Below also see: Joseph Henry Penn, 1917

 

The Grafton Argus, Wed 2 Apr 1913 ¹

GRAFTON QUARTER SESSIONS.
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Tuesday, 1st April, 1913.
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    The Grafton Quarter Sessions were opened at the Court House yesterday morning, His Honor Judge Edmunds presiding. The members of the Bar present were Messrs RJ Browning (Crown Prosecutor) and JC Gannon, KC. Solicitors in attendance were Messrs F McGuren, AJ Pollack, DJ Lobban, RC Law, RD Bawden, and T McL Lobban (Maclean).

    A number of absentees, who had been summoned as jurors, were, for various reason, excused by His Honor for non-attendance.

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Clarence and Richmond Examiner, Thu 3 Apr 1913 ²

QUARTER SESSIONS.
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THIS Court was opened at Grafton on Tuesday before his Honor Judge Edmunds. Mr RJ Browning attended as Crown Prosecutor.

    Several jurors were excused on the ground of illness or other reasons, as testified to by evidence, or explained by affidavit.
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SECOND DAY—WEDNESDAY.
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ALLEGED INDECENT ASSAULT.

Joseph Henry Penn was charged with having indecently assaulted Charles Puddicombe at Grafton on 31st January last. Accused pleaded not guilty, and was defended by Messrs McGuren and Pollack.

    Jury: C Everingham, W McLeod, D McKay, Jas H Wood, WH Barnier, CG Walsham, HJ Dix, Geo Tombs, HC Reimer, Robt Irving, Ed Avery and Wm Yardy.

    On the suggestion of his Honor, the crowd of listeners left the Court during the hearing of the evidence in this case, the details of which were of a prurient nature.

    Several witnesses were called, the Crown Prosecutor stated that he could not carry the evidence for the Crown further.

    Mr McGuren submitted that accused could not be convicted on the uncorroborated unsworn statement of a child of tender years.

    His Honor upheld this contention, and by his direction accused was acquitted.

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The Grafton Argus, Fri 4 Apr 1913 ³

Wednesday, April 2.
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Before His Honor, Judge Edmunds.
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ALLEGED UNNATURAL OFFENCE.

    Joseph Henry Penn, seventeen, was charged with committing an unnatural offence against a lad of under seven years on January 31 last at Grafton, and with a second offence of committing an act of indecent assault upon the same lad on the same date, at Grafton.

    Accused pleaded not guilty, and was defended by Mr McGuren (with him Mr AJ Pollack), who had been assigned by the Crown.

    The following jurymen were empannelled [sic]:—Cyrus Everingham, William McLeod, David McKay, James Henry Wood, William Henry Barnier, Chas George Walsham, Henry Joseph Dix, George J Tombs, Henry C Reimer, Robert Irving, Edward Avery (foreman), William Yardy.

    Accused did not challenge any of the jurors.

    At the request of the Crown Prosecutor, His Honor again asked all decent-minded people to leave the Court unless they had business there. The crowded Court immediately cleared. His Honor said that he was glad to see the unanimity with which these requests were acceded to.

    The Crown Prosecutor said, as he had in previous cases, uncorroborated evidence of children must not be taken to convict. Now, they would have the evidence of a bright little boy of seven of a most convincing nature, backed up by that of his brother, another bright little chap who, in his childish [some text missing in newpaper] would corroborate in an almost unmistakable manner. But there was further corroboration. Accused admitted he was there on the morning in question but said there was nobody else there. A witness would swear that he was there and saw Penn swimming his horse about. The day was a Friday, when accused always had the morning off. There was further corroboration in that another witness, who went for the children, found the boys at the beach. From the bank (really the street). Accused could be seen by passers-by, but anyone paddling on the beach as the children were could not be seen therefrom. Then the both lads positively identified accused amongst four others, and the bathing suit which accused wore also from five or six others laid on the beach.

    Const Dowd gave evidence of identification of accused’s arrest and his statement.

    The eldest lad was put in the box and questioned by the Judge as to whether he knew what telling the truth meant. His Honor expressed himself satisfied that the boy understood the nature of truth and allowed him to tell his story.

    This the child did in a very clear and decisive fashion; his identification of accused was equally emphatic.

    Mr McGuren’s lengthy cross-examination failed to shake his testimony as to the offence, though, of course, it was not hard for so skilful a lawyer to confuse so young a child on minor issues to put words into his mouth and make him say things he did not mean. The contest was absurdly unequal.

    Dr Henry’s Police Court depositions were read by Mr Browning to the jury, the doctor being absent in Casino.

    The child’s mother gave formal evidence of the children going down to the river, their return and the elder lad’s complaint to her.

    No cross-examination.

    The lad’s young brother, aged five, who gave the clearest testimony at the preliminary hearing in the Children’s Court, was so startled by His Honor’s somewhat abrupt question, “What are you here for?”—but, with the idea of satisfying himself that the child understood what was required of him – that the little fellow broke down and cried, and his evidence was not taken.

    Charles W Davis deposed to seeing accused, in a bathing costume, riding a horse in the river, just about 12.15 pm—after the noon mill whistle had gone. He identified the bathing costume.

    There was no cross-examination.

    John Carson, of Prince-street, who lived in Alice-street, deposed to bringing home the children between twelve and one o’clock, from the river.

    No cross-examination.

    This was the Crown case.

    Mr McGuren held that the corroboration was supplied by accused’s own evidence that he was there at the time, and to the evidence of Davis and Carson.

    His Honor advised the jury that the corroboration of the children’s evidence must implicate the accused, and it did not do so in this case. He directed the jury to return a formal version of not guilty.

    Accused was discharged.

 

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Joseph Henry Penn, 1917

Daily Examiner, Wed 15 Aug 1917 ⁴

PERSONAL.
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    Mrs C Penn, 39 Queen-street, Grafton, received the news by wire yesterday that her son, Private Joseph Henry Penn, was killed in action [in France] on November 14, 1916. Private Penn ⁵ was previously reported missing, and the news now received is the result of inquiries recently [25 Jul 1917] instituted as to the fate of the Grafton soldier.

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Daily Examiner, Tue 5 Dec 1939 ⁶

OBITUARY
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Mrs Catherine Penn.
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    The death occurred, as briefly stated in yesterday’s issue, in the Grafton District Hospital, at 2 am on Sunday, of Mrs Catherine Penn, of Grafton, aged 76 years.

    The deceased, who was a daughter of the late John and Annie McPhee, of Harwood Island, was married to Charles Penn, on January 21, 1884, at the Presbyterian Church, Grafton, by the Rev Isaac McKay, and had resided in Grafton for the past 55 years.

    Six daughters, Mrs S White (Sydney), Mrs G Franklin (Grafton), Mrs CM Dimond (New Zealand), Mrs K Jackson (Lawson), Mrs T Richardson (Queensland, and Mrs A Falconer (Tucabia), and two sons, Charles James (Grafton) and John William (Sydney) survive.

    One daughter, Alice, and two sons, Joseph Henry (killed in action, 1916), and George Arthur, predeceased her.

    Mrs F Carr, of Harwood, and Mrs A McGowan, of Mullumbimby, are sisters, and Duncan, Jack and Charles McPhee, of Sydney, are brothers.

    There are also 20 grandchildren and seven great-grandchildren.

    The funeral left St Andrew’s Presbyterian Church, Grafton, at 10.30 am yesterday, for the Presbyterian cemetery.

    The committee of the Free Presbyterian Church, Grafton, was to meet at the hour of the burial and out of respect for Mrs Penn’s memory the meeting was adjourned and all the members attended the funeral to pay their tribute to a most worthy woman. The meeting was resumed afterwards.

 

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¹     The Grafton Argus, Wed 2 Apr 1913, p. 2.

²     Clarence and Richmond Examiner, Thu 3 Apr 1913, p. 2.

³     The Grafton Argus, Fri 4 Apr 1913, p. 6. Emphasis added.