indictment that they on August 21, at Brisbane, committed an unnatural offence. Mr Fowles (instructed by Mr WH Bell) appeared for the defence.
Counsel took exception to the joint indictment on the ground that there were really two offences, committing and permitting, and the joint indictment might be prejudicial to each of the accused. The objection was overruled. The jury unpanelled [sic] consisted of W Attwood, H Jordan, C Kelly, JF Ferguson, J Wicks, EO Fredericks, CA Corden, AL Hayes, J Bell, F Boshler, DS Stephens, and J Collins .
Constable JB Odewahn deposed to having seen the accused in Margaret-street, and to having arrested them.
Mr Fowles objected to certain evidence on the ground that witness had not warned accused that they were arrested on a certain charge, and what they said would be used against them. Witness had been in plain clothes at the time.
His Honour said a constable could not always go about wearing a sign, “I am a policeman,” as a warning to the “innocent thief.” There was nothing to show that witness had done anything he should not have done.
By Mr Kingsbury: Witness had not held out to the accused any inducement or threat, nor had he made any false statement to them. The accused had gone with him quietly until near the Criminal Investigation Office, when Green made an attempt to get away.
By Mr Fowles: Witness had not been told off to watch Fletcher, nor had he given half s sovereign to any one to keep an eye on him.
His Honour, speaking during further and lengthy cross-examination, said counsel should not put his questions on the assumption that witness was not telling the truth. Questions could not be put in that court which assumed that witness was not telling the truth or that he was trying to conceal something. He (the Chief Justice) could not allow it.
When the court adjourned for luncheon arrangements were made for the jury to visit the scene of the alleged offence.
On the court resuming further evidence for the prosecution was given by Dr J Espie Dods (Government Medical Officer) and Constable John J Graveson.
Mr Fowles called no evidence for the defence, and asked his Honour to direct an acquittal of accused Green on the ground that there was an absence of evidence that the offence was completed. His Honour said he could not do this. Counsel then addressed the jury, and his Honour summed up.
After a retirement of 23 minutes the jury brought in a verdict of guilty against both accused, with a recommendation for mercy on behalf of Green, whom they considered to have been led astray by his companion. Mr Kingsbury said there were no previous convictions against Green, who had, however, of late frequented low quarters in company with bad characters. Fletcher had been under suspicion for similar practices. His only conviction had been in March last for forgery, when he was sentenced to 3 years’ imprisonment, and the sentence was suspended under section 356 of the code. Accused were remanded for sentence until 10 am the following day to allow of Mr Fowles producing evidence of character.
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The Brisbane Courier, Thu 12 Nov 1908 4
CRIMINAL SITTINGS.
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Before his Honour the Chief Justice and juries of twelve. Mr JJ Kingsbury prosecuted on behalf of the Crown.
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UNNATURAL OFFENCE.
WF Green and JF Fletcher, found guilty on the previous day of having committed an unnatural offence, were presented for sentence.
Mr Fowles (instructed by Mr WH Bell) for the defendants, presented evidence of character. He felt considerable difficulty, he said, and, in regard to Fletcher, who had been sentenced in May last for forgery. But the evidence he had to offer was that accused, who was only 21, had lived free from crime until the case mentioned, when he had got into loose company. He was weak morally and physically, and seemed incapable of tearing himself from the company. He was an orphan, who had lived with his stepmother and had not been without some good training. Counsel asked that the sentence might not be more than was necessary to break evil associations, and allow Fletcher to redeem himself. With regard to Green, there were exceptional testimonials of character. The police gave him an absolutely clear record. Testimonials were also submitted from former employers and others who had known him in connection with the Newsboys’ Club. Mr SC Turner entered the box, and deposed that Green had been of good character, always willing to help in the work of the club, and his affection for a blind boy had been beautiful.
His Honour, addressing Fletcher, said he had been found guilty on the clearest evidence of a most disgusting crime, for which at one time the minimum penalty was ten years’ imprisonment, and the penalty at present for the worst cases was fourteen years. In what manner did this case differ from the worst? Was it possible that anyone could be more depraved? An effort had been made to reform Fletcher, who had been given the benefit of section 656 when found guilty of forgery, but clemency did him no good. He, his Honour, had to protect the community and he would impose a sentence which would deter from such crimes. Accused Fletcher would be imprisoned with hard labour for a term of six years. Had he been an older man the sentence would have been heavier. Accused was the most disgusting offender that had been before his Honour. With regard to Green, he too had been found guilty of a serious and disgusting offence and a good deal of what had been said to Fletcher applied also to Green. He had received a recommendation to mercy from the jury because they thought he had been lead into it by Fletcher. He, his Honour, confessed that he could not understand how the behaviour of the one could have possibly led the other, but the jury represented the common sense of the community and he always paid the greatest respect to their recommendations. He would take into consideration the recommendation of the jury in his case, and also the youth of the accused. The sentence would be four years’ imprisonment with hard labour, and when the sentence had been served he trusted the accused would have realised how disgusting and abominable his offence was; an offence in comparison with which another vice became a virtue.
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Morning Bulletin, Thu 12 Nov 1908 5
ACCIDENTS AND
CRIMES.
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(By Telegraph.)
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Brisbane, November 11.
At the criminal sittings of the Supreme Court to-day WF Green and F Fletcher were found guilty of having committed an unnatural offence. They were sentenced to four and six years’ imprisonment with hard labour respectively.
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Thomas Fennett, Gaol photo sheet 6
![SRNSW: NRS2467, [3/6087], State Penitentiary photographic description book, 3 Sep 1914-31 Dec 1914, No. 13901, p. –.](../../images/trials/1908-Fennett-6087-photo-13901.jpg "SRNSW: NRS2467, [3/6087], State Penitentiary photographic description book, 3 Sep 1914-31 Dec 1914, No. 13901, p. –.") |
Gaol Photo Sheet - Transcribed Details
No. 13901
Date when Portrait was taken: 7-10-1914
Name: Thomas Fennett
(aka Jas Fletcher)
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Native place: Queensland Year of birth: 11-7-1886 Arrived Ship: Trade or occupation Religion: C of E Education, degree of: R & W Height: 5' 8" Weight On committal: 128 Colour of hair: Brown Colour of eyes: Grey |
Marks or special features: JF above SH inside right forearm hair thin on top of head operation scar on right side of abdomen |
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(No. of previous Portrait ... ) CONVICTIONS |
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| Where and When | Offence. | Sentence | |||
|
Brisbane PC Brisbane SC Brisbane Prison ditto Brisbane PC ditto
Central PC |
18 10 14 23 2 29
6 |
3 11 9 8 10 12
10 |
1908 1908 1910 1911 1913 1913
1914 |
Forgery Permitting another to have carnal Breach of Prison Rules ditto (2 charges) False pretences Refusing to pay legal motor car hire
False pretences |
2 years HL suspended under 6 years HL 2 months HL. Cumulative ditto. Concurrent 3 months HL 1) £5. 10. 2) £5. 10. 3) £3. 10. £6. 2. 6 or 2 months HL 6 months HL |
1 The Brisbane Courier, Mon 24 Aug 1908, p. 7.
2 The Brisbane Courier, Wed 26 Aug 1908, p. 6.
3 The Brisbane Courier, Wed 11 Nov 1908, p. 2. Emphasis added.
4 The Brisbane Courier, Thu 12 Nov 1908, p. 2.
5 Morning Bulletin (Rockhampton, Qld), Thu 12 Nov 1908, p. 5.
6 SRNSW: NRS2467, [3/6087], State Penitentiary photographic description book, 3 Sep 1914-31 Dec 1914, No. 13901, p. –. Emphasis added.