The Scrutineer and Berrima District Press, Sat 16 Dec 1911 1
MOSS VALE POLICE COURT.
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Wednesday, Dec 13, 1911.
(Before Mr FH Galbraith, PM.)
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Joseph Richards, of Mandemar, was before the court charged with having committed an abominable offence on the morning of Dec 4th. The case occupied some considerable time, and the evidence of the chief witness for the prosecution, Ernest E Nye and Donald McPhee, is most incredible and altogether unprintable. Mr Paine appeared for the accused, who pleaded not guilty. The bench, however, found that a prima facie case had been made out, and the accused was committed at Goulburn on 29th January next. Bail was allowed and forthcoming.
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Robertson Advocate, Tue 19 Dec 1911 2
COMMITTED FOR TRIAL.
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Joseph Richards, of Mandemar, was charged at the Moss Vale Police Court on Wednesday last with having committed an abominable offence on the morning of the 4th December. The case occupied some considerable time, and the evidence of the chief witnesses for the prosecution, Ernest E Nye and Donald McPhee, was altogether unprintable. Mr Paine appeared for the accused, who pleaded not guilty. The bench, however, found that a prima facie case had been made out, and the accused was committed for trial at Goulbourn on the 29th January next. Bail was allowed and forthcoming.
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The Wollondilly Press, Wed 20 Dec 1911 3
COMMITTED FOR TRIAL.
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At the Moss Vale Police Court on Wednesday last Joseph Richards, of Mandemar, was charged with having committed an abominable offence on the morning of the 4th December. The case occupied some considerable time, and the evidence of the chief witnesses for the prosecution, Ernest E Nye and Donald McPhee, was altogether unprintable. Mr Paine appeared for the accused, who pleaded not guilty. The bench, however, found that a prima facie case had been made out, and the accused was committed for trial at Goulbourn on the 29th January next. Bail was allowed.
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Goulburn Evening Penny Post, Sat 27 Jan 1912 4
GOULBURN QUARTER SESSIONS.
The Goulburn Quarter Sessions will commence on Monday next, 29th instant, and will be continued next day. The following charges are listed:—Monday—Mortimer Watson, larceny; Joseph Richards, breaking, entering, and stealing; Joseph Richards, serious charge; John Edward Partridge, stealing from a dwelling; George James Williams, escape from lawful custody; Daniel Morrison, assault and robbery; Arthur Lynch and Henry Day, breaking, entering, and stealing (two charged). Tuesday—Alfred Thompson, maliciously setting fire to a shop.
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Goulburn Evening Penny Post, Tue 30 Jan 1912 5
[page 4]
QUARTER SESSIONS.
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The sittings of the above commenced on Monday morning, before his Honour Judge Rogers.
Mr Mason was present as Crown-Prosecutor.
There were present at the table Mr A James, barrister; Mr Beaver, clerk of the peace; and Messrs AM Betts, O’Brien, EF Thomas, EA Betts, and Paine (Moss Vale).
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[page 2]
QUARTER SESSIONS.
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Monday Afternoon.
Before his Honour Judge Rogers.
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Tuesday.
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ALLEGED BREAKING AND ENTERING.
Joseph Richards pleaded not guilty to a charge of breaking and entering, on the 28th June last, at Mandemaar, the residence of Ernest E Nye, and stealing there from a quantity on sundries, comprising a bee-smoker, lampblack, etc.
Accused challenged three jurors.
Mr A James, instructed by Mr Paine, appeared for accused.
Constable McIntosh, stationed at Berrima, deposed he went to Mandemaar on 17th October to the place belonging to accused’s parents; he saw accused, and said, “When were you at your hut last?: he said, “What’s that got to do with you? I suppose it’s about two months ago;” witness asked him had he any tools in the hut; accused replied, “There may be some;” witness and accused went to the hut; on the way he objected to go any further; Senior-constable McDonald who was in a sulky, said, “Come, jump up; if the things are yours you have nothing to fear;” accused then went to the hut with them; on arrival a lot of tools were examined; these tools were under the hut, and said, “You —– coves are not coming in here without a warrant; I’ll show you what tools I have: I’ll pass them out;” he passed several axes and shovels out; Senior-constable McDonald sais, “What is there in that box in the corner?” accused said, “That’s a tea box;” the Senior-constable said, “Come on, pass that out;” after being requested to do so twice he threw it out; the box was now produced in court; the Senior-constable said, “Where did you get that box?” accused said, “I brought it here;” McDonald said, “Is that the only plant you’ve got?” accused said, “That’s all;” witness said, “Is that all the tools you have?” accused threw the door open, and said, “You can see across the tables for yourselves;” they stepped to the door, and accused struck at McDonald, saying, “You —– are not coming in here;” they then arrested accused and took him inside;” McDonald said, “We are going to search your place; what have you in that box over there?” accused replied, “There is only pumping seed in that; you need not look in that;” McDonald opened the box, and pulled out several tools and a beesmoker (produced); McDonald said, “I thought you said you only had pumping seed in the box;” accused replied, “You’re very smart;” witness said, “Whose is the beesmoker?” accused said, “That’s mine;” witness said, “Where did you get it?” he replied, “My grandfather gave it to me;” witness said, “When?” he said, “Five years ago;” McDonald said, “Your grandfather, Goodfellow?” and accused said, “Yes;” McDonald pulled the lid of the box (produced) from under the bed; they found a packet of lampblack on a wall plate and a pot of blue paint in the grass outside, near the hut; accused said his brother Herb had the paint for bullock yokes; when charged accused made no reply; on the way to Berrima accused said, “Can’t we square this?” witness said, “What do you mean?” accused said, “How much is it worth to take these off,” indicating the handcuffs, “and say nothing about it?” witness said, “You can’t bribe me;” accused said, “You could do a lot if you like.”
To Mr James: McDonald is a brother-in-law of Nye’s; he had no uniform.
His Honour: I suppose he wanted to keep his hand in.
Mr James: There;’s more in this then meets the eye.
Witness continuing, to Mr James: No mention had been made of anything but tools at first; I have seen these smokers frequently where there are bees.
His Honour: It would not be much use elsewhere. What do you smoke in it? (Laughter.)
Witness: Straw your Honour.
Witness was further cross-examined by Mr James. The Richards and Nyes had been bad friends for some time. Nye had laid another charge, which was to come at this Court.
Senior-constable McDonald, stationed at Girilambone, deposed that he came to Mandemaar for his holidays; he saw marks on the door of Nye’s place, as if force had been used; witness accompanied accused and Constable McIntosh to the hut; he gave corroborative evidence as to what occurred on the way to Berrima.
Ernest Edward Nye, station overseer, residing at Mandemaar, deposed that on one day last year, he could not remember the month, he and his wife went to Mittagong; they left at 6.30 am, and got back about 4 pm; they found the place had been broken into; the door was partly open: they had left it open; the lock was broken, and there were marks on the door where, he thought, a bar had been used; he missed a box; he identified the box (produced) by the seams and marks on it; they missed pickles, tea, and sugar, a beesmoker, and groceries; the beesmoker (produced) was similar to the one he missed; witness had had the beesmoker for 18 months, and it had never been used; he missed also a pound tin of green paint.
Witness was cross-examined by Mr James. He had not been too friendly with the Richards.
Frances Nye, wife of the previous witness, deposed the house was broken into on 28th June. Her evidence was corroborative of her husband’s.
Alexander Robertson, labourer, residing at Granville, and Mrs Nye’s brother, gave evidence as to marks and dents on the beesmoker.
This was the case for the Crown.
Mr James asked his Honour to take the case away from the jury. This was a charge of breaking, entering, and stealing. There was no proof of breaking and entering, and there was an alternative. The jury might find one of stealing in a dwelling-house, but under section 148 the Crown had to prove in that event the value to be of £5 or over, which had not been done.
After discussion Mr James withdrew the point raised.
William Barr, carpenter and joiner, of Sydney, deposed that he was at accrued’s place on the first wedne3sday after Coronation Day; he was at Richard’s about 8.30 am, and saw accused; accused was in witness’s company from 8.30 am till 5.30 pm.
Joseph Richards, the accused, deposed that he got the beesmoker from his grandfather some years ago; he only used it once; he had taken two swarms of bees in the bush; the paint and lampblack were purchased at Mittagong; they had used them for marking cattle; witness had not been on good terms with Nye since he lived on the station; witness denied the statements made by the constables regarding his alleged offer of bribery; the conversation never took place.
To Mr Mason: My grandfather I believe is in Sydney at present; I am on middling good terms with him; I do not know his writing; I don’t write; if I had thought it necessary to bring my grandfather here I would have had him here.
His Honour: Are you on good terms with McIntosh?
Witness: We have had some words.
His Honour: What a bout?
Witness: I decline to answer.
His Honour: I must ask you to answer
Witness: It was only over blacksmithing
His Honour: What about?
Witness: Whether blacksmithing was a paying game or not.
Continuing, witness said he thought it was the law for a man to have a search warrant before he could search a house.
Mr James produced a Government “Gazette” showing that Thursday, 22nd June, was Coronation Day,, so that the following Wednesday would be the 28th.
Herbert Richards, young man of 22, and brother of the accused, found much merriment in the fact that he could neither read nor write. There was no use being down-hearted over it, he cheerfully remarked to his Honour. He gave evidence in corroboration of his brother’s. he got a receipt for the paint and lampblack.
Mrs Richards deposed she remembered seeing the beesmoker before; it had been tampered with.
Mr James: How?
Witness: It has had a B put on it.
Mr James: Oh! That’s the exhibit mark.
His Honour: That’s to show it’s a beesmoker.
Witness continued: Her father gave accused the beesmoker (produced) eighteen months ago.
His Honour: You can read and write?
Witness: Yes.
His Honour: How is it your sons don’t read and write.
Witness: Oh, I don’t know; they take after their father’s family.
His Honour: Have they been to school?
Witness: Yes.
His Honour: Don’t you think it’s a very gloomy look-out for young men starting out in life.
Witness: I don’t know. I’ve seen men rise to the top of the tree who could not read or write.
His Honour: What tree?
Witness: Well, well-off; my father’s the best off man in the district.
Witness continued, and gave evidence regarding the visit of Barr.
To Mr James: Where is your father at present?
Witness: I believe he is in Sydney on his honeymoon. (Loud laughter.)
His Honour: You might give him the beesmoker for a wedding present. (Renewed laughter.)
This concluded the evidence.
Mr James and the Crown-Prosecutor addressed the jury.
(Continued on page 2.)
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QUARTER SESSIONS.
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Monday Afternoon.
Before his Honour Judge Rogers.
ALLEGED BREAKING AND ENTERING.
The case against Joseph Richards was continued. Evidence in this case will be found on page 4.
His Honour summed up strongly against the accused.
The jury retired at 4.30 pm, and returned at 6.10 pm with a verdict of not guilty.
His Honour: I don’t like to say much about it. I should certainly have brought in a different verdict.
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REMANDED.
Joseph Richards pleaded not guilty to a charge of committing an unnatural offence, [bestiality].
Mr Mason said he did not intend to proceed in this Court, and he was prepared to accept bail on accused’s own recognisance.
Accused was bound over to appear at whatever Court the Attorney-General might appoint, bail being allowed, self in £80.
1 The Scrutineer and Berrima District Press, Sat 16 Dec 1911, p. 2. Emphasis added.
2 Robertson Advocate, (NSW), Tue 19 Dec 1911, p. 2. Emphasis added.
3 The Wollondilly Press, (NSW), Wed 20 Dec 1911, p. 4.
4 Goulburn Evening Penny Post, Sat 27 Jan 1912, p. 4. Emphasis added.
5 Goulburn Evening Penny Post, Tue 30 Jan 1912, pp. 2, 4. Emphasis added.