Dubbo Dispatch and Wellington Independent, Tue 26 Jun 1917 1

QUARTER SESSIONS
———•———

    The Dubbo Quarter Sessions opened this morning before his Honor Judge Bevan. Mr Mason is Crown Prosecutor; Mr GH Taylor, Deputy-Sheriff, occupied a seat on the Bench; and Mr AT Cochrane is Clerk of the Court.

    P Cusack and CC Douglas were each fined £2 for non-attendance as jurors.

~ ~ ~ ~ ~

Dubbo Dispatch and Wellington Independent, Fri 29 Jun 1917 2

QUARTER SESSIONS
———•———
(Before his Honor Judge Bevan.)
———
Tuesday.

…

ALLEGED ABOMINABLE OFFENCE.

    Daniel John Williams was charged with an abominable offence on Walter John Flowers at Wellington on May 5, 1917.

    Accused, who pleaded not guilty, was defended by Mr D McGuinn.

    Sergt Allen, of Dubbo, late of Wellington, stated that accused, in reply to the charge, said, “That is not right; me did not do that.

    To Mr McGuinn: Accused was charged with vagrancy before that. He arrested accused on a charge of vagrancy on May 24.

    Walter John Flowers , a lad of 13 years of age, residing in Wellington for some time, recognised the accused. He had known him for about six months. About two or three months ago accused made indecent and unnatural suggestions to him. Witness refused. Accused subsequently assaulted witness at his (accused’s) camp. Accused ties witness down, and when a boy came along accused covered him (witness) with a blanket. Witness could not sing out, as accused had blankets round his mouth.

    To Mr McGuinn: Geo Deane, Arthur Rose, and Vic. Brett, are all mates. Brown was looking towards us, but could not see me. I could see Brown plainly. Accused only did it to me once. When he did it there was only accused, myself, and Brown present. Had known accused six months; did not say at the Police Court that I knew him for 2½ months. (Depositions produced showed that witness did say this.) It was on a Sunday the offence occurred. At the Police Court I said it was Saturday, May 12. It was on a Sunday, because Brett wagged it from Sunday-school that day. Told Const Maples first, because he asked me. Did not tell anyone till I was asked. I had been annoying accused for some time. I had a pea-rifle, and Bennett put a shot over his head. Bennet [sic] fired at him to frighten him. Accused threatened to tell the police on me. No one had ever done anything like it before to me.

    George Downey, a lad of 14 years, stated that he had known accused as Dan. It was a Saturday that the offence was committed. He then went to the merry-go-round. Saw Dan and Flowers the same night at the pictures, but not together.

    To Mr McGuinn: Saw Flowers trying to get away. It was a Saturday.

    Flowers, recalled, in answer to his Honor, stated that he did not see Downey.

    Mr McGuinn submitted that the evidence for the Crown failed to establish even a case of attempt. He asked his Honor to take the case from the jury on the two points—(1) no corroboration, and (2) the lateness of the plaint.

    His Honor refused to do so.

    In a statement to the jury accused said he was born in Dubbo. He had done nothing to the lad, but the lad had shot him in the arm.

    The accused was sentenced to three years in Grafton Gaol.

~ ~ ~ ~ ~

The Dubbo Liberal and Macquarie Advocate, Fri 29 Jun 1917 3

QUARTER SESSIONS.
———◦———
(Before His Honor Judge Bevan).
———

    The Quarter Sessions opened at the Court House on Tuesday. Mr GH Taylor (Deputy Sheriff) occupied a seat on the Bench. Mr H Mason appeared on behalf of the Crown, and Mr AT Cochrane acted as Clerk of the Court.
…

ALLEGED ABOMINABLE OFFENCE.

    Daniel James Williams was charged with that he did at Wellington on 5th May, 1917, commit an unmentionable offence upon one Walter J Flowers.

    Mr D McGuinn (McGuinn and McGuinn) appeared for the accused, who pleaded not guilty.

    The Crown Prosecutor opened the case, and called—

    Sergeant Allen, who gave evidence as to the arrest of accused on a charge of vagrancy. Whilst under arrest he was charged for the crime for which he now stood charged.

    By Mr McGuinn: He arrested accused at Wellington on May 25th.

    Walter John Flowers, a tall, slim lad of 13 years, said he lived at Wellington. He knew the accused as “Dan.” This witness described the offence, the details of which are unfit for publication.

    George Downey, a lad of 14 years, said he live in Arthur-street, Wellington. He knew accused, and he also knew the boy Flowers. He gave evidence in regard to the offence, which he saw being committed. Flowers was struggling.

    The boy Flowers (recalled), in anser to his Honor, said that the offence was only committed once.

    This was the case for the Crown.

    Mr McGuinn contended that there was no case to go to the jury. There was no corroboration, and there was the fact of the lateness in taking action in the case. He asked that the case be taken from the jury.

    His Honor said he could not take this course.

    Accused said that the boy had fired a gun at him. He was a native of Dubbo.

    Mr McGuinn said that this was an abominable case. It engendered disgust of the man who would be guilty of such an offence, and pity for the lad who was the victim. The evidence of the boy was most unreliable. He was a shifty, unreliable witness. Accused was the butt of the lads of the town, and was known as “Ratty Dan,” These boys tormented this man, and on one occasion had fires a pea-rifle off at him. The boys said that they had fired over his head, and the accused said that the bullet had struck him. What was more likely was that the boys had put up this case against accused so as to save themselves from prosecution.

    His Honor summed up.

    The jury retired at 4.15 to consider their verdict, and returned into Court at 5.5 with a verdict of guilty of attempt.

    Prisoner was sentenced to three years in Grafton Gaol.

~ ~ ~ ~ ~


Daniel John Williams, Gaol photo sheet 4

SRNSW: NRS2467, [3/6096], State Penitentiary photographic description book, 1 Jun 1917-3 Oct 1917, No. 15712, p. –.


Gaol Photo Sheet - Transcribed Details

No. 15712

Date when Portrait was taken: 27-7-1917

Name: Daniel John Williams
(aka David John Bell, Daniel Summer)

Native place: Melbourne

Year of birth: 10-10-1876

Arrived       Ship: –
in Colony }   Year: –

Trade or occupation
previous to conviction  } Shearer

Religion: R. C.

Education, degree of: Nil

Height: 5' 7"

Weight     On committal: 150
in lbs     } On discharge:

Colour of hair: Brown

Colour of eyes: Blue

Marks or special features: Female bust & leaves in right upper arm ship 2 flags, & sailor & crucifix & girl in tights on right forearm. Life buoy, ship, birds & lighthouse also large scars from burns on left forearm. Tongue tied

(No. of previous Portrait ... ) 

CONVICTIONS

Where and When

Offence.

Sentence

Wangaratta PC

Dubbo Q.S 

Victoria
        St Kilda PS

North Sydney PC

  4

26


10

30

7

6


2

3

1916

1917


1922

1925

Larceny...

Attempt to commit buggery 


Insufficient means

Offensive behaviour

£2 or 14 days HL

3 years P.S. 


12 months imprisonment

£5 or 1 month HL

 

1     Dubbo Dispatch and Wellington Independent, Tue 26 Jun 1917, p. 1.

2     Dubbo Dispatch and Wellington Independent, Fri 29 Jun 1917, p. 4. Emphasis added.

3     The Dubbo Liberal and Macquarie Advocate, Fri 29 Jun 1917, p. 4.

4     SRNSW: NRS2467, [3/6096], State Penitentiary photographic description book, 1 Jun 1917-3 Oct 1917, No. 15712, p. –. Emphasis added.

 

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