Albert S McGillivray and John James Noonan, 1912

Below also see: Noonan v. Noonan, 1915 – Divorce
Noonan v. Noonan, 1916 – Divorce,
John James Noonan, 1919,
John James Noonan, 1921,
Charles Cann, 1926,
John James Noonan, 1928 – Indecent assault

 

The Colac Herald, Fri 25 Oct 1912 ¹ & ²

COLAC GENERAL SESSIONS.
———◦———
(Before His Honor, Judge Eagleson)

BEEAC SAFE ROBBERY.

    At the Court of General Sessions at Colac on Wednesday, Albert S McGillivray, and John James Noonan [also see: Noonan v. Noonan, 1915, and etc] were charged with breaking into the Beeac Railway Station, and stealing therefrom contents of the safe belonging to the railway commissioners. Noonan was further charged with receiving same, knowing them to have been stolen. McGillivray pleaded guilty and was remanded for sentence, and Noonan pleaded not guilty.

    The following jury were empanelled.—Wm Dunoon (foreman), AC Parkinson, J Windsor, C Emeny, Jas Gilmore, W Marriner, Max Castles, John Palmer, CT Anderson, W Fedderson, B Eagle and A Campbell.

    Mr Wanliss prosecuted for the Crown, and the accused was undefended.

    Mr Wanliss, Crown Prosecutor, in opening the case, said that the accused was charged with housebreaking and receiving. The charges were made against him, and a man named McGillivray, who pleaded guilty. On the night of 20th September the offence was committed. On the morning of the 21st it was discovered that the Beeac Railway Station had been broken into. In the building was a safe in which the cash and documents were kept. There was £9 in gold and £1/5/- in silver in the safe. There was also a dress basket containing letters and post cards. The safe was found a mile away and it was broken open.

    Henry Marshall, stationmaster at Beeac, said that on Friday, 20th September when he left the office everything was in order. In the safe was £9 in gold and £1/5/- in silver. Of the gold there were three sovereigns and the rest in half sovereigns. There were 13 rebooking vouchers. There was a dress basket in the office addressed to a man named Russell. Next morning he found the door of the office open and the window broken. The safe was gone. The dress basket had been opened and some of the contents were on the floor. A cheque and some cash in the drawer had been taken. He noticed tracks of a wheelbarrow going from the station into a paddock. He followed the track through tree [sic–three] paddocks on to the main road. On the Friday he saw McGillivray in the station yard.

    Horace Parker, laborer, stated that on Friday, 20th September and about midnight, he saw a light at the back window of the station.

    Thomas Bouchier, line repairer, said that on Saturday morning, 21st September, he found the office door open. Later on he was working on the line near Corbett’s. He saw a safe in a lane off the main road. It had been broken open. There was a pinch bar, hammer, chisel, axe, and hatchet. He reported the matter to the stationmaster and Const McKenzie.

    John Alexander Burnett, storekeeper of Beeac, said he knew the accused and McGillivray. He had seen them at Beeac. He saw Noonan about 8 o’clock on the evening of the 20th September. Accused asked him for the loan of a 1/- for a bed.

    Hugh J Berry said that in September he was a hotelkeeper at Beeac. He saw Noonan on the Friday evening. Accused came into the hotel with a billy-can. He asked witness to “give him a splash of beer.” Witness told him to come in again in the morning. Just before closing up time he saw accused and McGillivray outside the hotel.

    Darrell Powell, carter at Beeac, said that he saw McGillivray on the 19th September. McGillivray asked him for sixpence. Witness said No. He afterwards saw accused and McGillivray together.

    Thos J Russell, laborer at Weering, stated that he had a dress basket at the Beeac railway station. Inside the basket were postcards and letters. He identified the ones produced.

    John Hassett, railway line repairer at Warncoort said that on Saturday morning, 21st September, he saw McGillivray, but could not swear to the accused. They were walking towards the Warncoort station.

    Nellie Hassett gave evidence to the same effect.

    John O’Meara, stationmaster at Birregurra, said that on Saturday 21st September, in consequence of information received he was on the watch. He saw the accused and McGillivray that morning coming from the direction of Warncoort. They booked two second singles for Melbourne. Constable Dungey arrived and took the two men into the general waiting room. The constable searched the two men. Noonan had a sovereign, half sovereign, and some silver in his possession.

    Const Dungey said that on the 20th September he interviewed Noonan and McGillivray at the Birregurra railway station. McGillivray said he came from Beech Forest, and Noonan stated he had come from Gellibrand River. Later on both men admitted being at Beeac the night before. They denied being concerned in the robbery. He searched the men. McGillivray had a lot of postcards in his possession, as well as a railway voucher, four half sovereigns and some silver. Noonan had a sovereign, a half sovereign, some silver and coppers. No postcards were found on accused. He had ascertained that accused had worked for Hennigan, and left there early in September.

    Const McKenzie stated that on Saturday, 21st September, he went to Beeac railway station, and found that the station had been broken into. He found the safe near Corbett’s smithy. It was broken into and the contents removed. Noonan’s boots would make similar marks to what he saw about the safe. He corroborated Constable Dungey’s evidence in regard to the searching.

    Peter Hewatt, hotelkeeper at Colac said he had never given any money to Noonan.

    This ended the case for the Crown.

    Accused [John James Noonan] called McGillivray to give evidence on his behalf.

    Accused: Was I, in any way, connected with the safe robbery?

    McGillivray: No way, whatsoever.

    Accused: Did you remove the safe on your own?

    McGillivray: Yes.

    Where did you leave me on the night of 20th September?—Near Burnett’s store.

    Where did you see me next?—The next morning, three miles on the other side of the Warncoort railway station.

    Did you mention to me in any way about breaking into the station?—Not until we were arrested.

    Mr Wanliss: You say you did this alone?

    McGillivray: Yes.

    Mr Wanliss: It was all your own idea?

    McGillivray: Yes.

    You didn’t think of it till that night?—I had thought of it long before.

    How long before?—A day or so.

    Did you spend the night in the little hut on the railway?—No.

    Did you meet Noonan in Geelong?—Yes. In the street.

    Was that the first time?—I met him before in a certain place.

    Where?—I decline to say.

    His Honor: You must say.

    Witness: In the Geelong gaol.

    Mr Wanless: [sic] Did you speak to him there?

    Witness: Only once or twice.

    If it is said that you and Noonan had arranged to go to work at onion weeding, would that be true?—Yes.

    When did you make up your mind not to go?—During the night.

    How did you break into the station?—I got through the window and ransacked the house. I put the safe on a wheel-barrow. I wheeled it through two paddocks.

    You got the safe over the bottom panel of the fence quite easily?—Quite simple.

    You burst open the safe quite easily?—It was a difficult job.

    Did you meet Noonan by chance next morning?—Yes.

    His Honor: What did you do with the money you had?

    McGillivray: I don’t know what became of it.

    His Honor: That is ridiculous. What did you do with it?

    Witness: I cannot account for it.

    But what did you do with it?—I cannot say.

    Remember you are on your oath. I will give you another chance to explain.—I paid for the ticket and the balance was taken by Constable McKenzie.

    What became of the rest of the money?—There was a cheque found on me.

    Where were you when you counted the money you took from the safe?—When I was half way from Warncoort.

    How much did you have then?—£2/17/- and the cheque.

    Did Noonan have any money on the night of the robbery?—He was jingling money in his pocket but I do not know how much. He had some gold and silver.

    How long before was it you met him in the Geelong gaol?—In June.

    Why did you not take Noonan into the robbery?—I did not want him to know anything about it.

    Why?—I thought it would be better to have it all on my own.

    Why?—I can’t exactly say why.

    The accused made a statement saying that he had no hand in the robbery. He met McGillivray at Beeac but McGillivray did not mention to him that he had broken into the station. There was nothing connected with the safe found in his possession.

    The jury returned a verdict of guilty on the charge of housebreaking.

    Accused admitted 10 prior convictions.

    His Honor said that the offence was a very serious one. In addition to the seriousness of the crime, there were 10 prior convictions. Some of them were for minor offences, but they showed that prisoner was a man who had had his opportunity, but had not availed himself of it. Then he had put a witness in the box to commit deliberate perjury, and must have agreed with him to do so. He would be sentenced to 4 years imprisonment with hard labor, and at the end of that term, prisoner to be detained in a reformatory prison during the Governor’s pleasure.

————————

    McGillivray was then charged with stealing an overcoat, the property of John Carter, and also with receiving the said overcoat. The jury empanelled was as follows:—JR McDonald (foreman), Alex Short, W Collins, WL Taylor, James Slater, Walter Kettle, WG Leary, JE Marks, AM Hager, Alex McGready and F Granter.

    Mr Wanliss prosecuted and accused was undefended.

    For the prosecution it was explained that Carter allowed McGillivray to sleep in his hut and he showed his gratitude by walking off with Carter’s overcoat.

    John Carter deposed that he was a laborer residing at Beeac. On Tuesday, September 17, accused and witness had several drinks. McGillivray had permission to sleep in witness’ hut.

    Accused: Didn’t you say that you had two overcoats, and that I was as welcome to one as the flowers of May?—No, I did not.

    Will you swear I did not pay you for the coat?—I will.

    Have you any proof that I did not give you 1/6 for the coat?—No, I have not.

    To Mr Wanliss: He did not give him the coat nor did he sell it to him.

    Constable McKenzie deposed that he found the coat with accused’s effects at Birregurra, and the latter claimed it. He did not say that he bought it off Carter.

    Accused: When did Carter tell you about the coat being missing?—He did not tell me. I asked him about it.

    Arthur McCarthy, laborer, Rokewood, deposed that on 19th September he slept in Carter’s hut. McGillivray was there, and he took the coat and wore it into the township.

    This closed the case for the Crown.

    McGillivray called James Noonan, who stated that he saw accused with the coat on, not concealed in any way.

    The jury after a retirement of 10 minutes, returned into court and stated that there was an eleven-twelfths verdict.

    His Honor: The verdict must be unanimous.

    The jury again retired and, returned with a verdict of guilty.

    Prisoner, who admitted 5 prior convictions for larceny, was sentenced to twelve months’ imprisonment.

    For breaking into the Beeac station he was sentenced to five years, and at the end of that period to be detained in a Reformatory prison during the Governor’s pleasure.

    His Honor said that the prisoner had not only broken into the station but he had committed perjury on behalf of another man. Prisoner was a man who evidently could not keep his hands to himself, and was a loafer as well.

 

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Noonan v. Noonan, 1915

The Sydney Morning Herald, Sat 23 Oct 1915 ³

DIVORCE COURT.
(Before Mr Justice Gordon and a jury of 12.)

…

(Before Mr Justice Street.)

Noonan v. Noonan

    Mr RW Fraser appeared for the petitioner, Annie Noonan (formerly Williams), who sued for the dissolution of her marriage with John James Noonan, on the ground of desertion for three years and upwards. The parties were married on October 2, 1909, at Temora, according to the rites of the Presbyterian Church. His Honor adjourned the hearing for further inquiry.

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Noonan v. Noonan, 1916

The Sydney Morning Herald, Tue 4 Apr 1916 ⁴

IN DIVORCE.
(Before Mr Justice Gordon.)

…

(Before Mr Justice Street.)

Noonan v. Noonan

    Mr RW Fraser appeared for petitioner, Annie Noonan, who petitioned for a dissolution of her marriage with John James Noonan, [see also: Albert Stanley Butler, 1908] on the ground of desertion for three years and upwards. Respondent did not appear. The parties were married on October 2, 1909, at Temora, according to the rites of the Presbyterian Church, and they lived together until March, 1911, when, according to petitioner’s testimony, respondent left her without just cause or excuse, and had not since contributed to the support of herself and his children. The case was originally before the Court on October 22 last, and was then adjourned for further evidence. This was given, and a decree nisi was granted and made returnable in six months.

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The Sydney Morning Herald, Wed 11 Oct 1916 ⁵

DIVORCE COURT.
(Before Mr Justice Gordon.)

DECREES ABSOLUTE.

    His Honor made absolute the decrees nisi granted in the following suits:—
…
    Annie Noonan v John James Noonan, ⁶

 

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John James Noonan, 1919

    [Unfortunately no newspaper report(s) of Noonan’s,10 Nov 1919, Warren Police Court, ‘Threatening words’, trial could be located.]

John James Noonan, Gaol photo sheet ⁷

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Gaol Photo Sheet - Transcribed Details

No. 2516
Bathurst

Date when Portrait was taken: 11th December 1919

Name: John James Noonan
(aka John Edwards)

Native place: Vic or Narrandera, New South Wales Year of birth: 4-10-1882 Arrived       Ship: – in Colony }   Year: – Trade or occupation previous to conviction  } Upholsterer Religion: R. C. Education, degree of: Read & Write Height: 5' 5" Weight     On committal: 10st in lbs     } On discharge: Colour of hair: Brown Colour of eyes: Blue

Marks or special features: Scar over right eye. Horseshoe riding whip, JN inside right forearm, Anchor on left upper arm

(No. of previous Portrait ... )  CONVICTIONS
Where and When				Offence.	Sentence
Coolonmara PC Temora PC Coolac [sic] PS Terang PS Junee PC Geelong PS Coolac [sic] Gen S Central PC ditto Warren PC	2 21 17 12   5 10 23   2   2   2 19 10	4   7 10 12   8   5 10   7   7   7 12 11	1909 1909 1909 1909 1910 1912 1912 1918 1918 1918 1918 1919	(1) Attempt to steal (2) Assault (1) Obscene language (2) Assault (3) Assault Larceny Imposition Assault Assaulting police Wilful damage Breaking into a counting house Drunk and disorderly Indecent language Assault police Stealing Threatening words	6 months HL Fine or 14 days HL Fine or 7 days HL Fine or 3 days HL Fine or 2 months HL 7 days HL 1 months HL Fine or 2 months HL Fine or 28 days HL 4 yrs HL & at the expiration of sentence to be detained in a Reformatory prison 10/- or 48 hours HL £3 or 21 days HL  |  Concurrent £2 or 14 days HL Accumulative £5 or 1 month HL £5 or 2 months HL then to enter into sureties self in £40 with two in £20 or one in £40 to be of good behaviour for 12 months in default 6 months imprisonment. Concurrent

 

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John James Noonan, 1921

Western Champion, Thu 8 Sep 1921 ⁸

POLICE COURT.
———◦———
Wednesday, Sept 7th.
———————
(Before Mr CJB Helm, PM.)

ALLEGED LARCENY.

    John James Noonan was charged with the larceny, as a bailee, of a sum of £30, the property of Annie Maria Hodges.

    Annie Maria Hodges stated: I live in Hill street, Parkes. In January I was living in Cecile street, I met the accused at the Parkes Hospital about 9th January last. He came to my place next day. My boy, 12 years old, was present. He said, “I believe you are a widow. What you want now is a man to look after you.” I said “I am surprised at a man like you coming after a woman like me, the mother pf ten children.” Accused said “I believe you are selling your property.” I said “Yes, I am thinking of getting out of Parkes.” He asked me if I could sell up while he was here. I said I didn’t think so, but I might be able to get a deposit on my property while he was here. After that date he came every day until the 18th January. Defendant persuaded me to get married. I was to go to Orange and get married, there. The papers were filled in to get it fixed here. The Rev Mr Smith would not go on with it because accused was a divorced man. On the 18th I got a cheque from Mr Hill for £31 as a deposit on my property. He persuaded me to give him £30 to pay a deposit on a poultry farm near Sydney. Gave defendant the money between 3 and 4 o’clock on the 18th. A man named William Jones and my boy were present when I gave him the money. I said to him “If you don’t put the money into the property you will have me in an awful fix.” Before he left accused advised me not to sell my furniture, but to get a truck to remove it to the place he intended buying I was to take the three children down on the school passes to save the fares. He said he would write as soon as he arrived. I got a letter in which he said he had not closed for the place. I wrote him at the address he gave but got no reply. I wrote another letter which I registered. Both letters were returned to me unclaimed. Did not see him again until I saw him before the court. I endeavored to find out where he was. Never received any money from him. Defendant showed me some money which he had when he spoke about paying a deposit on the poultry farm. Eventually I laid information and had a warrant issued for his arrest. He did not invest the money which I gave him in a farm and the money has not been returned.

    To the defendant: I went to the Rev Mr Smith about the marriage on your instructions. You came with m afterwards. We were to get married on the 17th or 18th of January. Mr Smith stopped the proposed marriage on account of your being a divorced man. I gave three ten pound notes. I agreed for you to go to Sydney to put a deposit on a place. I had to go to Sydney and meet you and get married when you got a home. I did not get any receipt from you for the money. I received a letter from you. It may have been on the 21st January. You said in that letter that you were going out to Marrickville to look at a place. The address you gave was the “GPO Sydney” not “Haymarket.” Did not receive another letter from you on the 23rd. You did not give me an envelope with the address as “Haymarket PO” the day you left. You disguised yourself to go away. You changed into old working clothes. You said that was so you wouldn’t come into contact with my daughters on the station. You had been wearing a good suit, the one which you are wearing now.

    To the Police: When the accused proposed marriage he said that he had not been married before, but later he said he was a divorced man. He told me about the divorce on the eve of going up to Mr Smith’s.

    To the PM: In the letter he said that he was going to Marrickville to see if he could find a place. He enclosed a solicitor’s card. I afterwards wrote to the solicitor, and received a reply (produced). Defendant met me outside the court to-day. I produce a letter which the accused wrote me on August 31st. I did not reply or go and see him, but this morning outside the court accused asked me what I was going to do. I said, “Well, I want my money.” Accused said “I will get it on my property.” I said that the police had the case and could do nothing now.

    To the accused: I asked you what “the arrangements” in the letter meant. You did not say it was concerning some property you had left at my place. You only left a tin trunk and an old box at my place.

    William John Jones stated: I know the defendant by sight. I saw him at Mrs Hodges’ place about January 18. I was boarding at the place. Saw Mrs Hodges give accused three notes, and heard her say it was £30. Heard Mrs Hodges ask accused to get the business through as soon as possible. Heard the accused suggest that Mrs Hodges should get a truck for the furniture. Heard Mrs Hodges say that the money was a deposit to purchase a poultry farm. Mrs Hodges’ little boy was present. I offered to give a hand in taking the furniture to the station.

    To the accused: Mrs Hodges gave you the money on the back verandah of the house. It was between 3 and 4 o’clock in the afternoon.

    To the Police: I lent the accused a carry-all when he was going away. He has not returned it.

    Alick Hodges (12 years of age) stated: I know accused. Saw him at our place. It was this year. Saw my mother give him £30. Mr Bill Jones was present when she gave him the money. Heard accused say he was going to put the money on a poultry farm.

    To the accused: I was on the back verandah when my mother gave you the money.

    In reply to the usual questions accused reserved his defence and was committed for trial at the Forbes Quarter Sessions on October 11th. Bail was not applied for.

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Western Champion, Thu 13 Oct 1921 ⁹

BRIEF MENTION.
———◦———

…
    At the Forbes Quarter Sessions on Tuesday JJ Noonan was found guilty of the larceny as a bailee of the sum of £30, the property of Mrs Annie Maria Hodges, of Parkes, and was sentenced to 15 months’ imprisonment, to be reduced to eight months if restitution of the £30 involved is made.

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The Forbes Advocate, Fri 14 Oct 1921 ¹⁰

FORBES QUARTER
SESSIONS.
————
MISPLACED CONFIDENCE.
————
PARKES LADY LOSES £30.
————

    The Quarter Sessions commenced on Tuesday before his Honor Judge Armstrong. Mr WG Dowling deputy sheriff occupied a seat on bench.

    The first case dealt with was one in which John Joseph [sic] Noonan was charged with having at Parkes on January 18th, received certain money, to wit £30, from Annie Maria Hodges, under authority rendering it necessary to account for same. There was a second charge of larceny. On both counts accused pleaded not guilty.

    The following jurymen were empannelled: [sic] WJ Thomson, HJ Blaxland, WS Ferguson, AE Whytt, AJ Reymond, GA Lloyd, W Prior, JD Boyd, W Little, GS Hawke, CJ Corone, H Acheson.

    Annie Maria Hodges deposed: I reside at Hill Street, Parkes. I met Noonan in Parkes in January. I met him in Parkes hospital, and Noonan came to my home. He said, “I believe you are a widow,” and wanted to marry me. I told him I had a big family and would think of it. I have ten children. He asked me if I was going to sell my property. I told him I would do so. I intended to sell the place and leave Parkes. Finally we made arrangements to get married, but same was delayed owing to Noonan being a divorced man. I got a deposit of £31 on my place, and gave Noonan £30 to buy into a poultry farm, which we were to live on after we were married. My little boy and a young man who was a boarder were witnesses. I told him to be sure and carry out his part or he would leave me in a very bad way, as I had broken my home up and had made arrangements for leaving. As accused was leaving he wanted to bring my little girl to Orange, with him and we could be married quietly. I told him I could not do so, as my first duty was to my other children but that as soon as he got the home together we would be married. I got one letter from accused. He did not buy the poultry farm nor account for the money. Late in January I placed the matter in the hands of the police, and I did not hear of Noonan until August, when he was arrested. He wrote me to call at the police station at Parkes, but I did not go. Next day Noonan told me he could fix me up with the money, but I told him the police had the matter in hand.

    To accused: There were witnesses on my back verandah when I gave you the money. I did receive a letter from you. I received a receipt where you banked money, but there was no money there. I did not leave the house that evening, nor did I join you in Sydney. I have been a fool long enough with you, and you’d have got the whole of my money if I had carried out your instructions. When I gave you the money you did not give me a receipt. You tucked the money away in your belt and knew what you were doing. The letter I got from you I tore up, because I was ashamed of the whole thing after finding that I had been fooled. I was afraid my eldest daughter might have found it. You practically forced me to give you the money under promise of marriage. You told me to buy the wedding ring, but I did so with my own money, and when I found out you had duped me I sold the ring back to the jeweller. There are two of your trunks at my place. On one [I] found the address of your people at Warnambool, [sic] and wrote to your sister. I took a warrant out for your arrest, and I did this in February. I have heard since that you had married again. I did not receive a receipt for the £30 I paid you.

    William J Jones deposed: In January I was boarding at Mrs Hodges’ at Parkes. I saw Noonan on that day. I saw Mrs Hodges give him three notes. I heard they were £10 notes. She said she did not want him to keep her waiting. Noonan was to buy a poultry farm in Sydney. When Noonan was going away I lent him a carry-all, but he never sent it back.

    To accused: I was in my room just off the verandah when Mrs Hodges gave you the money. She gave you three notes, which I was informed were £10 notes. Mrs Hodges’ son was in my room at the time. When Mrs Hodges handed over the notes to Noonan she said, “There’s £30.”

    Alex Hodges, son of Mrs Hodges, deposed: I am twelve years of age, and go to school. I know Noonan, and saw him at my mother’s place in Parkes. I remember my mother handing Noonan £30. Accused was only a few feet away from me when he received the money. Noonan was going to put the money into a poultry farm in the city. Noonan went away that evening.

    To accused: Jones was standing at the table when the money was handed over. You were to put some of your own money in the farm.

    That was the case for the prosecution.

    Noonan elected to make a statement and stated that Mrs Hodges came to Parkes Hospital as a visitor when he was an inmate with appendicitis. She came to where he was in hospital and spoke to him for two hours. She told him she was a widow with property, but that her children were getting out of control, and she intended selling the property and leaving the country. He said he would come to her house and talk it over. She said she resided in Cecile Street. He called at her house, and as a result of the conversation they decided to get married. They went to the Rev Smith, who said he could not marry them until he (Noonan) produced his divorce papers. Then he decided to put the wedding off, and Mrs Hodges was to meet him in Sydney and marry him there. He had plenty of money at the time, being in receipt of £1 per day. He went to the King Street Court House and secured his divorce papers. He later wrote to Mrs Hodges, and told her what he was doing, but he notified that his address was being changed from the GPO to the Haymarket PO. He told Mrs Hodges in the letter that he was looking out for a poultry farm, and had visited several places for the purpose of making the purchase. He produced a letter from Hoskins and Co, of Bankstown, stating that he had called there with reference to a farm. He denied receiving the money from Mrs Hodges, and all he did was to look out for a poultry farm for Mrs Hodges.

    The jury after a retirement of about half an hour, brought in a verdict of guilty.

    Noonan was brought up for sentence on Tuesday afternoon.

    A list of previous convictions was read out.

    His Honor sentenced accused to 15 months imprisonment in Bathurst gaol, sentence to commence on August 19. In the event of Noonan making restitution of £30 to Mrs Hodges, he would recommend remission of sentence at the end of eight months.

    Noonan: I can’t get anyone to go surety for me.

    His Honor: If you cannot you must serve the full sentence.

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The Sydney Morning Herald, Tue 18 Oct 1921 ¹¹

COUNTRY NEWS.
———◦———

…
    FORBES.—At the Forbes Quarter Sessions on Tuesday, before Judge Armstrong, John James Noonan was found guilty on a charge of fraudulently converting to his own use money entrusted to him. He was sentenced to 15 months’ hard labour in Bathurst gaol.

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John James Noonan, Gaol photo sheet ¹²

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Gaol Photo Sheet - Transcribed Details

No. 2618
Bathurst

Date when Portrait was taken: 19 October 1921

Name: John James Noonan
(John Edwards)

Native place: Vic or Narrandera NSW Year of birth: 4.10.1882 Arrived       Ship: – in Colony }   Year: – Trade or occupation previous to conviction  } Upholsterer Religion: RC Education, degree of: R&W Height: 5' 5" Weight     On committal: 10st in lbs     } On discharge: Colour of hair: Brown Colour of eyes: Blue

Marks or special features: Scar over right eye. Horseshoe riding whip, JN inside right forearm. Anchor on left upper arm

(No. of previous Portrait .. 2516 Bathurst 11/12/1919) CONVICTIONS
Where and When				Offence.	Sentence
Bathurst PC Forbes Q.S Criminal Court of Appeal	10 11 18	5 10 11	1920 1921 1921	Stealing Fraudulently omit to account for money received Application for leave to appeal refused	6 months HL 15 months HL
For previous Convictions see photo no. 2516, 11/12/1919

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The Sydney Morning Herald, Sat 19 Nov 1921 ¹³

COURT OF CRIMINAL APPEAL.
(Before Sir Wm Cullen, CJ, Mr Justice
Pring, and Mr Justice Wade.)

REX v. NOONAN.

    An application was made on behalf of John James Noonan for leave to appeal against a conviction before Judge Armstrong, at the Forbes Quarter Sessions, on a charge of fraudulently omitting to account to one Anna Maria Hodges for a sum of £30, for which he was sentenced to 15 months’ hard labour. The accused submitted that there was insufficient evidence to warrant his conviction. The Court thought otherwise, and refused the application. Mr Hugh O’Reilly appeared for the Crown.

 

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Charles Cann, 1926

The Illawarra Mercury, Fri 21 May 1926 ¹⁴

FROM HOSPITAL TO LOCKUP.
————
WHAT HAPPENED TO UNCONCIOUS
MAN.
————

    At the Wollongong Police Court on Monday, Charles Cann [aka John James Noonan] was charged that he did between the hours of 11 pm on May 5th, and 7 am on the 6th May, burglariously break and enter the dwelling house of George Thomas Wells, known as the Centennial Hotel, Helensburgh, and steal therein property to the value of £20, the property of Thomas Hynd.

    Plainclothes Constable Sherwood, Sydney, deposed that at about 8 pm on May 8 he saw accused in Oxford Street, Sydney, lying on the footpath, apparently unconscious. He took the man to Sydney Hospital, where he received medical attention. While accused was at the Hospital his clothes were searched and amongst other things the following articles were discovered: 1 fountain pen, 1 bunch of keys, 1 pocket knife, 1 electric torch, a railway concession ticket, some small green lines, and 2 pawn tickets. The railway ticket was first-class Helensburgh to Sydney, and had been issued in the name of “Mr Hynd” by the Education Department. He showed these articles (produced) to accused, and accused said that they were all his property, that his name was Hynd, and that he lived at Helensburgh. Later he said that his name was Charles Cann. Accused was afterwards taken to the Central Police Station, and the present charge preferred against him. On May 10th saw accused again at No. 3 Police Station, ans showed him the two pawn tickets produced, and accused said that they were his property. Said to him “Did you pawn the articles enumerated thereon?” and he said that he had; and that they were his property. Said to him “They are part of the proceeds of a burglary at Helensburgh, last week.” Accused said “I bought them from a man in Campbell Street, Sydney.” but was unable to say who the man was, or where he could be found. On May 11th told accused that a number of articles had been identified by Thomas Hynd as his property. On the same day saw Henry Thompson and showed him the electrical torch (produced), and later saw accused again. Said to him “The electrical torch found in your possession has been identified by Henry Thompson, the picture show proprietor at Helensburgh, and he says that you stole it on the night of May 5, when you were in his office talking to him.” Accused said “I must have been drunk.”

    Thomas Hynd, a teacher of coal-mining, an employee of the Education Department, Wollongong, deposed that the articles (produced) which he had identified, had been stolen from his room, No. 5, on the first floor of the Centennial Hotel, Helensburgh, on the night in question. When he retired that night at about 10.30 he left his bag beside his bed, and his clothes hanging on the bed rail. The clothes etc, produced were his property. He had also lost a leather suit case containing three lecture books, a parallel rule, and mining papers, which had not yet been recovered. He had not given accused or anyone else, permission to remove the articles from his room.

    To the accused: Neither the window, nor door, of my room were broken, and, in the morning, I could not see the marks of where a jemmy, or axe, had been used.

    To Segt Pye: I did not lock either my door, nor my window, but anyone entering would have to open one or the other of them.

    Segt Arthur Henry Loomes, Helensburgh, deposed that, as a result of something that he had been told by the licensee of the Centennial Hotel, he made a search and found three books with the name of T Hynd on them, a parallel ruler, and mining papers (produced) in the bush at Helensburgh, about a quarter of a mile from the hotel, near the rifle range. He showed them to accused and he said “I know nothing about them.”

    George Thomas Wells, licensee of the Centennial Hotel, Helensburgh, gave evidence as to Hynd taking a room at his hotel, on the night in question, and said that the back door of the hotel was always left open for the convenience of boarders. This had been his invariable practice ever since he had had the hotel in all, about three years. Accused had neither stayed, nor booked a room, at the hotel, and would have had to open a door, or window, to get in, on the night in question.

    His Worship: I find a prima facie case has been made out, and will commit accused for trial at the Quarter Sessions to be held at Wollongong on May 25.

~ ~ ~ ~ ~

The Illawarra Mercury, Fri 28 May 1926 ¹⁵

TWO YEARS FOR CHARLES CANN.
————
A MAN WITH MANY
CONVICTIONS.
————

    Some time ago a detective found a man unconscious in Elizabeth Street, Sydney, and had him conveyed to the Sydney Hospital, where upon being searched with a view to establishing his identity, the detective found certain articles which aroused his suspicion.

    When he regained consciousness Cann was charged at the Wollongong Police Court with stealing certain articles at Helensburgh, and was committed for trial.

    He appeared before Judge White at the Wollongong Quarter Sessions on Tuesday, and was called upon to answer two charges, viz, (1) stealing in the Centennial Hotel, Helensburgh, articles to the value of £5, and (2) with receiving the articles, well knowing that they had been stolen.

    Accused pleaded guilty to the second charge, and the plea was accepted by the Crown.

    When brought up for sentence accused was asked if he had anything to say.

    Accused I was under the influence of liquor, your Honor, and know very little about it.

    Segt Pye read a very long list of previous convictions in NSW and Victoria, the sentences ranging from six months to four years. Accused, it would appear from the list, also went under the name of John J Milne and John Edwards.

    When the Segt had finished reading the list, his Honor said to the accused: Do you dispute that?

    Accused: No, Your Honor. My whole trouble has been drink.

    His Honor: What will cure that?

    Accused: To knock it off altogether, Your Honor.

    His Honor: Yes, you appear to have had plenty of opportunities to knock it off. What is your age.

    Accused: 43.

    His Honor: I cannot say that you are an habitual criminal, for there are long periods between your convictions. You are sentenced to two years in Bathurst Gaol.

    Accused: Would Your Honor make it 23 months?

    His Honor: Why?

    Accused: If I get two years I will have to serve three months in solitary confinement, and the cells are very cold, and I suffer from sciatica.

    His Honor: I do not want to torture you, I will make your sentence 1 year and 11 months.

    Accused: Thanks Your Honor.

    His Honor directed that the stolen property was to be returned to the owners.

~ ~ ~ ~ ~

Charles Cann, Gaol photo sheet ¹⁶

---

Gaol Photo Sheet - Transcribed Details

No. 21637

Date when Portrait was taken: 28-5-1926

Name: Charles Cann
(aka John Edwards, John James Noonan)

Native place: Victoria Year of birth: 4-10-1882 Arrived       Ship: in Colony }   Year: BS Trade or occupation previous to conviction  } Upholsterer Religion: R. C. Education, degree of: R & W Height: 5' 5" Weight     On committal: 148 in lbs     } On discharge: Colour of hair: Brown Colour of eyes: Blue

Marks or special features: Scar over right eye. Horseshoe & riding whip & “J NOONAN” on muscle of right forearm. Anchor on left upper arm.

(No. of previous Portrait .. 2516, 2618 Bathurst) CONVICTIONS
Where and When				Offence.	Sentence
Young PC ditto ditto Cowra PC ditto ditto        lodged Wollongong Q.S	23 23 23 20 20 20 22 25	12   2   2 11 11 11 11   5	1922 1923 1923 1923 1923 1923 1923 1926	Stealing 1) Drunk & disorderly 2) Assault Police Assault constable Insulting language Drunk & disorderly Receiving..	£5 or 2 months HL £1 or 7 days HL 6 months HL  |  Concurrent £7-16-6 or 2 months HL £2-5-0- or 14 days HL £5 or 48 hours HL 1 year + 11 months HL
And 17 previous convictions for which See Photo No. as above

 

---

John James Noonan, 1928

Goulburn Evening Penny Post, Mon 13 Feb 1928 ¹⁷

INDECENT ASSAULT ALLEGED
MAN COMMITTED FOR TRIAL

    On a charge of committing an indecent assault on Ronald McDonald, a male person, John James Noonan, alias John George White, was committed for trial at the Goulburn Quarter Sessions on May 1 when he appeared at the Goulburn Police Court to-day.

    Constable [Albert Henry] Dunn said that at 1 am on February 9 he saw a young man clad in a shirt running around in front of a Sloane Street boarding house. The man, who later told him his name was McDonald, said that Noonan had tried to commit an offence on him.

    Constable Dunn said that McDonald took him to Noonan, who said to McDonald, “What are you talking about. You are mad, I brought you down and gave you a bed, and this is what you try to put over a man.” Noonan was slightly under the influence of liquor, but McDonald, although nervous and upset, was quite sober.

    Ronald McDonald said that at half past 10 on Wednesday night Noonan asked him if he had any where to go and when he said that he had not he told him to “come on home with him.” Noonan took him into a bed room and told him to sleep in a single bed. There was also a double bed in the room and Noonan told him later to get into it. He got into the bed where the offence was committed after a struggle. He ran out of the house in his shirt, and remained outside for a quarter of an hour waiting for someone to come along. A couple of railwaymen passed him and after hearing his story one of them went to the police and returned with Constable Dunn. Noonan had been drinking, but was not drunk.

    Noonan reserved his defence. Bail was allowed at self in £100 with similar sureties.

~ ~ ~ ~ ~

Depositions for John James Noonan 1 May 1928 Goulburn trial ¹⁸

Assistant Law Officer, Sydney
7.5.28

R versus Noonan.

    As the accused has been in gaol since February 9th I think that this recommendation might be adopted and no further proceedings taken.

[Signed] CE Weigall, Assistant Law Officer.

~ ~ ~ ~ ~

Department of the Attorney General and of Justice,
Sydney, 8th May, 1928.
Ck. No. 28/32.A.G.B. Depositions.

The Deputy Clerk of the Peace, Goulburn

Subject:– Rex versus John James Noonan

Offence: Indecent assault on male
Committed at the Police Court, Goulburn, 13.2.28.

    The Attorney General has decided not to proceed further against the accused in the above mentioned case which was postponed from the last sittings of the Supreme Court, Goulburn, and the Commissioner of Police has been requested to appraise the witnesses, and all other persons concerned, of such decision.

    As the accused appears to be confined in gaol, a warrant has been issued to the Sheriff authorising his discharge from custody.

    Please advise me when all other necessary steps have been taken in the matter.

[Signed] Under-Secretary of Justice. [William James Kessell]

~ ~ ~ ~ ~

Department of the Attorney General and of Justice,
Sydney, 8th May, 1928.
Ck. Deps. No. 28/32 A.G.B.

The Sheriff.

Subject:– Rex versus John James Noonan

Offence: Indecent assault on male
Court: Supreme Court, Goulburn, 1.5.28.
Committed at the Police Court, Goulburn, 13.2.28.

    The Attorney General has decided not to proceed further against the accused in the case above mentioned, and, as the accused appears to be confined in gaol, I beg to transmit to you the accompanying Warrant of Discharge.

    It is desired that you will notify me, in writing, when the accused has been released from custody.

[Signed] Under-Secretary of Justice. [William James Kessell]

~ ~ ~ ~ ~

Department of the Attorney General and of Justice,
Sydney, 8th May 1928.
Ck. Deps. No. 28/32 A.G.B.

The Commissioner of Police.

Subject:– Rex versus John James Noonan.

Offence: Indecent assault on male.
Court: Supreme Court, Goulburn, 1.5.28.
Committed at the Police Court, Goulburn, 13.2.28.

    The Attorney General has decided not to proceed further against the accused in the case above mentioned, which was postponed from the last sittings of the Supreme Court, Goulburn, and it is requested that you will cause the witnesses, and all other persons concerned, to be informed of such decisions.

    As the accused appears to be confined in gaol, a warrant has been issued to the Sheriff authorising his discharge from custody.

    Constable AH Dunn of Goulburn has charge of the case.

[Signed] Under-Secretary of Justice. [William James Kessell]

~ ~ ~ ~ ~

Alfred Blacket, Crown Prosecutor at Supreme Court Goulburn,
3rd May 1928.

Memorandum for the information of the Attorney General.

R versus Noonan.
Cor. The Supreme Court Goulburn.

    In this case upon arraignment the prisoner pleaded Not Guilty, and the Prosecutor at my request was called but did not answer. I then applied that the prisoner should be remanded to the Court of Quarter Sessions at Goulburn on the 17th instant and this was done. I proceeded to inquire of the Police as to the likelihood of the Prosecutor being in attendance on the 17th and the report herewith was furnished accordingly. From this it would appear that the Prosecutor has good reason for desiring to keep away from Goulburn and is very unlikely to be present at the Quarter Sessions.

    I therefore venture to suggest that the case should not be further proceeded. [Signed] Alfred Blacket.

~ ~ ~ ~ ~

Police Station Goulburn,
1-5-1928.

The Inspector of Police, Goulburn

Subject:– Ronald McDonald, witness in case Rex versus Noonan. Indecent assault.

Reference:–

    I beg to report that on the 9th February last John James Noonan, alias White etc., was given into custody of Constable Dunn, Goulburn Police, on a charge of indecent assault on a male person by Ronald McDonald.

    McDonald alleged that Noonan took him to his room and that they both got into the same bed; whilst in bed Noonan indecently assaulted him by endeavouring to force his person into his (McDonald’s) behind. McDonald left the room and reported it to Constable Dunn, and Noonan was arrested, and subsequently committed for trial.

    The witness McDonald was bound over the appear and give evidence when the case was called on for trial.

    McDonald was a stranger, and had only been in Australia for some months. He had not fixed place of abode, and was out of employment. He had no profession or trade at his command, and was living by doing any odd jobs he could pick up.

    For some weeks after the hearing at the Police Court McDonald was very much under the notice of the Police. I obtained employment for him at St Patrick’s College, Goulburn, and sent him there. I saw him some hours later and he informed me that the place was filled. I rang the Principal of the college and he informed me that McDonald had not turned up. I put him in the way of getting other employment but he would not work.

    He remained about Goulburn for some weeks, and became a regular nuisance. He used to go to boarding houses and represent that “Sergeant Hooper sent me here for a few days,” and would obtain a few days board until the boarding house keeper would ascertain that his representations were false.

    So great a nuisance did he become that I told him that he would have to get some employment or I would have to bring him before the Court. He then left Goulburn, and I have not seen or heard of him since.

[Signed] Thos W Hooper, Sergeant 2nd Class.

~ ~ ~ ~ ~

Office of the Clerk of the Peace,
Sydney, 14th February 1928

The Governor, Goulburn Gaol.

Memo.

Rex versus John James Noonan – indecent assault on a male person. Goulburn Circuit Court 1-5-28.

    Is it the intention of the above accused to plead guilty on arraignment?

    It need hardly be pointed out that no promise should be made or inducement offered the accused as to how he should plead.

    Is there any likelihood of the accused obtaining bail? If not, would he prefer his case to be dealt with at an earlier Court?

[Signed] John Gonsalves, Clerk of the Peace.

~ ~ ~ ~ ~

Deputy Governor, 15.2.1929.

The Clerk of the Peace, Sydney.

    It is my intention to plead “Not Guilty” on arraignment.

    I am unable to obtain bail, and would ask that my trial be transferred to an earlier Court.

[Signed] JJ Noonan.

Forwarded for your information.
[Signed] CR Mortimer, Deputy Governor.

~ ~ ~ ~ ~

Clerk of the Peace, 22-2-28.

    There is no other Court in the district to which the venue could be changed.

    The only alternative Court will be Sydney and in view of the accused’s bad character it may be thought that as Noonan will, if left for trial at Goulburn, be kept for less than three months in custody, the government ought not be put to the expense of bringing the case to Sydney.

[Signed] John Gonsalves, Clerk of the Peace.

~ ~ ~ ~ ~

NEW SOUTH WALES POLICE.

Goulburn Police Station,
18-2-1928.

Southern District,

Report relevant to antecedents of:–

Name: John James Noonan, alias John Edwards, alias Charles Cann, alias John George White.
Offence: Indecent assault on male person.
Committed for trial at: Goulburn Supreme Court.
Date: 1-5-1928.

    I beg to report that this offender has no fixed place of abode. He is a labourer by occupation, and during the past twenty years he has been repeatedly convicted of different offences. When out of gaol he wanders throughout the state and commits offence wherever he goes. This offender was known to me in Sydney ten years ago and he was then living with prostitutes. His associates are bad characters. His finger prints have been taken and the following convictions have been recorded against him:—

Place				Date	Offence	Fine/Sentence
Narrandera PC				7 Jul 07	Drunk and disorderly	10/- or 2 days HL
ditto				10 Jul 07	Riotous behaviour	20/-, costs 16/-, or 7 days.
Murrumburrah PC				7 Dec 08	Riotous behaviour	5/- or 24 hrs HL
ditto				21 Dec 08	Drunk & disorderly	5/- or 12 hours HL
Cootamundra PC				2 Apr 09	Attempt to steal	6 weeks HL
ditto				ditto	Assault Police	20/- or 14 days HL
Temora PC				28 Jul 09	Obscene Language	20/- or 7 days HL
ditto				ditto	Assault Police	5/- or 3 days HL
ditto				ditto	Assault Police	£5 or 2 months HL
Victoria, Colac PS				17 Oct 09	Larceny	7 days HL
Terang PS				13 Dec 09	Imposition	1 month HL
NSW, Junee PC				6 Aug 10	Assault Police	1 month HL
Victoria, Geelong				10 May 12	Assault Police	£4 or 2 months HL
ditto				ditto	Willful damage	Fine or 21 days HL
Victoria, Colac GS				23 Oct 12	Break into counting house	4 years HL. At expiration of sentence to be detained in a Reformatory Prison.
NSW Central PC				2 Jul 18	Drunk and disorderly	10/- or 48 hours HL
ditto				ditto	Assault Police	£2 or 14 days HL
ditto				ditto	Indecent language	£3 or 21 days HL
ditto				19 Dec 18	Stealing	£5 or 1 month HL
Warren PC				10 Nov 19	Threatening words	£5 or 2 month HL & bound to be of good behaviour 12 months.
Bathurst PC				10 May 20	Larceny	6 months HL
Temora PC				13 Aug 21	Stealing	£2 or 7 days HL
Forbes QS				11 Oct 21	Fraudulent misappropriation	15 months HL
Young PC				23 Dec 22	Stealing	£5 or 2 months HL
ditto				23 Feb 23	Drunk and disorderly	£1 or 7 days HL
ditto				ditto	Assault Police	6 months HL
Cowra PC				20 Nov 23	Indecent language	£2 or 14 days HL
ditto				ditto	Drunk and disorderly	10/- or 48 hours HL
ditto				ditto	Assault Police	£5, £3-12-6, costs or 2 months HL
Wollongong QS				25 May 26	Receiving	1 year & 11 months HL
He is at present on Licence from Gaol.

[Signed] Thos W Hooper, 2nd Class Sergeant.

~ ~ ~ ~ ~

Police Station,
Goulburn, 18-2-1928.

The Inspector of Police, Goulburn

Subject:– Antecedent Report concerning John James Noonan, alias John Edwards etc.,

Reference:– Attached communication from the Clerk of the Peace.

    I beg to report that attached are the convictions previously recorded against Noonan.

    Ronald McDonald the prosecutor in this case, has no fixed place of abode and is out of employment. He has no idea where he will be when the case will be heard at Goulburn, but states that he will keep in touch with the Police.

[Signed] Thos W Hooper, Sergeant 2nd Class.

~ ~ ~ ~ ~

The Clerk of the Peace, Sydney.
17-2-28.

The Officer in Charge of Police, Goulburn.

Subject:– Rex versus Noonan. – Goulburn Supreme Court, 1-5-28. Indecent assault on a male person.

    Will you please let me have the antecedent report concerning this accused at as early a date as you can.

[Signed] John Gonsalves, Clerk of the Peace.

~ ~ ~ ~ ~

	Petty Sessions Office, Goulburn 13th February 1928.
(a) Name in full of accused.	Rex v. (a) John James Noonan alias John George White.
(b) Offence.	(b) On the ninth day of February 1928 at Goulburn in the said state of New South Wales, indecently assault Ronald McDonald, a male person.
(c) “Supreme Court,” or “Quarter Sessions.”	Depositions and the other Documents in the case of the above named accused who has been committed to take his trial at the (c) Circuit Court to be held at Goulburn on Tuesday the first day of May 1928. are forwarded under separate cover
(d) “Is confined in the Gaol at …,” or “has been admitted to bail” (with full particulars as to sureties, addresses, occupations, and amounts, as set out in Recognisance.)	The accused is (d) confined in the Gaol at Goulburn
(e) 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 (e) Albert Henry Dunn of Goulburn, Police Constable and Ronald McDonald of Goulburn at present, but later c/- McNeil, Gunning.
(f) Short description to enable identification.	The Exhibits enclosed are (f) Nil
	[Signed] ------ Clerk of Petty Sessions
The Under Secretary of Justice.
N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates April, 1920

~ ~ ~ ~ ~

Depositions of Witnesses.

New South Wales, Goulburn
TO WIT.                                   }

The examination of Albert Henry Dunn of Goulburn in the State of New South Wales, Police Constable and Ronald McDonald of Goulburn at present but later of c/- McNeil, Gunning, labourer taken on oath this 13th day of February in the year of Our Lord one thousand nine hundred and twenty eight at the Goulburn Police Office, in the said State, before the undersigned, Police Magistrate and one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of John James Noonan alias John George White who stands charged this day before me for that he the said John James Noonan alias John George White, on the 9th day of February 1928, at Goulburn in the said State, did indecently assault Ronald McDonald, a male person.

[Signed] G[eorge] A[lfred] Stevenson, PM.

~ ~ ~ ~ ~

    This Deponent sworn states:—My name is Albert Henry Dunn. I am a Police Constable stationed at Goulburn.

    About 1 am on the 9th instant a railway man came up to me at the railway station at Goulburn and told me something. I then went with him to the front of Jones’s boarding house in 172 Sloane Street Goulburn. I saw a young man running around the front of the house, that is Ronald McDonald, clad only in his shirt. I said to him. I had a conversation with him. He then took me to an upstairs room in the house, I struck a match and he said in defendant’s presence “This is the man that tried to take advantage of me.” The defendant said “What are you talking about, you are mad. I brought you down and gave you a bed and this is what you try to put over a man.” McDonald said “That is all right, you said that if I did not lay still you would bach my bloody head in.” I then took the defendant to the Police Station and charged him with the present charge. McDonald signed the Charge Book. The defendant was slightly under the influence of liquor but McDonald was quite sober. But he was very nervous. He was upset.

    Defendant: I did not examine the complainant. You were lying on the single bed. You had a coat and shirt on and socks. There was a bag and two parcels at the head of the bed on the floor. I believe you did mention something about a doctor at the lock up. I did not refuse anything. I know McDonald came to be in your company and how he came there. McDonald told me that he met you in front of the shop in Auburn Street. A man said to him “Haven’t you got a bed tonight.” That was White. McDonald said “No.” The defendant ais “Well I will take you down and give you a bed for the night.” He then took him to the house.

[Signed] Albert H Dunn.

Taken and sworn this thirteenth day of February 1928, at Goulburn, in the State of New South Wales, before.
[Signed] GA Stevenson, PM.

~ ~ ~ ~ ~

    This Deponent sworn states:—My name is Ronald McDonald I am a labourer and reside at no fixed place of abode. But I have an address to go to from here c/- McNeil Gunning. I remember the 8th of this month. At 10.30 pm I was in Auburn Street. I was standing outside Poulos shop. A man spoke to me, the accused in the box. He said “Haven’t you anywhere to go?” I said “No, not at present.” He said “All right I will take you down hime [sic] with me.” He said “Come down to the station and carry up my bag for me.” I went to the station with him and carried his bag up to the house, 172 Sloane Street. I went into a room. He took me to the room and said “There you are, you can sleep in the single bed.” There was a double bed there too. He said “I will see you at your breakfast in the morning.” I got undressed and got into the single bed. “Oh No”, he said “you are not going to sleep in that bed, you are going to sleep with me in the double bed.” He then pulled me on to the double bed. I lay on the bed and he jumped on top of me. I was on top of the clothing. I was only clad in his my shirt and he was the same. He jumped on top of me. He said “Lie there. If you move I will punch your bloody nose.” He said “Lie still and I will not hurt you and I will give you 5/- in the morning.” He was trying to put his penis in me. I was lying on my back and he was holding me. I saw his penis, it was erect. He was trying to put his penis into my backside. He got it in to my legs but no further as I was struggling. He said “Lie quiet and I won’t hurt you and I will give you 5/- in the morning.” That lasted about a quarter of an hour. He said “I think I will have to get a bit of soap.” He also said he would get up and have a smoke. I said “I will get up too,” and he said “No, you lie there.” He then got up and lit a cigarette and I then got up and made one too. I then said “I am going down the back.” I then rushed out the door and was standing in the street after coming down the stairs and out the door. I was only in my shirt and was there fifteen minutes. I met two railway men and later on a Constable the come and went upstairs to get my clothes. He found the accused dressed lying on the bed with his fly open. I did not say anything except when the Constable asked him what he was doing. He said “Nothing. Why?” I had not seen him before. I had been in Goulburn four days then. I have been looking for work and have since got it. Defendant was sober according to me. I could smell a drop on him. He had been drinking. He wasn’t drunk.

    Defendant: I met you at half past seven ten. At a quarter past one I spoke to the Constable. I was with you at the railway station during those hours. I met you at half past ten. I talked with you in front of the shop for an hour and then we went to the station and you were arguing with the Station Master about your bag. A man brought me into the restaurant where you were and we were speaking about work. That was the first time I spoke to you. I looked at the clock and know it was half past ten. The shop closes at that hour. He had not closed the shop when we left it. There was one side door shut. I left the room without my clothes because you attempted to indecently assault me. I knew that you were going away in the morning. You told me you could not give me any money as you did not know what your fare was. You said you would pay for the bed for me. I asked you for tobacco and cigarette papers when I was in the lock up after you had been charged and said I had none. The light was not burning when you went upstairs with me. I did not notice if any men were sleeping in the rooms I went through while I was going down the stairs. It was very dark. I heard you ask at the lock up for a doctor to have me examined. I heard you say that you would pay for a doctor.

[Signed] Ronald McDonald.

Taken and sworn this 13th day of February 1928, at Goulburn, in the State of New South Wales, before.
[Signed] GA Stevenson, PM.

~ ~ ~ ~ ~

F. 2– “Justice’s Act, 1902.”

Statement of the Accused.

State of New South Wales, Goulburn
TO WIT.                                                }

John James Noonan alias John George White (hereinafter called the defendant) stands charged before the undersigned, Police Magistrate and one of His Majesty’s Justices of the Peace in and for the said State, this 13th day of February in the year of Our Lord one thousand nine hundred and twenty eight for that he, the said defendant, on the 9th day of February 1928, at Goulburn in the said State, did indecently assault Ronald McDonald (a male person) and the said charge being read to the said defendant, and the witnesses for the prosecution, Albert Henry Dunn of Goulburn, Police Constable and Ronald McDonald of Goulburn at present but later of c/o McNeil, Gunning, labourer. Being severally examined in his presence, and (the depositions of the said witnesses having been read to him), the said defendant is now addressed by me the said Police Magistrate as follows:– “Having heard the evidence, do you with 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 reserve my defence.”

[Signed] JJ Noonan.

Taken before me and read over to the said defendant at Goulburn in the said State, the day and year first above mentioned.
[Signed] GA Stevenson, PM.

~ ~ ~ ~ ~

G. 190.

New South Wales, Goulburn
TO WIT.                                   }

REX.
versus
John James Noonan alias John George White

Offence: Indecent assault on a male person.

    The accused stands committed to take his trial at the next Court Circuit Court of to be holden at Goulburn, in the State of New South Wales, on the first day of May 1928, or at such other Court to be holden at such place and time as the Attorney-General may appoint. Bail allowed the accused in £100 and two sureties in £50 each, or one in £100.

[Signed] GA Stevenson, PM

JP.

Dated at the Police
Office, Goulburn
in the said State,
this thirteenth
day of February
AD 1928.
4g 416 - 88

~ ~ ~ ~ ~

“Justice’s Act, 1902.”

Recognizance to give Evidence.

State of New South Wales, Goulburn
TO WIT.                                               }

Be it remembered, that on the 13th day of February in the year of Our Lord one thousand nine hundred and twenty eight Albert Henry Dunn a Police Constable stationed at Goulburn in the State of New South Wales, Ronald McDonald of Goulburn in the said State, labourer personally came before the undersigned Police Magistrate and 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, 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] Albert H Dunn, Ronald McDonald.

Taken and acknowledged, the day and year first above mentioned, at Goulburn in the said State, before me.
[Signed] GA Stevenson, PM.

The condition of the within written recognizance is such, that whereas one John James Noonan alias John George White (hereinafter called the defendant) was this day charged before me the undersigned Police Magistrate and one of His Majesty’s Justices of the Peace for the said State, for that he the said John James Noonan, alias John George White, on the 9th day of February 1928, at Goulburn in the said State, did indecently assault Ronald McDonald a male person.

If, therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Goulburn in and for the State of New South Wales, on Tuesday the 1st day of May 1928, at ten 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 defendant for the offence aforesaid, to the jurors who shall pass upon the trial of the said defendant. Then the said recognizance to be void, or else to stand in full force and virtue.

[Signed] GA Stevenson, PM.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]
Supreme Court.
Goulburn
1st May 1928
AG’s No. ----
Depositions.
CS’s No. 1
Rex
v.
John James Noonan
Indecent assault on male
Committed at: Goulburn
on: 13th February 1928

~ ~ ~ ~ ~

Court. Supreme Court Goulburn
Date. 1st May 1928
Cor. Campbell Judge.
Plea. Not guilty
Verdict. Prosecutor not appearing prisoner remanded on the application of Crown Prosecutor to Quarter Sessions Goulburn 17th May or to such &c.
Judgment.
A[lfred] Blacket, C[rown] P[rosecutor]
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.

~ ~ ~ ~ ~

Indecent assault on male
[Initial illegible]
17.2.28

~ ~ ~ ~ ~

Goulburn Evening Penny Post, Mon 30 Apr 1928 ¹⁹

ITEMS OF INTEREST

…

CIRCUIT COURT

    At the Circuit Court, which will hold its sitting to-morrow under Mr Justice JL Campbell, the following cases are to be tried: James Potiri, alleged manslaughter; John James Noonan, alleged indecent assault; WHG Anderson, alleged assault on a girl under the age of 16 years; and John Moran and Frederick Milton, escaping from lawful custody at the Milu camp. Mr Wilfred [sic] Blacket, KC., will prosecute for the Crown, and Mr JW Bavin will be Clerk to the Justice.

~ ~ ~ ~ ~

Justice JL Campbell’s notebook ²⁰ & ²¹

22

[Goulburn Circuit Court] 1st May 1928

John James Noonan.
Indecent assault on a male person.
Plea is not guilty

    Blacket asks that the Crown witness Ronald McDonald should be called.

    He is called & does not answer. Blacket explains that McDonald is the chief witness for the Crown cannot proceed in his absence & asks that the case be sent for trial at the next Court of QS to be holden on the 17th May inst or such other Court as the Attorney General may appoint.

    Committal 13th February.

Albert Henry Dunn.

~ ~ ~ ~ ~

Goulburn Evening Penny Post, Wed 2 May 1928 ²²

ITEMS OF INTEREST
———◦———

…

WITNESS MISSING

    John James Noonan, who was charged at the Circuit Court with indecent assault on a male person, pleaded not guilty and was remanded to the Quarter Sessions on May 17. The Crown Prosecutor, Mr Wilfred [sic] Blacket, KC., who made application for the remand, said that on account of the non-appearance of the main witness for the Crown the case could not be proceeded with Noonan took exception to the remand, saying that he had already been in custody for 12 weeks.

 

---

John James Noonan, 1928

The Grenfell Record and Lachlan District Advertiser, Mon 2 Jul 1928 ²³

LOCAL AND GENERAL
————

…

POLICE COURT.
————
Before Messrs WH Simpson and
WH Dening).
———

    John Noonan—drunk; pleaded guilty and fined 5/-.
    John Noonan—resisting the police, pleaded guilty and fined 10/-.
    John Noonan—maliciously damaging police uniform; pleaded guilty and fined 10/-, and ordered to pay value of oat, £3.

SATURDAY.

    John Noonan—alleged stealing hat, the property of Clarry Ray.—Remanded.
    John Noonan—alleged breaking and entering the dwelling house of George Hector Stephen McLeod and stealing therein property valued at £20/14/2.—Remanded.

~ ~ ~ ~ ~

The Grenfell Record and Lachlan District Advertiser, Thu 5 Jul 1928 ²⁴

POLICE COURT
Tuesday.
———
(Before Mr Scobie, PM.)

…
    John Noonan—stealing one hat valued at 17/11, the property of Clarry Ray. Pleaded not guilty.

    Sergeant [Edward] Tracey deposed: On 1st July saw accused lying asleep in a lane at back of the showground; woke him and said “You took a parcel out of the groom’s room at the Royal Hotel”; he said “I know nothing about it.”

    To accused: “You were not handcuffed when asked the questions—the two constables held you by the hands while searching you for a revolver; got the hat alongside your swag.”

    Constable Laycock deposed: On Saturday he visited the accused near the showground; saw a swag at the foot of which was a grey felt hat; met the accused, who said he was making over to his swag; in answer to a question he said he had two hats—the one he was wearing and an old green one rolled in the swag; witness picked up a hat and said “Is this yours?” And he replied he knew nothing about it; Oakman and he returned to McLeod’s house, and later saw Sergeant Tracey and Constable Flint, who told him something; they were carrying some googs.

    Frank Joseph Lindley, groom at the Royal Hotel, deposed: Accused sat at his fire until 10.30 on Saturday night; missed a parcel at about 11.45; a man named Ray called over for a parcel and he could not find it; last saw the hat on his bed about 10 on Saturday night; accused left with a man named Barber; there were only accused, witness and Barber there that night.

    To accused: You held the light for me when he went to attend some horses; Barber was left in the stable; many walked into the stable while you were there; when you left the stable at 10.30 you had no parcel with you.

    Gordon Keith Barber deposed: Saw accused in the stables at the Royal Hotel on Saturday night; when Lindley was called away to attend some horses accused took a parcel from the bed, walked away with it and returned later; he went to Waldron’s place and accused went with him; later he went to show ground, accused picking up a parcel, from which he took the paper and put a hat on his head; asked him “What did you get hit up for it?” Accused pulled a loaded revolver from his pocket and said “Never in your sweet life will I get hit up while I hold this little toy”; we got to the back of the showground and he said “I am going to deal with the caretaker now”; recognised the hat produced.

    To accused: Did not think it strange for you to take the parcel off the bed for it may have been yours; did not know where you left it until I was going away with you; you pulled the revolver from your pocket.

    Clarry Ray deposed: Bought a hat at Hill and Halls’ on Saturday and left it at the Royal Hotel with Fred Lindley; it was like the hat produced; did not authorise anyone to take it.

    For the defence—

    John James Noonan deposed: On Saturday night he went into the Royal Hotel yard; saw the groom and went into the stable, staying until about 10 o’clock; Barber left the stable when he went away; went to his camp at 12.30; met the two constables, who took him down to his swag; Laycock showed him a grey hat and asked him if it was his, and he replied that he knew nothing whatever about it; he then said, “Alright, you can go”; went up the road about fifty yards and went to sleep; at about 2 o’clock he was awakened by the Sergeant and Laycock; they again produced the hat in question, and asked him if it was his; he said “No”; they then charged him with stealing the hat; that was all he knew.

    To Sergeant Tracey: Had been drinking and got into a bit of trouble on Friday night; had got into a lot of trouble through drink; had never before been in trouble through thieving.

    The PM convicted and imposed a fine of £5, in default six weeks hard labor.

———

    John Noonan—alleged breaking and entering. Remanded to 11th July.

~ ~ ~ ~ ~

The Grenfell Record and Lachlan District Advertiser, Thu 12 Jul 1928 ²⁵

POLICE COURT.
———
Thursday.
(Before Messrs WH Simpson and Woodlands).
———

    John Noonan—breaking and entering the dwelling house of George Hector Stephen McLeod, and stealing therein articles valued at £20/14/2, the property of the said George Stephen Hector [sic] McLeod.

    Committed to Cowra Quarter Sessions to be held 7th August.

~ ~ ~ ~ ~

Cowra Free Press, Tue 7 Aug 1928 ²⁶

AN ALLEGED GRENFELL BURGLARY
——— : : : ———
YOUNG MAN ALLEGES HE WAS FORCED TO KEEP A LOOK OUT.
—————
AT THE POINT OF THE REVOLVER.
————
ACCUSED MAKES A POWERFUL APPEAL FROM THE DOCK.
——

    The only Jury case before His Honor, Judge Thomson, in the Quarter Sessions this morning was the following:—

    John Noonan was charged with that [at] Grenfell he did on 30th June break and enter the dwelling of George Hector McLeod and steal a number of articles; a second count charged accused with receiving.

    Mr BV Stacy (Crown Prosecutor).

    Jury: Harold Oscar Busby (foreman), George Valentine Corp, Edward Ernest Kerwick, John Joseph Hickey, Henry Mackenny, Norman Goodacre, Albert Thomas Paton, Walter Henry Death, Michael Patrick Farrar, Kenneth John Richards, William John Clarkson, John Herbert Morgan.

    The accused, who was undefended, challenged one Juror.

    Gordon Keith Barber deposed: I am a labourer residing at Grenfell; I did not know accused until 8 o’clock on June 30th; I had been drinking; I was in the stables until 10.30; accused was with Fred. Lindley; the three of us were talking; accused asked me to come up and have a cup of tea with him as it would do me good; we went towards the Showground; he had a parcel; when we got there he said he was going to deal with the old caretaker for interfering with the tramps; he showed me the revolver (produced); I told him I would not be in it; he pointed the revolver at me and made me come; accused pushed the window up and told me to keep watch; accused got in and passed a box of clothing (produced) out; accused had a torch; he also brought the port(produced) out later and a few cooking utensils; he also brought some cigar boxes out containing other articles; accused had a swag behind the Showground; we went there on the way up, he took a parcel from there to the caretaker’s house; when he came out he told me to put the window down and take the box and go for the hole in the fence; he said “These are not what I’m after, I’m after the codger’s money. It must be about somewhere”; we put the goods about 300 yards away; he said “You’re a horse-breaker & I want you to drive me about 12 miles”; I said “It is not mine. I’m only working for Darwin”; he said “I don’t care who owns it. I’m going to have it”; he was half drunk and talking very loudly; I saw young Hanshaw on the way up to Ike Waldron’s; I went over there to see Darwin; I heard Waldron talking to him; I left and went to Lindley’s and afterwards to the Police Station and afterwards I went to the Showground with Sergeant Tracey and Constable Laycock and showed them the goods; I saw accused arrested later.

    To accused: Between 3 o’clock and 8 o’clock at night on 30th June I was at the Royal Hotel; I was covered with a revolver; I was 20 minutes standing outside McLeod’s; I was frightened you would blow me over with the revolver; that’s the reason I did not go away; on June 29th I gave evidence in a stealing case at Grenfell; I did not hear Ike Waldron speak to me at his house; Hanshaw got hold of me and shook me; I did not tell him I was there under threat, as I had not time; I told the Police a little after 12 o’clock.

    George Hector [Stephen] McLeod deposed: I am a mail contractor; I did live at the Showground on June 30th; I was at home until after dinner on June 30th; when leaving I locked the doors and windows; when I got back at about 1 o’clock I found the bed all turned up and the ports (produced) and a revolver like that produced missing; I also identify the other articles (produced) except the billy can; the back window at been opened and the nails holding same had been straightened out; I saw accused at the lock-up; accused said “I bought the billycan in Cootamundra. That’s not his”; I later found my own billycan at home; the brush (produced) is similar to the one I lost.

    To accused: I saw the property searched at the Police Station; none of your property was found amongst mine; I saw the Sergeant early the following morning at my house; it mat have been 8 or 9 o’clock; I did not see the revolver until you were charged at the Police Station; I gave him a pair of boots that morning; I know the billycan was first listed as my property; I said force had been used to force the window.

    Frederick Joseph Lindley deposed: I am a groom at the Royal Hotel , Grenfell; I saw accused and Barber there at 8 o’clock in the stable at the fire; they remained there until 10.30, when they went away together; I saw Barber again about a quarter past 12 and went to the Police Station with him.

    To accused: Barber did not say where he was going; he did not say he was staying at Ike Waldron’s.

    To His Honor: I’ve know Barber for two months; I knew accused about six years ago.

    Alfred Cornish deposed: I am a laborer residing about half-a-chain from the Grenfell Showground; on July 1st I saw a revolver and a clothes brush outside my camp; I handed them to the Police.

    To accused: There was only one man camped near me; I’m certain there was no one else. I’m on my own.

    Alexander Waldron deposed: I am a horse trainer residing at Grenfell; a man named Darwin lives with me; I know Barber, but not well; on the night of June 30th a man called and knocked at the front door; I could not recognise him; I saw two other men there; I cannot swear to them; I thought one was Barber by the voice; it was only 12 o’clock.

    To accused: I ordered Barber off the place; I thought it was him by the voice; I cannot swear to you.

    To C[rown] P[rosecutor]: The man asked me if I could drive him out 12 miles, and I said it was too late; I was in bad health at the time.

    Martin Malcolm Hanshaw deposed: I am a laborer residing at Grenfell; on the night of June 30th I saw two chaps going up; I asked which one was singing and told them to shut up; I recognised Barber; I then went and spoke to the other man’ but I cannot recognise him; Barber went away somewhere; the men seemed to have been drinking a lot.

    To accused: I followed Barber, and the other men part of the time; I remember Barber saying it was the other man who swore; when I left I thought the man was pulling the top off a bottle on the fence.

    Sergeant Edward Tracey deposed: On the date in question I got certain information from Barber as a result of which I went to the Showground; I saw the articles (produced) in some timber near the Showground; Barber showed them to me; some time later I saw accused asleep in a lane near the Showground; that would be about an hour later; I later arrested accused on another charge; later I said “This man Barber says you took him under threat, out to McLeod’s and made him carry these goods away”; he said “I did nothing of the kind”; I then took him to the Police Station and charged him; when the list was read over accused said “That’s my can. It was stolen from where my swag was”; I later brought the pair of boots (produced) and said to accused “These are the boots Mr McLeod said were not brought over. They are now included in the charge”; accused made no reply; I later showed accused the revolver (produced), also the brush (produced) and said “These were found near the Showground. Mr McLeod claims them as his property.”

    To accused: Where the revolver and brush were found is a public road; McLeod claimed the billycan; I told you I was crossing it out and putting the boots in its place on the Saturday morning.

    Constable Laycock deposed: About 12.15 am on July 1st I saw Noonan near Cornish’s camp; I then went with him to where his swag was.

    To accused: You remained talking to me for some little time; you had your hands in your pockets; it was a cold night; you told me there was a billycan missing from your swag; the billycan (produced) was claimed by McLeod.

    To His Honor: Accused said the billycan was missing.

    Accused [John Noonan] elected to make a statement from the dock, and said: On the night of June 30th I was at the Royal Hotel from 8 to 10.30 pm. I left in company with Barber, who went away from me when we reached the lane. I walked about 200 yards towards another hotel when I met two or three other men and we bought a bottle of whisky. We went to a bridge a short distance away and remained there drinking until about 12.15. I then left for where I was camped. I did not see Barber again until about 1.30am, when he came with the Police and said I took him to the Showground under threat. Do you think gentlemen, it is reasonable a man would be brought there under threat and remain there while another man was inside the same house without making some attempt to get away? He never spoke to any of the men he saw about the revolver and said nothing to Waldron, Hanshaw or the other men about the threat? The evidence in parts is also ver conflicting. McLeod says he did see the revolver until July 12th, while the Sergeant says he showed it to him on July 1st. The billycan was entered up as McLeod’s and there has been no evidence given that it is not McLeod’s. The whole case rests largely on suspicion. I am in bad water with the Police in Grenfell. I never saw accused before. It is likely, I would enter on a robbery like this with an unknown man? I ask if there is any doubt, gentlemen, that I be given it.

    His Honor, in the course of a careful summing up, said the position was somewhat peculiar, as there was some slight evidence that Barber had acted as an accomplice. If the jury believed that it would be dangerous to convict the accused as the guilty man. He also impressed upon them their duty of giving accused the benefit of any reasonable doubt.

    At 12 o’clock the Jury retired, and at 3.30 returned with a verdict of “Guilty.”

    Accused was sentenced to nine months’ gaol, and to enter into a recognissance [sic] of £20 to be of good behaviour for three years after the expiration of his release.

~ ~ ~ ~ ~

The Grenfell Record and Lachlan District Advertiser, Thu 9 Aug 1928 27

GENERAL NEWS
————
“TO DEAL WITH THE
CARETAKER.”
————
STORY OF ARMED MAN.
————
MIDNIGHT AT GRENFELL
SHOWGROUND.
————

    “He said he’d blow me over.” …

    Covered by a revolver, Gordon Keith Barber was forced to accompany a burglar on a raid in Grenfell on June 30 last, he declared at the Cowra Quarter Sessions on Tuesday.

    John Noonan was charged that at Grenfell, on June 30, he did break and enter the house of George Hector McLeod and steal therefrom.

    He was charged alternatively with receiving stolen goods.

    Accused pleaded not guilty.

    Gordon Keith Barber, laborer, Grenfell, said that on June 30 last he met Noonan at 8 pm at the livery stables.

    “I had been drinking that day,” he said. “When I met him he was with Fred Lindley.”

    Later, about 10.30 o’clock, he saw Noonan again, and at the accused’s invitation he went with him to have a cup of tea.

REVOLVER UNDER CHIN.

    “When we got behind the showground,” declared witness, “he told me he was going to deal with the old caretaker; he showed me a revolver; told him I wasn’t going to be in it. He pushed the revolver under my chin and said if I didn’t come he’d blow me over; so I went.”

    Witness declared that he waited at the window of McLeod’s house, accused telling him to keep watch.

    Noonan handed certain articles through the window to him, and subsequently brought other things out.

    Mr Stacey: Did you see a billy can?—He took that from his swag.

    He took it to the house?—Yes.

    Did he say anything to you?—He was after McLeod’s money.

    What did he say?—These are not the things I’m after; I’m after the old codger’s money; he must have it here somewhere

“I’LL HAVE IT.”

    Noonan said that he understood witness was a horsebreaker, and he demanded that witness drive him to a spot 12 miles away. Witness told him that he did not own the turnout, which Noonan believed to be his. Noonan replied: “I don’t care whose it is, I’m going to have it.”

    “Three parts drunk,” was how witness described Noonan’s condition on the night.

    Later that night accused got into an argument with another man, witness hurried off and informed the police.

    Noonan: Where were you between the hours of 3 and 8 pm?—At the Royal Hotel.

    You say you were taken under the cover of a revolver?—That’s a fact.

    Why didn’t you go away from the window?—I was afraid you might blow me over.

    I had a torch, and you saw me moving about?—Yes.

    What time did you lay this information to the police?—A little after 12 o’clock.

    George Hector McLeod, mail contractor, said that on June 30 he had been caretaker at the showground.

DOORS LOCKED.

    When he left his house after dinner on that day, the doors were locked, but when he returned a little after 11 o’clock he found a bed turned upside down, and many articles, including a revolver and torch were missing.

    He recognised the property produced as his with the exception of a billy can. Investigation revealed that a rear window had been broken in.

    Noonan: The billy was entered up. as your property in the police court?—Yes.

    Was the revolver in your house that night?—When I left, yes.

    Frederick Joseph Lindley, groom at the Royal Hotel, Grenfell, said that he had seen Noonan and Barber at the stables on the night of June 30. He saw them go off together about 10.30 o’clock.

    Alfred Cornish, laborer, Grenfell, said that he rose between 7 and 8 o’clock on July 1, and found a revolver and torch near his camp on the showground. There was another man camping nearby.

    Noonan: Only one?—Yes.

    Alexander Waldron, horse trainer, Hospital Hill, Grenfell, said that on the night of June 30 a man called at his house and knocked at the door.

    Two other men were there; he believed one was Barber from the voice. It was about midnight.

    Noonan: Did you, in the lower lower [sic] court, swear that you called out to Barber?—Yes, I ordered him off the place.

    Martin Malcolm Hanshaw, butcher, declared that about midnight on June 30 he heard two men coming up the street swearing, and told them to be quiet. One of the men was Barber, but he did not know the other, nor would he know him again if he saw him.

    Noonan: When you spoke to Barber about swearing, did he say it was the man with the white dog?—No.

    Did you swear in the lower court that he did?—No.

NOONAN ASLEEP.

    Sergeant Tracey, stationed at Grenfell, said that as a result of a conversation with Barber on the

COWRA SESSIONS—Continued.

night of June 30 he went with Constable Flynn to the showground, where they found the articles produced.

    Later, an hour or more, he saw Noonan sleeping 200 yards away.

    Witness said, pointing at Barber, “This man informs me that you took him under threat of a revolver to McLeod’s house, and stole certain articles, handing them through the window to him.” Accused replied: “I know nothing about it.”

    Mr Stacey: You know Cornish’s camp. How far is it from where you found the articles?—Three hundred and fifty yards.

    Noonan: When you showed the revolver to McLeod did he claim it as his property?—Yes, as far as I can remember.

    Mr McLeod at first claimed the billy can as his?—Yes.

    You later crossed it off the list and substituted a pair of boots?—Yes.

    Constable Laycock said he had seen accused on the night in question.

HANDS IN POCKETS.

    Noonan: Did you see me throw anything away?—No, but I noticed that you had your hands in your pockets.

    It was a cold night, wasn’t it?—Yes.

    This closed the case for the Crown.

    Addressing the jury, Noonan said that he had left the hotel with Barber, who had parted company with him in a lane close by. He met more men, and drank until after midnight, when he went to his camp. He did not see Barber again until he came to witness’ camp with the police.

    Was it feasible that a man would remain outside a dwelling for twenty minutes under threat, while another man with a revolver was going through the house, giving ample opportunity to escape.

    “I’m in bad water with the police in Grenfell, and the whole thing is suspicion,” he said.

    Summing up, the Judge said that if the jury came to the conclusion that Barber was an accomplice, it would be dangerous to convict unless there was independent evidence of corroboration.

    There was evidence that the goods were stolen from McLeod’s; that the window was broken in, and that the goods not long after they were stolen were found near Noonan’s camp.

    Moreover, amongst those goods had been found a billy can, which Noonan claimed as his, but which he held had been stolen from him.

GUILTY.

    Accused was found guilty, and sentenced to nine months.

 

---

¹     The Colac Herald, (Vic), Fri 25 Oct 1912, p. 3. Emphasis added.

²     Offender McGillivray’s name is spelled in various ways and have been transcribed as found.

³     The Sydney Morning Herald, Sat 23 Oct 1915, p. 9.

⁴     The Sydney Morning Herald, Tue 4 Apr 1916, p. 5.

⁵     The Sydney Morning Herald, Wed 11 Oct 1916, p. 8.

⁶     There is a divorce file at SRNSW: divorce number 0575, year 1914.

⁷     SRNSW: NRS1998, [3/5967], Bathurst Gaol photographic description book, 1874-1930, No. 2516, p. 49, R5087.

⁸     Western Champion, (Parkes, NSW), Thu 8 Sep 1921, p. 16. Emphasis added.

⁹     Western Champion, (Parkes, NSW), Thu 13 Oct 1921, p. 12.

¹⁰   The Forbes Advocate, Fri 14 Oct 1921, p. 9. Emphasis added.

¹¹   The Sydney Morning Herald, Tue 18 Oct 1921, p. 10.

¹²   SRNSW: NRS1998, [3/5967], Bathurst Gaol photographic description book, 1874-1930, No. 2618, p. 154, R5087.

¹³   The Sydney Morning Herald, Sat 19 Nov 1921, p. 9.

¹⁴   The Illawarra Mercury, Fri 21 May 1926, p. 1. Emphasis added.

¹⁵   The Illawarra Mercury, Fri 28 May 1926, p. 2.

¹⁶   SRNSW: NRS2467, [3/6116], State Penitentiary photographic description book, 30 Dec 1925-2 Jun 1926, No. 21637, p. –.

¹⁷   Goulburn Evening Penny Post, Mon 13 Feb 1928, p. 2. Emphasis added.

¹⁸   SRNSW: NRS880, [9/7307], Supreme Court, Papers and depositions, Goulburn, 1928, No. 1. Emphasis added.

¹⁹   Goulburn Evening Penny Post, Mon 30 Apr 1928, p. 2. Emphasis added.

²⁰   SRNSW: NRS5736, [7/9899], Judiciary, JL Campbell, J. Notebooks Circuit Courts, 1922-29, p. 22.

²¹   Mr Justice James Lang Campbell born 28 Nov 1858 in Scotland came to Australia about 1865. Campbell was educated privately. While employed as a bank officer with the Australian Joint Stock Bank he read in the chambers of RE O’Connor and admitted to the Bar on 17 Aug 1886. He was acting secretary to the AG in 1887-88, then commenced private practice. Although successful, his forensic weapon was the bludgeon, not the rapier; his convoluted sentences were notorious, but so was his remarkable diligence. He became a standing counsel for the State taxation commissioners and for the Crown in closer settlement resumptions, taking silk in 1910. His appointment as Supreme Court judge in Aug 1922 was criticized because of his age [36]. The most distinguishing aspect of his judicial carrier was the fact that he failed to stand down at the statutory retiring age of seventy – he had publicly given his birth date as 1860. Campbell died at his home, Caradon, Woollahra, on 7 Dec 1936. ADB, 1891-1939, vol. 7, p. 550.

²²   Goulburn Evening Penny Post, Wed 2 May 1928, p. 2. Emphasis added.

²³   The Grenfell Record and Lachlan District Advertiser, Mon 2 Jul 1928, p. 2.

²⁴   The Grenfell Record and Lachlan District Advertiser, Thu 5 Jul 1928, p. 2. Emphasis added.

²⁵   The Grenfell Record and Lachlan District Advertiser, Thu 12 Jul 1928, p. 2.

²⁶   Cowra Free Press, Tue 7 Aug 1928, p. 3. Emphasis added.

²⁷   The Grenfell Record and Lachlan District Advertiser, Thu 9 Aug 1928, p. 5.

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