The North Western Courier, Mon 29 Sep 1919 1
[NARRABRI] QUARTER SESSIONS.
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On Friday morning Quarter Sessions opened before his Honor Acting Judge White. Mr Browning appeared on behalf of the Crown. Mr HL Walker was commissioned to act as Deputy Sheriff.
Thomas Donnelly [aka Thomas Doneley] was charged with that on the 31st July at Ginghi, with committing an unnatural offence against [William] Neville Rae. He pleaded not guilty and conducted his own case. He stated that the police had not been able to find certain witnesses on his behalf, whom he had subpoenaed. He had one witness. In reply to his Honor, he stated he was prepared to go ahead with his case.
The following jury were sworn in: Messrs AB Collyer, AR Thorley, W Collett, JH Draper, LW Wedgewood, W Cormie, E Maunder, J Ozanne, GT Shelton, W Cain, A Thirkettle, WAC Tickle.
Mr Browning outline the Crown’s case.
GR Love deposed that on the 31st July he was employed at Ginghi station as an assistant cook. Accused was cook and another man named Brown was also assistant cook. A young fellow named Rae was at the station, endeavouring to obtain work. He had occasion to speak to Donnelly and went to his room and there saw accused and Rae committing the offence. Witness described in detail what he saw. Witness said to Donnelly, “What are you doing?” and Donnelly replied, “You get for your —— life.” He went and spoke to Brown, who did not take any notice. He next spoke to a man named Reeve, who went in and later spoke to him. He then gave certain information to the police. Up till then he had no differences with accused.
To accused: On this day we did not have a row, and I had not been sacked for being dirty. After the boy had been assaulted he refused to take orders from you. You did not call a meeting of the men. This was done by the “Rep.” The meeting considered the accusation a lie. I never said, “I’ll fix you.” I never gave the boy Rae any money, and I did not see the boy since the assault till at the Court.
William Neville Rae, aged 15½ years, deposed he went to Ginghi, seeking work, as a shed hand. He had known accused before this. Nothing had happened to him, and he was not in a room with the accused. Accused had asked him to get a couple of bottles of whisky from the Barwon Inn, which he put in the kitchen. He did not have any of the drink, and a bottle was not opened in his presence. He did not see Love have a drink. The other cook’s name was Brown. The statement he made to police was not correct. He made a statement to Constable Phillips. The constable wrote it out and he signed it. A copy was typewritten, which he also signed. Neither of the statements were correct. His evidence to-day was different to his signed statements. He did not take the whisky to Donnelly’s room. He said in his statement: “I took the whisky to Donnelly’s room.” Donnelly gave Brown (the offsider) a drink. Witness walked into his bedroom and stayed a few minutes. Donnelly wouldn’t let him go out. He started fooling about with him. Love came in and Donnelly told him to get out. Brown and Love saw him. Donnelly was slightly under the influence of liquor, but knew what he was doing. Witness did not sing out because he did not want to get Donnelly sacked.
Mr Browning asked for permission to treat witness as hostile. This was not allowed.
To accused: Whilst at Moorelands, the accused was not friendly towards him. Accused had a set on him. Brown asked witness to get the whisky and found the money. He had been talking with Love who gave him 10/- to swear against the accused.
His Honor here allowed the Crown’s witness to be treated as hostile.
To the Crown Prosecutor: He invented this story against himself to please Love. He had never seen Love before and didn’t even know his name. Love told him to say what was in the statement . . . Love left Ginghi the next morning, and the conversation took place before he left . . . he was arrested and was in gaol with Donnelly. He did not remember being in the police yard with accused, and accused whispering to him. Accused did not say, “If I didn’t I would get three years.” He told this to constable Johnson. He made this statement up. Love never put that into his mind. He had not been talking to the police about the case. He spoke to Constable Phillips. He did not say to Phillips yesterday that the statement he made was true, and that he would swear to it to-day. Exhibit (a slip of paper) was then shown witness who stated that the signature was his. He told Constable Phillips what was in the body of that letter.
Constable Phillips, of Walgett, deposed that on the 9th August he went to Ginghi station, and took two statements and afterwards arrested accused. Before arresting accused, Sergeant Goodsell read the warrant and Donnelly said, “It was only dirt; it was a frame-up.” He saw accused about 11 o’clock and read the statements to him and he again said it was a frame-up. He saw Rae yesterday, and he said he would swear to his statement to-day.
Sergeant Goodsell, of Walgett, deposed he was with Phillips at Ginghi.
To accused: When the warrant was read you said you knew nothing about it, and that it was a frame-up.
Constable Johnson, gaoler at Walgett, deposed that on the morning of the 9th of August, he had a conversation with accused about the boy Rae. Accused asked what he was charged with and he replied, “with being a consenting party.” Accused said that what Rae had stated were lies, and that the boy was silly and would say nything [sic]. Accused said his offsider (Love) was unsatisfactory, and had sacked him. Accused said “Can’t you get the boy to twist, he’s not right in his head, and would say anything.” On the morning before the proceedings at Walgett, accused and Rae were in the exercise yard together. Donnelly said to Rae, “When you get into the witness box you swear what you told them is all lies. If you stand by what you said you will get three years.” He (witness) was about 12 feet away in a passage and heard every word spoken. He then took Donnelly back to his cell and spoke to Rae, who afterwards gave him a statement.
To accused: When you first came to Walgett you bailed a man out. You did not have to separate my wife and myself. He had never had a row with his wife.
To a juror: The conversation he heard was in a half tone. He was in the doorway. The door was slightly ajar.
To accused: You were exercised every morning.
For the Defence:—
Accused, on oath, deposed: On the 31st July, he asked the boy to get him some whisky and put it in the kitchen. He then went and gave a hand to the assistant cook. He never saw the boy again till he was in Walgett. Love had asked him several times for tucker, which he refused, and Love said, he would “fix him.” He said, “What do you mean by ‘fix me,’” and Love replied “never mind.” When he heard of the accusation he went to the shearer’s “rep” (this was about 4.30 pm), and asked him to hold a meeting as soon as they knocked off. The “Rep” asked Love and Rae if the statement was true and they denied it, and he continued his work.
To Mr Browning: The statement about the conversation in the exercise yard is not true. The boy was taken to the yard first. When he went into the yard the boy was taken away. He never said anything to the boy except, “Good morning.” He never had an opportunity to talk to the boy. He never told the boy he would get three years if he stuck to his story.
James Brown deposed that on July 31st, he remembered the “Rep” coming to him, but he didn’t remember what happened as he was under the influence of liquor. He remembered the “Rep” asking Love if a certain thing was done, but could not remember what Love’s reply was. After the meeting in the afternoon it was decided to adjourn to the pub, but he did not remember what took place. He worked with Donnelly till Sunday. On the night of the 31st Love came to him for bread, which he gave him.
To Mr Browning: On the 31st he was “shove-off” cook. The offsider did the slushy work. On this day Donnelly told him he had sent for some whisky and he got a drink of it. The whisky was in Donnelly’s room. Later he saw accused and Rae in the cook’s sleeping room. This was some time after dinner, and they appeared to be asleep—lying down on the floor. They may have been a foot away, perhaps two or three feet away for all he could say. He went to the cook’s room for a whisky and helped himself. The others did not wake up.
To a juror: He did not know what took place at the “Rep’s” meeting. He was under the influence.
GR Love (recalled) denied ever saying to Donnelly “he would fix him.” He had never had an altercation with Donnelly. It’s an absolute lie to say he gave the boy money. He never had any to give him. Donnelly paid him by cheque on the Friday morning.
To his Honor: He never told the “Rep” that what Rae and himself had said was untrue.
This concluded the evidence.
The accused addressed the jury and during the course of his remarks stated he was a returned soldier and suffered from palpitation.
Mr Browning stressed the point that accused had stated he had not seen Rae after he bought the whisky, while his own witness swore that he saw them sleeping together in Donnelly’s bedroom.
His Honor, in his summing up, expressed himself strongly upon the contradictory evidence of Rae and advised the jury to cut out this evidence the Crown case to rest upon the evidence of Love against the evidence of accused.
The jury returned [sic] at 12.26 and returned at 12.38, with a verdict of not guilty, and accused was discharged.
1 The North Western Courier, Mon 29 Sep 1919, pp. 2, 3. Emphasis added.