John Savage, et al, 1874
Below also see: Charles Mullens, 1895,
John Savage, 1896,
John Roberts, 1901,
John Savage, 1910
The Australian, Windsor, Richmond, and Hawkesbury Advertiser, Sat 28 Feb 1874 1
CENTRAL CRIMINAL COURT.
————
Monday.
Before his Honor Sir James Martin, Chief Justice. Mr WJ Foster appeared as Crown Prosecutor.
WINDSOR ROAD RAPE CASE. 2
John Savage, John Olson, Francis Hackett, and Thomas Barker were placed in the dock to stand their trial, for that they, on the 2nd of November last, on the Windsor Road, in th District of Parramatta, did feloniously and violently commit a rape on one Eleanor Fishburn.
The prisoners—four powerful looking men one of whom (Olson) is a foreigner—were defended by Mr WC Windeyer, instructed by Messrs Curtis and Gannon, the attorneys for the accused.
It appeared from the evidence for the Crown taken in this case, that the prosecutrix (the wife of a farmer residing at Castlehill, on the Windsor Road) had occasion on the evening of the 1st of November last, to ride into Parramatta; and on her way home during the night—delayed partly by her business, and partly by an obstinate horse—she was attacked by the four prisoners and another, who it is stated, either as principals or accessories, committed the capital offence with which they were now charged. According to the evidence of the prosecutrix, the alleged crime was committed upon the woman in the middle of the night, under circumstances of the most revolting cowardily [sic] brutality. The case for the Crown was supported by the evidence of Mrs Fishburn, William Harris (Toll Bar keeper), Thomas Tisdale (publican), James Tamsett, (orange grower), constable Michael William O’Connor (the apprehending constable), Joseph Byrnes (apprentice to a stonemason) James Jeffries Power (a lad employed in a factory), and Thomas Warren (the son of a labourer.) The witnesses called for the defence were RC Rutter, E Barker, Hugh Taylor, Charles Rouse, and Thomas Barker. One of the most extraordinary circumstances in connection with the alleged outrage was the statement that three young men and a boy (having with them a double-barrelled gun, which was loaded) witnessed the facts set forth for the Crown, and did not attempt to interfere on behalf of the women against the brutal violence of five man. There was a general defence of supposed consent, mistaken identity, and an alibi was set up for the prisoner Barker.
The case occupied all day, the evidence for the defence being concluded at a quarter to 6 o’clock pm.
Mr Windeyer addressed the jury for the defence.
The Crown Prosecutor replied.
His Honor summed up, carefully recapitulating all the evidence to the jury.
The jury retired at five minutes to 10, and not having come to any agreement at twenty minutes to 11, were locked for the night.
TUESDAY.
The jury in this case having been called over,—
the foreman of the jury said that the jury wished his Honor to read to them the statement which the prisoner Barker had made to the police after usual caution had been given him.
His Honor (referring to his notes) read the passage referred to as follows:—“Barker said, I did not go beyond McCulloch’s public-house that night, I was not at the tollbar, on the Windsor Road, that night; I did not see either of the Hacketts, or Savage that night.”
Mr Windeyer: And that statement, your Honor has never been contradicted by evidence.
Foreman: We would wish to obtain yet further information. What is the distance between Tisdale’s public-house, to the house of the prisoner Barker?
His Honor asked this question, at the desire of the jury, of constable MW O’Connor.
Constable O’Connor said it was about five hundred yards. From Barker’s to McCulloch’s the distance is 150 yards, and the distance between Tisdale’s and McCulloch’s is about 300 yards.
The jury again retired at twenty-five minutes past 10 o’clock, and on their reappearance in Court at nine minutes to 11, the verdict returned by the jury was as follows:—John Savage, guilty of rape; John Olson guilty of attempt to commit rape; Francis Halkett, [sic] guilty of attempt to commit rape; and Thomas Barker, guilty of attempt to commit—but recommended to mercy on account of his previous good character.
The Clerk of Arrains [sic] (Mr G Deas Thomson) in the usual formula called upon the prisoner, John Savage, to know “if he had anything to say why sentence of death should not be passed upon him?” The prisoner made no reply.
His Honor the Chief Justice said: John Savage, you have been found guilty of the crime of rape, committed, the evidence goes to show, under circumstances as gross and brutal as any that have ever come within the range of any experience. The jury, after giving the evidence a very careful consideration, and remaining all night in deliberation, have come to the conclusion that you committed this crime. The crime of rape is one which is, under all circumstances, a very serious offence against society, but in this instance it appears to have been attended with circumstances of peculiar brutality. The unfortunate woman who, in this case, was the victim waylaid by you, and by others, was on her way home on the lonely road, and late at night, and there on that road, for an hour, or an hour and a half, she was subjected to the violence of yourself and several other men. My painful duty is now to pass upon you the sentence of death which the law awards to the crime of which you have been found guilty. Your case will of course be fully considered, in all its circumstances, as such cases always are, to see whether there are any grounds for a mitigation of sentence. His Honor then passed sentence of death upon the prisoner Savage in the accustomed form.
The prisoner Savage, who heard the sentence without manifesting any emotion, was removed to gaol.
The other three prisoners—Olson, Halkett, and Barker—were remanded for sentence, and removed from the dock.
~ ~ ~ ~ ~
Empire, Tue 24 Mar 1874 3
At a meeting of the Executive Council yesterday, the sentence of death passed on John Savage for the Windsor road outrage was commuted to imprisonment for life with hard labour on the roads—the first three years in irons.
~ ~ ~ ~ ~
Illustrated Sydney News, Sat 28 Mar 1874 4
Olsen, Halkett, and Barker, convicted of attempted rape upon the person of Eleanor Fishburne at Parramatta, each received two years’ imprisonment; and John Savage, who was sentenced to death last month for the capital offence, has had his sentence commuted to imprisonment for life.
~ ~ ~ ~ ~
John Savage, Gaol photo sheet 5
![SRNSW: NRS2138, [3/14031], Darlinghurst Gaol photographic description book, Nov 1873-Dec 1874, No. 892, pp. 24a, R5098.](../../images/trials/1910-Savage-14031-gaol-photo-892-p.-24a.jpg "SRNSW: NRS2138, [3/14031], Darlinghurst Gaol photographic description book, Nov 1873-Dec 1874, No. 892, pp. 24a, R5098.") |
|
![SRNSW: NRS2138, [3/14031], Darlinghurst Gaol photographic description book, Nov 1873-Dec 1874, No. 892, pp. 24b, R5098.](../../images/trials/1910-Savage-14031-gaol-photo-892-p.-24b.jpg "SRNSW: NRS2138, [3/14031], Darlinghurst Gaol photographic description book, Nov 1873-Dec 1874, No. 892, pp. 24b, R5098.") |
Gaol Photo Sheet - Transcribed Details
No. 892
Gaol register 4764/73
Date when Portrait was taken: c. 1873
Name: John Savage
|
Native place: Cape of Good hope Year of birth: 1852 Arrived Ship: Maria Soames Trade or occupation Religion: R Catholic Education, degree of: R & W Height: 5' 7¾" Weight On committal: 149 lbs Colour of hair: Dark brown Colour of eyes: Grey |
Marks or special features: |
|
(No. of previous Portrait ... ) CONVICTIONS |
|||||
| Where and When | Offence. | Sentence | |||
|
SCC Central PC Water PC |
23 1
14 |
2 10
1 |
1874 1882
1883 |
Rape Assault a Constable
Illegally use a horse |
Death 14 days C. Paid fine 40/-
3 months HL
|
Charles Mullens, 1895
The Cumberland Argus and Fruitgrowers’ Advocate, Sat 2 Feb 1895 6
PARRAMATTA POLICE COURT.
————
Monday, January 28, 1895.
————
(Before Messrs JN Brooks, acting PM,
and R Harper JP.)
————
DRUNK.
Charles Mullens [aka John Savage], charged with being drunk in Church-street on Sunday, was fined 10s or 48 hours in gaol.
John Savage, 1896
The Cumberland Argus and Fruitgrowers’ Advocate, Sat 26 Sep 1896 7
RYDE POLICE COURT.
————
Friday, September 18.
(Before Mr TE MacNevin, PM.)
A GIN FANCIER
John Savage a middle-aged man, was sentenced to one month’s imprisonment for stealing a bottle of gin valued at 4s 6d, the property of Charles Haddow, from the Royal Hotel on the 16th instant. For assaulting Elizabeth Haddow, the same offender was fined 20s or 21 days.
John Roberts, 1901
The Cumberland Argus and Fruitgrowers’ Advocate, Sat 6 Jul 1901 8
PARRAMATTA POLICE COURT.
————
Friday, June 28.
(Before Mr TE MacNevin, PPM.)
…
Monday, July 1.
(Before Mr TE MacNevin, PM, and Mr
PJ Braine, JP.)
Amy Brown (alias Eva Callross) for drunkenness was fined 5s or the rising of the Court.
William Cranney was punished similarly for a like offence.
John Roberts (alias Savage) for using indecent language was fined 5s (or 24 hours imprisonment).
John Savage, 1910
The Cumberland Argus and Fruitgrowers’ Advocate, Sat 15 Jan 1910 9
THE SESSIONS.
————
The List for Next Week
The following is the list of cases for trial at Parramatta Quarter Sessions:—
Monday, 17th January.
David Hall, horse stealing.
Frederick Jacob Anthes, indecent assault.
Louis Patrick Boyd, Walter Brown and James Clines, assault with intent to rob.
Edwin Small, making a false statement.
Tuesday, 18th January.
Andrew Jamieson, breaking, entering and stealing (three cases).
Same, stealing in a dwelling house.
John Savage, indecent assault.
APPEALS.
Frank Kilduff, assault.
Milton Richards, breach Local Government ordinance.
Wednesday, 19th January.
Leonard Bell, to vary order Infant Protection Act .
Alexander Johnstone, to vary order Infant Protection Act .
Other cases may be added.
~ ~ ~ ~ ~
The Cumberland Argus and Fruitgrowers’ Advocate, Wed 19 Jan 1910 10
PARRAMATTA QUARTER SESSIONS.
———◦———
Monday, January 17.
———
(Before His Honor Judge Docker.)
———
Mr Cecil A White was Crown Prosecutor; Mr AE Chapman, Deputy Clerk of the Peace; Mr DD Henderson, JP, Deputy Sheriff.
Two jurors, Messrs W Gilliver and Copeland, were exempted from attendance.
THE LATE CHIEF JUSTICE.
The Judge, at the opening of the Court, expressed—at that, his first public opportunity of doing so—his regret at the death of his old friend, the late Chief Justice, Sir Frederick Darley, a Judge against whom, publicly or privately, no adverse word had perhaps ever been said.
Mr CA White also expressed (on behalf of the legal profession) regret at Sir Frederick’s death.
~ ~ ~ ~ ~
The Cumberland Argus and Fruitgrowers’ Advocate, Sat 22 Jan 1910 11
PARRAMATTA QUARTER SESSIONS.
———◦———
Monday, January 17.
———
(Before His Honor Judge Docker.)
———
Mr Cecil A White was Crown Prosecutor; Mr AE Chapman, Deputy Clerk of the Peace; Mr DD Henderson, JP, Deputy Sheriff.
…
THE JURY LOCKED UP ALL NIGHT.
John Savage, an old man, was charged with attempting on the 14th of December, at Campbelltown, to commit a serious offence, [bestiality ].
The accused pleaded not guilty, and was defended by Mr HE McIntosh.
The details of the case were of a character that do not admit of publication.
At 7.30 pm the jury were locked up, and they were out all night.
——————
Wednesday.
———
GUILTY—AN ALL NIGHT JURY.
The jury in the old man Savage’s case returned after an all night sitting, with a verdict of guilty, with a recommendation to mercy on the grounds of “weak intellect.”
His Honor said that he would give all possible effect to the recommendation; but he refused to entertain an application from Mr HE McIntosh for a questioning of the jury as to what they meant exactly by their reference to the man’s weak intellect.
SENTENCES.
…
ANOTHER CONVICTION.
Michael [aka John] Savage, convicted of indecent assault, was also called up for sentence.
George Allen stated on oath for his Honor’s information, that when a policeman he knew Savage. He got drunk at the time. Had never noticed that the man was of a weak intellect.
Savage was sentenced to two years’ imprisonment with hard labor in Parramatta gaol.
~ ~ ~ ~ ~
John Savage, Gaol photo sheet 12
![SRNSW: NRS2397, [3/6012], Parramatta photographic description book, 1909-1914, No. 1093, p. 11. Emphasis added.](../../images/trials/1910-Savage-6012-gaol-photo-1093-John-Savage.jpg "SRNSW: NRS2397, [3/6012], Parramatta photographic description book, 1909-1914, No. 1093, p. 11. Emphasis added.") |
Gaol Photo Sheet - Transcribed Details
No. 1093
Parramatta
Date when Portrait was taken: 2 March 1910
Name: John Savage
(aka John Wall, Charles Mullens, Henry Jack)
|
Native place: Born at sea Year of birth: 9-6-1852 Arrived Ship: Maria Soames Trade or occupation Religion: R. C. Education, degree of: R & W Height: 5' 7" Weight On committal: 149 Colour of hair: Grey - Bold Colour of eyes: Hazel |
Marks or special features: 2 Vaccine marks left upper arm. Nails stunted. Arms freckled. Bold. Large lump side of head. Slight scar on forehead. 3 Teeth remaining in upper jaw. 9 in lower jaw. Chest hair. Moles near left-side of neck. Moles on back. Scars on right shin. |
|
(No. of previous Portrait .. 892 Darlinghurst) CONVICTIONS |
|||||
| Where and When | Offence. | Sentence | |||
|
Sydney GD Penrith PC Parramatta Ryde Hornsby Parramatta PC Parramatta Q.S |
23 28 28 18 27 3 19 |
2 11 1 9 2 7 1 |
1874 1892 1895 1896 1901 1901 1910 |
Rape Drunk ditto Stealing Drunk Indecent language Attempt to commit bestiality |
Death. Commuted to HL on roads 7 days HL 48 hours C 1 month HL 5/6 or 24 hours C 10/- or 48 hours 2 years HL |
1 The Australian, Windsor, Richmond, and Hawkesbury Advertiser, Sat 28 Feb 1874, p. 7. Emphasis added.
2 The full reports of the Parramatta Police Court committal hearings, for this case, can be found in: The Australian, Windsor, Richmond, and Hawkesbury Advertiser, Sat 8 Nov 1873, p. 3; Sat 15 Nov 1873, p. 5; Sat 22 Nov 1873, p. 5.
3 Empire, Tue 24 Mar 1874, p. 2.
4 Illustrated Sydney News, Sat 28 Mar 1874, p. 3. Emphasis added.
5 SRNSW: NRS2138, [3/14031], Darlinghurst Gaol photographic description book, Nov 1873-Dec 1874, No. 892, pp. 24a, 24b, R5098.
6 The Cumberland Argus and Fruitgrowers’ Advocate (Parramatta), Sat 2 Feb 1895, p. 2.
7 The Cumberland Argus and Fruitgrowers’ Advocate (Parramatta), Sat 26 Sep 1896, p. 10.
8 The Cumberland Argus and Fruitgrowers’ Advocate (Parramatta), Sat 6 Jul 1901, p. 5. Emphasis added.
9 The Cumberland Argus and Fruitgrowers’ Advocate (Parramatta), Sat 15 Jan 1910, p. 6. Emphasis added.
10 The Cumberland Argus and Fruitgrowers’ Advocate (Parramatta), Wed 19 Jan 1910, p. 1.
11 The Cumberland Argus and Fruitgrowers’ Advocate (Parramatta), Sat 22 Jan 1910, p. 4. Emphasis added.
12 SRNSW: NRS2397, [3/6012], Parramatta photographic description book, 1909-1914, No. 1093, p. 11. Emphasis added.