The Newcastle Sun, Sat 25 Sep 1920 ¹

SERIOUS CHARGES
———◦———
MAN AND BOY COMMITTED
————

    At the Newcastle Court this morning, Patrick Carroll (38), laborer, was committed for trial at the coming Circuit Court on a charge of indecent assault on Harold Howell, on September 24. The latter, a shop boy, aged 17, was committed on a trial charge of assaulting Carroll. The defence [sic] is alleged to have occurred on the sand near Honeysuckle station. Bail was allowed Carroll in self and another surety of £60. Howell was granted bail at self and another of £30.

~ ~ ~ ~ ~

Depositions for Harold Howell 6 Oct 1920 Newcastle & Patrick Carroll 2 May 1921 Maitland trials ²

(a) Town.	Letter from Bench of Magistrates at (a) Newcastle
	transmitting Depositions
(b) Name in full of accused.	in the case Rex v. (b) Patrick Carroll (1) and Rex v. Harold Howell (2)
(c) Offence.	(c) (1) Indecently assault Harold Howell. (2) Indecently assault Patrick Carroll
(d) Town.	Petty Sessions Office, (d) Newcastle
	25th September 1920.
	Sir, I have the honor, by direction of the Bench of Magistrates, to transmit herewith the Depositions, and other documents in the
(e) Name of accused	case of (e) Patrick Carroll and Harold Howell
(f) “His” or “her”	who has been committed to take (f) their
(g) “Circuit Court,” or  “Quarter Sessions.”	trial at the (g) Circuit Court
	to be held at (h) Newcastle	on Tuesday
(h) Town where Court  to be held.	the fifth day of October 1920.
	The accused is (i) Patrick Carroll is confined in the Gaol at Maitland. The accused Harold Howell has been admitted to bail, self £30 and his surety Joseph Henry Howell, of 9 Laman Street, Cook’s Hill, Draper’s Assistant, in the sum of £30.
(i) “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 Recognizance.)
(k) As in Recognizance, both for Crown and defence, specifying also what witnesses gave evidence but were not bound over, with reason for omission.	The Witnesses bound over are (k) is William McCloghry, Police Constable of Newcastle.
(l) Short description to enable identification.	The Exhibits enclosed are (l) is a statement made by the accused Harold Howell. (Marked 1.)
	I have the honor to be, Sir, Your obedient Servant,
	[Signed] A[lfred] G[eorge] Chiplin
	Clerk of Petty Sessions
The Under Secretary, Department of the Attorney General and 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
4g 201-90

~ ~ ~ ~ ~

[Notice of trial]

The Supreme Court of New South Wales
Criminal Jurisdiction                                 }

THE KING against Patrick Carroll

TAKE NOTICE, that at the Supreme Court, to be holden at the Court House in Maitland in the State of New South Wales, on Tuesday the third day of May next, at ten of the clock in the forenoon of the same day, an Indictment will be then and there filed on behalf of Our Sovereign Lord the King against you, on a charge of Indecent assault on a male person.

    And that you will on that day, or on a subsequent day, during the said sittings of the Court, be called upon to plead to the said Indictment, and take your trial upon the said charge.

Dated this thirtieth day of April in the year of our Lord one thousand nine hundred and twenty one.

[Signed] AE Withy
[for] Crown Solicitor

To Patrick Carroll
Maitland Gaol

~ ~ ~ ~ ~

[Subpoena] ³

New South Wales,
To Wit.                  }

GEORGE THE FIFTH, by the Grace of
God, of the United Kingdom of Great
Britain and Ireland, and of the British
Dominions beyond the Seas, King, Defender
of the Faith, Emperor of India.

To: Constable McCloghry, Newcastle; Harold Howell, No. 9 Laman Street Cooks Hill; John Cooper, Lambton Road Charlestown; Frank Rowe Lee, Minmi; John James Clarke, Constable, New Lambton; Ah Lim, Cardiff; Robert Bell Martin, No. 26 James Street, Merewether; Bernard Eddleston Drew, Livingstone Street, Merewether; Charles Spooner, Cardiff; Albert Newman, Burwood Street, Newcastle

    Greetings:–

We command you and every of you, firmly enjoining you, that laying aside all pretences and excuses whatsoever, you and every of you be and appear in your proper persons, before Our Justices assigned to hold Pleas before us, on Monday the thirtieth day of August instant next, by Nine of the Clock in the forenoon of the same day, at the Supreme Court in Our State of New South Wales, in the Court House situate in Darlinghurst Sydney there to testify the truth, and give evidence, on the part of the Crown, before Our said Justices, touching a certain information to be preferred against

Patrick Carroll

in a case of Sodomy
and that you so appear, from day to day, until the case is tried; and this you, or any, or either of you, are not to omit, under the penalty of One Hundred Pounds, to be levied upon your and every of your Goods and Chattels, Lands and Tenements, if you, or any, or either of you shall fail in the Premises.

    WITNESS the Honorable Sir William Portus Cullen, KCMG, Chief Justice of Our said Court, at Sydney, this sixth day of August in the sixth year of Our Reign, and in the year of Our Lord one thousand nine hundred and fifteen.

For the Prothonotary
C[harles] E[dwin] Parkinson
Clerk of the Supreme Court.

(Signed)
Crown Solicitor

~ ~ ~ ~ ~

Police Station Newcastle
1st May 1921.

Sergeant 2nd Class R Bell, Newcastle

Subject:– Subpoenas for service upon Constable McCloghry and Harold Howell, in case, Rex versus Carroll.
Reference:– Attached papers.

Please cause service.

[Signed] John Ramsey, Acting Inspector 3rd Class.

~ ~ ~ ~ ~

2.5.21.

Inspector Hood, Newcastle.

    I beg to report that I served a copy of the attached subpoena on Constable McCloghry, affidavit on original herewith.

    As the accused is pleading guilty, the other witness Howell is warned not to attend. Subpoena for Harold Howell herewith, not now required.

[Signed] Robert Bell, Sergeant 2nd Class.

~ ~ ~ ~ ~

3/5/21

The Superintendent of Police, West Maitland

    Forwarded for favour of having the attached subpoenas handed to the Deputy Clerk of the Peace at Maitland.

[Signed] Robert E Hood, Inspector 2nd Class.

~ ~ ~ ~ ~

Sergeant 3rd Class Hockley, East Maitland.

    Please hand the attached subpoenas to the Deputy Clerk of the Peace as requested.

[Signature illegible], Sergeant 3rd Class.

~ ~ ~ ~ ~

30/4/21

Constable McCloghry

Rex versus Carroll

    The case above referred to will come up on for hearing this Tuesday or Wednesday next. As accused is pleading guilty all witnesses should be notified not to attend. See to this. It will be necessary for you to attend.

[Signed] Robert E Hood, Inspector.

~ ~ ~ ~ ~

Office of the Clerk of the Peace,
Sydney, 15th April 1921

The Under-Secretary

Subject: Rex versus Patrick Carroll.

    The above named accused was for trial at the Supreme Court, Newcastle, on the 5th October last, but absconded from bail.

    He has now been re-arrested. I recommend the case be set down for hearing at the Supreme Court, Maitland, on the 29th instant, [handwritten note] now 2 May next.

[Initialled] AEW, Clerk of the Peace.

~ ~ ~ ~ ~

Police Station, Newcastle.
5th October, 1920.

Subject:– Patrick Carroll failing to appear at Newcastle Circuit Court this date.

Reference – Inspector Cook’s instructions.

Inspector Cook, Newcastle.

I beg to report that about 8.30 pm on the 24th ultimo I arrested Patrick Carroll and charged him with indecent assault on a male person at Newcastle. On the 25th ultimo he was brought before the Newcastle Police Court, and was there committed to take his trial at the Newcastle Circuit Court this date.

    Bail was granted in the sum of £60. Carroll was lodged in Maitland Gaol and was eventually released on bail. About 11 am on this date I went to the Weir’s boarding house, Hunter Street, Newcastle, and was informed by Mrs Weir that Carroll came to the place from gaol on or about the 28th ultimo, and remained there till the 30th ultimo, when he left stating that he was going to Sydney by the 9.15 am train that date; she also informed me that she did not again see Carroll until the 2nd instant when he came there and had dinner; immediately he had dinner he left and has not since been seen or heard of; his effects are still at Weir’s, and in the event of Carroll either sending or calling for them, Mrs Weir said that she would immediately inform the Police.

    I also made enquiries at No. 77 Charleton Street, Wickham where Carroll resided at the time of his arrest, and was informed there that Carroll has not been seen or heard of there since the time of his arrest. I have also made enquiries at other likely places at Newcastle, and up to the present I have been unable to find any trace of the above named offender. Carroll failed to answer to his bail at the Circuit Court when called today, and was apparently absconded.

[Signed] William McCloghry, Constable 2nd Class No. 9977.

~ ~ ~ ~ ~

5/10/20

Inspector Hood

    Please have this report brought under notice of the Honorable Mr Justice Pring. I understand that accused was released on his own cash bail of £60.

[Signed] John Cook, Inspector.

~ ~ ~ ~ ~

Police Station Newcastle.
24th September 1920.

    [Exhibit “1”] Harold Howell states:–

    I am a shop boy employed at the Government Railway Workshop, Honeysuckle Point, Newcastle, and I reside at 9 Laman Street, Cook’s Hill.

    I know Paddy Carroll he works at the wagon shop at the Railway Workshop, Honeysuckle Point. I have known him for about three years.

    About six months ago I met Paddy Carroll at Auckland Street, corner, and he asked me to take a walk. I went with him to a vacant piece of land opposite the Lee Wharf sheds. He said to me, “Lay down on the grass.” I lay down and he laid alongside of me. He then started to play with my penus [sic] and after a little while he said to me, “Take your trousers down.” I pulled my trousers down and he then got on top of me and had connections with me by putting his penus up my back passage. After he had done it to me I had connections with him. Since then Carroll and I have been meeting one another twice a week and on each time that we have met we have had connections one with the other.

    At about 8 pm tonight I met Carroll at Auckland Street corner, and we went down to the vacant block of land opposite the Lee Wharf. We lay down on the grass and Carroll said to me, “Will I gobble you off or will you ride me?” I replied, “Yes, anything you like.” He said, “I’ll gobble you off.” He then took out my penis and put it in his mouth and started to gobble me off, just as he was finishing the Policeman walked up and arrested the both of us and took us to the Newcastle Police Station.

    I make this statement voluntarily. I have read it over and its contents is true in every particular.

Witness:– Geo G Fergusson, Detective Sergeant, 3rd Class

[Signed] H Howell.

~ ~ ~ ~ ~

H.M. Gaol
Maitland, 30th September 1920.

The Court of Petty Sessions, Court House, Newcastle

    Herewith please find the Recognizance of and surety, which was lodged in cash, in the case of William Carroll, committed for trial at Newcastle, C.C. on the 5th proximo.

    Check for £60 amount paid by bondsman for prisoner Patrick Carroll to appear at the Circuit Court at Newcastle on 5th October 1920 is attached.

[Signed] JM Seery, Governor.

~ ~ ~ ~ ~

Recognizance of Bail on Committal for Trial.

State of New South Wales,
TO WIT.                                 }

Be it remembered, that on the 29th day of September, in the year of Our Lord one thousand nine hundred and twenty, Patrick Carroll of 77 Hunter Street West, Wickham, in the State of New South Wales, labourer, John Weir of 206 Hunter Street West, Newcastle in the said State, restaurant keeper personally came before me, the undersigned, one of His Majesty’s Justices of the Peace for the said State, and severally acknowledged themselves to owe Our Sovereign Lord the King the several sums following (that is to say); the said Patrick Carroll the sum of sixty pounds, and the said John Weir the sum of sixty pounds each, of good and lawful money of Great Britain, to be made and levied of their several goods and chattels, lands and tenements, respectively, respectively, to the use of our said Lord the King, his Heirs and Successors, if he the said Patrick Carroll shall fail in the condition indorsed. [Signed] P Carroll, J Weir.

Taken and acknowledged, the day and year first above mentioned, at East Maitland, in the said State, before me.
[Signed] F[rederick de Renzie] Duncan, JP.

CONDITION IN ORDINARY CASES.

    The condition of the within written Recognizance is such, that whereas the said Patrick Carroll was on the 25th day of September 1920, charged before WLB Brown, Esquire, one of His Majesty’s Justices of the Peace for the said State, with indecent assault if therefore the said Patrick Carroll will appear at the next Circuit Court to be holden at Newcastle in and for the State of New South Wales, on Tuesday the 5th day of October 1920, at nine of the clock in the forenoon, or at such other Court to be holden at such place and time as the Attorney General may appoint, of which such last mentioned Court the said Patrick Carroll shall receive due notice, and then and there surrender himself into the custody of the Keeper of the Gaol there, and plead to such information as may be filed against him for or in respect of the charge aforesaid, and take his trial upon the same, and not depart the said Court without leave, – then the said Recognizance to be void, or else to stand in full force and virtue.

[Signed] F Duncan, JP.

~ ~ ~ ~ ~

1.10.20

Inspector Hood

    There is not time to send these to Sydney in the usual way. Please hand to the Crown Prosecutor.

[Signed] John Cook, Inspector.

~ ~ ~ ~ ~

NEW SOUTH WALES POLICE.

North Eastern District,

Newcastle Station,
1st October, 1920.

Report relative to antecedents of:–

Name: Patrick Carroll
Offence: Indecent assault
Committed for Trial at: Newcastle Circuit Court
Date: 5th October 1920.

    I beg to report that offender arrived at Fremantle, Australia, in 1912. Towards the end of 1912 he came to New South Wales and commenced work as a labourer at Honeysuckle Railway Yards on the 24th January, 1913, and was employed there up to the day of his arrest. I have made enquiries at the Honeysuckle Railway Yards and find that offender bears a good character, both with his employers and employees. Inquiries have also been made at 77 Charlton Street, Wickham, where the offender resided up to the time of his arrest and find that he bears a good character. Offender is not known to the Newcastle Police and his fingerprints were forwarded to the Fingerprints, Sydney, and were returned unknown.

[Signed] William McCloghry, Constable 2nd Class No. 9977.

~ ~ ~ ~ ~

NEW SOUTH WALES POLICE.

North Eastern District,

Newcastle Station,
1st October 1920.

Report relative to antecedents of:–

Name: Harold Howell
Offence: Indecent assault
Committed for Trial at: Newcastle Circuit Court
Date: 5th October, 1920.

    I beg to report that offender was born at Wallsend, New South Wales and resided at the latter place until 1916, when he came to reside at Newcastle with his parents, and was employed as a billiard marker at the School of Arts, Newcastle, until January 1920, when he left to work as a shop boy at the Honeysuckle Railway Yards. I interviewed Mr Bradford, Secretary at the School of Arts, Newcastle and he informed me that he was a very steady boy, and had no cause to complain while he was employed there, I also interviewed the foreman whom the offender worked under at the Honeysuckle Yards, and he also informed me that he was a very good boy, and was surprised to hear of the boy’s conduct. The offender who is 17 years of age is unknown to the Police here, and his fingerprints has [sic] have been returned from the Fingerprint Department, Sydney, marked “Unknown.”

[Signed] William McCloghry, Constable 2nd Class No. 9977.

1

Depositions of Witnesses.

New South Wales,
TO WIT.                         }

The examination of William McCloghry of Newcastle, in the State of New South Wales, Police Constable, in the said State, taken on oath this 25th day of September in the year of Our Lord one thousand nine hundred and twenty at the Newcastle Police Office, in the said State, before the undersigned, one of His Majesty’s Stipendiary Magistrates and a Justice of the Peace in and for the said State, in the presence and hearing of Patrick Carroll who stands charged this day for that he the said Patrick Carroll on the 24th day of September in the year of Our Lord one thousand nine hundred and twenty at Newcastle, in the said State, indecently did assault Harold Howell a male person.

2

Depositions of Witnesses.

New South Wales,
TO WIT.                       }

The examination of William McCloghry of Newcastle, in the State of New South Wales, Police Constable in the said State, taken on oath this 25th day of September in the year of Our Lord one thousand nine hundred and twenty at the Newcastle Police Office, in the said State, before the undersigned, one of His Majesty’s Stipendiary Magistrates and a justice of the Peace in and for the said State, in the presence and hearing of Harold Howell who stands charged this day for that he the said Harold Howell on the 24th day of September in the year of Our Lord one thousand nine hundred and twenty at Newcastle, in the said State, indecently did assault Patrick Carroll a male person.

3

    William McCloghry sworn states:– I am a Constable of Police stationed at Newcastle. About 8.30 pm 24th instant I was walking along the wharf and saw two persons lying on the sand. I went across to where they were lying and when I got quite close I saw defdt Carroll with Howell’s penis in his mouth. I had to touch Carroll with my foot and he then started spitting out and put a set of false teeth in his mouth. I said to Carroll “What were you doing that to the boy for?” He said “I know it is wrong Constable. Let us go and I will never do it again. I will also leave the country.” I spoke to Howell and said “Why did you allow Carroll to do that?” Howell replied that it was at the other man’s suggestion. I conveyed them to the Newcastle Police Station and when we got to the Police Station I said to Howell “Would you like to make a statement?” He made a voluntary statement taken down in writing and read over in the presence of both defendants and signed by Howell. Carroll said “I have nothing to say.” In the presence of Carroll Howell said his statement was quite true. Statement ⁴ produced “Exhibit ‘1’.” [see above]

    No questions by either defendant.

[Signed] William McCloghry.

Taken and sworn at the Police Court, Newcastle, this 25th day of September 1920 before.
[Signed] W[alterus] L[e] B[run] Brown, SM.

4

(F. 2– “Justices Act, 1902.”)

Statement of the Accused.

State of New South Wales, Newcastle
TO WIT.                                                }

Patrick Carroll (hereinafter called the defendant) stands charged before the undersigned, Stipendiary Magistrate and one of His Majesty’s Justices of the Peace in and for the said State, this 25th day of September in the year of Our Lord one thousand nine hundred and twenty for that he, the said defendant, on the 24th day of September 1920, at Newcastle in the said State, indecently did assault Harold Howell a male person and the said charge being read to the said defendant, and the witnesses for the prosecution, William McCloghry, Police Constable of Newcastle, 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 Justice as follows:– “Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing, and may be given against you in evidence at your trial; and you are also informed, and are to clearly understand, that you have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to you to induce you to make any admission or confession of your guilt, but whatever you now say may be given in evidence against you upon your trial notwithstanding such promise or threat.” Whereupon the said defendant saith as follows:– “I have nothing to say.”

[Signed] Patrick J Carroll.

Taken before me and read over to the said defendant at Newcastle in the said State, the day and year first above mentioned.
[Signed] WLB Brown, SM.

5

(F. 2– “Justices Act, 1902.”)

Statement of the Accused.

State of New South Wales, Newcastle
TO WIT.                                                }

Harold Howell (hereinafter called the defendant) stands charged before the undersigned, Stipendiary Magistrate and one of His Majesty’s Justices of the Peace in and for the said State, this 25th day of September in the year of Our Lord one thousand nine hundred and twenty for that he, the said defendant, on the 24th day of September 1920 at Newcastle in the said State, indecently did assault Patrick Carroll a male person and the said charge being read to the said defendant, and the witnesses for the prosecution, William McCloghry, Police Constable, of Newcastle, 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 Justice as follows:– “Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing, and may be given against you in evidence at your trial; and you are also informed, and are to clearly understand, that you have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to you to induce you to make any admission or confession of your guilt, but whatever you now say may be given in evidence against you upon your trial notwithstanding such promise or threat.” Whereupon the said defendant saith as follows:– “I have nothing to say.” [Signed] H Howell.

Taken before me and read over to the said defendant at Newcastle in the said State, the day and year first above mentioned.
[Signed] WLB Brown, SM.

6

G. 190.

New South Wales, Newcastle
TO WIT.                                   }

REX.
versus
Patrick Carroll

Offence,— Indecent assault on a male person

    The accused stands committed to take his trial at the next Court of Circuit Court to be holden at Newcastle, in the State of New South Wales, on the fifth day of October 1920, or at such other Court to be holden at such place and time as the Attorney-General may appoint. Bail allowed the accused in £60 and two sureties in £30 each, or one in £60

[Signed] WLB Brown, SM

JP.

Dated at the Police
Office, Newcastle
in the said State,
this 25th
day of September
AD 1920.
4g 416 - 88

7

G. 190.

New South Wales, Newcastle
TO WIT.                                   }

REX.
versus
Harold Howell

Offence,— Indecent assault on a male person

    The accused stands committed to take his trial at the next Court of Circuit Court to be holden at Newcastle, in the State of New South Wales, on the fifth day of October 1920, or at such other Court to be holden at such place and time as the Attorney-General may appoint. Bail allowed the accused in £30 and two sureties in £15 each, or one in £30.

[Signed] WLB Brown, SM

JP.

Dated at the Police
Office, Newcastle
in the said State,
this 25th
day of September
AD 1920.
4g 416 - 88

8

“Justices Act, 1902.”

Recognizance to give Evidence.

State of New South Wales, Newcastle
TO WIT.                                                }

Be it remembered, that on the 25th day of September in the year of Our Lord one thousand nine hundred and twenty William McCloghry a Constable of the Police Force, stationed at Newcastle in the State of New South Wales, personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged himself to owe Our Sovereign Lord the King the sum of

FORTY POUNDS EACH,

of good and lawful money of Great Britain, to be made and levied of his goods and chattels, lands and tenements, respectively, to the use of our said Lord the King, his Heirs and Successors, if they the said before mentioned person shall fail in the condition indorsed.

[Signed] William McCloghry.

Taken and acknowledged, the day and year first above mentioned, at Newcastle in the said State, before me.
[Signed] G[ordon] L[indley] Berry, JP.

The condition of the within written Recognizance is such, that whereas one Patrick Carroll and Harold Howell was this day charged before WLB Brown Esquire SM and one of His Majesty’s Justices of the Peace for the said State, for indecent assault on a male person.

If, therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Newcastle in and for the State of New South Wales, on Tuesday the 5th day of October 1920, at nine of the clock in the forenoon, and then and there give such evidence as they know, upon an information to be then and there preferred against the said Patrick Carroll and Harold Howell for the offence aforesaid, to the jurors who shall pass upon the trial of the said Patrick Carroll and Harold Howell.

Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] GL Berry, JP.

9

Recognizance of Bail on Committal for Trial.

State of New South Wales, Newcastle
TO WIT.                                                }

Be it remembered, that on the 25th day of September in the year of Our Lord one thousand nine hundred and twenty, Harold Howell of 9 Laman Street Cook’s Hill, in the State of New South Wales, shop boy and Joseph Henry Howell of 9 Laman Street, Cook’s Hill, in the said State, draper’s assistant personally came before me, the undersigned, one of His Majesty’s Justices of the Peace for the said State, and severally acknowledged themselves to owe Our Sovereign Lord the King the several sums following (that is to say); the said Harold Howell the sum of thirty pounds; and the said Joseph Henry Howell the sum of thirty pounds each, of good and lawful money of Great Britain, to be made and levied of their several goods and chattels, lands and tenements, respectively, respectively, to the use of our said Lord the King, his Heirs and Successors, if he the said Joseph Henry Howell [sic] shall fail in the condition indorsed.

[Signed] H Howell, JH Howell.

Taken and acknowledged, the day and year first above mentioned, at Newcastle, in the said State, before me.
[Signed] G[eorge] P[enn] L[oan] Hungerford, JP.

CONDITION IN ORDINARY CASES.

The condition of the within written Recognizance is such, that whereas the said Harold Howell was on the 21st day of September 1920, charged before WLB Brown Esquire, one of His Majesty’s Justices of the Peace for the said State, with indecent assault if therefore the said Harold Howell will appear at the next Circuit Court to be holden at Newcastle in and for the State of New South Wales, on Tuesday the 5th day of October 1920, at nine of the clock in the forenoon, or at such other Court to be holden at such place and time as the Attorney General may appoint, of which such last mentioned Court the said Harold Howell shall receive due notice, and then and there surrender himself into the custody of the Keeper of the Gaol there, and plead to such information as may be filed against him for or in respect of the charge aforesaid, and take his trial upon the same, and not depart the said Court without leave, – then the said Recognizance to be void, or else to stand in full force and virtue.

[Signed] GPL Hungerford, JP.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Supreme Court.
Newcastle
5th October 1920
Maitland
2nd May 1921
AG’s No. 20/281
Depositions.
CS’s No. 6 13
Rex
v.
Patrick Carroll
and
Harold Howell
Indecent assault on a male
Committed at: Newcastle
on: 25th September 1920

~ ~ ~ ~ ~

Court. Newcastle
Date. 5th October 1920
Cor. Pring Judge.
Plea. Howell guilty; Carroll absconded
Verdict. √
Judgment. Howell– 6 months hard labour in Grafton gaol. Carroll– Recognizance estreated. Bench warrant to issue
LJ McKean
Crown Prosecutor
Rex v. Carroll
Court. Maitland
Date. 3rd May 1921
Cor. Cullen, CJ
Plea Guilty
Judgment. 18 months imprisonment with hard labour
H de B O’Reilly
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.

~ ~ ~ ~ ~

Carroll		Indecent assault on a male
Howell		Consenting to (?)

[Initial illegible]
29/9/20

Memo

    The case against Carroll was not proceeded with as he failed to answer to his bail. The police made diligent search for him during the morning of the 5th inst and were unable to trace him – see Report by Constable McCloghry of 5th October 1920.

    A warrant was signed by Pring J. on 6th 7th inst.
[Signed] LJ McKean
Crown Prosecutor
11.10.20

    Submitted to the Attorney General
[Initialled] A[lfred] E[rnest] W[ithy]
Acting Clerk of the Peace
12.10.20

~ ~ ~ ~ ~

Justice RD Pring’s notebook ⁵

1

Newcastle Sittings
Tuesday 5 October 1920
Mr McKean Crown Prosecutor
Rex v. Patrick Carroll and Harold Howell

45

[Newcastle] Wednesday 6 October 1920
R v Harold Howell – 24 September indecently assaulting Patrick Carroll [Section] 81.
Plea Guilty
McTague for accused
Sentence 6 months hard labour in Grafton Gaol

72

R v Patrick Carroll – indictment filed – accused does not appear
John Weir examined McKean. Surety for Carroll. That is my signature. I saw Carroll & the JP sign
Recognizance estreated. I grant warrant for arrest of Carroll.

~ ~ ~ ~ ~

The Newcastle Sun, Tue 5 Oct 1920 ⁶

MISSING PRISONER
———◦———
HAS HE ABSCONDED?
————

    When Patrick Carroll and Harold Newell [sic] were called at the Newcastle Circuit Court this morning, Carroll failed to appear. He is charged with indecent assault on Newell and was released on bail of £60. The case was allowed to stand down, and later Mr McTague, for Newell, said that his client intended to plead guilty and asked for him to be dealt with. He said he understood that the police were of the opinion that Carroll had absconded.

    Mr Justice Pring declined to deal with Newell till the police had reported on Carroll’s absence.

~ ~ ~ ~ ~

The Newcastle Sun, Wed 6 Oct 1920 ⁷

HOWELL’S MENTALITY
———◦———
“WEAK-WILLED LAD”
————

    Harold Howell (17) pleaded guilty at the Newcastle Circuit Court this morning to an indecent assault on Patrick Carroll. Mr McTague appeared for the accused, instructed by Mr Baker, and called evidence as to Howell’s character and susceptibility to influence.

    James Dickenson Starkey, foreman fitter and turner on the railways, said that Howell worked under his charge. He was a weak boy, and Carroll was the kind of man who would be likely to have a strong influence on him.

    Walter Bradford, secretary of the Newcastle School of Arts, said that Howell had been employed as a billiard marker for some time.

    Detective Ferguson stated that Howell had made full admission of his guilt. He appeared to be mentally deficient, and did not realise the seriousness of the offence. Carroll was a crafty sort of man.

    Dr Russell said that Howell was a weak-willed boy.

    The accused was remanded for sentence.

~ ~ ~ ~ ~

Newcastle Morning Herald and Miners’ Advocate, Thu 7 Oct 1920 ⁸

NEWCASTLE CIRCUIT COURT.
———◦———
Wednesday, October 6.
————
(Before his Honor Mr Justice Pring.)
————

    Mr LJ McKean, Crown Prosecutor.

    Harold Howell pleaded guilty to a charge of having, with Patrick Carroll, committed an offence at Newcastle on September 24. Mr McTague, instructed by Mr WH Baker, appeared for the accused, and called a number of witnesses, who gave evidence as to Howell’s mentality and character. Dr Russell, superintendent of the Mental Hospital, stated accused was lacking in intellect. Mr McTague asked that clemency be extended to prisoner. His Honor said he considered a short term of imprisonment was the best course because the discipline that would be meted out to accused in gaol might be of lasting benefit. Accused was accordingly sentenced to six months’ imprisonment with hard labour, in Grafton gaol.

    In connection with the non-appearance of Carroll the recognisance of £60 entered into by John Weir, restaurant keeper, was entreated, and a Bench warrant issued for the arrest of the accused.

~ ~ ~ ~ ~

Harold Howell, Gaol photo sheet template ⁹

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Gaol Photo Sheet - Transcribed Details

No. 1777

Date when Portrait was taken: 28 January 1921

Name: Harold Howell

Native place: NS Wales Year of birth: 20-11-1902 Arrived       Ship: – in Colony }   Year: – Trade or occupation previous to conviction  } Shop Boy Religion: Baptist Education, degree of: read & write Height: 5' 6" Weight     On committal: 120 in lbs     } On discharge: Colour of hair: Dark brown Colour of eyes: Grey

Marks or special features: Little finger right hand broken

(No. of previous Portrait ... )  CONVICTIONS
Where and When				Offence.	Sentence
Newcastle Q.S. [sic]	6	10	1920	Indecent assault on a male person	6 months HL

~ ~ ~ ~ ~

The Maitland Daily Mercury, Tue 29 Mar 1921 ¹⁰

OUR NEWCASTLE LETTER
———◦———
(From our Correspondent).
————

Newcastle, Tuesday.

…
    Patrick Carroll, who was committed to stand his trial at the Newcastle Circuit Court on October of last year on a serious charge, and did not surrender to his bail, was arrested in Brisbane during the week-end. Detective-Sergeant Ferguson has gone to Brisbane to apply for a remand of Carroll to Newcastle.

~ ~ ~ ~ ~

The Gosford Times and Wyong District Advocate, Thu 31 Mar 1921 ¹¹

NEWCASTLE NEWS.
———◦———
(From Our Correspondent.)
————

…
    Patrick Carroll, who was committed to stand his trial at the Newcastle Circuit Court in October of last year on a serious charge, and did not surrender to his bail, was arrested in Brisbane during last week-end.

~ ~ ~ ~ ~

Newcastle Morning Herald and Miners’ Advocate, Thu 31 Mar 1921 ¹²

QUEENSLAND.
————

Brisbane, Wednesday.

…
    Patrick Carroll, a middle-aged man, appeared at the Central Police Court in Brisbane this morning, charged with having absconded from his bail at Newcastle. Detective Senior-sergeant Ferguson, of Newcastle, produced a Bench warrant, issued by Mr Justice Pring, of the Supreme Court of New South Wales. The charge from which he is alleged to have absconded is that of assault. Mr Archdale, PM, ordered the defendant to be remanded to the Newcastle Police Court.

~ ~ ~ ~ ~

The Newcastle Sun, Sat 2 Apr 1921 ¹³

QUEENSLAND PRISONER

    Detective-sergeant Ferguson arrived back from Queensland this morning, bringing with him Patrick Carroll (43) laborer. At the Newcastle Court this morning, Carroll was charged with having failed to appear on bail to answer a charge of behaving in an unnatural manner. He was remanded.

~ ~ ~ ~ ~

The Maitland Daily Mercury, Mon 4 Apr 1921 ¹⁴

OUR NEWCASTLE LETTER
———◦———
(From our Correspondent).
————

Newcastle, Monday.

…
    Patrick Carroll (43), labourer, was charged at the police court with failing to appear I terms of his bail to answer a serious charge. Inspector Ramsay gave evidence that defendant was arrested in September of last years at Newcastle, and was committed fir trial at the October Criminal Court, but he did not appear, and a bench warrant was issued. A few days ago he was arrested in Brisbane, and witness asked that he be remanded to his former custody and committed to the Newcastle Quarter Sessions on May 16. The applications were granted.

~ ~ ~ ~ ~

Newcastle Morning Herald and Miners’ Advocate, Mon 4 Apr 1921 ¹⁵

NEWCASTLE POLICE COURT.
———◦———
Saturday, April 2.
————
(Before Mr W Le Brun Brown, SM.)

…

REMANDED TO FORMER CUSTODY.

    Patrick Carroll (43), labourer, was charged with failing to appear in terms of his bail to answer a serious charge. Inspector Ramsay gave evidence that defended was arrested in September of last year at Newcastle, and was committed for trial at the October Criminal Court, but he did not appear, and a Bench warrant was issued. A few days ago he was arrested in Brisbane, and witness asked that he be remanded to his former custody and committed to the Newcastle Quarter Sessions on May 16. The applications were granted.

~ ~ ~ ~ ~

Justice WP Cullen’s notebook ¹⁶

61

[Maitland Circuit Court, 2 May 1921]

R v Patrick Carroll – Indictment for indecent assault. (S. 81)
Time: 24 September 1920
Place: Newcastle NSW
Person: Harold Howell, a male person
Plea: guilty
Sentence deferred

94

[Maitland Circuit Court, 4 May 1921]

Patrick Carroll
References – Works manager government Railways 13 September 1916
Honeysuckle Point
Secretary to (?) ¹⁷ 18 October 1917
Central Methodist Mission 25 August 1918
De (?) Ltd Newcastle 26 August 1918
McC Scott’s Ltd Newcastle 23 August 1918
¹⁸ Dr Gardiner 28 August 1918

~ ~ ~ ~ ~

The Maitland Daily Mercury, Mon 2 May 1921 ¹⁹

CIRCUIT COURT.
———◦———
Monday, May 2.
————
(Before the Chief Justice).
————

    The Maitland Circuit Court opened at the East Maitland Courthouse today before the Chief Justice Sir William Cullen. Mr H de B O’Reilly was Crown Prosecutor, and he was instructed by the Crown Solicitors’ Office. GS Waller, Deputy Sheriff, occupied a seat beside his Honor.

JURYMEN EXCUSED.

    WH Pender was excused on account of illness from attendance on the jury during the sittings of the court, and on account of business reasons EW Sparke was excused today.

    Mr WJ Enright asked that WA Ross, G Pilgrim, and G Russell be excused for about two hours to-morrow morning. He stated that they were on the hospital committee, and had to meet a departmental officer on urgent business in connection with the hospital.

    His Honor, said it was public business and he thought he ought to excuse them. He would expect them to attend as early as possible.

~ ~ ~ ~ ~

Newcastle Morning Herald and Miners’ Advocate, Tue 3 May 1921 ²⁰

CIRCUIT COURT.
———◦———
Monday, May 2.
————
(Before the Chief Justice, Sir William Cullen.)
————

…

Tuesday, May 3.
————

    The sittings of the Maitland Circuit Court were resumed at the east Maitland Courthouse this morning.

PLEAS OF GUILTY.

…
    Patrick Carroll pleaded guilty to having at Newcastle on September 24, 1920, indecently assaulted Harold Howell.

    He was remanded for sentence.

~ ~ ~ ~ ~

Newcastle Morning Herald and Miners’ Advocate, Wed 4 May 1921 ²¹

MAITLAND DISTRICT.
———◦———
MAITLAND CIRCUIT COURT.
————

…
    The sittings of the Maitland Circuit Court were resumed at the East Maitland Courthouse yesterday before the Chief Justice, Sir William Cullen. Mr H de B O’Reilly, instructed by the Crown Solicitor’s Office, was Crown Prosecutor.

    His Honor announced that there would be no civil business taken before Thursday.

PLEAS OF GUILTY.

…
    Patrick Carroll pleaded guilty to having assaulted Harold Howell at Newcastle on September 24, 1920. Accused who was undefended, was remanded for sentence.

~ ~ ~ ~ ~

Newcastle Morning Herald and Miners’ Advocate, Thu 5 May 1921 ²²

MAITLAND DISTRICT.
———◦———
MAITLAND CIRCUIT COURT.
————

    The sittings of the Maitland Circuit Court were resumed at the courthouse, East Maitland, yesterday morning, before the Chief Justice, Sir William Cullen.

SENTENCES.

…
    Patrick Carroll was sentenced to 18 months hard labour for having committed an offence which his Honor described as a horrible one, and a gross outrage on public decency. Prisoner complained that he had engaged a lawyer in Newcastle to appear for him, but he had not appeared. He had paid the lawyer. His Honor replied that if prisoner’s statement were true, he had a remedy. If prisoner had no means to pay a solicitor on his behalf to go into the matter, the police should make inquiries.

~ ~ ~ ~ ~

The Maitland Weekly Mercury, Sat 7 May 1921 ²³

CIRCUIT COURT.
———◦———
Monday, May 2.
———
(Before the Chief Justice).
———

…

Tuesday, May 3.
———
PLEAS OF GUILTY.

…
    Patrick Carroll, who had pleaded guilty to having at Newcastle on September 24 [1920] indecently assaulted a boy, was brought up for sentence.

    Accused handed in a number of references.

    His Honor said the offence was a horrible one and was a gross outrage on public decency besides meaning the corruption of the boy. The sentence was 18 months hard labour.

~ ~ ~ ~ ~

Patrick Carroll, Gaol photo sheet ²⁴

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Gaol Photo Sheet - Transcribed Details

No. 17902

Date when Portrait was taken: 14-5-1921

Name: Patrick Carroll

Native place: Ireland Year of birth: 1882 Arrived       Ship: Mackwell in Colony }   Year: 1912 Trade or occupation previous to conviction  } Laborer Religion: R. C. Education, degree of: R & W Height: 5' 0" Weight     On committal: 138 in lbs     } On discharge: Colour of hair: Brown Colour of eyes: Brown

Marks or special features: Ring on right ring finger. Clasped hands inside right forearm - Star on right shoulder

(No. of previous Portrait ... )  CONVICTIONS
Where and When				Offence.	Sentence
Maitland CC	3	5	1921	Indecent assault on a male person	18 months HL

 

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¹     The Newcastle Sun, (NSW), Sat 25 Sep 1920, p. 7.

²     SRNSW: NRS880, [9/7261], Supreme Court, Papers and depositions, Maitland, 1921, No. 281. Emphasis added.

³     Five ‘Subpoenas’ were found in the file these have been combined into one.

⁴     Mn: Exhibit “1”

⁵     SRNSW: NRS7563, [7/9779], Judiciary, RD Pring, J. Notebooks Circuit, 1900-21, pp. 1, 45, 72. Emphasis added.

⁶     The Newcastle Sun, (NSW), Tue 5 Oct 1920, p. 5.

⁷     The Newcastle Sun, (NSW), Wed 6 Oct 1920, p. 4. Emphasis added.

⁸     Newcastle Morning Herald and Miners’ Advocate, Thu 7 Oct 1920, p. 7. Emphasis added.

9     SRNSW: NRS2327, [3/5990], Maitland Gaol photographic description book, 1875-1930, No.1777, p. 193, R5131.

¹⁰   The Maitland Daily Mercury, Tue 29 Mar 1921, p. 6.

¹¹   The Gosford Times and Wyong District Advocate, (NSW), 31 Mar May 1921, p. 9.

¹²   Newcastle Morning Herald and Miners’ Advocate, Thu 31 Mar 1921, p. 5.

¹³   The Newcastle Sun, (NSW), Sat 2 Apr 1921, p. 8.

¹⁴   The Maitland Daily Mercury, Mon 4 Apr 1921, p. 2.

¹⁵   Newcastle Morning Herald and Miners’ Advocate, Mon 4 Apr 1921, p. 7.

¹⁶   SRNSW: NRS5813, [7/9334], Judiciary, WP Cullen, CJ. Notebooks Circuit Criminal, 1910-23, pp. 61, 94.

¹⁷   Looks a little like Conolly.

¹⁸   Mn: Sentence 18 months imprisonment with hard labour Grafton Gaol

¹⁹   The Maitland Daily Mercury, Mon 2 May 1921, p. 2.

²⁰   Newcastle Morning Herald and Miners’ Advocate, Tue 3 May 1921, p. 4.

²¹   Newcastle Morning Herald and Miners’ Advocate, Wed 4 May 1921, p. 8.

²²   Newcastle Morning Herald and Miners’ Advocate, Thu 5 May 1921, p. 6. Emphasis added.

²³   The Maitland Weekly Mercury, Sat 7 May 1921, p. 5.

²⁴   SRNSW: NRS2467, [3/6105], State Penitentiary photographic description book, 9 Oct 1920-14 May 1921, No. 17902, p. 456.

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