Below also see: Samuel Augustus Cobb, 1911
The Muswellbrook Chronicle, Sat 2 Apr 1910 1
—— THE ——
MUSWELLBROOK CHRONICLE
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O, sacred weapon, left for truth’s defence
Sole dread of folly, vice and insolence,
Reverent we touch thee! but with honest zeal
To rouse the henchman of the public weal.
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LOCAL & GENERAL NEWS.
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VISITOR.—Mr T Temperley, editor and proprietor of the Richmond RiverTimes, Ballina, has been on a visit to Muswellbrook. During the holidays, staying with Mr and Mrs WA Oliver, who were former residents of Ballina. Mr Temperley, like Mr Berkeley, of the Newcastle Herald, was one of the Australian newspaper representatives who attended the Imperial Press Conference last year, and had such a splendid time not only in England but in Canada. The many honors conferred upon these oversea delegates included a personal introduction to their Majesties the King and queen, a reception at a garden party by the Prince and Princess of Wales at Marlborough House, dinner at Government House, Ottawa, given by the Governor General of Canada (Earl Grey) and Countess Grey, luncheon given by the Duke of Devonshire at his famous seat Chatswood, luncheon with the Earl and Countess of Warwick Castle, dinners given at the Mansion House, at Oxford, House of Commons, the Earl of Derby’s town residence, and at several of the leading clubs, together with numerous receptions at Stafford House, Lambeth Palace, and other well known centres. Mr Temperley tells many interesting episodes in connection with his tour. It will be remembered that the first subject which the conference dealt with and which took up most of the time related to cable communication. It is worth noting the Mr Temperley on his return to New South Wales three months ago organised a new cable service, and floated a company with a capital of £10,000 to carry it out. The service concerning which he is managing director [of] was started some weeks ago, and is now being supplied to several papers in the Commonwealth—the Muswellbrook Chronicle among the number.
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SERIOUS CHARGE—At the Aberdeen Police Court, on Tuesday last, Samuel Augustus Cobb was charged with attempting to commit an abominable offence. Accused was remanded for trial at Maitland [Circuit] Court on April 12 next. Bail was allowed.
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Depositions for Samuel Augustus Cobb 13 Apr 1910 Maitland trial 2
(a) Town. |
Letter from Bench of Magistrates at (a) Aberdeen |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Rex v. (b) Samuel Augustus Cobb |
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(c) Offence. |
(c) Attempted buggery |
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(d) Town. |
Police Office, (d) Aberdeen |
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30th March 1910 |
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Sir, |
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(e) Name of accused |
case of (e) Samuel Augustus Cobb |
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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) Circuit Court |
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to be held at (h) Maitland |
on Tuesday |
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(h) Town where Court |
the 12th day of April 1910 |
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The accused is (i) has been admitted to bail: Sureties:– Joseph Skelton, of Aberdeen, Hotelkeeper, in £40- William Alfred Carberry, of Aberdeen, Hotelkeeper, also in £40- Accused himself in £80- |
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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) Hammond Joseph Boland, Police Constable of Aberdeen and Norman Alfred Taylor, of Aberdeen, schoolboy (a minor). The latter’s mother bound over for him.
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(l) Short description to enable identification. |
The Exhibits enclosed are (l) is Exhibit A plan of the School of Arts grounds (enclosed with Depositions). |
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I have the honor to be, |
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[Signed] C[harles] H[enry] Gall, 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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NEW SOUTH WALES POLICE.
North Eastern District,
Aberdeen Station.
4 April 1910.
Report relative to antecedents of:–
Name: Samuel Augustus Cobb
Offence: Attempting to commit the abominable crime of buggery
Committed for Trial at: Maitland Circuit Court
Date: 12th April 1910.
Constable Boland reports:– That there are no previous convictions against offender. His fingerprints are not known at the Fingerprint Branch. He is a native of the district, was a book keeper in a store at “Cuan”, near Scone, for some years. It is said that he spent some time in Maitland district with his relatives (Cobb’s) who are said to reside at “Oakhampton”. The offender was not looked upon with suspicion by the Police for any reason. He now resides at “Kayuga” near Aberdeen and is dairy farming in a large way.
[Signed] HJ Boland, 1st Class Constable.
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Police Station, Aberdeen
4th April 1910.
The Superintendent of Police, West Maitland.
Subject:– Re Samuel Augustus Cobb, charged with attempting to commit an unnatural offence on Norman Alfred Taylor (14). Committed for trial Maitland Circuit Court on 12th instant.
Constable Boland No. 6753 reports that from enquiries he has made, it would appear that this is not the first time Cobb has attempted to commit this offence on boys. He has been in the habit of inviting boys out to his place, at “Kayuga” and to stop there for a few days. Erroll Smith 15 years, small (for his age) son of the Postmaster here, accepted the invitation, and went out with offender, this was about 3 months ago. Offender occupied the same bed as Smith, and shortly after retiring offender said “Let me stick it into you.” Smith said “No, and left the bed, and went into another in the same room.
About a fortnight ago, Smith again went out with offender, both occupied the same bed and offender on this occasion laid on the boy’s back, had his arms around the boy squeezing him, had his penis between the boy’s legs, and said to the boy “Let me stick it into you.” Smith said, he told the offender he would leave the room, if he did not behave himself. He then stopped interfering with him.
[Signed] HJ Boland, 1st Class Constable.
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Police Station, Aberdeen.
3rd April 1910.
The Superintendent of Police, West Maitland.
Subject:– Samuel Augustus Cobb. Charged with attempting to commit buggery, on 28.3.10: committed for trial at Maitland Circuit Court 12th instant.
Constable Boland No. 6753 reports that the above offender, will no doubt set up the defence, that he was so much under the influence of liquor, that he was utterly incapable of committing such an offence, inasmuch, that owing to his drunken condition he would not have the power of erection. Should he rely on this defence, however, evidence can be called to prove that he was not drunk, although he had had drink that night. The Constable saw him at 11.20 pm, he was walking perfectly straight and appeared sober. Joseph Skelton, hotel keeper here, said he was talking to Cobb that night after he had closed the hotel, he was then sober. Skelton on the morning after Cobb’s arrest came to the Police Station and asked the Constable if he could bail Cobb out, saying “I was surprised to hear he was locked up for drunkenness, that he was sober when he left my hotel, and that he had had very little drink
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there.” Skelton was not then aware of the charge against Cobb.
When the Constable spoke whilst Cobb was attempting to commit the offence, he stood up straight and said “Oh!”, adjusted his trousers and walked away quickly and straight, until called by the Constable to stop. This was about midnight. He at the Constable’s request got over a five foot eight inch paling fence, with such activity which shows he was not drunk.
About 2 pm on 30th ultimo Skelton called at the lock up, and asked Cobb if he wished to have a solicitor to look after his interests. He said “No, the way I have been carrying on lately I knew something would happen.”
[Signed] HJ Boland, 1st Class Constable.
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Depositions of Witnesses.
New South Wales,
TO WIT. }
The examination of Hammond Joseph Boland of Aberdeen in the State of New South Wales, 1st Class Constable of the Police Force and Norman Alfred Taylor of Aberdeen (school boy) in the said State, taken on oath this 30th day of March in the year of Our Lord one thousand nine hundred and ten at the Aberdeen 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 Samuel Augustus Cobb who stands charged this day before me for that he the said Samuel Augustus Cobb on the 28th day of March in the year of Our Lord one thousand nine hundred and ten at Aberdeen in the said State, did attempt to commit the abominable crime of buggery on one Norman Alfred Taylor, 14 years of age.
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This Deponent Hammond Joseph Boland on his oath, saith as follows:– I am a 1st Class Constable of Police and reside at Aberdeen.
About midnight on 28th instant I was in Segenhoe Street, Aberdeen. I heard a noise at the back of the men’s water closet in the School of Arts grounds. I went over to the closet where I saw accused in a stooped position; his head was moving up and down. I saw accused had his arms around a boy. The boy had his trousers down below his knees, and his legs were exposed. The accused was pressing his body against that of the boy, in front. The
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boy had his back against the paling fence. I produce a plan 3 (Exhibit A) observing the locality. The place where the offence is alleged to have been committed is marked with a cross. The distance from the tank at the corner of the School of Arts building to the closet is 44 yards.
When I got to the fence close to accused I said “What game is this?” Accused stood up and said “Oh!” His trousers were open in the front; his shirt was exposed – he adjusted his trousers whilst walking
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away. I said “Don’t go away Mr Cobb.” The boy then told me something; the accused being about 30 yards away. Accused at this time had his cap in one hand and he was scratching the top of his head with the other. I said to accused “Come here.” Accused got over the fence into Segenhoe Street to where the boy (who had previously got over the fence) and I were standing. I said to accused “This boy makes a serious charge against you – just listen to what he has to say.” Accused replied (pointing to the boy) “Did I hurt you?” the
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boy replied “No.” Accused said “I’ve been drinking lately and did not know what I have been doing.” I said to the boy “Just repeat what happened.” The boy then said “Mr Cobb asked me to come down here – I came – Mr Cobb said ‘Hold my thing’, then Mr Cobb caught my ‘thing’ he turned me round and tried to put his ‘thing’ into my bum; but he didn’t.” “He was pushing me.” Cobb said “I didn’t hurt you. Oh dear, this is so terrible.” Accused said “Mr Boland, you might let this matter
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drop. The whole trouble is about drink.” I then arrested accused and conveyed him to the lock up. I charged him as he now stands charged. He replied “Mr Boland, this is a serious matter – don’t be too hard on me – I can put it all down to drink.”
By Mr Enright for accused: I have known accused for the past 2 years (about). Apart from being occasionally addicted to drink I have always found him a respectable man and even when in liquor he has been well behaved. I have not even heard him use bad
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language.
It was a moonlit night at the time of the alleged offence. There is no doubt whatever that the evidence as to what I saw is correct. The moon was about full but there were some clouds in the sky. I was about 7 or 8 yards away when I first heard the noise.
There was a dance at the School of Arts that night and it was still in full swing. I was at the School of Arts in the course of my duty that night. About 50 or 60 people were there about equally divided as to sexes. The closet referred to was the only
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place of convenience for the men. People would be going there backwards and forwards during the night. There are shrubs on three sides of the School of Arts grounds. The Post Office overlooks the grounds.
I saw accused the morning after his arrest. I said to him “Do you know what you are charged with?” He said “No – I don’t remember a word I said last night. I was drunk.” He asked me for a drink of whisky. I could see the accused was suffering from the effects of drink that morning (yesterday morning). I did not give him liquor.
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Accused was trembling.
By Bench: The place where the accused and boy were when I first came up was between the back of the closet and the fence. The view from the Post Office would be obscured by trees, and the place referred to is the most private and secluded spot in the School of Arts grounds. Accused’s penis was not exposed to me. He had his hands down and I could not see it. I only saw that accused’s trousers were open and I could see his shirt.
As to the view from the Post Office, a paling fence, which was pulled down yesterday,
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would further obscure the view of the locus in quo. The Post Office was closed, and it was not at that time a place of public resort. There were no people about the Post Office at the time.
[Signed] HJ Boland.
Taken and sworn before me at Aberdeen this 30th day of March 1910.
[Signed] CH Gall, PM.
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This Deponent Norman Alfred Taylor on his oath, saith as follows:– I am a school boy and reside at Aberdeen with my mother. My father is dead. I was fourteen years of age last August (1909).
I know accused. I saw him at the School of Arts at the night of the 28th instant at about 11.30 pm. I was at the tank, at the School of Arts, getting a drink with my sister and two other girls. The tank is shown on the plan Exhibit A. Accused said to me “Come down with me.” We went to the side of the School of Arts and he made water there. He then said “This is the gentlemen’s
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closet down here.”, (pointing to the closet) – I said “Yes.” He then said “Come down with me.” We went behind. Accused took out his “thing” and told me to hold it. (The spot marked with a cross on the plan Exhibit A is the place we were at). I held it – he then put his hand down my trousers and got hold of my “thing” and started rubbing it. My mother then called me and I went to the School of Arts building. Before I went he said “Ask mother whether you can come with me tonight.” I went to the School of Arts and saw
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my mother. She told me something. Down at the closet before I went to my mother accused said “What have you got to do tomorrow morning?” I said “I have to go for the cow and bring her up and milk her about 6 o’clock.” He then said “I will bring you home early in the morning.” After seeing my mother at the School of Arts I returned to the back of the closet where the accused was waiting for me. I said to him “Mother won’t let me go.” Accused then undid my belt and took my trousers down – when he had taken my
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trousers down he turned me round – my back to him – and tried to put his “thing” into my bum. He couldn’t, so he put it between my legs at the back. The accused turned me round to the front. He spat on his fingers and rubbed them between my legs and near my bum. He put his “thing” between my legs again and kept on pushing. The Constable Boland came on the scene. I was too frightened to sing out. The Constable said “What game is this?” Accused said “Oh!”, and went up towards the School
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of Arts. As he was going up he was buttoning his fly up. I got over the fence and went to the Constable – I told the Constable something. The Constable called Mr Cobb (accused) – accused came over and the Constable told him to get over the fence. The Constable said to accused “Do you hear what this boy has to complain about you?” Accused said “I didn’t hurt him.” I then said to the Constable what I have already given in evidence whilst Mr Cobb (accused) was present. When I first went down to the
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closet with accused he had hold of my arm.
By Mr Enright for accused: I did not resist the accused at any time because I was frightened. I was frightened the first time he got hold of my “thing”, but not before. After I went back to my mother sat the School of Arts I made no complaint to her. I was frightened to tell her. My mother had refreshments at the School of Arts that night. She was in the supper room with all the people about. Although I was frightened I asked my mother’s permission to go out with Mr Cobb (accused). I didn’t want to go so I told mother to say “No.”
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I stayed about 3 minutes with my mother and then went back to accused. The people were paying me for refreshments, and I waited until they had gone away. I put the money in a little cup at the step and then returned to accused. I was putting the money in the same place all night. I was afraid to take the money with me as I might lose it on struggling with the accused.
I have never been handled in the same way before. I did not know what the accused was going to do.
Accused took me away quite openly before my sister and the two other
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girls. Accused did not seem to care who saw him taking me away. When at the back of the closet I did not scream.
Accused seemed to be acting quite stupidly with me, the way he was handling me. When Constable Boland came up I had my back to the fence and the accused was in front of me. We were both in a standing position. Accused’s arms were around me and my arms at my sides. I could smell drink on the accused. I don’t drink strong liquor; but I know when a man is drunk.
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Accused was pretty drunk that night and he appeared to be stupid with drink. He was saying silly things. It was a bright moonlit night; but a bit dull occasionally. I was not in the dance room.
By Bench: I have no doubt about having felt the accused’s “thing” between my legs. It was stiff and erect. He tried to put it into my bum, into the hole; but he did not succeed. When he turned me round he only put his “thing” between my legs. He did not then try to put it into my hole.
[Signed] Norman Taylor.
Taken and sworn before me at Aberdeen, this 30th day of March 1910.
[Signed] CH Gall, PM.
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(F. 2 – “Justices Act, 1902.”)
Statement of the Accused.
State of New South Wales, Aberdeen
TO WIT. }
Samuel Augustus Cobb (hereinafter called the defendant) stands charge before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, this 30th day of March in the year of Our Lord one thousand nine hundred and ten for that he, the said defendant, on the 28th day of March 1910 at Aberdeen in the said State, did attempt to commit the abominable crime of buggery on one Norman Alfred Taylor, 14 years of age at Aberdeen and the said charge being read to the said defendant, and the witnesses for the prosecution, Hammond Joseph Boland and Norman Alfred Taylor being severally examined in his presence, and (he having stated that he does not desire the depositions of the said witnesses to be read to him) the said defendant is now addressed by me the said Justice as follows:– “Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing, and may be given against you in evidence at your trial; and you are also informed, and are to clearly understand, that you have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to you to induce you to make any admission or confession of your guilt, but whatever you now say may be given in evidence against you upon your trial notwithstanding such promise or threat.” Whereupon the said defendant saith as follows:– “I don’t wish the depositions read – I reserve my defence.”
[Signed] SA Cobb.
Taken before me and read over to the said defendant at Aberdeen in the said State, the day and year first above mentioned.
[Signed] CH Gall, PM.
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G. 190.
New South Wales,
TO WIT. }
REX.
versus
Samuel Augustus Cobb
Offence,— Attempt to commit buggery
The accused stands committed to take his trial at the next Court of Circuit Court to be holden at Maitland, in the State of New South Wales, on the twelfth day of April 1910. Bail allowed the accused in £80 and two sureties in £40 each, or one in £80
[Signed] CH Gall, PM
JP.
Dated at the Police
Office, Aberdeen
in the said State,
this thirtieth
day of March
AD 1910
4g 416 - 88
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(O 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
New South Wales,
TO WIT. }
Be it remembered, that on the 30th day of March in the year of Our Lord one thousand nine hundred and ten Hammond Joseph Boland a Constable of the Police Force of Aberdeen in the State of New South Wales, and Ann Taylor, fruit shop keeper (widow) of Aberdeen in the said State, for her son Norman Alfred Taylor of Aberdeen in the said State, a minor 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 on 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] HJ Boland, Ann Taylor.
Taken and acknowledged, the day and year first above mentioned, at Aberdeen in the said State, before me.
[Signed] CH Gall, PM.
The condition of the within written Recognizance is such, that whereas Samuel Augustus Cobb was this day charged before Charles Henry Gall Police Magistrate Esquire one of His Majesty’s Justices of the Peace for the said State, with attempting to commit the abominable crime of buggery.
If therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Maitland in and for the State of New South Wales, on the 12th day of April 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 Samuel Augustus Cobb for the offence aforesaid, to the jurors who shall pass upon the trial of the said Samuel Augustus Cobb.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] CH Gall, PM.
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Recognizance of Bail on Committal for Trial.
State of New South Wales, Aberdeen
TO WIT. }
Be it remembered, that on the 30th day of March, in the year of Our Lord one thousand nine hundred and ten, Samuel Augustus Cobb, of near Aberdeen, in the State of New South Wales, farmer, Joseph Skelton of Aberdeen in the said State, hotel keeper and William Alfred Carberry, of Aberdeen in the said State, hotel keeper 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 Samuel Augustus Cobb the sum of eighty pounds; and the said Joseph Skelton and William Alfred Carberry the sum of forty 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 Samuel Augustus Cobb shall fail in the condition indorsed.
[Signed] SA Cobb, Joseph Skelton, W Alf Carberry.
Taken and acknowledged the day and year first above mentioned, at Aberdeen, in the said State, before me.
[Signed] CH Gall, PM.
CONDITION IN ORDINARY CASES.
The condition of the within written Recognizance is such, that whereas the said Samuel Augustus Cobb was on the 30th day of March 1910, charged before Charles Henry Gall Police Magistrate Esquire, one of His Majesty’s Justices for the said State, with an attempt to commit the abominable crime of buggery if therefore the said Samuel Augustus Cobb will appear at the next Circuit Court to be holden at Maitland in and for the State of New South Wales, on Tuesday the 12th day of April 1910, 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] CH Gall, PM.
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[On the depositions’ cover sheet is the following]
Circuit Court
Maitland
12th April 1910
SG’s No. 10/71
Depositions. 349
CS’s No. 10
Rex
v.
Samuel Augustus Cobb (Bail)
Attempt to commit buggery
Committed at: Aberdeen
on: 30th March 1910
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Court. Circuit Court
Date. 13 April 1910
Cor. Cohen Judge.
Plea. Not guilty
Verdict. Guilty
Judgment. 18 months hard labour in Bathurst Gaol
C D[elohery]
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.
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Attempt to commit buggery S. 80
[Initialled] CW
31.3.10
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Justice HE Cohen’s notebook 4
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[Maitland] 13 April 1910
R v Cobb S (Samuel Augustus)
(1) Assault with intent to commit buggery. (Sec 80)
Plea ‘Not Guilty’
Enwright 5 for accused
R v Macdonald 1 SCRNS/173
Norman Alfred Taylor. Live with mother at Aberdeen. Father is dead. I am 14 years old. I was at School of Arts Aberdeen on March 28 when an entertainment was on. I was helping mother with refreshments, taking money. I went to tank outside the building in the yard at back of School of Arts. My sister & two other little girls were with me. This was about 11.30 pm I was getting a drink. I saw accused. He asked me to come with him – I went. First he took me to the side of the School of Arts & then down behind the gentlemen’s WC. He took out his thing & told me to hold it. I held it. Mother By tha He put his hand down my trousers, got hold of my thing & started rubbing it. Mother called me & the accused asked me to ask Mother if I might go out with him tomorrow & to come back. He asked me what work I had to do next morning. I said I had to go for cow (?) at 6 o’clock, bring her home & milk her. He said he would bring me back early in the morning. I went to Mother & had conversation with her.
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I went back to accused & told him no I couldn’t come. I said: no, Mother says I can’t go. Accused was then behind WC. He asked me to stay with him for 10 minutes. I said yes I would stay. He to undid my belt & took down my trousers & put his thing between my legs at back – he tried first to put it in my bum, it was stiff – he couldn’t. He then put it between my legs at the back, After he was pushing it. I was standing. He turned me round & put it between my legs at front. Before he put it between hi my legs he spat on his fingers & rubbed between my legs with his fingers – he was pushing. Constable Boland came & said: what’s the game. Accused said: Oh! & walked away – towards School of Arts door. As he went away he was buttoning up his fly. Boland told me to get over the fence – I did. He asked me some questions – accused not within hearing. I made statement to Boland. Accused was walking down the yard again, altered his direction to fence of yard. Boland called him over. Accused came. Boland told him to get over the fence – he did. Boland said: do you hear what this boy has to complain about you. Accused said: I didn’t hurt him. I then told Boland what I have already said.
Cross-examined. Big dance at School of Arts that night. The hall
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was about a bit larger than this room. It was lit up. There’s a street to three sides of School of Arts. The fence where I & accused a were was rather higher than the front of y jury box. It was alongside the street. Accused could see over it. On the opposite side of the street there is no refreshment room. There is a greengrocer shop. Ground in yard slants down. PO 6 overlooks it. A good many men & ladies had refreshments. Where he took me was the only place of convenience for men. When I went back first time I stayed in refreshment room for some time lasting minutes. Accused had misbehaved before then. I put the refreshment money away carefully before I went back. I didn’t say in Court above I put the money away so that I wouldn’t lose it when struggling with accused when I went back. The signature shown me is mine. It was read over to me before signing. I did say what you asked me – I didn’t scream or struggle. I went away in presence of my sister & other girls. I said I was talking a lot of silly things before constable came & could be heard yards around. When Boland came on to scene I had my back to fence. Accused was standing in front of me. I could smell drink on him. I said in lower Court he seemed to be stupid
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with drink. No battens where accused got over the fence. There are rails on inside & it is quite easy to get over fence. Accused’s penis was erect & out of his trousers when Boland came up & could be seen plainly. Boland at side of fence could see everything.
Re-examined. The fence is upright pailings [sic] & slabs inside to nail panels on to – two slabs so th first could be put on one slab & then on the other. Accused got over the fence. I don’t know what time dance broke up. We went home about 1 o’clock. (We ?) (took ?) (things ?) down home.
To me. He spoke funnily to me – something between a sober & a drunken man.
To Delohery. I didn’t understand him first time. I was getting a drink & he spoke to me again.
To Enwright. H I said at lower Court the accused was pretty drunk that night.
To me. So far as I could tell he seemed to be drunk. He seemed to have no difficulty in understanding what I said.
Hammond Joseph Boland. 1st Class Constable at Aberdeen. On night of March 28 I was at School of Arts. Hea At rear of the School of Arts I heard something. I went to men’s WC where I heard the noise & saw accused in a stooped position, his head moving up & down, & saw he had a boy in his arms. Boy’s trousers
100
were down below his knees & his legs exposed. Accused was pressing his body against that of the boy. Boy’s back was against a paling fence. I said: what game is this. Accused stood up & said: Oh! The front of his trousers was open & his shirt exposed. He adjusted his trousers & walked away. I said: don’t go away Mr Cobb. Boy then made complaint to me. At this time accused was 30 yards away. I said: come here Mr Cobb, I want you. He came, got over 5 ft. 6 paling fence to where boy & I were standing. It was closely paled fence with 3x2 rails, 1 at bottom & 1 at top. I said to accused: this boy makes serious charge (versus ?) you. Accused said: did I hurt you – pointing to the boy. I said to the I’ve been drinking. I said to the boy: repeat what you told me so that Mr Cobb can hear it. The boy said: Mr Cobb asked me to come down here. I came. He said to me: hold my thing. He then caught me by my thing, turned me round & tried to put his thing in my bum but didn’t (Accused said: did I hurt you) He then put his thing between my legs & was pushing (Accused said: Oh! dear this is terrible I’ve been d I’ve been drinking lately. I don’t know what came over me.) Accused said: don’t be too hard on me Mr Boland, I’ve been
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drinking & I don’t know what came over me. When he said it’s terrible he said: don’t press the issue too hard. I made plan of yard of School of Arts – not to scale, but the distances ruled are correct – 44 yards from School of Arts tanks to back of men’s WC. The + indicates where accused & boy were standing. The boy I’ve been speaking of is Norman Alfred Taylor. I was standing at place indicated by dot in Segenhoe Street. Plan Exhibit “A”. Wh After accused said: Oh, he stood up & put his hands down as if adjusting his trousers. The boy was the nearer to me. It was moonlight night – no difficulty in seeing – full moon – occasional cloud.
Cross-examined. I had clear view of the two. About 50 or 60 persons at School of Arts. I’ve known accused for last couple of years. Except for occasionally being under the influence of drink I’ve always found him a respectable man. Even when in liquor I’ve found him well behaved & never heard him use a foul word. I saw him in cell the morning after his arrest. He appeared to be nervous. I didn’t detect any signs of drink in accused in the night or the morning. In the morning I said to him: do you know what you are charged with. He said: I don’t remember a word that was said
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last night, I was drunk. He asked me for liquor then. I could see he was suffering from effects of drink that morning – he had no opportunity of c getting liquor while in my charge. I told him in the morning what he was charged with.
Re-examined. The particular spot where I saw accused & boy was standing was the most secluded spot at School of Arts. There’s a P.O. some distance (away ?). The view from there was intercepted by fence & trees. No people at PO then – in front of it. Accused seemed to understand what I said. He was shocked. I was satisfied he realised his position. I saw him get over the fence. I was quite close to him. He got over without assistance. I forgot to say in evidence in chief that when accused was 30 yards away from me he had his hat in one hand & was scratching his head with the other.
To Enwright. He was apparently trying to collect his thoughts.
To jury. He got over the fence without any effort as quickly as I could.
Crown case closes.
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Defence.
Samuel Augustus Cobb. Grazier, near Aberdeen, 38 years old. Practically resided on Hunter near (?) all that time. I’ve never appeared in a court before. On the night in question I got to Aberdeen between 5.30 & 6 o’clock. I went to PO to put letters & then to Segenhoe hotel Aberdeen. I had couple of drinks whisky – had tea. After tea I sat on hotel verandah for more than 1 hour. Then went inside – until about 10.30. I was drinking all the time. I daresay I had 10 or 12 whiskys. I recollect after that a row outside hotel – went out to see – found & watched the fight for a few minutes & I have no recollection of what happened till I found myself in cell next morning, except that I have a hazy recollection of seeing dancing going on. I don’t recollect being with the boy or being arrested. What constable says as to interview in cell is correct.
Cross-examined. We were playing euchre at the hotel that night – commenced about 7.30. I can’t say how long I was playing it. I don’t think we left off playing before the fight. We went out of parlor. I don’t remember whether we played euchre up to time of fight. We were playing (cribbage ?). I don’t remember whether we were playing cards up to time of being going out to the fight. 3 4 of us
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played cards – I commenced with Shelton & Higgins, Chaffer & Price. Higgins didn’t play. We commenced at euchre. I can’t recollect anyone else going in cards. I don’t remember if I we was were playing up to time of fight. I didn’t see the end of it. O’Brien was fighting. I don’t know that I spoke to O’Brien. I was told I said to him: Go home and don’t make a fool to of yourself. I don’t remember it. I was told I tried to get O’Brien away but don’t remember it. I lived at Sandy Creek Aberdeen then. It is part of Kayuga Estate. I’m single. I employ about 5 men. They sleep in house wi There [are ?] 3 (?) rooms in the house. I have lived there 2 years. I have visitors to the house. I have invited people there – have invited boys. I know boy Errol Smith – he has been to my place svl several times. He is about 15 years old. He was there about 3 months ago. It is not a fact he slept in same bed as I did. He was not in same bed as I at any time. I don’t remember saying to him: let me stick it into you. Smith has been in same bedroom with me. It is not a fact I made an indecent suggestion to him & he left the bedroom. It is not a fact I got on top of Smith. It is not a fact
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I attempted to commit sodomy on him.
Defence closes.
Enwright to jury 11.54 44 am to noon. Where a man is so drunk that he is incapable of forming an intent is essential to the evidence. He must be acquitted.
(Corroboration of Accomplice)
Delohery to jury 12 noon till 12.22. The onus of proving the defence of drunkenness is on the accused.
Boland to jury. I stood a sufficient time where I was to recognize who accused & the boy were.
To me. Marks with “A” on Exhibit “A” where door to the WC is.
I sum up 12.22 to 12.52 I direct the jury that if they believe the evidence of the boy Taylor & the constable there is evidence on which they can convict. That the defence of drunkenness is upon the accused to make out & if he fails to satisfy them beyond reasonable doubt that he was so drunk as to be incapable of forming an the intent charged the defence fails.
Jury retire at 12.52 pm
" return at 4.22 pm
Verdict – Guilty. Jury find that accused was quite sober enough to know what he was doing.
April 14/10 – Sentence – Imprisonment with hard labour in Goulburn Grafton Gaol for 18 months.
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The Maitland Daily Mercury, Tue 12 Apr 1910 7
MAITLAND CIRCUIT COURT.
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Tuesday, April 12.
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(Before His Honor Justice Cohen).
————
The April sittings of the Maitland Circuit Court were opened at the Courthouse, East Maitland, this afternoon, before his Honor, Justice Cohen. The Deputy Sheriff (Mr GS Waller) occupied a sear alongside his Honor. Mr EH Cohen acted as Judge’s Associate, and Mr C Delohery filled the position of Crown Prosecutor, being instructed by Mr S Hanlin, representing the Crown solicitor.
The legal profession was represented by the following gentlemen: Barristers—Messrs W Tighe, HS Nicholas, and AM Cohen; solicitors—Messrs WJ Enright, A Braye, Chas Readett, and WT Lindsay.
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The Maitland Daily Mercury, Wed 13 Apr 1910 8
MAITLAND CIRCUIT COURT.
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Tuesday, April 12.
————
(Before His Honor, Justice Cohen).
…
Wednesday, April 13.
The sittings of the Maitland Circuit Court were resumed at 10 o’clock this morning.
an abominable offence.
Samuel Augustus Cobb was indicted with that he did on March 28, 1910, at Aberdeen, assault Norman Alfred Taylor with intent to commit an unnatural offence.
Accused, who pleaded not guilty, was defended by Mr WJ Enright, and challenged seven jurors.
Norman Alfred Taylor, 14 years of age, deposed that the offence was committed at Aberdeen.
Constable [Hammond Joseph] Boland gave evidence, stating that when he arrested the accused he said he had been drinking, and did not know what he was doing, and asked witness not to be too hard on him. To Mr Enright: He had been known to the accused for the last couple of years, and except for being under the influence of liquor had found him to be a very respectable man. Even when under liquor he was well-behaved. Accused appeared nervous the next morning, as if suffering from the effects of drink. He said to accused “Do you know what you are charged with?” and he replied “No; I do not remember a word said last night. I was drunk.” Accused asked him for some liquor then.—To the Crown Prosecutor: When he spoke to accused that night he appeared to be shocked and to fully realise his position.
This was the Crown case.
Accused [Samuel Augustus Cobb], a single man, and grazier, residing at Sandy Creek, Aberdeen, deposed to having come into Aberdeen on the evening in question. He went to the Segenhoe Hotel [Macqueen Street, Aberdeen], where he played cards in the parlour and was drinking. A fight started outside and he went out to witness it; but did not remember anything more until he woke up in the cell next morning, except that he had a hazy recollection on seeing dancing going on.—In cross-examination, he gave the names of those with whom he was playing cards at the hotel, but could not say whether he told one of the men who was fighting outside to go home and not make a fool of himself. He did not remember doing so.
His Honor, in putting the case to the jury requested them at the instance of the Crown Prosecutor, to find, if they found him guilty, whether the accused was so drunk at the time referred to that he was incapable of forming an intent to commit the crime.
Counsel addressed the jury, His Honor summed up, and the jury retired to consider their verdict.
After three and a half hours’ retirement the jury returned into court with a verdict of guilty, and answered the question put to them to the effect that accused was sober enough to know what he was doing. Prisoner was remanded for sentence.
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The Sydney Morning Herald, Fri 15 Apr 1910 9
COUNTRY NEWS.
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…
West Maitland, Thursday.
The Maitland Circuit Court was continued to-day before Mr Justice Cohen. Thomas White, who pleaded guilty to stealing in a dwelling at Aberdeen, was sentenced to four months’ hard labour, and released as a first offender. William James Palmer pleaded guilty to stealing £79, the property of the Commissioners of the Savings Bank in Newcastle, in 1908. Mr Braye appeared for the accused, and asked that he be dealt with under the provisions relating to first offenders. His Honor said that he feared that course might be holding out temptation to officers in the Public Service. He found that the total defalcations amounted to over £400. Accused, unfortunately, owed his position to over-indulgence in drink and gambling. He sentenced accused to 18 months’ hard labour in Goulburn gaol. Frances Matilda Herbert, a young woman, who was found guilty of a serious assault upon a little boy at Johnston’s Creek, near Stroud, was sentenced to two years’ light labour in Bathurst gaol. Samuel Augustus Cobb, convicted of seriously assaulting a lad at Aberdeen, was sentenced to 18 months’ hard labour in Bathurst gaol.
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The Maitland Weekly Mercury, Sat 16 Apr 1910 10
MAITLAND CIRCUIT COURT.
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Tuesday, April 12.
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(Before His Honor Justice Cohen).
————
…
AN ABOMINABLE OFFENCE.
Samuel Augustus Cobb was indicted with that he did on March 28, 1910, at Aberdeen, assault Norman Alfred Taylor with intent to commit an unnatural offence.
Accused, who pleaded not guilty, was defended by Mr WJ Enright, and challenged seven jurors.
Constable Boland gave evidence, stating that when he arrested the accused he said he had been drinking, and he did not know what he was doing, and asked witness not to be too hard on him. To Mr Enright: He had been known to the accused for the last couple of years, and except for being under the influence of liquor had found him to be a very respectable man. Even when under liquor he was well-behaved. Accused appeared nervous the next morning, as if suffering from the effects of drink. He said to accused “Do you know what you are charged with?” and he replied “No; I do not remember a word said last night. I was drunk.” Accused asked him for some liquor then.—To the Crown Prosecutor: When he spoke to the accused that night he appeared to be shocked and to fully realise his position.
Accused, [Samuel Augustus Cobb], a single man, and a grazier, residing at Sandy Creek, near Aberdeen, deposed to having come into Aberdeen on the evening in question. He went to Segenhoe Hotel, where he played cards in the parlour and was drinking. A fight started outside and he went out to witness it, but did not remember anything more until he woke up in the cell next morning, except that he had a hazy recollection of seeing dancing going on.—In cross-examination, he gave the names of those with whom he was playing cards at the hotel, but could say whether he told one of the men who was fighting outside to go home and nor make a fool of himself. He did not remember doing so.
After three and a half hours’ retirement the jury returned into court with a verdict of guilty, and answered the question put to them to the effect that accused was sober enough to know what he was doing. Prisoner was remanded for sentence.
His Honor said accused’s was a very bad case. The offence seemed to be attributable—if not altogether, at any rate to a very great extent, to over-indulgence in drink; in fact that was his defence. It was very lamentable that young men who he presumed were working hard, with a good reputation, and having inherited respected names, should find a pleasure in over-indulgence in alcoholic liquors, and when under that influence committed crimes of so serious a nature as that for which he had been convicted. It was a very painful duty for a judge to deal with a person of that class. He hoped that on accused’s release from gaol he would steadfastly abandon any indulgence in alcoholic drinks. The sentence of the Court was that he be imprisoned with hard labour in Bathurst Gaol for 18 months. Those crimes were very sad, very serious.
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Samuel Augustus Cobb, Gaol photo sheet 11
![SRNSW: NRS2258, [3/5994], Grafton Gaol photographic description book, 10 Jun 1910-Nov 1922, No. 196, p. 1, R5125.](../../images/trials/1910-Cobb-5994-gaol-photo-196.jpg "SRNSW: NRS2258, [3/5994], Grafton Gaol photographic description book, 10 Jun 1910-Nov 1922, No. 196, p. 1, R5125.") |
Gaol Photo Sheet - Transcribed Details
No. 196
67/10 Grafton
Date when Portrait was taken: 22nd June 1910
Name: Samuel Augustus Cobb
|
Native place: Aberdeen NSW Year of birth: 1872 Arrived Ship: BC Trade or occupation Religion: C of E Education, degree of: R & W Height: 5' 7" Weight On committal: 154 Colour of hair: Fair Colour of eyes: Blue |
Marks or special features: Mole on stomach, scar right shin |
|
(No. of previous Portrait ... ) CONVICTIONS |
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| Where and When | Offence. | Sentence | |||
|
Maitland CC |
13 |
4 |
1910 |
Attempt to commit buggery |
18 months HL |
Samuel Augustus Cobb, 1911
The Sydney Morning Herald, Thu 11 May 1911 12
LAW REPORT.
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…
SUPREME COURT.
——
IN BANCO.
(Before Mr Justice Pring, Mr Justice Sly, and
Mr Acting Justice Ferguson.)
A CHARGE OF WRONGFUL DISTRAINT.
THE LANDLORD AND TENANTS ACT.
McAdam v. McIntyre, 1911
Mr A Thompson and Mr Young, instructed by Mr John AK Shaw, of Scone (by his agents, Messrs Abbott, Tout, and Co), appeared for the defendant, in support of the appeal; and Mr Mocatta, instructed by Messrs Fitzgerald and McIntyre, of Muswellbrook (by Messrs Pigott and Stinson), for the plaintiff, in support of the verdict.
This was an appeal of the defendant against the decision of District Court Judge Docker, at Muswellbrook, in an action brought by Robert Cooper McAdam, of Aberdeen, manager of the Australian Chilling and Freezing Company, Ltd, against Charlotte Ellen McIntyre, to recover compensation for alleged wrongful distraint upon the plaintiff’s goods, consisting of horses, cattle, farming implements, vehicles, machinery, and household furniture, on a farm known as “Kayuga,” of which the tenant was Samuel Augustus Cobb, who held it under lease from the defendant. The second count of plaintiff’s claim alleged that the defendant distrained upon goods to a greater value than the arrears of rent due and the charges of the distress, and that the distraint was excessive and unreasonable. The third count was for selling for a less price than could be obtained for the goods; and in the fourth count of the claim plaintiff averred that defendant sold goods for a larger sum than was sufficient to satisfy and discharge the arrears of rent and charges, and that he was entitled to the overplus amount to £70. It appeared that on the 27th January of last year a bill of sale was given by Bobb to plaintiff over the goods on the farm, to secure an advance of £150, and on the 16th April a bailiff named McDonald, as agent of the defendant, distrained on the goods to recover the sum of £100 amount of arrears due (as stated in the warrant of distraint) which were covered by plaintiff’s bill of sale, and a portion of the goods was subsequently sold to cover the arrears and charges. Judge Docker held that plaintiff had not proved any cause of action under counts 1, 2, and 3, and that as the goods of the plaintiff had been sold under the distress for more than the amount mentioned in the warrant of distress the plaintiff was entitled to recover the overplus realised at the sale, and he therefore gave a verdict in his favour in the sum of £70 on the fourth count of the plaintiff’s claim. Defendant now appealed, and the question was whether his Honor’s decision was correct or not.
After argument.
Mr Justice Pring (Mr Justice Sly and Mr Acting Justice Ferguson concurring) said that at the time of the distraint it appeared that the arrears of rent actually due by Cobb were £240, instead of £100. How that mistake came about the Court was not informed. The plaintiff as owner of the goods sued defendant, and among other things he claimed £70 as the overplus beyond the amount of £100 distrained for. In considering the Landlord and Tenants Act it must be born in mind that some of the sections were passed to afford protection to tenants upon whom the old common law distress was found to weigh somewhat harshly. For that reason the Legislature to a certain extent protected tenants against the rigour of common law distress. It had been argued by Mr Thomson, as he understood, that overplus meant not the amount which exceeded the rent named in the warrant of distress, but the overplus beyond the arrears of rent actually due, and that the amount actually due was £240. The answer to that was that the section of the Act providing for distraint did not say so. As he read it, it clearly meant the opposite, namely, the amount of the arrears stated in the warrant and distrained for, namely, £100, and the amount of charges. That being so and the overplus here being £70, plaintiff was entitled to recover that sum, and his Honor was therefore right in his decision. The only other question raised was as to whether plaintiff was entitled to recover on the first count of his claim, but as Mr Mocatta had abandoned that count the Court need not deal with it.
Appeal dismissed, with costs.
1 The Muswellbrook Chronicle, (NSW), Sat 2 Apr 1910, p. 2. Emphasis added.
2 SRNSW: NR880, [9/7161], Supreme Court, Papers and depositions, Maitland, 1910, No. 349. Emphasis added.
3 Mn: “A”. Rechecked depositions on 2 October 2008 for Exhibit “A” which could not be found.
4 SRNSW: NRS5788, [2/2742], Judiciary, HE Cohen, J. Notebooks Circuit Court, 1895-1910, pp. 96-105. Emphasis added.
5 Enright in depositions.
6 Post Office.
7 The Maitland Daily Mercury, Tue 12 Apr 1910, p. 3.
8 The Maitland Daily Mercury, Wed 13 Apr 1910, p. 4. Emphasis added.
9 The Sydney Morning Herald, Fri 15 Apr 1910, p. 9. Emphasis added.
10 The Maitland Weekly Mercury, Sat 16 Apr 1910, p. 4. Emphasis added.
11 SRNSW: NRS2258, [3/5994], Grafton Gaol photographic description book, 10 Jun 1910-Nov 1922, No. 196, p. 1, R5125.
12 The Sydney Morning Herald, Thu 11 May 1911, p. 5. Emphasis added.