Charles Henry Smith, 1907

Below also: Charles Smith, 1911,
Charles Henry Smith, 1913 – Sodomy

 

The Advertiser, Wed 31 Jul 1907 ¹

YOUTHFUL
SHOP BREAKERS.
————
THEFTS AT PORT ADELAIDE.

    Charles Henry Smith, aged 14, and John James Hokin, aged 12, were on Tuesday morning charged before Mr T Gepp, SM, at Port Adelaide, with having on Sunday broken into the shop of TB Oliver, a general dealer, and having stolen therefrom two pocket knives, valued at 2/-s and 1/4 in money. A witness who resided next door to the shop, said that at 12.30 pm she heard a sound as of someone jumping down of the wall which separated the two premises. She observed the boy Smith, whom she knew by sight. She called to him, but he ran away. Constable Burford, who arrested Smith, said the boy admitted having been on the premises, but not in the shop, and that the lad Hokin had entered it and taken the property mentioned. He gave the constable a pocketknife, which he alleged was one of those stolen. Hoken [sic] told the constable that he had broken and lost the knife that he had and said Smith and he had 8d each. Upon the application of the inspector they were remanded till to-day.

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The Register, Wed 31 Jul 1907 ²

ALLEGED SHOP BREAKING.

    Two boys—John James Hoken, 12 years of age, and Charles Henry Smith, aged 14—were brought before Mr T Gepp, SM, in the Juvenile Offenders’ Court, Port Adelaide, on Tuesday morning, and charged with having, on July 28, broken and entered the shop of Thomas Benjamin Oliver, and stolen 1/4 in money and two pocket knives valued at 2/-. Alice Maud Sylvia Rix, who resides next to Mr Oliver’s shop, said she heard some one jump over the division wall at 2.30 on Sunday afternoon, and on going outside saw Smith running out of the lane and thence into Divett street. Two other boys were with him. On Monday evening the accused were interviewed by Detective Burford, and both admitted having been at Oliver’s. smith produced a knife which he said was taken from the shop by Hoken and 8d in cash. Hoken alleged that he had lost his knife, but handed the detective 7d. In the absence of Mr Oliver a remand was granted until Wednesday. Accused were allowed to go home with their parents without bail.

 

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Charles Smith, 1911

Barrier Miner, Fri 25 Aug 1911 ³

ALLEGED INDECENT ASSAULT.
———◦———
CHARGE AGAINST A YOUNG
MAN.
———
ACCUSED COMMITTED FOR TRIAL
————

    In the Children’s Court this afternoon, before Mr CF Butler, SM, Charles Smith, aged 19 years, was charged with having assaulted a little girl, aged 11 years, at South Broken Hill, on August 22, with intent to commit a criminal offence.

    Accused reserved his defence, and was committed for trial at the Quarter Sessions at Broken Hill on December 4.

~ ~ ~ ~ ~

The Register, Fri 25 Aug 1911 ⁴

ALLEGED CRIMINAL ASSAULT.

    BROKEN HILL Hill, August 24.—Charles Smith, aged 19, was committed for trial this afternoon on a charge of having assaulted a girl, aged 11, on August 22 with intent to commit a criminal offence. The affair, it is alleged occurred near to the British Mine.

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Barrier Miner, Tue 5 Dec 1911 ⁵

QUARTER SESSIONS.
———◦———
YESTERDAY’S SITTINGS.
———

    The sittings of the Quarter Sessions, presided over by Judge Gibson, were continued last evening, after the Third Edition went to press.
…

TO-DAY’S SITTINGS.

    The sittings of the Quarter Sessions, presided over by Judge Gibson, were resumed at the Courthouse this morning.

ALLEGED ASSAULT WITH INTENT.

    Charles Smith, a youth, was charged with assault with intent to commit an offence on a girl named Ivy May Fee, under the age of 16, on August 22.

    The accused pleaded not guilty.

    Mr J McCarthy, instructed by the Department of Justice, defended the accused.

    Mr CJ White prosecuted for the Crown.

    The following jury was empanelled:—AP Powell, Francis Moran, LW Cooper, JH Brenton, HA Edwards, FN Kidman, F Mars, WH White, GA Eley, A Harding, HJE Hamilton, JS Edwards.

    Ivy May Fee, a girl of about 11 years of age, stated that she lived in Morgan-street; she was at the British dump at about 11.30 on August 22; another girl, Dorothy Conneff, was with her; they were gathering a few chips; two big boys came up; the accused was one of them; Harry Hosking was the other; the accused came up, and said, “Look, Sis, there’s a lot of wood in there;” Dorothy and the witness went in and got a piece; the accused said, “Look at all the wood here,” pointing to the side of the hole; as the witness stooped to pick up a piece of wood, the accused caught her around the waist and said, “I’ve got you now;” the accused then threw her down on the dump, and made improper overtures to her; the witness said that she would tell her mother and would scream; the accused said that he would murder her; the witness then screamed, and the accused put his hand over her mouth, and again threatened her; the witness then described other actions of the accused; Mr Handbridge, of the British mine, then came up, and to him the accused said that they were playing in the sand; the witness told Mr Handbridge what had occurred; the accused said that his name was Rodgers; the witness told he mother, who took her to Dr Macgillivray; the witness did not see Harry Smith; Dorothy was about 60 yards away in a paddock.

    To Mr McCarthy: The assault was committed about four months ago, and I gave evidence in the Police Court two days afterwards; I have not spoken to anyone about the case; I was not “larking” about with the accused.

    Dorothy Conneff, 11½ years, corroborated the other girl’s story, and identified the accused as Ivy Fee’s assailant.

    Stanley S Handbridge, clerk at the British mine, stated that on August 22 he heard screaming at about 12.20pm; he thought for a moment it was children playing about, but the screaming continued, he walked to a cavity of a slime dump, and saw a boy and girl in the cavity on the ground; the little girl Ivy came to him crying, and the boy walked a little further into the cavity behind a small truck there; the girl told him what happened; the witness asked the accused why he did ir, and the boy said that he did not know; the witness told the girl to go home, and he then asked the accused his name, the reply being “Roberts” or “Robertson,” and that he lived at the back of the Convent; the witness saw a little girl run into a paddock about 100 yards away; the boy went away and was later joined by another boy.

    To Mr McCarthy: I cannot remember the boy saying that they were playing in the sand.

    To his Honor: There was no doubt about the boy’s intention.

    Dr Macgillivray stated he had examined the little girl and his testimony went to confirm the story of the girl.

    Harry (or Henry) Hosking, working at Comley’s ham shop, stated that he was 15 years of age; he had known the accused for about six months, the witness was with the accused on August 22 at the British dump at about noon; there were two small girl’s there getting wood; the accused and he were pushing a truck when the girls came up and asked the witness and the accused to get some wood for them; the accused said that he would not, and afterwards made a certain suggestion about the girls; the witness then left the accused, who went into a cut in the dump with the girls; the witness next heard a girl call out; he next saw a man near the trucks, and the accused running away, and heard him calling to the witness; the witness went to the accused who made a statement to him; they both went away then.

    Mary Jane Fee, mother of the little girl, stated that in consequence of a certain statement made to her by her daughter, she took her to Dr Macgillivray, who examined the child.

    Sergeant Mann stated that he knew the accused, whom he saw at the South Broken Hill Police Station, together with Henry Hosking, on Wednesday, August 25; witness said to Hosking, “Do you know Smith?” Hosking said, “Yes”; Hosking also said that he was near the British mine on the previous day and saw two girls there “shaking” wood; Hosking further said that he saw the accused take the biggest girl to the other side of the dump, from where he was, and shortly after heard the girl call out; Hosking next said he saw the accused running away, and detailed a conversation relating to the girl; the witness then asked accused if Hosking’s statement was true, and he admitted that it was.

    Proceeding.

~ ~ ~ ~ ~

The Advertiser, Wed 6 Dec 1911 ⁶

AN ASSAULT CASE.
———
A YOUTH SENT TO GAOL.

Broken Hill, December 5.

    The sittings of the Quarter Sessions before Judge Gibson were resumed this morning. Charles Smith, a youth, was charged with assault, with intent to commit an offence on Ivy May Fee, under the age of 16, on August 22. He pleaded not guilty. Mr J McCarthy, instructed by the Department of Justice, defended the accused, and Mr CJ White prosecuted for the Crown. The evidence of the little girl, who is 11 years old, was corroborated by a companion and a doctor. The accused denied the charge.

    The jury found the accused guilty.

    In answer to his Honor, the gaoler of the Broken Hill gaol said the accused had been convicted on a charge of larceny and fined 10/, with seven days’ incarceration in a reformatory at Port Adelaide in 1897.

    His Honor said he thought it was a most horrible case. The accused might have been tried for an offence the punishment for which was penal servitude for ten years. He would take into consideration that the accused had been in gaol for nearly four months, and sentenced him to imprisonment in the Goulburn gaol for one year and three months hard labor.

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Barrier Miner, Wed 6 Dec 1911 ⁷

QUARTER SESSIONS.
———◦———
THIS MORNING’S SITTINGS.
————
ALLEGED ASSAULT WITH INTENT.
————

    After the First Edition went to press Sergeant Mann, continuing his evidence in connection with the charge of assault with intent to commit an offence on a girl named Ivy May Fee, under the age of 16, preferred against Charles Smith, submitted two statements, one by the accuse and one by the girl, and detailed other conversations he had had with the accused.

    This closed the case for the Crown.

    The accused made a statement to the effect that they were playing with the girls and that the bigger girl made a proposition to him, when the watchman came along, he had come to Broken Hill, and his parents were poor in Adelaide.

    Mr McCarthy then addressed the jury on the accused’s behalf, after which his Honor, in summing up, said that the evidence seemed to turn all the one way as to the boy’s intentions. It would require a great deal of imagination to get away from the accused’s own admission. The jury could take the boy’s own statement into consideration that he was playing with the girl. The evidence was very short and very plain, and the question for it to decide was on Mr Handbridge’s evidence and the accused’s own admission.

    The jury retired at 12.25 to consider its verdict, and after an absence of 12 minutes returned with a finding of guilty.

    In answer to his Honor, the gaoler at the Broken Hill Gaol said that the accused was convicted on a charge of larceny, and fined 10s, with seven days’ incarceration in a reformatory at Port Adelaide in the year 1897.

    His Honor thought it a most horrible thing and a most serious offence. The accused might have been tried for an offence which would give him penal servitude for 10 years. He would take into consideration that the accused had been in gaol for nearly four months, and sentenced him to imprisonment in the Goulburn Gaol for a period of one year and three months, with hard labor.

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The Register, Wed 6 Dec 1911 ⁸

THE BARRIER SESSIONS.

    BROKEN HILL, December 5.—At the Quarter Sessions to-day (before Judge Gibson), Charles Smith, aged 18, charged with having assaulted a girl Ivy Fee, aged 11, was found guilty and sentenced to 15 months’ hard labour in Goulburn Gaol.

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Chronicle, Sat 9 Dec 1911 ⁹

YOUTH SENT TO GAOL FOR
ASSAULT.

Broken Hill, December 5.

    The sittings of the Quarter Sessions before Judge Gibson were resumed this morning, Charles Smith, a youth, was charged with assault, with intent to commit an offence on Ivy May Fee, under the age of 16, August 22. He pleaded not guilty. Mr J McCarthy, instructed by the Department of Justice, defended the accused, and Mr CJ White prosecuted for the Crown. The evidence of the little girl, who is 11 years old, was corroborated by a companion and a doctor. The accused denied the charge.

    The jury found the accused guilty.

    In answer to his Honor, the gaoler at the Broken Hill gaol said the accused had been convicted on a charge of larceny and fined 10/, with seven days’ incarceration in a reformatory at Port Adelaide in 1897.

    His Honor said he thought it was a most horrible case. The accused might have been tried for an offence the punishment for which was penal servitude for ten years. He would take into consideration that the accused had been in gaol for nearly four months, and sentenced him to imprisonment in the Goulburn gaol for one year and three months hard labor.

————

    RENMARK, November 30.—At the Police Court yesterday, before Messrs CH Hollingdrake and HS Taylor, William Lawson was fined £20 or, in default one month for supplying intoxicating liquor Thomas Lawson, an aborigine. The delinquent was caught red-handed. Mr Hollingdrake said natives in liquor were a menace to the public safety and white men who supplied them must take the consequences.

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Charles Smith, Gaol photo sheet ¹⁰

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Gaol Photo Sheet - Transcribed Details

No. 12124

Date when Portrait was taken: 3-1-1912

Name: Charles Smith

Native place: South Australia Year of birth: 11-6-1893 Arrived       Ship: in Colony }   Year: BS Trade or occupation previous to conviction  } Laborer Religion: Congregational Education, degree of: R and W Height: 5' 3" Weight     On committal: 106 in lbs     } On discharge: Colour of hair: Light brown Colour of eyes: Grey

Marks or special features: Scar on back of head. Scars on both knees

(No. of previous Portrait ... )  CONVICTIONS
Where and When				Offence.	Sentence
Port Adelaide PC Broken Hill Q.S	31   5	7 12	1907 1911	Larceny Assault with intent to carnally know a girl under 16 years of age	10/- or 7 days in Reformatory School 15 months HL

 

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Charles Henry Smith, 1913

Barrier Miner, Fri 17 Oct 1913 ¹¹

ALLEGED ASSAULT.
———◦———
YOUNG MAN COMMITTED FOR
TRIAL.
————

    Charles Henry Smith (21), a laborer, was charged before Mr CF Butler, SM, at the Broken Hill Police Court, with committing an assault upon a boy, contrary to the laws of nature, at Broken Hill on October 14.

    Sergeant Gibson stated that about 10.30 last evening he visited a one-roomed house at North Broken Hill and saw accused there; he was lying on a stretcher fully dressed; witness arrested him; at the lock-up, after warning the accused, witness asked him several questions respecting a charge that he had indecently assaulted his sister’s child; accused said he had denied to his sister that he had assaulted the child; he had been left to mind the children and get their dinner while his sister was away, but he had not assaulted them; witness asked him why he had left his lodgings, and he said he was going on the track to Queensland; accused had with him two loaves, a piece of corned mutton, a blanket, and a towel; he said he was going to look for work.

    Dr Bartley said that at the request of the mother, he had examined the boy, and found evidence that the assault complained of had been committed.

    The mother of the boy said her son made a complaint to her; the boy was 5 years old; witness charged accused, and he denied the offence.

    The boy gave evidence that the accused assaulted him while his mother was absent from the house.

    Accused was committed for trial to the next Quarter Sessions on December 8. Bail was granted—self in £200, and one surety in £200.

~ ~ ~ ~ ~

The Advertiser, Sat 18 Oct 1913 ¹²

BROKEN HILL.
———

Broken Hill, October 17.

    Charles Henry Smith (21), a laborer, for criminal assault on his nephew, aged 5 years was to-day committed for trial. Bail was allowed in £400.

———
THE FIRST PRIZE GARDEN.

    The judging of Broken Hill gardens in connection with the annual flower show took place to-day. Mr J Begg, of North Adelaide, was judge. The first prize was awarded to Mrs F Williamson, who scored 34 points against Mr HM Bradford’s 28 points.

~ ~ ~ ~ ~

The Advertiser, Tue 9 Dec 1913 ¹³

BROKEN HILL.
———

Broken Hill, December 8.

    The Rev AE Frost was yesterday inducted by Archdeacon Pritchard as vicar of Broken Hill, which in future will be regarded as one parish.

————
THE QUARTER SESSIONS.

    At the Quarter Sessions to-day, before Judge Gibson, Cyril Hans, alias Shepherd, pleaded guilty to five charges of false pretences and passing forged cheques on Mundi Mundi station. He also admitted having escaped from the custody of the police. Sentence was deferred. Charles Henry Smith, charged with having committed an unnatural offence on his nephew, a boy 5 years old, was found guilty, and sentenced to five years’ hard labor.

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Barrier Miner, Mon 8 Dec 1913 ¹⁴

QUARTER SESSIONS.
———◦———
TO-DAY’S SITTINGS.
———

    The December sitting of the Quarter Sessions Court were commenced in the Courthouse this morning, Judge Gibson presiding.
    Mr AC White (Crown Prosecutor) conducted the cases brought forward on behalf of the Crown.

———
NEW JUSTICE OF THE PEACE.

    Mr William Bernard Driscoll was sworn in as a justice of the peace for the State of New South Wales.

———
JURORS EXCUSED.

    His Honor excused Messrs JF Lloyd and AC McGregor from attendance as jurors on account of illness, and also Mr G Weir, on account of the necessity of his close attention to the betterment of the water supply to the town and mines.
…

ALLEGED UNNATURAL OFFENCE.

    Charles Henry Smith was charged with having committed an unnatural offence on a boy five years of age on October 14 last.

    The accused, who pleaded not guilty, was undefended. An application for counsel to defend accused had been made, but the application was refused by the authorities.

    The following jury was empanelled:—John Fiveash, HJE Hamilton, JF Nairn, CE Holmes, JH Wicks, A Anderson, JV Langdon, EJ Polkinghorne, R Morton, SR Gray, D Mayger, and CC Mawby.

    Sergeant Gibson deposed that he knew accused; from certain information received from the mother of the boy witness took accused to the Police Station, and there questioned him concerning the charge; the accused denied having assaulted the boy, but admitted having got the children their dinner and sending them to school; accused said he intended taking the track to Queensland, and had in his possession some provisions.

    Dr JF Bartley gave evidence of the boy’s condition when brought to his surgery by his mother. The mother of the boy gave evidence that the accused was her brother, and that he came to her house on the day the offence was alleged to have been committed; she had been absent most of the day, and when she returned the child told her something, which caused her to question accused and have the boy examined by Dr Bartley.

    The little victim, [Charles William Percy], of the accused also gave evidenve [sic] of the offence committed on him.

    This closed the case for the Crown.

    Accused said he was not at his sister’s house on the Tuesday, and that he was working at Killeen’s woodyard on the Wednesday.

    Laura Bartholomew stated that accused was at her house on a Tuesday, but she could not say from memory the exact date; accused laid down on a sofa and stayed there for the day.

    To his Honor: Witness could not remember the month and date of the day of the week on which accused visited her house.

    His Honor said that unquestionably the child had been abominably assaulted, and it was for the jury to consider material evidence besides the boy’s unsworn testimony in arriving at their verdict.

    The jury retired at 1 o’clock, and after ten minutes’ retirement brought in a verdict of guilty.

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Barrier Daily Truth, Tue 9 Dec 1913 ¹⁵

QUARTER SESSIONS.
———

MONDAY: Before His Honor Judge Gibson. Mr CA White prosecuted for the Crown.

———

…

AN UNNATURAL OFFENCE.
———

    Charles Henry Smith (19) was charged with having committed an unnatural offence on October 14, on a boy.

    The prisoner pleaded not guilty, and was undefended.

    The following jury was empanelled:—HJE Hamilton, EJ Polkinghorne, JV Langdon, Alexander Anderson, JH Wicks, CC Morley, J Fiveash, JF Nairn, CE Holmes, R Morton, SR Gray, W Maygar.

    Sergeant Gibson gave evidence as to interrogating accused at the police station. Accused denied the offence, but admitted that his sister had accused him of it. He said that on October 14 he was at his sister’s place with her children, but did not attempt any offence, and that when arrested he intended going on the track to Queensland. He had provisions and a swag when arrested.

    Dr Bartley gave evidence as to having medically examined the boy, and finding indications consistent with an offence having been committed.

    The mother of the boy said that the accused was her brother, and had been living at Sheridan’s boardinghouse. On October 14 she saw accused at her house, and accepted his offer to get the children’s dinner in her absence. She left about 9 am and returned at 3.30 pm. In consequence of examining the boy she saw her brother, who offered to give her “so much a fortnight” if she did not take the child to Dr Bartley. When she returned in the afternoon she found the bed in the back room disarranged.

    The boy [ Charles William Percy] (an intelligent little fellow) gave evidence (not on oath) which pointed to the commission of the offence by accused.

    The accused said that he was not at the house on the day of the alleged offence, as he was at Bartholemew’s all day.

    Mrs Laura Bartholemew, a married woman, living in Beryl Lane, said that accused came to her place at 7.15 am on a Tuesday (she didn’t know the date) and left at 5 pm. He then left in the direction of his boarding house, and at night went to Pictureland with witness’ son.

    To the Crown Prosecutor: She did not think of the date, though she was asked to come and give evidence.

    To His Honor: She was subpoeanaed [sic] on November 10.

    To the Crown Prosecutor: She had previously seen accused at the gaol, and told accused that he was at her place that day. Accused had been at her place for five weeks every day, but was not employed by her. He was just sitting about and talking. She could not describe what he did on any other Tuesday.

    After an adjournment of ten minutes the jury returned a verdict of guilty.

    Previous convictions were read for larceny and assault with intent on a girl under 16 years.

    His Honor said that the accused had had his chance, and was not fit to be at large. He would be sentenced to five years’ imprisonment with hard labor, in Grafton Gaol, where such offences were specially treated.

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Barrier Miner, Tue 9 Dec 1913 ¹⁶

QUARTER SESSIONS.
———◦———
THIS AFTERNOON'S SITTINGS.
———

    The Quarter Sessions were continued this afternoon at the Broken Hill Courthouse before Judge Gibson.
…

SENTENCES PASSED.

    Charles Henry Smith, who was during the morning session found guilty of having committed an unnatural offence on a boy, was brought up for sentence.

    According to the police report the accused was convicted at Adelaide for larceny, and was sentenced to 15 months’ hard labor at Broken Hill for attempting to carnally know a girl under 16 years of age.

    His Honor (to accused): You’ve had your chance, and this proves I am making no mistake in sending you to Grafton Gaol, where you will be watched. It is not safe for you to be at large. You will be sentenced to five years’ hard labor in Grafton Gaol.

~ ~ ~ ~ ~

Charles Henry Smith, Gaol photo sheet ¹⁷

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Gaol Photo Sheet - Transcribed Details

No. 13406

Date when Portrait was taken: 8-1-1914

Name: Charles Henry Smith
(aka Charles Smith)

Native place: Gladstone SA Year of birth: 11-6-1893 Arrived       Ship: in Colony }   Year: B.S Trade or occupation previous to conviction  } Laborer Religion: Cong Education, degree of: R and W Height: 5' 6½" Weight     On committal: 154 in lbs     } On discharge: Colour of hair: Brown Colour of eyes: Grey

Marks or special features: Scar on back of head, scar on right knee, scar on left knee

(No. of previous Portrait .. 12124 ) CONVICTIONS
Where and When				Offence.	Sentence
Broken Hill Q.S	8	12	1913	Buggery	5 years P.S.
And 2 previous convictions for which see Photo No. As above

 

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¹     The Advertiser (Adelaide), Wed 31 Jul 1907, p. 5. Emphasis added.

²     The Register (Adelaide, SA), Wed 31 Jul 1907, p. 6. Emphasis added.

³     Barrier Miner, Fri 25 Aug 1911, p. 6.

⁴     The Register (Adelaide, SA), Fri 25 Aug 1911, p. 3.

⁵     Barrier Miner, Tue 5 Dec 1911, p. 2. Emphasis added.

⁶     The Advertiser, Wed 6 Dec 1911, p. 16.

⁷     Barrier Miner, Wed 6 Dec 1911, p. 8. Emphasis added.

⁸     The Register (Adelaide, SA), Wed 6 Dec 1911, p. 8.

⁹     Chronicle (Adelaide, SA), Sat 9 Dec 1911 p. 18.

¹⁰   SRNSW: NRS2138, [3/6078], Darlinghurst Gaol photographic description book, 1911-1912, No. 12124, p. 76, R5115.

¹¹   Barrier Miner, Fri 17 Oct 1913, p. 2. Emphasis added.

¹²   The Advertiser, Sat 18 Oct 1913, p. 20. Emphasis added.

¹³   The Advertiser, Tue 9 Dec 1913, p. 11. Emphasis added.

¹⁴   Barrier Miner, Mon 8 Dec 1913, p. 8. Emphasis added.

¹⁵   Barrier Daily Truth, Tue 9 Dec 1913, p. 4. Emphasis added.

¹⁶   Barrier Miner, Tue 9 Dec 1913, p. 1.

¹⁷   SRNSW: NRS2138, [3/6084], Darlinghurst Gaol photographic description book, 1913-1914, No. 13406, p. 166, R5117.

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