Depositions for John Turner 1 Oct 1908 Wagga Wagga trial 1
(a) Town. |
Letter from Bench of Magistrates at (a) Daysdale |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Rex v. (b) John Turner |
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(c) Offence. |
(c) Committing an indecent assault on a male person |
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(d) Town. |
Police Office, (d) Daysdale |
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3rd September 1909 |
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Sir, |
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(e) Name of accused |
case of (e) John Turner |
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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) Quarter Sessions |
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to be held at (h) Wagga Wagga |
on Monday |
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(h) Town where Court |
the 14th day of September 1908 |
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The accused is (i) has been admitted to bail self in £50. Michael Breen Mahonga, Farmer in £25. Simeon Levi West, Mahonga, Farmer in £25. |
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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) Robert Mott, John Arthur Mott, Joseph West, Arthur West, John Wormel Glenn, William Walsh, Charles Herbert Quinn, Thomas Watkins, Patrick Brennan, Francis Alexander Steele – not bound over under age.
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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] J[ohn] W[alter] Fletcher, PM |
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Clerk of Petty Sessions |
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The Under Secretary, |
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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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~ ~ ~ ~ ~
Memorandum.
The Clerk of the Peace, Sydney
17 September 1908
HB Bignold Esquire, Chambers.
Will Mr Bignold kindly peruse the accompanying indictment in the case for Wagga Wagga Circuit Court, and if he approves of same, note such approval in pencil on the fold of the indictment, otherwise making any necessary alteration or addition.
[Initialled] AEW, for Clerk of the Peace.
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Commonwealth of Australia.
Postmaster General’s Department, New South Wales.
Telegram from Daysdale Station
Addressed to Clerk of Peace, Sydney
Witnesses warned not to attend Sessions Wagga Wagga 14th case Rex versus Turner.
[Signed] Constable Glenn
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Court House, Daysdale
4th September 1908.
The Crown Solicitor, Sydney
Sir,
Yesterday the 3rd instant a man named John Turner was committed to take his trial at Wagga Wagga Quarter Sessions on the 14th instant for committing an indecent assault on a male person. The chief witness the complainant Francis Alexander Steele was not abound over to appear at the said Court. The Police Magistrate stating he was too young being only 18 years of age and he has no guardians who could be bound over. The Police Magistrate instructed me to have him served with a Crown Subpoena, will you kindly forward the subpoena to Daysdale for service.
I have the honor to be Sir, your obedient servant.
[Signed] JW Glenn, Acting CPS.
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Depositions of Witnesses.
New South Wales,
TO WIT. }
The examination of John Wormel Glenn of Daysdale in the State of New South Wales, Constable of Police taken on oath this 3rd day of September, in the year of Our Lord one thousand nine hundred and eight at Daysdale in the State aforesaid, before the undersigned, one of His Majesty’s Justices of the Peace for the said State, in the presence and hearing of John Turner who is charged this day before me, for that he the said John Turner, on the 30th day of August 1908 at Mahonga in the said State, did commit an indecent assault on Francis Alexander Steele, a male person. This deponent John Wormel Glenn on his oath, saith as follows:–
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This deponent John Wormel Glenn on his oath, saith as follows:– I am a Police Constable and reside at Daysdale.
On Monday night the 31st August complainant Francis Alexander Steele came to me at 8 pm at Daysdale and made a statement to me, in consequence of which the following morning at 5 am I proceeded to Mahonga a shearing shed. I got there at about 7 am. Complainant arrived at the shed shortly afterwards. The complainant pointed out the accused who was working in the shed shearing wool with a number of other men. I went to the accused and told him I wanted to speak to him and brought him out of the shed
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and in complainant’s presence I said to the accused “This lad states you assaulted him and attempted to commit an indecent assault on him on Sunday night,” – accused replied “He’s a bloody young liar. I never touched him.” I said to him “Were you with this lad on Sunday night?” He said “Yes, just here,” pointing to a place near the end of the shed. I then said to the accused “I am going to ask you a few questions, you are not compelled to answer them, but whatever statement you make may be used in evidence against you.” I said to accused “Did you go to West’s or attempt to go to West’s with this lad on Sunday night?” He said “No, he went on his own. I left him at the corner against
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the engine shed.” I said to complainant then “Can you take us to the spot where you say the offence was committed?” He replied “Yes, I think so.” I said “Go on then,” and accused and I followed. He went through a gate near the killing yard, and through another gate into a large paddock between the shed and West’s house on to a wide cleared road. He followed the road about 60 yards and slipped near a green box tree. He stood there, accused and I came up, complainant said “This is the place, I think.” I examined the place but there were no distinguishable tracks. The ground was hard and dry and tracks of sheep all over the ground. We looked about and then returned to the shed. William Brennan
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was in the wool room. I said to him in accused’s presence “How was this man dressed on Sunday night? Was he wearing a coat?” Brennan replied “I don’t think so.” Accused said to Brennan “Be careful what you are saying. Didn’t I borrow your coat on Sunday morning to go to Daysdale?” Brennan said “You might have.” I said to accused “You wore Brennan’s coat to Daysdale on Sunday?” He replied “Yes certainly. I had it all the night.” I went down to the hut where he sleeps & examined a shirt which he accused states he was wearing on Sunday night. I afterwards arrested h the accused & brought him to the Daysdale lock up & charged him. In reply to the charge
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accused replied “You’ve got a trumped up case to go on with before you start.” On the Monday night when the lad came to me I took off his clothes and examined his body. I saw a slight bruise on the right hip, also a bruise on his left cheek just below the eye. His face was then slightly swollen, also on the top of the head there was an abrasion and his hair was matted with blood. On Sunday after dinner I saw accused over against the blacksmith’s shop. I was close to him. He was then dressed in a light coloured shirt & a black pot hat but he had no coat on.
Cross examined by accused: When we went into the paddock
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the boy went straight to the stop spot pointed out. I said to the boy “Is this like the shirt he was wearing on Sunday night?” The boy said “I thought it was a white starched shirt.”
[Signed] JW Glenn.
Taken and sworn at Daysdale on the 3rd day of September 1908 before me.
[Signed] JW Fletcher, PM.
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This Deponent Francis Alexander Steele on his oath, saith as follows:–
I am a labourer and reside at Mahonga Station. On Sunday night August 30th I saw the accused about 7 pm. I had bought a cap from a hawker at that hour. I then went up to the rouseabouts’ hut. I stopped there a few minutes and was talking to Alfred Soul. The accused said “Will you come for a walk down to West’s?” I said “All right.” We went up to the woolshed on the side nearest the cottage. The accused, Brennan, and Walsh had a bottle of whiskey. Accused took the bottle out of a gig. they Accused before they had the drink sent me down to the hut for a pannikin. I got it.
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I took it to the shed to the 3 men. They had a drink. They asked me to have one. I refused. Then Brennan and Walsh went back to the hut. Walsh took the whiskey. Accused said “Come on, we’ll go down now.” I said “Wait a bit, I’ll run down & get the boys’ football and take it down to them.” We I got it from the hut and went back to accused. I got Brennan’s dog tied it by a string & started to lead it away. We went a few yards & the dog began struggling & barking. Accused cut the string & the dog went back. Then we went on towards West’s. We met two West boys near the killing house & I gave them the football. Accused said to the boys “Who’s home?” The smaller said “father and mother.” Accused said “Come on Frank, we’ll go down.” Then we went on and went
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thro’ the gate by the killing house. We went on towards West’s & went thro’ another fence. West’s is over ½ a mile from shed. We were talking as we went along. Accused asked where I was going when I finished at Mahonga. I said “to Finley, I may get a job there.” Accused said “I’ll get you a job there because we (?) there.” I said “All right, I’ll pay it back some day.” He said “That’s all right, I don’t want you to pay me back.” He put his arm then round my neck & said “We’ll stick together, won’t we.” He asked me then “Give me a kiss.” I turned my head away. He started kissing me and sucking my lips, putting his tongue in my mouth. He had both arms round me and I couldn’t move. I said “What do you want to do to me?”
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He said “I only want to love you.” He said “You are a good little boy, aren’t you. I love every inch of you.” Then I started to struggle with him. I put my leg behind his, tripped him & we both fell. Then he got hold of me, held me tight and started to take my trousers down. I am 18. He got them down to my thighs. I couldn’t get my arms loose, he was too strong for me. I struggled with him & got on my feet again, then he undid his fly and opened his trousers and took out his penis, it was erect. I could see it, he wanted me to take hold of it. The moon was up a little at the time. I tried to get away and he caught me by the back of the neck & forced my head down. He was holding me by both hands, he screwed my head round
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and forced it down, low enough to get his penis on to my lips but he didn’t get it into my mouth. I jerked my head back then, and we both went to the ground. He said “Keep still and sit down beside me.” Then I struggled to get away, but he rolled me over on my back and got on top of me. He held hold of both my arms. I got one of them loose and put my fingers in his nostrils. He went back & sat lay on the ground and I got pulled me over on top of him. We worked round on to our sides. I put my hand in my pocket and pulled out my knife. I opened the blade with my teeth having only one hand loose. I was going to stab him and said “If you don’t let me got you’ll get it.” He got my thumb and bent it back. I opened my
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hand and the knife fell our. He took the knife and threw it a little away. I then got loose & got on my feet. I kicked him on his (loins ?) and then got away. I made a rush for my cap and missed it. Then I dodged away and ran. He jumped up and chased me. He swore at me & stopped running after a few yards. I ran straight away up to the hut. I did not go in. I waited at the corner between the two huts till I saw accused coming. I ran round between the two huts. I ran back to the spot where I had lost my cap, but couldn’t find it. Then I ran back to the hut. The first man I saw there was the offsider. Robert Andrews I believe is his name. I asked him if he had seen Bob Mott who was my friend. B Robert Mott came out of the kitchen. I said “Come over here,”
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and I told him everything that happened. He went into the shearers’ hut and came out after with his brother & a couple of others. I went into the rouseabout’s hut and the accused was there. He didn’t see me. I went back to the shearers’ hut, and the men spoke to the rep and the rep took me to Mr Baker the overseer. I reported the matter to the police next day.
Cross-examined by accused: I remember Monday morning I went into the paddock with the two reps, another man, and the man you. We went into the paddock with the intention of finding the place were [sic] the alleged assault took place. I didn’t find the spot where the assault took place. I couldn’t swear to it. I looked for about 20 minutes. I went off the cleared line to look.
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I think I went off the cut line 150 yards. I remember being [in] the hut with the Constable when he was looking at my bunk. He showed me a shirt. I don’t think it was the shirt I was shown.
To the Bench: The Constable examined my body and found a spot on my hip that was caused by my being thrown down. He found under my eye was swollen. I don’t know how it was occasioned exactly. I know it as caused in the struggle. He found also a cut on my head. That was caused by my hitting a piece of wood when I was thrown on my face. I have been at Mahonga about a fortnight. I have never been to this particular place before.
Cross-examined by Mr Currie: I have known Turner about a fortni week
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I came from Port Fairy and have been working at Wodonga for two years.
[Signed] Frank Steele.
Taken and sworn at Daysdale the 3rd day of September 1908, before me.
[Signed] JW Fletcher, PM.
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This deponent Joseph West on his oath, saith as follows:– (He did not understand the nature of an oath, about 15 years of age.)
I am a son of Simeon Levi West and reside near Mahonga. I remember last Sunday. I and my brother left home at 20 past 7 to go to the woolshed. We met a man and a boy about half way between the killing pen & the shed. I knew the man by sight, but I don’t think I knew the boy. I spoke to the man. John Turner 2 The man now shewn to me was the man I met. It was too dark for me to be sure the boy is the same. The boy gave my brother the football he was carrying. It was ours. The man asked us whether anybody was at home. I said “Only father and mother.” We went on to the shed. The man and the boy went on, I believe. About an
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hour afterwards I saw the man in the huts. He had a coat on and a soft shirt on I think. I think he had a coat on but I didn’t take much notice. The man & the boy when we met them did not turn back with us, but appeared to go on in the direction we were going.
Cross-examined by Mr Currie: We weren’t long talking, a minute or two. I was about 5 yards from him, and more than that from the boy. I am pretty well sure the man before me is the man I me we met. It was 7.30 pm.
To the Bench: I have known him about 6 months as Jack. He has been feeding sheep with my brother.
[Signed] Joseph West.
Taken and sworn at Daysdale the 3rd day of September 1908 before me.
[Signed] JW Fletcher, PM.
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This Deponent Arthur West on his oath (he did not understand the nature of an oath, 17 years of age.) saith as follows:–
I am the son of Jose Simeon Levi West and reside at near Mahonga.
I remember last Sunday evening. I and my brother went up to the shed to hear the music. It was
dark, and a little moon. It’s about a mile to the shed. We met on the road a man and a boy. The man I knew he is called Jack. He was feeding sheep with my brother Walter West. I didn’t know the boy. The boy was carrying my football. He gave it to me back, saying “Here’s your football.” We went to the sheds, they went towards our home. We met them about 100 yards from the killing pen.
Cross-examined by Mr Currie: It was about 7.30 pm. I was about 5 yds away. I did not see any dog.
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I don’t know I saw Jack again up to the hut about an hour or an hour and a half. I didn’t speak to him.
[Signed] Arthur West.
Taken and sworn at Daysdale on the 3rd day of September 1908 before me.
JW Fletcher, PM.
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This Deponent John Wormel Glenn (recalled) on his oath, saith as follows:– On Tuesday morning last when I arrested accused I took possession of clothes then worn by complainant marked Exhibit A – coat, trousers & shirt. The shirt is torn in the left seam for about 6 inches also left breast pocket. The trousers are torn at the fork. The coat is torn at the right hand pocket.
[Signed] JW Glenn.
Taken and sworn at Daysdale the 3rd day of September 1908 before me.
[Signed] JW Fletcher, PM.
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This Deponent Robert Mott on his oath, saith as follows:– I am a labourer and reside at Mahonga. On Sunday night I saw the lad named Steele at the shearers’ dining room about 9 at night as near as I can tell. He asked for me & as he did so I met him in the door. He seemed excited and crying. The clothes were to some extent disarranged, the neck of the shirt was open and the fly of the trousers too. After I had had a conversation I went up to the shearers’ hut and told them. I did not notice any mark on his face. I didn’t examine him in any way.
Cross-examined by Mr Currie: I was about the hut all the evening.
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I did not see Brennan, Walsh and Quinn about the hut before 9 pm.
By the Bench: I had not seen accused as I can remember befor since dinner. I don’t recall meeting him after dinner at all.
[Signed] Robert Mott.
Taken and sworn at Daysdale the 3 day of September 1908, before me.
[Signed] JW Fletcher, PM.
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This Deponent John Arthur Mott on his oath, saith as follows:– I am a farmer and labourer and reside at near Wagga. I know accused. I saw him on Sunday night about 10 pm. I did not notice anything particular. I know the complainant Steele by sight. I saw him about 9 pm he was a little excited. He looked as if he had had a wrestling match, his clothes were open in front, his trousers were and his shirt was pulled out at one side. I said “What’s the matter with you?”, he appeared to have some trouble he wished to tell me about. There were a lot of men round. I did not see accused to my knowledge after 4 pm till about 10 pm when he came
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into the hut.
Cross-examined by Mr Currie: I did not speak to him at 10 pm & did not see anyone else. He came in & sat on the table. I did not see him speak. I have known Steele only about a week. I did not notice Turner’s dress.
[Signed] John Arthur Mott.
Taken and sworn at Daysdale the 3rd day of September 1908, before me.
[Signed] JW Fletcher, PM.
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This Deponent Thomas Watkins on his oath, saith as follows:– I am a shearer and reside at Mahonga.
I remember Sunday night. I know accused. I saw Steele on Saturday night about 8.45 pm. Steele was brought to me by two or three shearers. I did not notice anything in his appearance except that he was agitated. I have known him only a week. I am the rep of the AWU. The shearers called a meeting and asked me to make a statement to the overseer Mr Baker. I took the boy up and he made a statement. I saw the accused about before 9 pm. He put his head in the door and asked for Jim Ryan.
Cross-examined: I saw accused on Monday. I went down the paddock with him & the boy, my object was to see whether we could find the cap & coat knife of the boy.
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We searched. I said to the lad “You lead the way and we’ll follow.” The lad led the way and went thro the gate this side of the killing pen. He went down and went four panels past the gate to the right. The lad said the night before he went thro’ slip rails. We looked but could find no slip rails. We gave him 3/4 quarter [sic] of an hour to find the place where he was assaulted and the boy owned he couldn’t find the place. After having walked all over the paddock as far as West’s, it is I suppose 100 acres. It is a cart road direct thro’ the gate from the killing pen.
To the Police: I don’t know the size of the paddock.
Taken and sworn at Daysdale the 3rd day of September 1908 before me.
[Signed] JW Fletcher, PM.
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This Deponent Francis Alexander Steele on his oath, saith as follows:– I am a … and reside at …
We met the two boys about half way between the shed and the killing pen, about 200 yards. I have never been further than the killing pen before. We left about ½ past seven to go to West’s. Accused suggested we should go to West’s. He said “I want to see Levi.” Where we met the boys is about 20 50 yards from the paddock. I thought we went thro’ sliprails. We went about ¼ mile. I feel sure it is one of two spots. I remember a sawn trunk & a lot of dead timber. The assault must have taken close on an jour. I had no possible means of running away
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but I struggled all the time. It was a brown handled knife with two plates blades in it, a grey tweed cap.
[Signed] Frank Steele.
Taken and sworn at Daysdale the e day of September 1908 before me.
[Signed] JW Fletcher, PM.
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This Deponent Robert Mott recalled on his oath, saith as follows:– When I met the boy he was crying and excited. I thought things were radically wrong.
[Signed] Robert Mott.
Taken and sworn at Daysdale the 3rd day of September 1908 before me.
[Signed] JW Fletcher, PM.
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This Deponent Patrick Brennan on his oath, saith as follows:– I am a wool presser and reside at Mahonga. I know the accused. I saw him at Mahonga last Sydney Sunday. I was in his company for some time about between 5 & 6 pm. I had tea with him. I saw him after tea in the shearers’ hut. I went over with him to the rouseabouts hut. I think we had a drink together. Accused had a bottle of whiskey, I don’t know where he got it. As far as I can remember I don’t think I left him that night. I had had half a bottle of whiskey. I have probably had two drinks today. I don’t remember anything that happened on that night.
[Signed] P Brennan.
Taken and sworn at Daysdale the 3rd day of September 1908 before me.
[Signed] JW Fletcher, PM.
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This Deponent William Walsh on his oath, saith as follows:– I am a labourer and reside at Mahonga.
I know accused. Last Sunday I saw him in the morning and after dinner. After dinner we came to Daysdale and got back to the station about ½ past 5 or 6 pm. As far as I can remember we were together pretty well all night. We went up to Turner’s sulky at the shed to get a bottle of whiskey. We got the whiskey and drank a part of it. Brennan myself and Turner were there. The boy was there. He went down to get a pannikin. Then the boy went away with a dog and a football to go to West’s. The boy went alone. Turner & I & Brennan went to the rouseabout’s kitchen. I never saw the boy again. I won’t swear as to how long I was away from Brennan.
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Cross-examined by Police: I don’t remember seeing the West boys. Turner seemed to be with us all the time but I can’t say I particularly noticed.
[Signed] W Walsh.
Taken and sworn at Daysdale the 3rd day of September 1908 before me.
[Signed] JW Fletcher, PM.
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This Deponent Charles Herbert Quinn on his oath, saith as follows:– I am a cook and reside at Rutherglen.
I remember seeing Turner last Sunday. He had tea in the rouseabout’s kitchen & was there I suppose till ¼ to 8. I left then and wasn’t in till nine. He was in the kitchen when came back at 9 pm.
[Signed] Charles H Quinn.
Taken and sworn at Daysdale the 3rd day of September 1908 before me.
[Signed] JW Fletcher, PM.
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(F. 2 – “Justices Act, 1902.”)
Statement of the Accused.
State of New South Wales, Daysdale
TO WIT. }
John Turner (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 3rd day of September in the year of Our Lord one thousand nine hundred and eight for that he, the said defendant, on the 13th day of August 1908, at Mahonga in the said State, did commit an indecent assault upon Francis Alexander Steele a male person and the said charge being read to the said defendant, and the witnesses for the prosecution, Robert Mott, John Arthur Mott, Joseph West, Arthur West, John Wormel Glenn, Francis Alexander Steele being severally examined in his presence, and (he having stated he does not desire the depositions of the said witnesses to be read to him) the said defendant is now addressed by 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 desire to call witnesses.”
Taken before me and read over to the said defendant at Daysdale in the said State, the day and year first above mentioned.
[Signed] JW Fletcher, PM.
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G. 190.
New South Wales,
TO WIT. }
REX.
versus
John Turner
Offence,— Committing an indecent assault upon a male person
The accused stands committed to take his trial at the next Court of Quarter Sessions to be holden at Wagga Wagga, in the State of New South Wales, on the fourteenth day of September 1908. Bail allowed the accused in £50 and two sureties in £25 each, or one in £50
[Signed] JW Fletcher, PM
JP.
Dated at the Police
Office, Daysdale
in the said State,
this third
day of September
AD 1908
4g 416 - 88
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Warrant of Commitment for Trial.
To John Wormel Glenn a Constable in the Police Force for the State of New South Wales, and to all other Constables in said Force, and to the keeper of the gaol at Wagga Wagga in the said State.
Whereas John Turner was this day charged before JW Fletcher [one] of His Majesty;’s Justices of the Peace in and for the said State of New South Wales, on the oath of John Wormel Glenn of Daysdale in the said State, and others, for that he did commit an indecent assault on a male person.
These are therefore to command you, the said Constable, or your assistants, to take the said John Turner and him safely convey to the gaol at Wagga Wagga aforesaid, and there to deliver him to the keeper thereof, together with this precept; and I do hereby command you, the said keeper of the said gaol, to receive the said John Turner into your custody in the said gaol, and there safely keep him until he shall be thence delivered by due course of law.
Given under my hand and seal this 3rd day of September in the year of Our Lord one thousand nine hundred and eight at Daysdale in the State aforesaid.
[Signed] JW Fletcher, PM.
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(II. 2. – “Justices Act, 1902.”)
Certificate of Consent to Bail by the Committing Magistrate.
Whereas John Turner was on the 3rd day of September 1908, committed by me, the undersigned, a Justice of the Peace in and for the State of New South Wales, to the gaol at Wagga Wagga in the said State, charged with committing an indecent assault on a male person. I do hereby certify, that I consent to the said John Turner being bailed by Recognizance, himself in the sum of fifty pounds and two sureties in the sum of twenty five pounds each or one surety in the sum of fifty pounds.
Dated the 3rd day of September one thousand nine hundred and eight at Daysdale, in the said State.
[Signed] JW Fletcher, PM.
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Recognizance of Bail on Committal for Trial.
State of New South Wales,
TO WIT. }
Be it remembered, that on the 3rd day of September, in the year of Our Lord one thousand nine hundred and eight John Turner shearer or Mahonga, in the State of New South Wales, Michael Breen, farmer of Mahonga in the said State of New South Wales and Simeon Levi West farmer, of Mahonga in the said State, personally came before me, the undersigned, one of His Majesty’s Justices of the Peace for the said State, and severally acknowledged themselves to owe Our Sovereign Lord the King the several sums following (that is to say); the said John Turner the sum of fifty pounds; and the said Michael Breen and Simeon Levi West the sum of twenty five pounds each, of good and lawful money of Great Britain, to be made and levied of their several goods and chattels, lands and tenements respectively, respectively, to the use of our said Lord the King, his Heirs and Successors, if he the said John Turner shall fail in the condition indorsed.
Taken and acknowledged the day and year first above mentioned, at Daysdale, in the said State, before me.
[Signed] JW Fletcher, PM.
Condition in Ordinary Cases.
The condition of the within written Recognizance is such, that whereas the said John Turner was on the 3rd day of September 1908, charged before John Walter Fletcher Esquire, one of His Majesty’s Police Magistrates and a Justice of the Peace for the said State, with committing an indecent assault on a male person Francis Alexander Steele if therefor the said John Turner will appear at the next Court of Quarter Sessions to be holden at Wagga Wagga in and for the State of New South Wales, on Monday the fourteenth day of September 1908, at nine of the clock in the forenoon, and then and there surrender himself into the custody of the keeper of the gaol there, and plead to such information as may be filed against him for or in respect of the charge aforesaid, and take his trial upon the same, and not depart the said Court without leave, – then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] JW Fletcher, PM.
40-42
(0 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence. 3
New South Wales, Daysdale
TO WIT. }
Be it remembered, that on the 3rd day of September in the year of Our Lord one thousand nine hundred and eight William Walsh, P Brennan, Charles Herbert Quinn, Simeon Levi West, (on behalf of his sons Arthur and Joseph) John Wormel Glenn, Thomas Watkins, Robert Mott, and John Arthur Mott, all of Mahonga in the said State, personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State of New South Wales, and acknowledged themselves to owe Our Sovereign Lord the King the sum of
FORTY POUNDS EACH,
of good and lawful money of Great Britain, to be made and levied of their goods and chattels, lands and tenements respectively, to the use of our said Lord the King, his Heirs and Successors, if they the said before mentioned persons shall fail in the condition indorsed.
[Signed] William Walsh, P Brennan, CH Quinn, SL West, Robert Mott, John Arthur Mott, Thomas Watkins, and JW Glenn.
Taken and acknowledged, the day and year first above mentioned, at Daysdale in the said State, before me.
[Signed] JW Fletcher, PM.
The condition of the within written Recognizance is such, that whereas John Turner was this day charged before JW Fletcher Esquire one of His Majesty’s Justices of the Peace for the said State, with committing an indecent assault on a male person
If therefore, they the before mentioned persons shall appear at the next Court of Quarter Sessions to be holden at Wagga Wagga in and for the State of New South Wales, on the 14th day of September next, 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 John Turner for the offence aforesaid, to the jurors who sh ll pass upon the trial of the said John Turner.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] JW Fletcher, PM.
~ ~ ~ ~ ~
[On the depositions’ cover sheet is the following]
Quarter Sessions
At Wagga Wagga
on 14 September 1908
30 September
No. 326 4
AG 08/186
Depositions.
Rex
v.
John Turner (Bail)
Indecent assault on a male person
Committed at: Daysdale
on: 3rd September 1908
~ ~ ~ ~ ~
Court. Wagga Assize
Date. 1st Oct 08
Cor. Pring J.
Plea. Not guilty
Verdict. Not guilty
Judgment.
HB Bignold.
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.
~ ~ ~ ~ ~
30 Aug 1908
Mahonga [Station]
Indecent assault on male
[Initial illegible]
8.9.08
The Attorney General having approved of the jurors for next Wagga Wagga Quarter Sessions being countermanded with a view of all cases committed to that Court being changed to Wagga Wagga Circuit Court on 30th instant, I beg to recommend that the trial of this case should be ordered to take place at Wagga Wagga Circuit Court.
[Signed] WR Beavers, Clerk of the Peace
8/9/08.
The Under Secretary.
Try at Circuit Court
[Initialled] C[harles] G[regory] W[ade]
10.9.08
~ ~ ~ ~ ~
Justice RD Pring’s notebook 4
29
[Wagga Wagga Circuit Court] Thursday 1 October 1908
Rex v John Turner – 30 August 1908 indecently assaulting Francis Alexander Steele. [S.] 81
Plea not guilty
Holman for accused.
Francis Alexander Steele examined Bignold. General knockabout. At end of August I was at Mahonga Station as broom boy at the shearing shed. Accused was wool presser. I had known him about a fortnight before 30 August.
30
About 7.10 pm on 30th August after tea I saw accused in the rouseabouts’ hut. He & I & others were going to the shed. He asked me to go for a walk with him to the West’s. They are farmers ¾ mile or mile from the shed. 5 Plan put in. I said: “all right I’ll go with you & take the boy’s football as I’m going back, as I got a loan of it this afternoon.” We went to the woolshed – accused got a bottle of whisky & told me to go back to the hut & get a pannikin so that he could have a drink.
31
I went back & got the pannikin & took it to the shed. Brennan & Walsh & accused had a drink. Walsh & Brennan went to the hut giving me their dog. Accused & I went towards West’s – met Arthur & Joseph West (marks spot with X in pencil). I said to Arthur: “I’m just bringing the football back” & I gave it to him. Arthur spoke Accused said: “goodnight” & then said: “Is anybody home” Joseph said: “Father & mother” Accused said to me: “Come on now & we’ll go along. I want to see Levi West.”
32
The West boys went in to the woolshed. Accused & I continued along to the fence & got through above the killing pen, then we went along & got through another fence – then along the track in the big paddock. Accused said: “Where are you going after you cut out at Mahonga.” I said: “I’ll go to (?), I might get a job there.” He said: “I’ll get you a job there as we press at (?)” I said: “All right, I’ll pay you back for it somethi some time.”
33
He put his arm round me & started kissing me & sucking my lips, & putting his tongue in my mouth. I started to struggle & said: “what do you want to do.” He said: “Keep quiet & I’ll tell you.” I struggled & got my leg behind his foot, tripped him & we both went to the ground. We were struggling on the ground. He got my me on my back & was on top of me. I struggled, got him on to his back & got on top of him. He turned me round, got me on my stomach & pulled my trousers down. I struggled
34
& got on to my feet. He had me by one hand. I tried to pull my trousers up. He undid the fly of his trousers & pulled out his penis & stuck it in my mouth. I was jerking my head away. He got hold of the back of my neck & shoved my head down. I struggled again & we both fell to the ground. We must have struggled on the ground nearly ¼ of an hour. I started to cry & said: “Let me go, what do you want to do to me.” He said: “I only want to love you.”
35
He had both my hands pinned to my side. I got one hand free & pulled out my pocket knife & opened the blade with my teeth. I said: “Look at that knife, if you don’t let me go you’ll get it.” He took the knife & threw it away – I tried to get it again & he dragged me away from it. I made a jump & got on to my feet. He had hold of one of my hands. I kicked him in the side just above the loins – jerked my hand & got away. I made a dash for my cap which was lying on the ground – missed it.
36
I dodged accused round a tree & ran to the shearers’ hut – accused chased me for 10 yards, stopped & swore at me. I got to the hut. It was fairly dark – there was a little moon. I waited at the hut corner till accused came up, till he got within 10 yards, then I ran round the hut & when accused disappeared I ran back to see if I could get my cap & knife but I didn’t get them. I came back to the hut – saw no one there. I went to the kitchen I saw the cook’s
37
offsider – Robert – there. Didn’t speak to him. The cook had only one assistant. I made for the kitchen door. Bob Mott stepped out & I called him on one side & told him all that had happened. Next day I went with Watkins & couldn’t find the place. Next day I walked in to Daysdale – 8 miles – & saw Serg Constable Glen 6 & told him. He examined my body, & found bruises. I stopped at Glen’s that night & went out with him on Tuesday to the shed, went to the place where it occurred.
38
I showed him the place. There had been a mob of sheep over it since – ground was fairly hard. We went up to the hut. Glen asked me for the clothes I had on & I gave them to him. Accused went with us to the place.
Cross-examined Holman. The two places were about 20 yards apart – might be 50. The country is clear – few trees & a bit of dry timber. The assault was committed under a big gum tree. I went with Mr Watkins about 10.20 am on Monday. Were there about ½ an hour.
39
I could not make sure of the spot then. I had bought the cap about 7 pm on 30 August – from a hawker. I noticed the moon as I was going down with accused. It was about 7.15 when I left the shed with accused. The struggle lasted close on an hour. I called out twice but accused caught hold of my throat & stopped me. When I returned the West boys were in the hut. To my idea the accused had on a white stiff shirt – no coat. He put his penis in my mouth while I was on my feet. He pushed my head towards his penis. 7
40
It went in to my lips not into my mouth. This is the first time this has happened to me – never had anything like it done to me before. I have never complained of such a thing before. I know George Carter at Wodonga – I have worked for him. I never told him I had been indecently assaulted by a man under Murray Bridge. I know Harden. I made no such statement to him or to anyone. (Carter called in) That is Mr Carter. I am 18. I had an operation on the head when I was about
41
6 years old – I have a silver plate in my head – once I overworked myself & got a bit dazed. I never chased a boy – Harry Hamill Hall – for 8 or 9 miles – threatened to take his life. I know Hall. I never chased him. I worked with him 8 or 9 miles from Carter’s house. Carter did not reproach me for threatening the boy – nothing like that happened. I know Arthur (Larnett ? passim) 8 – I never threatened to take his life – as a joke I said I’d fight him. Accused had not been teasing me on Sunday afternoon 30 August. There was no skylarking.
42
It was somewhere near 9 when I got back to the hut after looking for my cap.
Joseph West examined Bignold. I am 13 – live at Mahonga, about a mile from the shearers’ huts. Remember Sunday 30 August. Arthur & I were going up to the shearers’ huts about 8 pm. We met accused & a boy (I think Steele is the boy). I said: “goodnight”. The boy said: “Here is your football.” Accused asked me who was down at house. I said: “only my mother &
43
father.” We met them between the killing paddock & the shed (about where the pencil X is). Arthur & I left them & went on towards the shed. Accused had been feeding sheep with my mother.
Cross-examined Holman. It was dark when I saw accused – I could see him – the moon was in the East just rising. I did not notice how accused was dressed. He had a coat on – a greyish coat I think – I was about 5 yards from him. I was further from Steele. He gave the football to Arthur. When we got to the shed a concert was going on there,
44
playing, singing & dancing. I think we left the hut about 10. The music had not stopped long. We left the football close to the shed until we came back – put it in a stump hole. I did not see Steele again that night. I heard on Monday that something wrong had been done – from my mother & father.
Re-examined Bignold. I did not look closely to see how accused was dressed. We left our house about 7.5 to go to the shed. It was about a mile from the house where we met accused & Steele – we were walking slowly.
45
Arthur West examined Bignold. I am 14 – brother of last witness. I remember Sunday evening 30 August. Joseph & I went to the shed – left our home about 7.45 I expect. On the way we met accused & Steele. Steele said: “Here’s the football” & gave it to me. We met them between the shed & slaughterhouse – about the middle.
Cross-examined Holman. The accused was 5 or 6 yards off me. It was dark. The moon had gone down. I did not notice how accused was dressed – nor the colour of his clothes. I think they were he had black trousers – no coat.
46
We met no one else on the way to the shed.
Robert Mott examined Bignold. Labourer at Mahonga. Remember Sunday 30 August. I saw Steele that night at the shearers’ dining room about 9 pm. He said something to me. He told me what had happened. He mentioned Turner’s name. Steele was excited & crying. The fly of his pants was open & the neck of his shirt was open. He had no hat on.
Cross-examined Holman. He was standing in the light of the door – I could see him plainly. He
47
was pretty out of breath. I had been there all day up to that time. It was just before the or after the bell for (hands ?) before bed. That bell is supposed to go at 9. That is the last bell for the night. I saw no marks or bruises on Steele.
Re-examined Bignold. I made no examination of him.
John Wormal Glen 9 examined Bignold. Constable at Daysdale, 9 miles from Mahonga. On Monday night 31 August about 8 pm I saw Steele at the Police Station. He said something – I took his clothes off & examined his body. He had a bruise on
48
left cheek below the eye. His cheek was a little swollen. He also had a scalp wound just back from the forehead, quite fresh – the hair round it was matted with blood. He also had a slight bruise on hip (right I think). I went to Mahonga shearing shed about 7 am next day – Steele came a few minutes after. He pointed out accused. He was woolpressing. I said: “I want to speak to you a minute” & he came out of the shed. I said: “This lad states that you assaulted him
49
on Sunday night & attempted to commit an indecent offence on him.” Accused said: “He’s a bloody young liar, I never touched him.” I said: “Were you with the lad at all on Sunday night.” He replied: “Yes just here” (pointing to the end of the woolshed). I said: “I am going to ask you a few questions &c.” I said: “ Did you go to West’s or attempt to go to West’s with this lad on Sunday night.” He replied: “No, he went on his own, I left him here at the corner against the engine shed.” I said to Steele: “Can you take
50
me to the spot where the offence was supposed to have been committed.” Steele said: I think so.” I said: “go on then.” He went down through a gate near the slaughterhouse – accused & I followed – then went into the other paddock between the shearing shed & West’s house along the cleared road about 600 yards from the shearers’ huts & stopped under near a big (gum box ? green box ?) tree – accused & I came up. Steele said: “This is the place I think.” I examined the place but
51
could see no distinguishable tracks – the ground was dry, hard, grassy & covered with sheep tracks. All three of us then returned to the shed. Patrick Brennan – a mate of accused – was standing inside. I said to him: “How was this man dressed on Sunday night; did he have a coat on.” Brennan said: “I don’t think so.” Accused said: “Be careful what you are saying, didn’t I borrow your coat on Sunday morning to go to Daysdale.” Brennan said: “I don’t know, you might have.” I saw accused in Daysdale on Sunday about 2.30 pm.
52
He was in his shirt sleeves, no coat – white coloured soft shirt I should say. The clothes produced I took off Steele on Sunday.
10 Put in.
After leaving the shed I went to the hut where accused slept – saw a light shirt on the bunk. He gave it to me & I said to Steele: “Is this the shirt he was wearing on Sunday night.” He replied: “I thought it was a starched shirt.” I then arrested accused & took him to Daysdale lockup. I prepared Exhibit A. It is fairly accurate.
Cross-examined Holman.
53
The place wh Steele showed me is about the red cross on Exhibit A. It is just on the side of the track. We had a look at several other places. I had known accused over 12 months. I have heard he was convicted of bad language. I know nothing against him. As long as I knew him he has been quite inoffensive. I don’t know Steele. I charged accused at the lockup. He said: “You’ve got a trumped up charge to go on with before you start.”
FA Steele recalled, examined Bignold. Exhibit B is the clothes I was wearing the night of the assault.
54
Arthur West recalled, cross-examined Holman. I was not playing football with Steele on the Sunday – I had never played football with him.
Crown case closed.
For Defence.
John Turner examined Holman. Accused – labourer. In August I was employed at Mahonga as wool presser. I remember Sunday 30 August. I drove into Daysdale after dinner with a man named Walsh. Returned to the shed about 4 pm. Had tea in rouseabouts’ hut about 6 pm. There are 4 huts – shearers’ dining
55
hut & sleeping hut & rouseabouts’ dining hut & sleeping hut. After tea I was in & out of the hut till 7 or 7.30. I was in company with Walsh & Brennan. I saw Steele in rouseabouts’ kitchen annexed to the dining room. There was chaffing about a cap he wore – I was chaffing him. There was skylarking. Steele seemed to be annoyed. I went with Brennan & Walsh to a sulky near the shed. I got a bottle of whisky out of the sulky. While we were there Steele came up. Walsh sent him back for a pannikin & he went & brought it. We three men had a drink. Steele had none. Brennan asked Steele
56
where he was going with the football. He said he was taking it to West’s. Brennan asked him if he would take his dog there. Steele said: “Yes.” He tied the dog on the string & took it away – no one went with him. I did not. I went back to the hut with Walsh & Brennan. It may have been 20 minutes or ½ an hour since I had left the hut. During that time I was not away from Walsh & Brennan for a moment. When I got back to the hut I asked to see Charlie Quinn the rouseabouts’ cook. I don’t think I saw him at the time – he was there later on,
57
going on with his work. Later on, about half an hour later, Quinn played music. He played for a while. I did not go out of the hut again except for a few minutes. 20 or 30 men came in & out of the hut. It is not true that I assaulted Steele. I was fined £5 for swearing about 2 years ago. Except for that I have never been in trouble. I am about 13 stone 8 or 9. When I went to Daysdale I wore a soft white shirt – no coat. I wore a coat at night. I have not had a stiff shirt for 14 years.
Cross-examined Bignold. I got the whisky in Daysdale. Had a couple of drinks then.
58
I never went towards West’s with Steele. Did not meet the West boys. Quinn came back a few minutes after we got in.
Re-examined Holman. I first knew of this accusation on Monday about 7.45 from the (?) Mr Baker – later on I heard it mentioned several times – by Watkins for one.
William Walsh (?) examined Holman. Labourer, employed at Mahonga doing the killing at the shed. Remember Sunday 30 August. Accused went into Daysdale with me in a sulky. Accused had no coat on – soft white coloured shirt.
59
Got back about 5.30. I had tea in rouseabouts’ kitchen. After tea I was with accused about ¼ hour after, I met accused (?) – I stopped with him. About ¾ hour afterwards – it was dark – we went to the sulky & had some whisky. After we had the drink Steele left the sulky to go to West’s – we went to the rouseabouts’ kitchen – accused, Brennan & myself. They were dancing & singing pretty well all the evening – I can’t say who played. Accused & I went into the cooks’ bedroom & had a couple of drinks out of the bottle. Up to about 10 accused
60
& I were together on & off all the time. I have never seen sliprails on the station – there are gates everywhere. I killed at the slaughterhouse. I think accused is a pretty strong man.
Cross-examined Bignold. I saw the West boys in the shearers’ sleeping hut about 9.30. Accused might have been out of my sight for ¼ hour. I did not see Steele after he left us at the sulky. This is my signature to deposition. I don’t remember swearing that I did not remember seeing the West boys.
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I can’t remember saying: “Turner seemed to be with us all the time but I can’t say I particularly noticed.” I don’t remember the deposition being read over to me or explained to me.
William Frederic 11 Casey examined Holman. Cook. In August I was second cook at Mahonga rouseabouts’ hut – know Steele & accused. I recollect Sunday 30 August. After tea I was preparing meat for breakfast in the rouseabouts’ dining room. I saw accused – Walsh, Brennan, O’Connor were with him, all in the hut. Steele came in – passed me – went into the compartment where
62
the prisoner was. They were poking (?) at him. He seemed annoyed. When I finished I went into the compartment, found accused & the others there. Quinn was there – remember him leaving the hut that night. He gave me instructions about work. I remained in the hut. Accused was in the hut when Quinn left. After that he Walsh & Brennan went out. I next saw accused in about ½ an hour when he returned. He said: “Where’s Quinn.” Where’s Charley. Walsh, Brennan & several others came in. After that Quinn came & they started music
63
& dancing – that continued up to about 9.30 – accused did not leave the hut up to 9.30. I saw no more of Steele.
Cross-examined Bignold. You could tell accused had had a drink – also Walsh & Brennan. About 40 came in & out at different times.
Thomas Watkins examined Holman. Shearer – representative at Mahonga. On Sunday evening 30 August Steele came to me about 8.35. He was frightfully slightly agitated – not bleeding nor marked about the face. It was in the shearers’ hut. I was in bed – had a candle. I could see him clearly.
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He did not appear to be out of breath. He made a statement to me. He said that when he was going to the paddock with accused that he went through sliprails. Next day I went with him. He took the lead. The way he took us there were no sliprails. We were searching for ¾ hour or more – Steele said he couldn’t find the place.
Cross-examined Bignold. I took Steele to (Baker ?) at 9.20 pm. He said his side was hurt & he pulled up his shirt but there was no sign of a mark on him.
65
Steele said he could take us to the spot. He went through the fence about 5 (panels ? passim) from the gate. The paddock is about 250 acres.
George Carter examined Holman. Labourer. I was wood carting at Wodonga this year about 2 months ago. Steele was in my employ for about 19 or 20 weeks on two different occasions. About 3 months ago he said he & a man were going to travel together & they camped under the Albury Bridge, slept together that night & during the night the man held him & rode him & he left him in the
66
morning – he did not say when this happened. Thomas Harden was present. Steele & a boy named Hall lived & worked together about 10 miles from my place. He One night in the middle of the night Hall came home & said Steele took a fit & he thought he was mad, going on with some very funny capers – so he (Hall) ran home followed by Steele – Hall was frightened. I asked Steele what he was doing to Hall. He said he took sick. Once I saw Steele in a fit. He told me 3 different ways about the injury to his head.
67
I remember a quarrel between him & Larnett – Steele said he’d do for him. He said it seriously many times. From what I saw of Steele I do not think he was responsible for his actions at all times – when asleep his head used to roll backwards & forw from side to side.
Cross-examined Bignold.
Case for accused closed.
In reply.
JW Glen recalled examined Bignold. There are 2 panels of round rails adjoining the slaughter yard. Not what you would call sliprails.
68
Not sliprails.
FA Steele recalled examined Bignold. A few words some said to me about the (motor ?) cap I had bought – I laughed & turned away. I had no fits while with Carter. I was kicked in the head by a horse when 6 years old. I did not tell Carter different stories about it.
Case in reply closed.
Holman addresses jury –
Bignold replies.
I sum up.
Jury retire at 5.53, return at 6.30
Verdict – not guilty.
~ ~ ~ ~ ~
Wagga Wagga Express, Sat 3 Oct 1908 12
CIRCUIT COURT.
———◦———
SITTING AT WAGGA
————
(Before Mr Justice Pring and Jury.)
————
The Circuit Court continued its sitting at the Courthouse on Thursday [1 October].
————
NOT GUILTY Guilty.
John Turner was charged with having committed an unnatural offence on a male person at Mahonga Station on August 30. Mr HB Bignold appeared for the Crown, and Mr WA Holman, instructed by Mr PR Higgins, appeared for the accused.
Francis Steel, a youth of 18, gave evidence of the alleged offence. He said he had never made a similar statement regarding another person.
For the defence several witnesses were brought to prove that at the time the offence was alleged to have been committed the accused was with them, and had been with them for some time. Another witness stated that some time ago young Steel told him a story about a similar offence.
The case lasted all day, and at 6.30, after half an hour’s deliberation, the jury brought in a verdict of not guilty.
1 SRNSW: NRS880, [9/7134], Supreme Court, Papers and depositions, Wagga Wagga, 1908, No. 186. Emphasis added.
2 Mn: This man is John Turner the accused [Init] JW Fletcher
3 Three ‘Recognizance to give Evidence’ were found in the file these have been combined into one.
4 SRNSW: NRS7563, [7/9732], Judiciary, RD Pring, J. Notebooks Circuit, 1900-21, pp. 29-69. Emphasis added.
5 Mn: A
6 Glenn in depositions.
7 Mn: To me [the judge]
8 Might be Zarnett.
9 John Wormel Glenn in depositions.
10 Mn: B
11 No doubt means Frederick.
12 Wagga Wagga Express, Sat 3 Oct 1908, p. 3. Emphasis added.