Alexander Lamont McLeod, 1901

Below also see: Alexander Lamont McLeod and Bernard McGarry, 1908 – Buggery
Alexander Lamont McLeod, 1933

 

The Riverine Grazier, Tue 7 May 1901 ¹

    At the [Hay] police court, this morning, a young man named Alexander Lamont McLeod was charged that he was deemed to be of unsound mind. Sergeant Wilson stated that about 8 this morning he heard the town firebell. He ran out, and saw the defendant at the firebell. At the same time defendant had a glass (produced), which contained a small quantity of whisky, in one hand, while the other hand covered it. Defendant said he had been poisoned, and he mentioned an hotel in the town. Defendant appeared to be wandering in his mind, and suffering from the effects of drink. Last night witness received a complaint that defendant was wandering about the town apparently not in his right mind. He asked for defendant’s remand for eight days for medical treatment. Defendant was remanded for eight days.

~ ~ ~ ~ ~

The Riverine Grazier, Tue 14 May 1901 ²

THE FEDERAL PARLIAMENT.
———◦———

THE opening of the first Parliament of the Commonwealth of Australia took place amidst a scene of splendour unparalleled in the annals of this country, and is an event which will live historically for generations. It was the final act in the consummation of the union of the colonies, and as such it was fitting that it should be of an imposing character.
…
    AT the [Hay] court of petty sessions this morning before the PM, Alexander Lamont McLeod, a young man, was charged on remand, for that he was deemed to be of unsound mind. Constable Langford produced a certificate from the government medical officer to the effect that Mcleod was now of sound mind and fit to be discharged. The patient was accordingly discharged.

 

---

Alexander Lamont McLeod and Bernard McGarry, 1908

The Albury Daily News and Wodonga Chronicle, Tue 25 Feb 1908 ³

SERIOUS CHARGE AGAINST TWO MEN

COMMITTED FOR TRIAL.

    At the police court this afternoon, before Mr C[harles] E[dward] Oslear, PM., two men named respectively Alexander Lamont McLeod, aged 40, and Bernard McGarry, aged 50, both labourers, were charged with that they did, at Mullengandra, on February 24th, attempt to commit an abominable offence.

    Evidence was given by William Jos. Shea, licensee of the Mullengandra Hotel [Royal Oak Hotel]. Yesterday morning his attention was called to the two accused at his hotel by a man in his employ. The two men were in a lumber room at the rear of his hotel. (Witness here described the nature of the alleged offence.) He informed the Albury police of the affair. McGarry had been at the place about a week, and the other man came that morning.

    Arthur Shields, employed at Shea’s hotel, stated that he discovered the two men endeavoring [sic] to commit an offence, and informed Mr Shea; who also witnessed ti. To his mind there was no doubt the accused were trying to commit an offence.

    Dr Andrews, Government Medical Officer, stated that he examined the accused McLeod at the lock-up, but could find no evidence of the alleged offence. He also examined the clothes of the accused McLeod, and found certain signs which led him to believe something had occurred recently, but he would require to make a minute examination of them before he could decide.

    In reply to Sergeant Blackburne, Dr Andrews said he would not say such an offence had not been committed, from the indications submitted to him.

    Evidence was given by Constable Wilkinson, of Bowna, who arrested the accused in consequence of something Mr Shea told him. He brought them into Albury, and this morning charged them at the lock-up. In reply to the charge McLeod said he remembered nothing at all about it. McGarry was then charged, and he replied, “I had nothing to do with it; I am innocent.” Warned about making a statement, McGarry said he understood, but in spite of this made a statement, which was signed and witnessed. McGarry said it was correct. The statement was read to McLeod, who again said, “I remember noting at all about it.”

    In reply to accused McLeod, witness stated he (accused) was drunk when arrested.

    In reply to the PM, who read over the committal charge to them, accused McLeod said, “I was drunk when arrested.” McGarry said, “I never done nothing to him.”

    The two accused were then committed for trial at the Albury Circuit Court on April 14th next.

~ ~ ~ ~ ~

Depositions for Alexander Lamont McLeod and Bernard McGarry 13 Apr 1908 Albury trial ⁴

(a) Town.	Letter from Bench of Magistrates at (a) Albury
	transmitting Depositions
(b) Name in full of accused.	in the case Rex v. (b) Alexander Lamont McLeod, and Bernard McGarry
(c) Offence.	(c) Attempted buggery
(d) Town.	Police Office, (d) Albury
	25th February 1908
	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) Alexander Lamont McLeod, and Bernard McGarry
(f) “His” or “her”	who has been committed to take (f) their
(g) “Circuit Court,” or  “Quarter Sessions.”	trial at the (g) Circuit Court
	to be held at (h) Albury	on Tuesday
(h) Town where Court  to be held.	the 14th day of April 1908
	The accused is (i) confined in the Gaol at Albury.
(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) Frank Wilkinson of Bowna in the said State, Constable. Arthur Andrews of Albury in the said State, Medical practitioner. William Joseph Shea of Mullengandra in the said State, Hotelkeeper, and Arthur Shields of Mullengandra in the said State, Barman.
(l) Short description to enable identification.	The Exhibits enclosed are (l) A. Statement by accused, McGarry. Exhibit B one coat and C one pair trousers are in the possession of the Police at Albury.
	I have the honor to be, Sir, Your obedient Servant,
	[Signed] J[ohn] J[ohnson] Kingsmill, JP
	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

~ ~ ~ ~ ~

Court House Albury, 6th April 1908.

The Clerk of the Peace, Sydney

Sir,

    Circuit Court, Albury, 14th April 1908. I have the honor to forward the usual returns of witnesses required by persons awaiting trial at the above Circuit Court.

    I have the honor to be,
       Sir,
    Your obedient servant.
[Signed] JJ Kingsmill, JP, Deputy Clerk of the Peace.

 

Defence witnesses required for AL McLeod and B McGarry defence

HM Gaol Albury 1st April 1908
The undermentioned Prisoners at this Gaol committed for Trial at the Circuit Court to be held at Albury on the 14th day of April 1908 have been duly warned, and require witnesses as below stated:–
No.	Name of prisoners	Offences	Witnesses’ names	Witnesses’ address
1	Alexander McLeod	Attempted buggery	Nil	Alexander McLeod
2	Bernard McGarry	Attempted buggery	Nil	B McGarry
The Clerk of the Peace, Albury [Signed] J [John] McKenzie, Gaoler.

 

The Inspector General of Police, Sydney

Subject:– Alexander Lamont McLeod, attempted buggery, committed for trial at Albury Circuit Court. 14/4/08.

    Forwarded for information of the Inspector General. The convictions against accused at Balranald are for drunkenness and indecent language, vide Sergeant Cole’s attached report.

[Signature illegible], Superintendent.

~ ~ ~ ~ ~

Sergeant Cole, Balranald.

Subject:– Alexander Lamot McLeod, attempted buggery, committed for trial at Albury Circuit Court, 14/4/08.

    Forwarded to Sergeant Cole for careful report in terms of attached minute of the Inspector General, 08/192 of 11/3/08.

[Signature illegible], Superintendent.

~ ~ ~ ~ ~

Police Station Balranald.
18th March 1908.

Superintendent of Police, Deniliquin.

    Sergeant Cole reports that he has made enquiries re Alexander Lamont McLeod and finds that nothing is known against him outside the following convictions at Balranald:– 2.12.85, drunkenness, fined 5/- or 24 hours hard labour. 2.12.85, Indecent language, fined £2 or 14 days hard labour. 31.5.02, drunkenness, fined 10/- or 4 days hard labour. 4.8.02, drunkenness, fined 5/- or 3 days hard labour. 4.8.02, indecent language, fined 10/- or 7 days hard labour.

[Signed] Henry Cole, Sergeant.

~ ~ ~ ~ ~

Police Station Hay
8th March 1908.

Sub-Inspector Bear, Hay

Subject:– Re Alexander Lamont McLeod.

     Sergeant DA Wilson records that on the 7th of May 1901 he arrested Alexander Lamont McLeod on charge deemed to be of unsound mind. McLeod at the time had evidently been drinking heavily and was remanded for eight days, and was discharged on the 15th of May 1901. The Sergeant knew nothing of McLeod previous to his arrest and has not seen him since.

[Signed] DA Wilson, Sergeant.

~ ~ ~ ~ ~

NEW SOUTH WALES POLICE.

Murray District,

Bowna Station.
6th March 1908.

Report relative to antecedents of:–

Name: Alexander Lamont McLeod
Offence: Attempted buggery.
Committed for trial at: Albury Circuit Court.
Date: 14th April 1908.

    Constable F Wilkinson, No. 6281 reports:– Alexander Lamont McLeod has been known in this district for nine months and nothing is known against him. He originally came from Hay.

[Signed] Frank Wilkinson, 1st Class Constable.

~ ~ ~ ~ ~

NEW SOUTH WALES POLICE.

Murray District,

Bowna Station
6th March 1908.

Report relative to antecedents of:–

Name: Bernard McGarry.
Offence: Attempted buggery.
Committed for trial at: Albury Circuit Court.
Date: 14th April 1908.

    Constable F Wilkinson, No. 6281, reports:– Bernard McGarry has worked in this district on and off for three years, with the exception of periodical bouts of drinking nothing is known against him.

[Signed] Frank Wilkinson, 1st Class Constable.

~ ~ ~ ~ ~

Depositions of Witnesses.

New South Wales, Albury
TO WIT.                              }

The examination of Frank Wilkinson of Bowna in the State of New South Wales, Constable of Police. Arthur Andrews of Albury in the said State, Medical Practitioner. William Joseph Shea of Mullengandra in the said State, hotel keeper, and Arthur Shields of Mullengandra, barman in the said State, taken on oath this 25th day of February in the year of Our Lord one thousand nine hundred and eight at the Albury Police Office, in the said State, before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of Alexander Lamont McLeod and Bernard McGarry who were charged this day before me for that they, the said Alexander Lamont McLeod and Bernard McGarry on the 24th day of February in the year of Our Lord one thousand nine hundred and eight at Mullengandra in the said State, attempt to commit the abominable crime of buggery.

[Signed] CE Oslear, PM.

1

This deponent Frank Wilkinson on his oath, saith as follows:–

    I am a Constable of Police and reside at Albury. At half past two yesterday afternoon the 24th instant I went to the Royal Oak Hotel Mullengandra situate 28½ 20½ miles from Albury. The Licensee Mr William Shea took me to a room at the rear of the hotel in which there was an old bed. The accused McGarry was lying on the bed, the bigger man of the two accused. The accused McLeod was lying on the floor, his trousers were partly down and his belt some distance from him In consequence of what Mr Shea told me I arrested the men and brought them to Albury and this morning charged the accused McLeod that he did at Mullengandra in the State of New South Wales, attempt to commit the abominable crime of buggery with Bernard McGarry on the 24th day of February 1908. He replied “I remember nothing at all about it.”

    I then charged Bernard McGarry, with a similar offence on with one Alexander Lamont McLeod.

    He replied “I had nothing to do with him. I am innocent.” I heard Sergeant Blackburne say to accused, “McGarry, you understand you are not compelled to make a statement. It may be used against you at your trial, but if you do you do it of your own free will and accord. You understand that?”, and McGarry said you understand that said “Yes.” I produce a statement marked A and it was read to McGarry who said it was correct and signed it. The statement is witnessed. I then read the statement to McLeod in the presence of McGarry.

2

McLeod said “I remember nothing at all about it.” I produce ⁵ a pair of trousers and a coat, which I got from McLeod. He was wearing them at the time he was arrested. The stains on the trousers are 2 on the back on the right leg behind the knee, one on the left seat rather high up and one on the left side of the knee, left knee. The stain of the coat is on the left sleeve near the cuff.

    To accused: In my opinion they have the appearance of semen.

    No questions.

    To accused McLeod: You were drunk when I arrested you.

[Signed] Frank Wilkinson.

Taken and sworn at Albury this 25th day of February 1908 before.
[Signed] CE Oslear, PM.

3

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

    I am a hotel keeper and licensee of the Mullengandra Hotel and reside at Mullengandra. The two accused were at my hotel yesterday between 11 and 12. Yesterday morning my attention was called to them by a man in my employ named Arthur Shields. They were at the back of the premises in what it called a lumber room. I went to the window of the room. The window was up. I looked into the room. McLeod was lying on the bed with his trousers on off. His back was towards McGarry, McGarry was either having connection with him or trying to. I saw his person in McLeod’s hand. McLeod had his hand over it. He was directing his penis towards his own fundament. I would say McGarry was forcing his person into the other man and McLeod was assisting him. I then took steps to have the Police informed and I sent a telephone message to the Albury Police. I suppose I was there about a minute. I was so astonished when I saw the thing. The men had been McGarry had been there about a week and McLeod came to the hotel that morning about an hour before.

    To accused McGarry: I saw you having connection with McLeod.

    To accused McLeod: I think

    No questions.

[Signed] Wm Joseph Shea.

Taken and sworn at Albury this 25th day of February 1908 before.
[Signed] CE Oslear, PM.

4

This deponent Arthur Shields on his oath, saith as follows:–

    I am a barman in the employ of William Shea and other work and reside at Mullengandra.

    I saw the two accused at the hotel yesterday between 11 and 12 o’clock. They were lying on a bed in a room called the lumber room. The bed Their heads were towards the door and their feet to the window. I came into the room. McGarry was lying on his left side, so was McLeod. McLeod had his pants down below his knees, he was exposed, naked. The other man McGarry had his trousers unbuttoned in front, he had all that he had and had it in motion with the other man. I called Mr Shea’s attention to it. They One was trying to cohabit with the other. I

    To the Bench: The big man was trying to have connection with the little man and the little man seemed to be quite willing.

    To the accused: No questions.

[Signed] A Shields.

Taken and sworn at Albury this 25th day of February 1908 before.
[Signed] CE Oslear, PM.

5

This deponent Arthur Andrews on his oath, saith as follows:–

    I am a legally qualified Medical Practitioner and Government Medical Officer and reside at Albury.

    I examined the prisoner McLeod, the shorter of the to [sic] at the Albury lock up at 8 o’clock last night. There was no mark on him to show that anything had occurred. I also examined some clothing he had taken off. There were recent stains on them that had the appearance of semen. The trousers produced are the ones. I can’t be sure that they are the stains of semen as it would require a more minute examination. There was no evidence of any violence.

    I can’t swear penetration had not been effected.

    To the accused: No questions.

    To accused McLeod: There was an apparently fresh stain on your trousers.

    To the Police: The stain could not have been made by an emission from himself.

[Signed] Arthur Andrews.

Taken and sworn at Albury this 25th day of February 1908 before.
[Signed] CE Oslear, PM.

6

(F. 2 – “Justices Act, 1902.”)

Statement of the Accused.

State of New South Wales, Albury
TO WIT.                                        }

Alexander Lamont McLeod (hereinafter called the defendant) stands charged before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, this 25th day of February in the year of Our Lord one thousand nine hundred and eight for that he, the said defendant, on the 24th day of February 1908, at Mullengandra in the said State, attempt to commit the abominable crime of buggery with one Alexander Bernard McGarry on the 24th February 1908 and the said charge being read to the said defendant, and the witnesses for the prosecution, Frank Wilkinson of Bowna, in the said State, Constable of Police. Arthur Andrews of Albury in the said State, Medical Practitioner. William Joseph Shea, of Mullengandra in the said State, hotel keeper, and Arthur Shields of Mullengandra barman being severally examined in his presence, and (the depositions of the said witnesses having been 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:– “I was drunk and don’t remember anything about it.”

[Signed] A McLeod.

Taken before me and read over to the said defendant at Albury in the said State, the day and year first above mentioned.
[Signed] CE Oslear, PM.

7

(F. 2 – “Justices Act, 1902.”)

Statement of the Accused.

State of New South Wales, Albury
TO WIT.                                        }

Bernard McGarry (hereinafter called the defendant) stands charged before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, this 25th day of February in the year of Our Lord one thousand nine hundred and eight for that he, the said defendant, on the 24th day of February 1908, at Mullengandra in the said State, attempt to commit the abominable crime of buggery with one Alexander Lamont McLeod and the said charge being read to the said defendant, and the witnesses for the prosecution, Frank Wilkinson, of Bowna in the said State, Constable of Police. Arthur Andrews, of Albury in the said State, Medical Practitioner. William Joseph Shea of Mullengandra in the said State, hotel keeper, and Arthur Shields of Mullengandra in the said State, barman being severally examined in his presence and (the depositions to the said witnesses having been 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:– “I done nothing to him.”

[Signed] B McGarry.

Taken before me and read over to the said defendant at Albury in the said State, the day and year first above mentioned.
[Signed] CE Oslear, PM.

8

G. 190.

New South Wales,
TO WIT.                     }

REX.
versus
Alexander Lamont McLeod, and Bernard McGarry

Offence,— Attempt to commit the abominable crime of Buggery.

    The accused stands committed to take their trial at the next Court of Circuit Court to be holden at Albury, in the State of New South Wales, on the fourteenth day of April 1908. Bail allowed the accused in £ and two sureties in £ each, or one in £

[Signed] CE Oslear, PM

JP.

Dated at the Police
Office, Albury
in the said State,
this twenty-fifth
day of February
AD 1908
4g 416 - 88

9

“Justices Act, 1902.”

Recognizance to give Evidence.

State of New South Wales, Albury
TO WIT.                                        }

Be it remembered, that on the 25th day of February in the year of Our Lord one thousand nine hundred and eight Frank Wilkinson a Constable of the Police Force, stationed at Bowna in the State of New South Wales, Arthur Andrews, of Albury in the said State, Medical Practitioner. William Joseph Shea of Mullengandra in the said State, hotel keeper. Arthur Shields, of Mullengandra, in the said State, barman 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 Albury in the said State, before me.
[Signed] CE Oslear, PM.

The condition of the within written Recognizance is such, that whereas two Alexander Lamont McLeod and Bernard McGarry was [sic] this day charged before Charles Edward Oslear, Police Magistrate, Esquire one of His Majesty’s Justices of the Peace for the said State, for that at Mullengandra in the said State, they the said Alexander Lamont McLeod, and Bernard McGarry did attempt to commit the abominable [crime] of buggery on the 24th day of February 1908.

If, therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Albury in and for the State of New South Wales, on Tuesday the 14th day of April 1908, 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 Alexander Lamont McLeod, and Bernard McGarry for the offence aforesaid, to the jurors who shall pass upon the trial of the said Alexander Lamont McLeod, and Bernard McGarry.

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

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Circuit Court,
Albury
14 April 1908
AG’s No. 08/24
Depositions.
CS’s No. 1
Rex
v.
Alexander Lamont McLeod
and
Bernard McGarry
Attempted unnatural offence
AG submitted
Under Secretary
2/3/08
Committed at: Albury
on: 25 February 1908

~ ~ ~ ~ ~

Court. Circuit Court Albury
Date. 14th April 1908
Cor. GB Simpson Judge.
Plea. Both not guilty
Verdict. Both not guilty
Judgment.
[Signed] H[enry] N[ormand] McLaurin
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.

~ ~ ~ ~ ~

Attempt to commit buggery
[Initial illegible]
28.2.08
(See McDonald, 1 SCR NSW, 173)
Approved
C[harles] G[regory] W[ade]
3/3/08

~ ~ ~ ~ ~

The Albury Daily News and Wodonga Chronicle, Mon 13 Apr 1908 ⁶

ALBURY CIRCUIT COURT.
———✦———
LIST OF CASES.

    The Albury Circuit Court commences at the local Court House to-morrow morning, at 10 o’clock, before his Honor Mr Justice GB Simpson. Associated with the Judge will be Mr WKS Mackenzie, Cler of Arraigns. Mr Henry Normand McLaurin will act as Crown Prosecutor. Following is the list of criminal cases set down for hearing:—

    Patrick John Byrne, horse stealing and receiving, from Corowa.

    John McMahon, horse-stealing (two charges), from Tumbarumba.

    Alexander Lamont McLeod and Bernard McGarry, attempting an unnatural offence, both from Mullengandra.

    Henry Wallace, attempting an unnatural offence, from Albury.

~ ~ ~ ~ ~

The Albury Daily News and Wodonga Chronicle, Tue 14 April 1908 ⁷

ALBURY CIRCUIT COURT.

    The Albury Circuit Court opened this morning, before His Honor Mr Justice GB Simpson. ⁸ Mr WKS Mackenzie acted as Associate and Clerk of Arraigns; and Mr Henry Normand McLaurin as Crown Prosecutor.

    Dr Andrews, Deputy Sheriff, occupied a seat on the Bench.
…

AN UNNATURAL OFFENCE.

    Bernard McGarry and Alexander Lamont McLeod were charged with having, at Mullengandra, on February 21, 1908, attempted to commit an unnatural offence. Both accused pleaded not guilty.

    The following jury was empanelled:—PL Vines, John Campbell, F Simmens, SE Watson, H Brunner, E Lavis, J Smithenbecker, E Grosse, C Shipard, C Molkentin, Jas. Hall, and R Matuschka.

    Major Wilkinson appeared for McGarry.

    The Crown Prosecutor [Henry Normand McLaurin] explained the charges to the jury, and then called

    Constable Frank Wilkinson, Bowna, who gave evidence as already reported in the Daily News. The only thing fresh adduced was a sworn declaration made by accused McGarry, who stated that he was innocent, and charged McLeod with being the offender. Mc Garry swore in his declaration that he not only refused to have anything to do with McLeod, but at once reported the matter to Mr Shea, licensee of the Mullengandra Hotel.

    In reply to Major Wilkinson, witness said he had known McGarry for several years, and always found him working at rabbiting on Tabletop Station. Mr Mitchell had given the man an excellent character. When he arrested him, McGarry was very drunk.

    In reply to accused McLeod, witness stated, that he was also drunk when arrested.

    William Shea, Licensee of the Royal Oak Hotel, Mullengandra, described the alleged offence in detail.

    Major Wilkinson: You are a Justice of the Peace, are you not?

    Witness: Yes.

    Did you get your commission before you went into the hotel business? – Yes; what has that to do with it?

    His Honor: What has this to do with the case?

    Major Wilkinson: I submit it has a bearing on the case. (To witness) – What state was McGarry in? Was he drunk?

    Witness: No, he was not drunk. He had a few drinks.

    Major Wilkinson: Wasn’t he drinking there for some days, and did he not spend £15?

    Witness: He may have spent about fifty shillings.

    McLeod: Was I drunk?

    Witness: No, you were not drunk. You had a few drinks.

    Arthur Shield, employed at the Mullengandra Hotel, again went over the details of the case, and in reply to His Honor said McGarry was very drunk. He had been drinking for some days at the hotel. McLeod was also under the influence of drink. McLeod was practically mad about 10 o’clock that morning. He was running round and round the yard roaring. Witness served him with schnapps when he came into the hotel that morning.

    In reply to Major Wilkinson, witness said in the seven days McGarry was at the hotel he must have changed five or six sovereigns in drink. He shouted a good deal.

    Dr [Arthur] Andrews, Government Medical Officer, also gave evidence.

    This concluded the Crown case.

    Bernard McGarry elected to give evidence, and stated that his sworn declaration was correct. He was at the hotel for the night of the 15th February to the morning of the 24th. When he went there he had 15 sovereigns on him. He used to get drunk and go away up the road, lie down, and when he became sober go back to the hotel and get more drink.

    Major Wilkinson put in a testimonial of McGarry’s character from Mr FJ Mitchell of Tabletop Station.

    Accused [Alexander Lamont] McLeod also gave evidence, describing how he went to Shea’s hotel and had a drink with the publican.

    His Honor: Did this man say he was still a magistrate?

    Major Wilkinson: I understood him to say so, Your Honor.

    His Honor: I can see your reference to it now; it was a most important bearing on the case. It seems to me a funny thing that a man should be a magistrate, and be allowed to keep a hotel in this manner, where a man goes and spends five or six sovereigns in a few days and the publican drinks with him. However, I’m not responsible for it, and neither are you (to Major Wilkinson.)

    Accused Mcleod, continuing his evidence, said he also drank with the barman. He (McLeod) drunk schnapps and port wine, and it took only a few of them to overpower him.

    In reply to the Crown Prosecutor, accused said he did not recollect anything of the offence alleged against him.

    Wm. Shea, re-called, said it was not true that McGarry spoke to him about McLeod. It was not true that he had a drink with McLeod. In his opinion McGarry was not drunk. It all depended on what a man’s view of drunkenness was. McGarry spent about fifty shillings. He might have changed five or six sovereigns, but did not spend them.

    His Honor: But your barman says he did spend them.

    His Honor asked witness Shea how it was that he, a magistrate, saw this offence going on, and did not stop it.

    Witness Shea: I sent for the police at once, Your Honor. What more could I do?

    His Honor: You should have stopped it first, and sent for the police afterwards.

    This concluded the case, and Major Wilkinson addressed the jury on behalf of McGarry. He urged on the jury that in this case, as in the last, liquor had reduced both these men to little short of beasts. Major Wilkinson commented strongly on the action of the publican, a Justice of the peace, allowing McGarry to drink himself into such a state without affording him any protection. After a lengthy address, Major Wilkinson asked the jury to acquit McGarry on the facts of the case.

    His Honor, in summing up, dwelt severely on the action of Shea and Shields in not taking steps to prevent the committal of the alleged offence. It remained for the jury to consider the worth of the evidence of a man who failed to do what probably nine out of ten other men would have done. He was sorry to say a number of magistrates did not know their duty, and perhaps Mr Shea was one of those; perhaps he was not. His Honor then lengthily reviewed the evidence.

    The jury were considering their verdict when we went to press.

~ ~ ~ ~ ~

The Albury Daily News and Wodonga Chronicle, Wed 15 April 1908 ⁹

ALBURY CIRCUIT COURT.

    Shortly after we went to press last evening the jury in the Mullengandra case returned to Court and the Foreman (Mr J Campbell) announced that both accused, viz., Bernard McGarry and Alexander Lamont McLeod, were found not guilty.

    His Honor thereupon discharged both accused, who at once left the Court.

    At about 6 o’clock His Honor announced that no more business would be taken that night.

~ ~ ~ ~ ~

The Border Morning Mail and Riverina Times, Wed 15 April 1908 ¹⁰

ALBURY CIRCUIT COURT.

FIRST DAY.

    The Albury Circuit Court commenced its sittings yesterday, be fore Mr Justice GB Simpson. Mr Henry Normand McLaurin acted as Crown Prosecutor; Mr AE Hayes represented the Crown solicitor’ Mr WKS Mackenzie, Judge’s Associate; and Dr Andrews as Deputy Sheriff.

    Arthur Phillips and WA Chamberlain were excused as jurors.
…

SERIOUS CHARGE – VERDICT NOT GUILTY.

    Bernard McGarry and Alexander Lamont McLeod were charged with having attempted to commit an unnatural offence at Mullengandra, on February 24, 1908.

    Both prisoners pleaded not guilty. McGarry was defended by Major Wilkinson.

     His Honor directed that the court be cleared of boys and young persons.

    The following jury was empannelled:– [sic] Henry Peter Brunner, James Hall, John Smithenbecker, Ernest Gottlieb Grosse, Elisha Lavis, Reinhold Matuschka, Frederick L Vines, Sydney Charles Shipard, Frederick Simmons, John Campbell (foreman), Carl Frederick Molkentin, Samuel Edward Watson.

    Frank Wilkinson, constable of police, stationed at Bowna, deposed that at 2.20 pm on February 24 he went to the Royal Oak Hotel, Mullengandra, and found the prisoners in a hut at the back of the hotel. The landlord, W Shea, gave them in charge (The witness here gave details which are unfit for publication). McLeod said he remembered nothing about it. After charging McLeod he said he was innocent and knew nothing about McLeod. The statement produced was made by McGarry and signed by him.

    To Major Wilkinson: McGarry was very drunk. Had known him off and on for two years. He had been working at Tabletop Station, about 5½ miles from the Royal Oak Hotel. Knew nothing against McGarry; he had an excellent character.

    To prisoner McLeod: You were drunk when arrested; but not so drunk as McGarry.

    William Joseph Shea, hotelkeeper, Mullengandra, deposed that on February 24 last a man named Arthur Shield told witness to look in an outhouse at the back of the hotel. (Witness here detailed some evidence unfit for publication). Witness then sent for the police; he did not interfere with the men.

    To Major Wilkinson: McGarry was not drunk but he had had a few drinks. Witness was a JP. One of the men had spent about 50/- in his house. They had been there about 7 or 8 days.

    Arthur Shield, labourer, Mullengandra, deposed that on the day in question the two accused were in a lumber room at the back of the hotel. (Here the evidence became unfit for publication). Witness called Shea. The door of the room was partly open and witness went into the room. About 20 minutes later Shea came to the window. Witness locked the door and sent for the police.

    To Major Wilkinson: Had never seen McGarry till the Saturday night, about nine days previous. McGarry was drinking heavily; he had only about six meals in the whole seven days. The men must have seen him the first time he entered the room. Did not call out to them or speak to them; neither did Shea.

    To His Honor: McLeod was drunk; he was mad with drink about 10 am and was running round the yard roaring. He had had schnapps and port wine to drink separately. At 9 am that day he was sober.

    To Major Wilkinson: Cashed about three sovereigns for McGarry; the other prisoner cashed a cheque for £1 18/. Mr and Mrs Shea also served in the bar.

    Arthur Andrews, duly qualified medical practitioner and Government medical officer, gave evidence.

    This concluded the case for the Crown.

    For the defence, Bernard McGarry, to Major Wilkinson, said he was a labourer, 45 years of age. From February 15 to 24 had been staying at Shea’s Hotel. Had £15 on him when he went there; at the police station in Albury he found he had only 8/ or 9/. He spent the balance at the hotel. During his stay at the hotel he went out for a little while, occasionally he lay under a tree and got sober. He would then return for more drink. He had never seen McLeod before the morning on which the crime was said to have been committed. McLeod came into witness’ room and asked to be allowed to lie on the bed. Witness kicked McLeod on to the floor and called out for Shea, asking for protection.

    The accused McLeod also gave evidence that he had had three or four drinks about 9 am. Went to the kitchen. Was told he could not go in and from that he remembered nothing more. Ordinarily three or four drinks would make him very excited.

    To the Crown Prosecutor: Was dazed when the constable arrested him in the yard.

    William Shea, recalled, said McGarry never spoke to him; he had never had a drink with McLeod.

    His Honor: How is it that you, a magistrate, saw this offence about to be committed and did not stop it?

    The witness: I did what I considered me duty by sending for the police.

    Major Wilkinson then made a powerful and telling address to the jury; also putting in a reference as to character from Tabletop Station.

    His Honor summed up at considerable length, saying that the evidence was most extraordinary and contradictory. According to the testimony both accused were overcome with drink.

    At 5 pm the jury retired to consider their verdict. At a few minutes after five the jury intimated that they had agreed and on returning to court the foreman announced that they found both prisoners not guilty.

    The men were thereupon discharged.

~ ~ ~ ~ ~

The Albury Banner and Wodonga Express, Fri 17 April 1908 ¹¹

ALBURY CIRCUIT COURT.
(Before His Honor Mr Justice GB Simpson).

    Deputy Sheriff: Dr Andrews. Judge’s Associate: Mr WKS Mackenzie Clerk of Arraigns. Crown Prosecutor: Mr Henry Normand McLaurin.

Tuesday, April 13.

…

AN UNNATURAL OFFENCE.

    Bernard McGarry and Alexander Lamont McLeod were charged with having at Mullengandra on 24th February, 1908 attempted to commit an unnatural offence. Both accused pleaded not guilty.

    McGarry was defended by Mr Wilkinson.

    The jury was as follows:– FL Vines, John Campbell, F Simmons, S Watson, HP Brunner, E Lavis, J Smithenbecker, E Grosse, C Shipard, C Molkentin, Jas. Hall, and R Matuschka.

    Lengthy evidence of an unprintable description was given.

    Constable Wilkinson, of Bowna, stated that he arrested the accused at the Royal Oak Hotel, Mullengandra, on information laid by Mr Shea, the licensee. He produced a statement made by the accused McGarry at the Albury lockup. In this McGarry stated that he was innocent, and charged McLeod with being the offender.

    In reply to Mr Wilkinson, the constable stated that he had known McGarry for several years. He was employed on Tabletop Station, and bore an excellent character. At the time of his arrest he was very drunk.

    In reply to McLeod, witness said he too was also drunk when arrested.

    William Shea, licensee of the Royal Hotel, Mullengandra, described the alleged offence in detail.

    In reply to Mr Wilkinson, witness said he was a Justice of the Peace. He got his commission before he became a publican. McGarry was not drunk. He had a few drinks. He had been about the hotel for some days, but did not spend £15. He may have spent about 50/.

    In reply to McLeod, witness said he (McLeod) was not drunk. He had a few drinks, but was not under the influence of drink.

    Arthur Shield, employed at the Mullengandra Hotel, also gave a version of the behaviour of the accused.

    In reply to His Honor, witness said McGarry was very drunk. He was on the spree at the hotel for some days. McLeod was also drunk. He appeared to be practically mad that morning about 10 o’clock. He was “roaring around the yard” before he went into the room where McGarry was lying. Witness served McLeod with schnapps that morning.

    In reply to Mr Wilkinson, witness said McGarry had been at the hotel for six or seven days, and to witness’s knowledge cashed five or six sovereigns, which he spent. He shouted a good deal. He only had six or seven meals during the time he was at the hotel.

    Evidence was also given by Dr Andrews, Government Medical Officer.

    This was the case for the prosecution.

    For the defence.

    The accused McGarry gave evidence and deposed that the statement produced by Constable Wilkinson was correct as far as it went. When McLeod came into the room where he was lying, witness told him to go away, as he would stand no nonsense from him. He called Mr Shea. He had never seen McLeod before. Witness was at the hotel from the night of the 15th February until the morning of the 24th February. He went there with 15 sovereigns, and when he left he had 8/ or 9/. He used to get drunk, and go away a few chains and lay down. When he became sober he would go back and have more drink.

    With the consent of the Crown Prosecutor, Major Wilkinson here tendered a testimonial as to McGarry’s good character from Mr FJ Mitchell, manager of the Tabletop Estate, where he had worked since 1905 until recently.

    The accused McLeod also elected to go into the box and give evidence. He said he went into the hotel early on the morning of the 24th February. He had drinks with the licensee, the barman, and with McGarry.

    His Honor said he could see now the force of some of the questions which Mr Wilkinson had asked Shea. It was an extraordinary thing that a man should be a magistrate and be allowed to keep an hotel in this manner.

    McLeod (continuing) said he drank schnapps and port wine. He became overpowered. He had once before done something whilst drinking which he had no recollection of. He remembered going out into the yard, but had no further recollection of what transpired until he was arrested by Constable Wilkinson.

    William Shea (re-called) said it was not true that McGarry had called out to him about McLeod, nor was it true that he had drink with McLeod. In his opinion the men were not drunk. McGarry spent no more then 50/. He may have cashed five or six sovereigns, but he did not spent them. He might have given money to anyone he met on the road.

    In reply to His Honor, witness said he did not stop the men, because he thought it was his duty to send for the police.

    His Honor: You are a magistrate, and should know that it was your duty to stop them first and send for the police afterwards.

    This concluded the evidence.

    In his address to the jury, Mr Wilkinson urged the acquittal of McGarry. He dealt trenchantly with the evidence given by the witnesses Shea and Shield, who contradicted one another repeatedly.

    His Honor, in summing up, described the evidence for the prosecution as extraordinary. It was hard to understand that a man who was a justice of the peace should see what he said he had seen going on and yet make no attempt to prevent it. His evidence was that he didn’t think that it was his duty to interfere. The fact that neither Shea nor Shield did not do what nine out of every ten men would have done in the circumstances was important. Everybody was bound to prevent crime. Of course, there were even magistrates who were not cognisant of what their duty was, and perhaps Mr Shea was one of them. “The evidence revealed a most extraordinary, disgraceful, incredible state of affairs,” continued His Honor, reviewing the evidence of the witness Shield, as to the dissipation indulged in by McGarry. “I hope this case will be fully reported,” he added. “It will show the public what goes on at these places.” According to McGarry’s own evidence he spent £15 in six or seven days, all but 8/ or 9/, whilst Shield said he only had six meals during all that time. Then they had the evidence that McLeod was roaring about the yard on two drinks. Of course, drunkenness was no excuse, but true licensing reform – the licensing of only respectable men and the close rigid inspection of liquor – would, he was quite sure, prevent much misery and wretchedness.

    The jury retired about 5 pm, and after a brief retirement returned into court with a verdict of not guilty. The two accused were then discharged.
…

NOTES ON CURRENT EVENTS.
———◦———

…
    CROWN PROSECUTOR COMPLIMENTED.—At the conclusion of the business at the Circuit Court on Wednesday afternoon His Honor Mr Justice GB Simpson complimented Mr Henry Normand McLaurin, who had discharged the duties of Crown Prosecutor during the sittings. His Honor said he liked to see fairness, and he was very pleased with the fair, yet able, manner in which Mr [Mc]Laurin had conducted the prosecution.
…
    ALBURY COURT HOUSE.—After the jurors at the Circuit Court were “paid off” their allowances on Wednesday one juryman, Mr PD Burrows, handed the Clerk of Petty Sessions the sum of ten shillings for the hospital box, which is placed in the Court-house. In Victoria a poor box is left on the Court table, and when any defendant is admonished and discharged, the usual thing is to place a contribution in the poor box. If this were done at Albury the local hospital might benefit a little more.
…
    THE USES OF THE PRESS.—His Honor, Mr Justice GB Simpson turns a very kindly eye towards the press, and apparently entertains a high opinion of its influence upon the mental and moral well-being of the community. On several occasions during the sittings of the Circuit Court here this week, His Honor expressed the hope that the press would publish full reports of certain parts of the proceedings, “in order to let the public know what went on in their midst.” In the course of his important address regarding the First Offenders’ Act on Wednesday afternoon, His Honor’s respect for “the men who sit behind dirty ink-pots” (to quote Mr EW O’Sullivan’s famous if inelegant phrase) was particularly noticeable. He quoted at considerable length from a leading article which had appeared in a Sydney daily newspaper recently, and said he adopted the position taken up by the writer as exactly his own attitude on the matter. After explaining what he considered to be the true intention and scope of the Act in question, he expressed hope that the press would impress the matter on the public mind by means of their wide circulation.
…
    NOT A CIRCUS.—Although we have it on excellent authority that whilst “care to our coffins adds a nail no doubt, every laugh so marry draws one out,” His Honor Mr Justice Simpson does not believe in merriment in the Court-house. “Stop that noise!” he commanded, when the inevitable simmer of laughter amongst those in the body of the court followed some amusing remarks from the professional table or the witness box. Then “Silence!” would be commanded by the stern-faced policemen and anyone present whose sense of humour had not been dulled by a too close association with the sombre Law, would have to suppress their chuckle, and fell [sic] uncomfortable whilst they endeavoured to look dignified. “I will not allow laughter in this court,” said His Honor on one such occasion on Tuesday. “This is a serious matter; we are not engaged in a comedy or a circus.” Then in a softer tone he asked those present to keep quiet and not make any noise whilst the proceedings were going on. His Honor’s request was respected for the rest of the day. Even when His Honor himself (with a twinkle in his eye) asked the Crown Prosecutor subsequently if “Will-he-go-Bung” (where one of the alleged stolen horse was said to be grazing) was a “native name,” there was nothing more than an inaudible smile in Court. In ordinary circumstances such a judicial “joke” would cause what the newspaper reporters usually describe as “great laughter.”

 

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Alexander Lamont McLeod, 1933

Riverina Recorder, Sat 4 Mar 1933 ¹²

BALRANALD
POLICE COURT
———◦———
BEFORE MR J THOMPSON, JP.

    At the local Police Court on Tuesday, 28th February, before Mr J Thompson, JP, Alexander Lamont McLeod was charged with being under the influence of liquor in River Street, Balranald was fined 10/-, in default, the rising of the Court.

    Alexander Lamont McLeod was proceeded against on a further charge of being in possession of a hammer, valued at 2/6, reasonably believed to have been stolen.

    Police Constable Pickup in evidence stated that on the 27th February he arrested accused on a charge of drunkenness. A search revealed the hammer in a sugar bag containing shirts and pannikins. On being asked where he got the hammer accused said he had picked it up near the bridge. Later accused admitted taking the hammer from a seat in front of Aston’s Hotel. Nothing was known against accused for 20 years.

    Defendant in pleading guilty said that he had no questions to ask and he consented to the case being disposed of summarily.

    On account of defendant’s age, the Bench decided to treat him leniently, and he was fined £2 in default 4 days hard labour.

 

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¹     The Riverine Grazier, Tue 7 May 1901, p. 2. Emphasis added.