The Armidale Express and New England General Advertiser, Fri 16 Apr 1915 1
ARMIDALE CIRCUIT COURT.
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THE annual sitting of the Supreme Court at Armidale commenced in the local Court House on Tuesday morning, his Honor Mr Justice Pring presiding. Mr AR Blacket attended his Honor as Associate. Mr G Atkin, PM, also occupied a seat on the Bench as the Sheriff’s representative. The other officials of the court were: Mr Cohen, Mr Lane (Sheriff’s Officer), Mr W Glover (Assistant), and Warder Lead (representing the gaol authorities). The barristers in attendance were Messrs Morarity (Crown Prosecutor) and Chubb, and the solicitors—Messrs Farrell (Barraba), Biddulph, Murray, E Simpson, H Weaver, Mackenzie, and Harris (Newcastle). Mr WR Stewart represented the Crown Law Department.
The jury panel was called, the only absentees being JT Baker, JB Fitzgerald, and HW Lane.
The first named was fined 40s. For his absence, the other two absentees furnishing satisfactory explanations.
…
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Thursday, 15th April.
ALLEGED BESTIALITY.
George Belmore Arndell was charged with on the 24th of March, at Hillgrove, he did commit the crime of bestiality, [with a cow ].
Accused for whom Mr Chubb, instructed by Messrs Mackenzie and Biddulph, appeared, pleaded not guilty. The jury was empanelled as follows: CV Mather, EP Furniss, WM Campbell, GC Roberts, GHJ Booth, Robt Evans, HW Curtis, RT Vyner, VPJ Fittler, J Williams, James Hutton, WJ Borland.
Accused exhausted his right to challenge, eight jurors being rejected by him, while the Crown stood aside two.
The Crown Prosecutor, in stating the case to the jury, said that the hearing would not last long. The jury if they could not return a verdict against the accused of being guilty of the act itself, could at least say there was an attempt.
Wm Morgan, storekeeper, Hillgrove, was also a magistrate of the State and Coroner for Hillgrove. He had known accused since he was a boy. About 3 pm on the afternoon of the 24th he was walking in an enclosure known as Smith’s paddock, when an unusual noise in a shed attracted his attention. He walked up, and on looking in saw the offence being committed. Witness said, “This is awful,” to which the accused, who was crying, said, “Let me off, Mr Morgan, and I’ll leave the town as soon as I get some money.” Later accused again made the same request, and witness replied, “I must see Sergeant Dobbie. This is too serious.”
To Mr Chubb: He did not see accused and a man named Joe Thompson near the shed.
Joseph White, miner, Hillgrove, TC Smith, dealer, Hillgrove, and Sergeant Dobbie, of Hillgrove, also gave evidence. The last-mentioned witness said he found the accused at a billiard room about 9.30 on the evening of the 24th, and calling him out told him he had a warrant for his arrest. He took Arndell to the police station. Accused admitted having had a conversation with Mr Morgan earlier in the day. Accused made the statement produced.
Constable [Michael Bede] Slusher, of Hillgrove, said he took the various photographs produced of the shed.
The Crown case was closed.
In defence, the accused [George Belmore Arndell], who described himself as an electric motordriver at Hillgrove, said he was gathering antimony on the 24th, his claim being about 250 yards from the shed. Antimony was being carted pretty well all day past the shed. Accused said he went to the shed to see if some carrier wheels were there and to get some nails. He denied the charge against him.
To the Crown Prosecutor: Various things he had stated that day were not in the statement made to Sergt Dobbie. He didn’t trust him (the Sergt).
Joseph Thompson, miner, Hillgrove, said he was talking to the accused on the afternoon of the 24th and as a result he (the accused) went to the shed to get some carrier wheels. He saw Mr Morgan approaching, and observed the fact to the accused.
Edward MW Biffin, miner, said he was working all that afternoon about 50 yards from the shed. He heard no noise. The shed was dark inside.
The case for the defence closed.
Mr Chubb addressed the jury briefly. The Crown Prosecutor did not deliver an address.
His Honor summed up, and the jury retired at 12.30.
The jury returned at 2.40, the foreman (Juror Vyner) announcing a verdict of “attempt.”
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The Armidale Chronicle, Sat 17 Apr 1915 2
SUPREME COURT.
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ARMIDALE SITTINGS
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The sittings of the Supreme Court at Armidale, which commenced on Tuesday, were continued on Wednesday, before his Honor Mr Justice Pring.
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(Continued from page 2).
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The sittings of the Court were resumed on Thursday.
ALLEGED BESTIALITY.
George Belmore Arndell was charged with the committal of an unnatural offence at Hillgrove on March 24. He pleaded not guilty, and was defended by Mr Chubb (instructed by Messrs Mackenzie and Biddulph).
The following jury was empanelled:—CV Mather, EP Furniss, WM Campbell, GC Roberts, R Evans, GHJ Booth, HW Curtis, RT Vyner, VPJ Fittler, J Williams, J Hutton, and WJ Borland.
The empanelling of the jury took some time, as the accused challenged eight jurymen (exhausting his right of challenge), and the Crown stood aside two jurymen.
The Crown Prosecutor briefly outlined the evidence he proposed to call, and put before them the facts which it would be necessary to find before they could convict the accused.
William Morgan, a storekeeper at Hillgrove, also a Magistrate and Coroner for the district of Hillgrove, gave evidence as to what he saw about three o’clock on the afternoon of March 24th. Subsequently the accused asked witness to let him off, and he would clear out of the town as soon as he got some money. Witness said that it was too serious a case—he would have to see Sergeant Dobbie.
Mr Chubb, cross-examined at some length as to witness’ movements on the afternoon in question.
Joseph White, miner, living at Hillgrove, had known the accused a good many years. He remembered March 24, and remembered seeing Mr Morgan on that afternoon.
Thomas Charles Smith, a dealer, residing at Hillgrove, gave further evidence, and was cross-examined by Mr Chubb.
Sergeant Dobbie, of Hillgrove, deposed to having interviewed the accused in the billiard-room of the Commercial Hotel. Accused was playing a game of billiards. Witness called him out in the street, and told him that he had a warrant for his arrest, and would read it to him at the station. Witness gave details of a conversation he had with accused.
Constable Sluscher, [sic] of Hillgrove, corroborated the evidence of Sergeant Dobbie.
This closed the Crown case.
The accused, George Belmore Arndell, motor-driver, of Hillgrove, gave evidence. On March 24 he was engaged in gathering antimony. His claim was at Smith’s paddock, Hillgrove. He detailed his movements on the day in question, and denied having committed the offence with which he was charged.
Accused was subjected to a searching cross-examination by the Crown Prosecutor.
Joseph Thompson, a miner, working at Hillgrove, deposed to having seen accused on March 24. He gave other evidence on behalf of the defence.
Edward Biffin, miner, residing at Hillgrove, gave further evidence for the defence.
This closed the case for the defence. The Crown called no case in reply.
Mr Chubb addressed the jury on behalf of the accused, and the Crown Prosecutor did not reply.
His Honor summed up, and the jury retired to consider their verdict at 12.20.
The jury returned at 2.40 pm with a verdict of not guilty of the actual offence, but guilty of the attempt. The accused was remanded for sentence.
…
THE HILLGROVE CASE.
George Belmore Arndell had been convicted of attempting to commit an unnatural offence. Mr Biddulph, for the prisoner, handed to his Honor a number of certificates of character from leading people of Hillgrove, who had known Arndell for many years.
Sergeant Dobbie, called by the Judge, said that he had known Arndell for about nine years. His character had not been of the best so far as the police were concerned. He knocked about with those who did not bear the best character.
His Honor said that he had found very great difficulty in considering the sentence in the case. The offence was one which was so horrible that it shocked one’s mind to think of it. It was necessary for the good of the community that those who indulged in such practices should be punished, and punished severely. There was a great amount of disgusting conduct among young men. The prisoner’s case was worse than an ordinary case, because he attempted to commit an unnatural offence at which any decent-minded person would revolt. The certificates of character would get all the consideration they deserved, but he could not overlook what Sergeant Dobbie had said, and it was probably mixing with undesirable companions and such conduct as Sergeant Dobbie described that had brought him to this pass. His Honor then passed a sentence of six months’ imprisonment in Grafton Gaol, and expressed the hope that prisoner’s stay in gaol would deter him from the committal of such practices as he had been indulging in.
This concluded the business of the Court which was then adjourned sine die.
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The Armidale Express and New England General Advertiser, Tue 20 Apr 1915 3
ARMIDALE CIRCUIT COURT.
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Friday, April 16th.—
( Before his Honor Mr Justice Pring.)
SENTENCES.
Prisoners were called up for sentence.
…
Re GB Arndell (attempted bestiality). Mr Biddulph handed up to his Honor a number of certificates of character from leading residents of Hillgrove, who had known Arndell since his boyhood.
Nothing was known by the police against the prisoner.
Sergeant Dobbie, in reply to his Honor, said the prisoner had not the best of characters. He had frequented the company of those who did not bear the best of reputations. He didn’t drink, but gambled.
His Honor: Would you say he was a bad character?
The Sergeant: I’d say he associates with bad characters.
Turning to the prisoner his Honor said: “I have found very great difficulty indeed in coming to a decision in your case. The offence is so horrible and disgusting as to shock the mind. Even to think of such a thing is most repulsive. It is necessary for the good of the community that those who indulge in such filthy practices should be punished and punished severely too. I know there is a considerable amount of disgusting conduct among a very great number of young men and it shows itself in different ways. The horrible obscene language one overhears in the streets is one phase, and in this case it is, of course, in a very much worse form. They are all too common—offences at which any decent minded person would revolt at once. I have read a number of certificates of character, and have given them all the weight they deserve. Still, I can’t overlook what Sergt Dobbie says about you. The police know more about people than anyone else, and evidently you have been in the habit of associating with undesirable characters, which has brought you to this pass. When you come out, steer clear of your former associates and bad habits, which have generally tended to destroy your manhood. The sentence of the court is that you be imprisoned in Grafton gaol for a period of six months. This is a light sentence, and I hope your stay in gaol will be the means of reforming you and causing you to reform in future from indulging in filthy practices.
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Clarence and Richmond Examiner, Thu 22 Apr 1915 4
FIRST OFFENDERS.
IN refusing an application for the extension of the first offenders’ provisions of the Crimes Act in a cattle stealing case at Armidale Circuit Court, Mr Justice Pring said there had been great laxity in applying these merciful provisions. It was only intended for minor cases where a prisoner had acted on the impulse of the moment or by stress of necessity. His Honor added he had seen in the press cases of very serious offenders where penalties of three or four years’ penal servitude had been imposed, and then suspended under these provisions. This was reducing the provisions of the Act to mere mockery.
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George Belmore Arundel, Gaol photo sheet 5
![SRNSW: NRS2258, [3/5994], Grafton Gaol photographic description book, Jun 1910-Nov 1922, No. 250, p. 60, R5125.](../../images/trials/1915-Arndell-5994-gaol-photo-250.jpg "SRNSW: NRS2258, [3/5994], Grafton Gaol photographic description book, Jun 1910-Nov 1922, No. 250, p. 60, R5125.") |
Gaol Photo Sheet - Transcribed Details
No. 250
Grafton
Date when Portrait was taken: 4-5-1915
Name: George Belmore Arndell
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Native place: NS Wales Year of birth: 1889 Arrived Ship: – Trade or occupation Religion: Wesleyan Education, degree of: R & W Height: 5' 8" Weight On committal: 143 Colour of hair: Dark Colour of eyes: Brown |
Marks or special features: First joint right little finger missing |
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(No. of previous Portrait ... ) CONVICTIONS |
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Where and When |
Offence. |
Sentence |
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Armidale CC |
15 |
4 |
1915 |
Attempt to commit bestiality |
6 months HL |
1 The Armidale Express and New England General Advertiser, Fri 16 Apr 1915, pp. 3, 4. Emphasis added.
2 The Armidale Chronicle, Sat 17 Apr 1915, pp. 2, 7. Emphasis added.
3 The Armidale Express and New England General Advertiser, Tue 20 Apr 1915, p. 2.
4 Clarence and Richmond Examiner, Thu 22 Apr 1915, p. 3.
5 SRNSW: NRS2258, [3/5994], Grafton Gaol photographic description book, Jun 1910-Nov 1922, No. 250, p. 60, R5125.