Depositions for Thomas John O’Connor 3 Oct 1916 Cootamundra trial 1
(a) Town. |
Letter from Bench of Magistrates at (a) Cootamundra |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Rex v. (b) Thomas John O’Connor |
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(c) Offence. |
(c) Attempting to commit buggery |
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(d) Town. |
Petty Sessions Office, (d) Cootamundra |
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8th August 1916 |
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Sir, |
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(e) Name of accused |
case of (e) Thomas John O’Connor |
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(f) “His” or “her” |
who has been committed to take (f) his |
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(g) “Circuit Court,” or |
trial at the (g) Circuit Court |
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to be held at (h) Cootamundra |
on T |
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(h) Town where Court |
the 3rd day of October 1916 |
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The accused is (i) Confined in the gaol at Cootamundra (Bail refused) |
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(i) “Is confined in the |
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(k) As in Recognizance, both for Crown and defence, specifying also what witnesses gave evidence but were not bound over, with reason for omission. |
The Witnesses bound over are (k) Egbert Harrall Florence, medical practitioner; Ernest Rodney Bull of Cootamundra residing with parents; Frederick William Sparre of Hovell St Cootamundra, Master Butcher; Terence Francis Cusack of Cootamundra Police Constable. Then there was Elliott Nicholas Batros – whose evidence was immaterial and at request of Police Magistrate not bound over.
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(l) Short description to enable identification. |
The Exhibits enclosed are (l) Nil. The exhibits A and B – clothing are in the custody of the arresting constable. |
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I have the honor to be, |
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[Signed] Richd G[eorge] Green |
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Clerk of Petty Sessions |
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The Under Secretary, |
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N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates |
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4g 201-90 |
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October 3rd 1916.
TJ O’Connor
This is to certify I was in the Military Camp at Cootamundra for a period of six weeks. During such time I done all that was required to be done in a satisfactory manner I had occasion to visit the town to break the monotony of camp life for a few hours and been not having any drink for some time I had the misfortune to take more than was good for me in not knowing what I was doing I am ignorant of the crime that is against me but I plead guilty under these circumstances I got no witnesses in the case Mr MacMahon the solicitor is pleading my defence I have been in prison two months awaiting trial.
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Office of the Clerk of the Peace,
Sydney, 15th August 1916.
Memo.
The Officer in Charge of Police, Cootamundra
2 Be good enough to inform Elliott Nicholas Batros that he will not be required to attend the next Court of Quarter Sessions sittings of the Supreme Court to be held at Cootamundra as witness in the case named in the margin.
[Signed] WR Beaver, Clerk of the Peace.
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Police Station, Cootamundra
16th August 16
The Clerk of the Peace, Sydney
I beg to report having informed Ernest [sic] Nicholas Batros of Cootamundra that he will not be required to attend the Supreme Court at Cootamundra, on the 3rd of October 1916.
[Signed] Geo Stutchbury, 1st Class Sergeant.
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NEW SOUTH WALES POLICE.
Southern District,
Cootamundra Station,
9th August 1916.
Report relative to antecedents of:–
Name: Thomas John O’Connor
Offence: Assault with intent to commit the abominable crime of buggery.
Committed for Trial at: Supreme Court Cootamundra.
Date: 3rd October 1916.
I beg to report that offender is a member of the A.I.I. Forces Cootamundra Camp and practically a stranger in this district, having enlisted here about a month ago. He is 40 years of age, a single man, and a native of Ireland, and has no relatives in this country. His fingerprints have been taken which show that offender is identical with Thomas O’Connor convicted as follows:–
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Place |
Date |
Offence |
Fine |
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Cowra PC |
16 Jun 1904 |
Riotous behaviour |
20/- or 7 days. |
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ditto |
16 Jun 1904 |
Indecent language |
£3 or 1 month |
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ditto |
3rd Mar 1905 |
Drunk |
Admonished |
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ditto |
13 Jun 1905 |
Drunk and disorderly |
10/- or 48 hours |
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ditto |
14 Jun 1905 |
Drunk |
10/- or 3 days |
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ditto |
3 Aug 1905 |
Indecent language |
£5 or 2 months. |
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ditto |
3 Aug 1905 |
Indecent exposure |
£5 or 2 months. |
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Forbes PC |
1 Jan 1908 |
Drunk and disorderly |
5/- or rising Court. |
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ditto |
1 Jan 1908 |
Indecent language |
20/- or 7 days |
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ditto |
17 Aug 1908 |
Resist Police |
40/- or 1 month |
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ditto |
17 Aug 1908 |
Drunk |
10/- or 3 days |
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ditto |
17 Aug 1908 |
Indecent language |
£5 or 2 months |
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Orange PC |
3 Dec 1909 |
Assault Police |
£2 or 1 month |
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ditto |
ditto |
Indecent language |
£2 or 1 month |
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Narrandera PC |
19 May 1914 |
Drunk |
5/- or rising Court |
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ditto |
22 May 1914 |
Drunk |
5/- or 24 hours |
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ditto |
22 May 1914 |
Obscene language |
15/- or 7 days |
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ditto |
25 May 1916 |
Larceny |
£2 or 1 month. |
[Signed] Geo Stutchbury, 1st Class Sergeant.
1
Depositions of Witnesses.
New South Wales, Cootamundra
TO WIT. }
The examination of Egbert Harrall Florence of Cootamundra in the State of New South Wales, Medical Practitioner; Ernest Rodney Bull of Parker Street Cootamundra residing with parents; Frederick William Sparre of Hovell Street Cootamundra; Elliott Nicholas Batros of Parker Street Cootamundra, school boy and Terence Francis Cusack of Cootamundra, Constable of Police, taken on oath this 7th day of August in the year of Our Lord one thousand nine hundred and sixteen at the Cootamundra Police Office, in the said State, before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of Thomas John O’Connor who is charged this day before me for that he the said Thomas John O’Connor on the 15th day of August in the year of Our Lord one thousand nine hundred and sixteen at Cootamundra in the said State, did attempt to commit the abominable crime of buggery upon one Ernest Bull 9 years of age.
2
Accused is undefended.
This Deponent Egbert Harrall Florence on his oath, saith as follows:– I am a legally qualified Medical Practitioner and Government Medical Officer at Cootamundra. At the request of the Police about 8 pm on Saturday last I examined a boy named Ernest Bull. His father was not present. I stripped the boy and examined him at my surgery. I found some blood about the anus. The parts were inflamed and very sore and to a certain extent distended. The boy before the Court is the boy. There was a slight laceration at the orifice of the anus at the lower part near the entrance. I again examined the boy yesterday
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I found a small fissure in the anus which later on will cause trouble and may cause intense pain at some future time. I dressed the boy’s wounds.
No questions by accused.
[Signed] EG Florence.
Taken and sworn at Cootamundra, this 7th day of August 1916 before.
[Signed] A[rthur] Osmonde Butler, PM.
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This Deponent Ernest Rodney Bull on his oath, saith as follows:– I am 9 years of age and reside at Parker Street Cootamundra with my parents. About 6 o’clock on Saturday night last I was sent on a message. I was going up towards the Presbyterian Church, Elliott Batros was with me also Sylvia O’Neill. I was going along Adams Street when a soldier rushed up and caught me by the hand. The soldier was in khaki uniform. He said “Do you want a shilling?” I said “All right.” He then said “Do you want a friend?” I said “Yes.” He took hold of my two hands and took me away. The man standing up in the dock is the one. He took me
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just over the road against the Presbyterian Church. He never said anything then. He threw me down on the ground on the footpath. I fell on my back first. When I was lying on my back he caught hold of my two hands and rolled me onto my stomach. My clothes were done up. He took the back of my trousers down. He unfastened my braces back and front and took my trousers down. The clothes produced 3 (marked A) are mine I was wearing them on Saturday night. The mud stains were caused by him throwing me down. He was lying on top of me I was crying out as he was hurting me with his finger nail. He was putting his finger
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up my bottom. He worked it about and it hurt me. I sang out to a soldier on the opposite side to come and help me. He did not come but went on. Shortly after Mr Sparre came to me and pulled accused off me. I heard Mr Sparre say “Get off there,” he pulled him off and I think he hurt him I don’t know if accused had his trousers down. I stopped there all the time until the Constable came. I never saw accused before Saturday last. My bottom was a bit sore yesterday morning.
[Signed] Ernie R Bull.
Taken and sworn at Cootamundra, this 7th day of August 1916 before.
[Signed] A Osmonde Butler, PM.
7
This Deponent Frederick William Sparre on his oath, saith as follows:– I am a master butcher and reside at Hovell Street Cootamundra. I was in Adam Street on Saturday night last about 7 minutes past 7. I heard the cries which I took to be a boy’s calling out “Pull me off or lift me off.” I went in the direction in which I heard the cries. When I got closer I thought the words I heard were “Pull me him off!” The sounds came from the direction of the Presbyterian Church. I went over to where the sounds were coming from. When I got there I saw a heaped mass on the footpath. It was under the shadow of the tree and from
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when I first saw it. I could not discern what it was. When I got up closer I could see it was a soldier. Underneath him was a boy. The man in the dock is the soldier and the boy Ernest Bull in court is the boy. I pulled the solider off the boy and took particular notice how the boy was dressed. He had his trousers down to about his knees. When I rolled the soldier over he had his person in his right hand. The fly of his trousers was unfastened. His person was erect. When I stood him on his feet he made a clout at me. When I pulled him off the boy I said “You flaming rotten mongrel what are you
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doing here? What game is this you are up to?” He made some reply which I did not hear. I said “A man ought to break your flaming neck for a thing like this.” With that he closed with me and after a bit of a tussle I suppressed him and threw him into the gutter after that he got up out of the gutter and had another go at me. I gave him a crack in the jaw and stood him up against the fence. All the time this was going on the boy was still crying. Two other other [sic] soldiers and two or three civilians came along. The two soldiers said to me “Don’t be hitting this man.” I said “You leave him to me. I’ll fix him up as I wish.”
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I said “Go for the Civil or Military Police.” Constable Cusack then came up and asked me something and I told him. I accompanied Constable Cusack, I took the boy to the lock up. Three minutes, about, elapsed from the time I first heard the cries until I reached the spot. The boy’s clothes were muddy and his trousers were down and I could see the boy’s bottom. Accused was not drunk but he was not sober. He knew what he was doing. He never staggered at all. The clothes produced are those the boy was wearing.
No questions by accused.
[Signed] FW Sparre.
Taken and sworn at Cootamundra, this 7th day of August 1916 before.
[Signed] A Osmonde Butler, PM.
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Photo: Peter de Waal
This Deponent Elliott Nicholas Batros on his oath, saith as follows:—I am a school boy eleven years of age and reside at Parker Street Cootamundra I remember Saturday night last I went with Ernest Bull about a quarter to seven o’clock to (Maymies ?) in Hovell Street when in Adam Street two soldiers came up to me where I was and I ran home. I was frightened. I went to Ernie Bull’s place and I told his mother something. I did not see the soldier catch hold of Ernie Bull and I did not hear Ernie Bull say anything.
[Signed] Elliott Batros.
Taken and sworn at Cootamundra, this 7th day of August 1916 before.
[Signed] A Osmonde Butler, PM.
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This Deponent Terence Francis Cusack on his oath, saith as follows:—I am a Constable of Police stationed at Cootamundra. I was on duty on Saturday night last and in consequence of something I heard I went to Adam Street. I saw the boy Ernest Bull there, he was crying and his trousers were half hanging off, also saw Mr Fred Sparre there and a few yards further on saw accused. I went up to the accused, I said “What’s the game?” He said “I never touched the boy.” His overcoat was all over mud. The overcoat produced 4 marked “B” is the one he was wearing and was then in its present condition. The fly of his trousers was undone, I could see no part of his person. When I saw the
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trousers down I could see his bottom. I then conveyed the accused to the lock up. He said nothing on the way to the lock up, I had no conversation with the boy. I had a conversation with Mr Sparre. Accused was within hearing being only about ten paces away. Sparre said “This man – meaning the accused – tried to put a length up the youngster. I said to Sparre “Bring the youngster down,” and I brought the accused. I cautioned accused and I charged accused yesterday as he now stands charged. In reply he said “I had a couple of drinks and when I get a couple of drinks I become deranged in the head.” When I arrested accused I could notice he had some drinks. He could walk and did not stagger.
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He was not drunk enough to be arrested. He appeared to know what he was doing and saying. When accused got to the charge room at the lock up the fly of his trousers was still unfastened.
No questions by accused.
[Signed] TF Cusack.
Taken and sworn at Cootamundra, this 7th day of August 1916 before.
[Signed] A Osmonde Butler, PM.
15
(F. 2 – “Justices Act, 1902.”)
Statement of the Accused.
State of New South Wales, Cootamundra
TO WIT. }
Thomas John O’Connor (hereinafter called the defendant) stands charged before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, this 7th day of August in the year of Our Lord one thousand nine hundred and sixteen for that he, the said defendant, on the 5th day of August 1916, at Cootamundra in the said State, did assault Ernest Rodney Bull aged nine years with intent wickedly and against the order of nature to commit the abominable crime of buggery with the said Ernest Rodney Bull and the said charge being read to the said defendant, and the witnesses for the prosecution, Egbert Harrall Florence, Ernest Rodney Bull, Frederick William Sparre, Elliott Nicholas Batros, Terence Francis Cusack being severally examined in his presence, and (he having stated that he does not desire the depositions of the said witnesses to be read to him) the said defendant is now addressed by me, the said Justice as follows:– “Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing, and may be given against you in evidence at your trial; and you are also informed, and are to clearly understand, that you have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to you to induce you to make any admission or confession of your guilt, but whatever you now say may be given in evidence against you upon your trial notwithstanding such promise or threat.” Whereupon the said defendant saith as follows:– “I am innocent of the charge. I never interfered with the boy. These boys follow men about sometimes and get us men into trouble. I have no recollection of seeing the boy or this man here.” (Meaning Mr Sparre) [Signed] TJ O’Connor.
Taken before me and read over to the said defendant at Cootamundra in the said State, the day and year first above mentioned.
[Signed] A Osmonde Butler, PM.
16
G. 190.
New South Wales, Cootamundra
TO WIT. }
REX.
versus
Thomas John O’Connor
Offence,— Attempting to commit buggery
The accused stands committed to take his trial at the next Court of Circuit Court to be holden at Cootamundra, in the State of New South Wales, on the 3rd day of October 1916, or at such other Court to be holden at such place and time as the Attorney-General may appoint. Bail allowed the accused in £ and two sureties in £ each, or one in £ Bail refused.
[Signed] A Osmonde Butler, PM
JP.
Dated at the Police
Office, Cootamundra
in the said State,
this 7th
day of August
AD 1916.
4g 416 - 88
17
“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Cootamundra
TO WIT. }
Be it remembered, that on the 8th day of August in the year of Our Lord one thousand nine hundred and sixteen Egbert Harrall Florence of Cootamundra in the said State, Medical Practitioner personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged themselves to owe Our Sovereign Lord the King the sum of
FORTY POUNDS EACH,
of good and lawful money of Great Britain, to be made and levied of their goods and chattels, lands and tenements, respectively, to the use of our said Lord the King, his Heirs and Successors, if they the said before mentioned persons shall fail in the condition indorsed.
[Signed] EG Florence.
Taken and acknowledged, the day and year first above mentioned, at co in the said State, before me.
[Signed] Richd G Green, JP.
The condition of the within written Recognizance is such, that whereas one Thomas John O’Connor was on the 7th of August 1916 charged before A Osmonde Butler Esquire one of His Majesty’s Justices of the Peace for the said State, for that on the 5th August 1916 at Cootamundra he did assault Ernest Rodney Bull aged nine years with intent wickedly and against the order of nature to commit the abominable crime of buggery with the said Ernest Rodney Bull.
If, therefore, he the before mentioned person shall appear at the next Circuit Court to be holden at Cootamundra in and for the State of New South Wales, on Tuesday the third day of October 1916, at nine of the clock in the forenoon, and then and there give such evidence as they know, upon an information to be then and there preferred against the said Thomas John O’Connor for the offence aforesaid, to the jurors who shall pass upon the trial of the said Thomas John O’Connor.
Than the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] Richd G Green, JP.
18
“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Cootamundra
TO WIT. }
Be it remembered, that on the 7th day of August in the year of Our Lord one thousand nine hundred and sixteen Terence Francis Cusack a Constable of the Police Force, stationed at Cootamundra in the State of New South Wales, Frederick William Sparre of Cootamundra in the said State, master butcher in the said State, personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged themselves to owe Our Sovereign Lord the King the sum of
FORTY POUNDS EACH,
of good and lawful money of Great Britain, to be made and levied of their goods and chattels, lands and tenements, respectively, to the use of our said Lord the King, his Heirs and Successors, if they the said before mentioned persons shall fail in the condition indorsed.
[Signed] FW Sparre.
Taken and acknowledged, the day and year first above mentioned, at Cootamundra in the said State, before me.
[Signed] A Osmonde Butler.
The condition of the within written Recognizance is such, that whereas one Thomas John O’Connor was this day charged before A Osmonde Butler Esquire one of His Majesty’s Justices of the Peace for the said State, for that on the 5th day of August 1916 at Cootamundra in the said State, he did assault Ernest Rodney Bull – aged nine years – with intent wickedly and against the order of nature to commit the abominable crime of buggery with the said Ernest Rodney Bull.
If, therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Cootamundra in and for the State of New South Wales, Tuesday the 3rd day of October 1916, at nine of the clock in the forenoon, and then and there give such evidence as they know, upon an information to be then and there preferred against the said Thomas John O’Connor for the offence aforesaid to the jurors who shall pass upon the trial of the said Thomas John O’Connor.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] A Osmonde Butler, PM.
19
“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Cootamundra
TO WIT. }
Be it remembered, that on the 7th day of August in the year of Our Lord one thousand nine hundred and sixteen John Bull of Cootamundra in the said State, labourer personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged himself to owe Our Sovereign Lord the King the sum of
FORTY POUNDS EACH,
of good and lawful money of Great Britain, to be made and levied of their goods and chattels, lands and tenements, respectively, to the use of our said Lord the King, his Heirs and Successors, if Ernest Rodney Bull shall fail in the condition indorsed.
[Signed] John Bull.
Taken and acknowledged, the day and year first above mentioned, at Cootamundra in the said State, before me.
[Signed] A Osmonde Butler, PM.
The condition of the within written Recognizance is such, that whereas one Thomas John O’Connor was this day charged before A Osmonde Butler Esquire one of His Majesty’s Justices of the Peace for the said State, for that on the fifth day of August 1916 at Cootamundra in the said State, he did assault Ernest Rodney Bull – aged nine years – with intent wickedly and against the order of nature to commit the abominable crime of buggery with the said Ernest Rodney Bull.
If, therefore, Ernest Rodney Bull the before mentioned shall appear at the next Circuit Court to be holden at Cootamundra in and for the State of New South Wales, on Tuesday the 3rd day of October 1916, at nine of the clock in the forenoon and then and there give such evidence as they know, upon and information to be then and there preferred against the said Thomas John O’Connor for the offence aforesaid, to the jurors who shall pass upon the trial of the said Thomas John O’Connor.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] A Osmonde Butler, PM.
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[On the depositions’ cover sheet is the following]
Supreme Court.
Cootamundra
3rd October 1916
AG’s No. 16/190
Depositions.
CS’s No. 2
Rex
v.
Thomas John O’Connor
Attempting to commit buggery
Committed at: Cootamundra
on: 7th August 1916
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Court. Cootamundra Circuit Court
Date. 3rd October 1916
Cor. Ferguson Judge.
Plea. guilty to indecent assault
Verdict.
Judgment. 12 months Goulburn Gaol
Mr C Chubb
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.
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Sodomy (attempt) & Indecent assault on male
[Initial illegible]
11.8.16
Approved
[Initial illegible]
14:8:1916
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Justice DG Ferguson’s notebook 5 & 6
77
Cootamundra 3 October 1916
Thomas John O’Connor
1. Attempt to commit buggery
2. Indecent assault
a Ernest Rodney Bull
Plead Guilty:
Remanded for sentence.
121
Cootamundra 5 October 1916
Thomas John O’Connor for sentence
(Previous convictions as in report annexed to depositions)
Plead Guilty to indecent assault.
12 months imprisonment with hard labour Goulburn Gaol.
~ ~ ~ ~ ~
Judge David Gilbert Ferguson. Image: The Sydney
Morning Herald, Wed 6 Mar 1912, p. 7.
Reproduction: Peter de Waal
The Cootamundra Herald, Tue 3 Oct 1916 7
CIRCUIT COURT.
————
Tuesday.
————
Before His Honor Judge Ferguson.
Deputy Sheriff, Mr JT Stratton; Associate Mr Edwards; Sheriff’s Officer, Mr HM Ellis; Crown Prosecutor, Mr Chubb, LL.B.
The legal profession was represented by Mr G James, LL.B., and the local solicitors.
A number of jurymen were excused for various reasons.
…
UNNATURAL OFFENCE AND
ASSAULTS.
John Thomas O’Connor pleaded guilty to the above, and was remanded for sentence.
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The Cootamundra Herald, Fri 6 Oct 1916 8
Thursday
————
…
SENTENCES.
————
…
THOMAS JOHN O'CONNOR.
Mr MacMahon tendered affidavits.
A long record of convictions at Cowra police court, Forbes, Orange, and Narandera [sic].
Sentenced to 12 months imprisonment with hard labour in Goulburn gaol.
~ ~ ~ ~ ~
Young Witness, Fri 6 Oct 1916 9
CIRCUIT COURT.
———◦———
A sitting of the Circuit Court was opened at the Cootamundra Court House at 10 o’clock on Tuesday morning, before his Honor Judge Ferguson. The court set till Thursday afternoon.
Ald TJ Stratton occupied a seat on the Bench as Deputy Sheriff.
Mr Chubb (Sydney) acted as Crown Prosecutor.
…
ASSAULT.
Thomas John O’Connor, charged with committing an assault on a little boy, named Ernest Bull, at Cootamundra, on August 5 last, pleaded and was sentenced to 12 months in Goulburn gaol.
~ ~ ~ ~ ~
Thomas John O’Connor, Gaol photo sheet 10
![SRNSW: NRS2258, [3/5994], Grafton Gaol photographic description book, Jun 1910 - Nov 1922, No. 268, p. 78, R5125.](../../images/trials/1916-OConnor-5994-gaol-photo-268.jpg "SRNSW: NRS2258, [3/5994], Grafton Gaol photographic description book, Jun 1910 - Nov 1922, No. 268, p. 78, R5125.") |
Gaol Photo Sheet - Transcribed Details
No. 268
Grafton
Date when Portrait was taken: 8-1-1917
Name: Thomas John O’Connor
(aka Thomas O’Connor)
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Native place: Ireland Year of birth: 1875 Arrived Ship: SS Cuzco Trade or occupation Religion: RC Education, degree of: R & W Height: 5' 7¼" Weight On committal: 158 Colour of hair: Brown Colour of eyes: Blue |
Marks or special features: Little finger left hand deformed. Scar on side 2nd finger left hand. Nose been broken |
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(No. of previous Portrait ... ) CONVICTIONS |
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Where and When |
Offence. |
Sentence |
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Cowra PC ditto ditto ditto Forbes PC ditto Orange PC Narrandera ditto ditto ditto Cootamundra SC |
16 3 13 3 1 17 3 19 22 22 25 5 |
6 3 6 8 1 8 12 5 5 5 5 10 |
1904 1905 1905 1905 1908 1908 1909 1914 1914 1914 1916 1916 |
Riotous behaviour Drunk Drunk & Disorderly Indecent language Drunk & Disorderly Drunk Indecent language Drunk Drunk Indecent language Larceny Indecent assault on a male person |
20/-or 7 days HL Admonished 10/- or 48 hrs HL. Paid fine £5 or 2 mths HL 5/- or RC 10/- or 3 days - concurrent £2 or 1 month 5/- or R[ise of] C[ourt] Served 5/- or 24 hours. Fine paid 15/- or 7 days HL £2 or 1 month HL 12 months HL |
1 SRNSW: NRS880, [9/7214], Supreme Court, Papers and depositions, Cootamundra, 1916, No. 190. Emphasis added.
2 Mn: Rex versus Thomas John O’Connor Cootamundra Supreme Court 3/10/16
3 Mn: Exhibit “A”
4 Mn: Exhibit “B”
5 SRNSW: NRS5931, [7/10292], Judiciary, DG Ferguson, J. Notebooks Circuit Courts (Criminal, Civil & Divorce), 1911-31, pp. 77, 121.
6 Sir David Gilbert Ferguson (1861-1941) was born 7 Oct 1861 at Muswellbrook, NSW. Ferguson was educated at Scone national and Church of England schools and finally at Fort Street Model School, Sydney. He returned to Scone for two years and learned shorthand. After returning to Sydney he was a copyright clerk and later employed by Want & Johnson, solicitors, as a shorthand writer. He financed his (BA, 1886) by reporting for the Sydney Morning Herald and the Daily Telegraph and several months for Qld Hansard while living in Brisbane. Ferguson read for the Bar with Edward Scholes & Cecil Stephen, while working for NSW Hansard and was admitted to the Bar on 8 Mar 1890. In 1911 he was appointed as an acting judge with the NSW Supreme Court and confirmed in office the following year in Mar. For much of 1929 he was acting chief justice. He left the Bench on 6 Oct 1931. Sir David died 2 Nov 1941 in hospital at Woollahra and later cremated. ADB, 1891-1939, vol. 8, p. 484.
7 The Cootamundra Herald, Tue 3 Oct 1916, p. 2.
8 The Cootamundra Herald, Fri 6 Oct 1916, p. 3.
9 Young Witness, (NSW), Fri 6 Oct 1916, p. 1.
10 SRNSW: NRS2258, [3/5994], Grafton Gaol photographic description book, Jun 1910 - Nov 1922, No. 268, p. 78, R5125.