1923, Norman Thomas James Wallis

Barrier Miner, Wed 4 Apr 1923 ¹

ALLEGED ASSAULT.
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THREE MEN CHARGED.

The police effected two arrests in connection with the alleged assault on Joseph Edward Plummer at the corner of Kaolin and Crystal streets on the morning of April 2. Mr Plummer reported to the police at about 4 o’clock on Monday morning that he had been assaulted by two men, who at first tried to commit an offence upon him and, when he resisted, savagely assaulted him. He was badly knocked about, and it was thought that his jaw was broken. The casualty ambulance was summoned. And he was taken to the Hospital where he is still an inmate.

At the Police Court this morning before Mr GA Stevenson, DSM, Norman Thomas James Wallis (22), Palmer Penderson (28), and Leslie Edward Maurice (24) were charged with maliciously inflicting grievous bodily harm upon Joseph Edward Plummer on April 2.

Sergeant Manns asked for a remand until Tuesday next to allow Detective Sergeant Gibson to make further inquiries. He asked for substantial bail on the grounds that the men were only new arrivals from Adelaide. Two of them acknowledged being at the place stated at the time of the assault.

A remand was granted until Tuesday next, bail being allowed each of the accused, self in £100, and one surety of £100 or two of £50.

Wallis: I do not think we can manage that much.

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The Sydney Morning Herald, Thu 5 Apr 1923 ²

COUNTRY NEWS.
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…
BROKEN HILL.—On Tuesday
…
The police have effects arrests in connection with alleged assault on Joseph Edward Plummer report to the police that at about 4 o’clock on Monday morning he had been assaulted by two men who at first tried to commit an offence upon him, and when he resisted savagely assaulted him. In the police court to-day Norman Thomas James Wallis, Palmer Penderson, and Leslie Edgar Mounce were charged with maliciously inflicting grievous bodily harm upon Joseph Edward Plummer. A remand until Tuesday next was granted, bail being allowed each of the accused in £100 and one surety of £100.

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Barrier Miner, Tue 10 Apr 1923 ³

EARLY MORNING ASSAULT
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TWO MEN DISCHARGED
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THIRD TO STAND TRIAL
FOR AN UNNATURAL OFFENCE.
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In the Police Court this morning, before Mr G[eorge] A[lfred] Stevenson, DSM, Norman Thomas James Wallis (22), Palmer Pederson (28), and Leslie Edgar Mounce (24) were charged on April 3, near the Miners’ Arms Hotel, maliciously inflicting grievous bodily harm upon Joseph Edward Plummer. Mr WP Blackmore appeared for Pederson.

Detective–Sergeant Gibson deposed that on April 5 he saw the accused Mounce in Argent-street. Accused came out of the bottle department of the Globe Hotel. Witness told Mounce that he answered the description of one of three men who assaulted a man named Plummer the previous day. Mounce said, “Do you mean the bloke that was wearing glasses?” and witness replied “Yes.” Mounce said, “I knocked him because I have never seen a white man do what he did.” Mounce said he knocked Plummer down several times. Mounce said he first met Plummer at the Adelaide Club Hotel in company with the other two accused. Mounce said that he and the other two accused resided at the Day-dream boarding-house. A few minutes later Mounce indicated the accused Wallis, and said Wallis was with him at the time of the assault. Wallis, in reply to questions, said that he was with Mounce early the previous day in front of the Miners’ Arms Hotel, when mounce and Wallis assaulted a man named Plummer. Wallis then gave the same reason for assaulting Plummer as was given by Mounce. Witness took the two accused to the corner of Bromide and Argent streets, where they met Constable Hill. They all went to the Daydream boarding-house. Witness went in search of the accused Pederson and found him in the back yard of the boarding-house. Pederson, in reply to questions, said that he was with Mounce and Wallis near the Miners’ Arms Hotel when a man wearing glasses was assaulted. Pederson said that he did not touch the man, but that Mounce assaulted the man. Wallis and the man who was assaulted went into a humpy together, and Mounce said he would to and see what they were doing. Mounce crept up to the humpy and then called Pederson. Pederson said he had never before seen white men do what they were doing. Mounce then knocked down the man who was wearing glasses. Constable Hill said that Wallis admitted taking Plummer’s handkerchief. Wallis, when asked what he had done with the handkerchief, said it was in his other coat in the bedroom. Wallis then went to his bedroom, and gave witness a silk handkerchief which he took from a grey suit which was hanging in the room. Wallis said he took Plummer’s handkerchief because he thought he might as well take it. At the Police Station when charged the three accused made statements which were taken down in writing by Constable Hill, and signed by them in witness’s presence.

The statements were read. Mounce is his statement, said that he and the other two accused and Plummer were together on the night of April 1. After midnight Wallis and Plummer left them and went to a humpy in Crystal-street. Mounce and Pederson walked on, but later Mounce returned to the humpy. Mounce then struck Plummer because of Plummer’s indecency.

Detective-Sergeant Gibson, continuing, deposed that after Mounce made his statement he called Wallis in and told him what Mounce had said regarding the position in which he had found Wallis and Plummer in the humpy. Wallis said that Mounce’s statement was correct, and that he had done it because he thought it was the best position to get Plummer in so that he (*Wallis) could knock him. On the morning of April 3 Plummer identified Mounce and Wallis as the men who had assaulted him. Plummer alleged that Wallis had attempted an unnatural offence. Wallis made no reply to Plummer’s accusation.. When charged Wallis and Mounce made no reply, but Pederson said he did not assault Plummer.

To Mr Blackmore: Witness knew nothing Plummer’s character.

Mr AC Houen, of the Hospital staff, deposed that early on the morning of April 2 Plummer was admitted to the Hospital. He was suffering with a swelling on the lower jaw, the left eye, and an abrasion on the nose. Plummer seemed to be dazed. The jaw was not broken. The injuries could have been caused by blows from a fist. There was no serious injury.

To Mr Blackmore: Witness did not notice traces of drink on Plummer.

Constable ALW Hill gave evidence which corroborated part of that given by Detective-Sergeant Gibson.

Constable Duckworth deposed that he saw Plummer trying to open the gate leading to the court at 3.45 am on April 2. Plummer made a complaint to him. Plummer, was bleeding from the nose, and seemed as if he had been knocked stupid.

Joseph Edward Plummer deposed that he resided at 380 Piper-street, South Broken Hill. On Sunday, April 1, he left his house at 7.10 pm and went to the Adelaide Club Hotel. He there saw the three accused. At the Adelaide Club Hotel accused Wallis sais “What about joining the Buffalo Lodge?” and witness replied: “No, I’m not too financial.” Witness and the accused had several drinks, and they left the Adelaide Club Hotel at about 11 pm. They then went towards Argent-street, where Pederson and Mouse left them for about 10 minutes. Witness and the three accused then went to the Crystal Hotel in Crystal-street. They awakened the barman and had several drinks. Witness drank shandies. They stayed at the Crystal Hotel for a couple of hours and left by the front door of the hotel. While in the hotel Mounce was sick. They left the Crystal Hotel about 1 am and went to the corner of Crystal and Kaolin-streets. Witness told the three accused that he was going home. Wallis said to witness “Are you coming in this humpy?” and witness replied “No.” Wallis then dragged him in and attempted to commit an unnatural offence. After about five minutes had elapsed accused Mounce came into the humpy and struck witness twice on the face, knocking him down. After witness came out of the humpy Mounce again struck him, knocking him down. Wallis also struck witness several times. Wallis called to witness to get up, but he replied, “If I do you’ll only knock me down again.” Witness only saw Wallis and Mounce when he was lying on the ground. While he was being assaulted he lost a watch, his glasses, and a silk handkerchief. Wallis took his handkerchief. After the accused left him he went to the Police Station and made a complaint to Constable Duckworth. Witness was in the Hospital from early Monday morning until the following Wednesday morning. Accused pederson did not assault witness.

To accused Wallis: Wallis did not strike witness as Mounce entered the humpy. If Wallis’s clothes were disarranged Mounce might have seen it. Witness was not drunk at the Crystal Hotel, neither were the three accused. Wallis offered witness a bed as it was so late and he had a long way to go. The other two accused could have seen Wallis dragging him towards the humpy. Witness was not lying down when Wallis took his handkerchief.

Accused Mounce did not ask any questions.

To the Magistrate: Witness did not go to the humpy willingly. Wallis dragged him into the humpy. Witness knew what Wallis wanted him to go to the humpy for. Witness resisted, but Wallis, although a little chap, was too strong for him. Witness was not drunk nor was Wallis.

John Flannagan deposed that he lived in a one-roomed place in Crystal-street. It was bright moonlight on the night of April 1. He was awakened a little before 3 am on April 2 by a disturbance and looking out saw a man lying on the ground with another man standing over him. The man standing up told the man on the ground to get up, but he replied that if he got up he would only knock him down again. He saw two men there at first, and later two more arrived, making four in all. He was 25ft away from the disturbance.

To the Magistrate: The disturbance had been going on for about a quarter of an hour before witness got up.

To Mr Blackmore: The other two men went straight back again, and one of them said, “Ask him if he’s got any money on him.”

The Magistrate: I will discharge Pederson, who, on the evidence, had nothing to do with the assault. I also discharge Mounce. Mounce may have assaulted Plummer, but he was justified in what he did owing to the attitude in which he found Wallis and Plummer when he went back to the humpy. Wallis is committed to stand his trial on the charge that he did attempt an unnatural offence on Jose Edward Plummer on or about April 2.

Wallis was allowed bail, self in £100 and one surety of £100 or two of £50 each.

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Barrier Daily Truth, Wed 11 Apr 1923 ⁴

SHOCKING CRIME ALLEGED.
ACCUSED MAN COMMITTED
TWO ACCUSED DISCHARGED.

In the Police Court yesterday morning before Mr GA Stevenson, Acting SM, Norman Thomas James Wallis (22), Palmer Pedersen (28), and Leslie Edgar Mounce (24), (on remand), were charged with maliciously inflicting grievous bodily harm on Edward Plummer on April 2.

Mr WP Blackmore appeared for Pederson.

Broken Hill, Argent Street, looking south, Jul 1906. Image: NSW State Library collection. Reproduction: Peter de Waal — Broken Hill, Argent Street, looking south, Jul 1906.
Image: NSW State Library collection. Reproduction: Peter de Waal

Detective-Sergeant Gibson deposed that, about 5.45 pm on April 3 he saw Mounce in Argent Street and told him that he answered the description of one of three men who were alleged to have assaulted a man name Plummer early the previous morning. Mounce said, “You mean the bloke that was wearing the glasses?” Witness said, “Yes.” Mounce replied, “Yes; the dirty -----; I knocked him.” “Why,” asked witness? Mounce replied. “I never saw a white man do what he did; he wanted my mate to ----- him.” Witness asked how many times Mounce knocked Plummer down and said “a good many.” Witness asked Plummer if his two mates were with him when they first met Plummer and he said they were. Shortly after Wallis came along and witness called him. Witness asked Wallis if he was a mate of Mounce’s and he said he was. Witness then told Wallis what Mounce had told him and he agreed that it was right. Witness then took both Wallis and Mounce to the corner of Bromide and Argent Street, where they met Constable Hill. The party then visited the Day Dream boarding house where Mounce and Wallis said they lived. Witness went through the house alone looking for Pedersen and found him in the yard. In reply to questions by witness Pedersen said that he did not touch Plummer, but Mounce knocked him down. They first met Plummer at the Adelaide Club Hotel, but later in the night Wallis went to a humpy with him. Mounce went to see what they were doing then called him, Pedersen, to see what was going on. What they saw he never saw white men do before. Witness and Pedersen joined the others when Constable Hill said that Wallis admitted taking Plummer’s handkerchief. Witness asked Wallis where it was and he said it was in another coat in his room. Witness took Wallis into the room and Wallis took the handkerchief from the pocket of a grey coat which he said he had worn at the time of the assault. Asked how he came to have the handkerchief, Wallis said he thought he might as well take it. The party then adjourned to the Police Station and each of the three accused made and signed statements (read in court). Mounce and Pedersen’s statement s said that the three accused and Plummer met at the Adelaide Club Hotel on Sunday night April1. They had a number of drinks there and later adjourned to the Crystal Hotel. Then Wallis and Plummer adjourned to a humpy in Crystal Street, off Kaolin Street, and behaved indecently, and a little later Mounce assaulted Plummer, Wallis’ statement agreed with the others, but said the compromising position he and Plummer were in was invited by Plummer, and he (Wallis) agreed to it. Continuing, witness said that after the statements had been made, he read Mounce’s statement to Wallis. Wallis agreed that it was correct; then witness inquired why he got into that compromising position. Wallis replied that he thought it was the best way to “get him.” The following morning in the police station yard Plummer picked out Mounce and Wallis as the men that assaulted him. Asked what happened, Plummer said that Wallis was wholly responsible for the compromising position he and Wallis were seen in by the other two; Wallis having used force; Wallis did not reply. Witness produced clothing worn by Plummer and a silver watch given to him by Constable Hill. The clothing was torn and blood-stained.

To Mr Blackmore: Witness did not know anything about Plummer’s character, but knew he had been a resident of the town for a number of years.

To Wallis: Witness did not take the handkerchief from the grey coat but Wallis did.

Dr [Antonio Charles] Houen deposed that he admitted Plummer to the Hospital early on the morning of April 2. Plummer was suffering from a bruised left eye, an abrasion on the nose and a heavy swelling and bruising of the jaw. A fist might have been responsible for his condition.

To Mr Blackmore: Witness did not notice signs of drink about Plummer.

Constable Hill corroborated his senior and said that he examined the spot where the assault was alleged to have taken place and saw sings as though a struggle had taken place there, also a silver watch.

Constable [Ernest Henry] Duckworth deposed that he saw Plummer trying to open the gate of the Courthouse about 3.45 am on April 2. Plummer was bleeding from the nose and mouth and told witness that he had been assaulted. Witness called the ambulance and took Plummer to the Hospital. Plummer seemed to have been knocked stupid.

Joseph Edward Plummer deposed that he lived at 380 Piper Street, South Broken Hill. Easter Sunday night he was at the Adelaide Club Hotel and met the three accused there. Wallis put it up to him about journeying to the Buffalo Club, but witness said he was not financial enough. They all had several drinks together and left the hotel about 11.30 pm. They then went to the Crystal Hotel, went inside and woke the bar man. Several drinks were partaken of, the party staying there a couple of hours. In the hotel Mounce was suffering from a dry reach. They went to the corner of Crystal and Kaolin Streets, then witness said he would go for home. Wallis asked him to go into a humpy close by, but he refused and started to go home. Wallis got hold of him and forcibly dragged him into the humpy, undid some of his clothing and attempted to indecently assault him (The witness gave minute details). While there Mounce came on the scene and hit witness between the eyes. That freed witness from Wallis and he rushed outside, but Mounce and Wallis continued to assault him and knocked him down several times. He did not notice Pedersen take part in the assault. Witness lost a watch and a pair of glasses and handkerchief, and his braces and clothing were torn. The watch produced was the one he lost. Witness later saw Constable Duckworth and was taken to the Hospital where he remained for three days.

To Mr Blackmore: Witness did not spend any money at the Crystal Hotel.

Wallis submitted the witness to a lengthy cross-examination, endeavoring [sic] to show that the witness courted the indecent assault, but the witness stuck to his main story.

Mounce asked no questions.

To the SM: Witness did not go to the humpy willingly. He was not strong enough to resist Wallis. He did not think he was drunk; he would not say any of the party were drunk.

John Flanagan deposed that he lived at 5 Kaolin Street, a one-room humpy. He heard the party making a row near his place about 3 am and it being moonlight he had a look out. He saw Plummer assaulted but took no action. He could not recognise any of the men, but one wore a grey cap.

To the SM: The disturbance lasted about 20 minutes.

To Mr Blackmore: He heard one of the men say “See if he has any money on him.”

Pedersen and Mounce were discharged. Mr Stevenson said that any assault Mounce may have committed was largely justified by the attitude in which he saw Wallis and Plummer.

Wallis was committed for trial at the Circuit Court on April 27 on the following charge:– That he did attempt to commit the crime of buggery on James Edward Plummer on or about April 2.

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The Register, Wed 11 Apr 1923 ⁵

AN EASTER ASSAULT CASE

Broken Hill, April10.

An alleged assault on a man named Joseph Edward Plummer in the early hours of Easter Monday had its sequel in the Police Court to-day, when three men were charged with having inflicted grievous bodily harm upon Plummer. The accused were:—Norman Thomas James Wallis (22), Palmer Pederson (28), and Leslie Edgar Mounce (24).

The Magistrate discharged Pederson, and also discharged Mounce, stating that Mounce might have assaulted Plummer but was justified because of the position in which he found Wallis and Plummer. Wallis was committed for trial on the charge of having committed an offence upon Plummer. Bail was allowed, Wallis £100 and a surety of similar amount.

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Barrier Miner, Thu 12 Apr 1923 ⁶

PUBLIC NOTICES.

DENIAL OF STATEMENT.

————

Those connected with the Wallis and Plummer Case are Not Known in Buffalo Circles in Broken Hill. Neither Club nor Lodges have any record of the names.

AL GARRARD.

Secretary Buffalo Club.

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Barrier Miner, Sat 14 Apr 1923 ⁷

BUFFALO LODGE MEMBERSHIP
———◦———
To the Editor.

Sir,—Re the notice that appeared in the “Miner” on Thursday about Wallis or Plummer not being on the books of either the Buffalo Club or any of the Buffalo lodges in Broken Hill. That is a long way from the fact, because Wallis is a member of one of the lodges; so Mr Garrard wants to make sure before he starts making such statements. My opinion is that instead of trying to help a brother in trouble they would sooner put the boot in. Mr Garrard wants to remember that everybody is innocent until proved guilty.

I am, etc.
R Foulis.

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Depositions for Norman Thomas James Wallis 27 Apr 1923 Broken Hill trial ⁸

Wallis	Sodomy
Plummer	Kaolin Street empty humpies, dragged in, undid trousers, button off lifted shirt, made stoop head to wall, what is it, knock you or fuck you, penis between legs, rubbed my penis for Mounce, brushed me, Wallis assaulted me, watch and handkerchief, hospital.
Mounce	Wallis & Pl crossed street to humpys, looked through hole, now Plummer stooping just inside door head to wall, trousers down, shirt over back, Wallis behind him, hand on or (near ?) Back, “White men don’t”,Wallis, I’ll fuck him or knock him.
Petersen	Saw struggle.
Flanagan	Saw the man with glasses outside humpy, pants round boots.
Const Hill	Arrest, search spot, found watch.
Const Duckworth	Saw Plummer outside Court, damaged.
Const Gibson	Conversation.

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(a) Town.	Letter from Bench of Magistrates at ^(a) Broken Hill
	transmitting Depositions
(b) Name in full of accused.	in the case Rex v. ^(b) Norman Thomas James Wallis
(c) Offence.	^(c) Assault with intent to commit buggery
(d) Town.	Petty Sessions Office, ^(d) Broken Hill
	10th April 1923
	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) Norman Thomas James Wallis
(f) “His” or “her”	who has been committed to take ^(f) his
(g) “Circuit Court,” or “Quarter Sessions.”	trial at the ^(g) Circuit Court
	to be held at ^(h) Broken Hill	on Friday
(h) Town where Court to be held.	the 27^th day of April 1923
	The accused is ⁽ⁱ⁾ confined in the gaol at Broken Hill
(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) Morton Gibson, Detective Sergeant of Police stationed at Broken Hill, Allan Leslie Wilmot Hill, Constable of Police stationed at Broken Hill, Ernest Henry Duckworth, Constable of Police stationed at Broken Hill, Joseph Edward Plummer, Labourer of 380 Piper Street South Broken Hill, and John Flanagan of 5 Kaolin Street, Broken Hill, Labourer. Antonio Charles Houen, Resident Medical Officer of the Broken Hill Hospital, gave evidence but was not bound over, as his evidence, respecting the charge for which the accused was committed, was considered immaterial by the committing Magistrate.
(l) Short description to enable identification.	The Exhibits enclosed are ^(l) The exhibit enclosed is Exhibit “B” (Statement in writing by the accused and a statement by Palmer Pedersen and Leslie Edgar Mounce).
	I have the honor to be, Sir, Your obedient Servant,
	[Signed] C[live] Pickup
	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

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NEW SOUTH WALES POLICE.

Broken Hill District,

Broken Hill Station,
12th April 1923.

Report relative to antecedents of:–
Name: Norman Thomas James Wallis
Offence: Assault with intent to commit buggery.
Committed for Trial at: Broken Hill Circuit Court.
Date: 27th April, 1923.

I beg to report that the above named accused is single and at the time of his arrest he was residing at the Day-Dream Boarding House, Argent Street, Broken Hill. He follows the occupation of a labourer and has resided here for about three months. He is a native of South Australia, and prior to his arrival in Broken Hill he resided at Adelaide, where his parents are at present residing.

His associates have been men of the ordinary working class, and so far as can be ascertained there is nothing known against his character. Inquiries are being made at Adelaide with a view of ascertaining if there are any convictions recorded against him in South Australia.

[Signed] Morton Gibson, Detective Sergeant 1st Class.

Depositions of Witnesses.

New South Wales, Broken Hill
TO WIT. }

The examination of Morton Gibson Detective Sergeant of Police of Broken Hill in the State of New South Wales, Alan Leslie Wilmot Hill, Constable of Police of Broken Hill aforesaid, Ernest Henry Duckworth, Constable of Police of Broken Hill aforesaid, Joseph Edward Plummer, labourer, of 380 Piper Street South Broken Hill in the said State, Antonio Charles Houen, Resident Medical Officer of the Broken Hill Hospital at Broken Hill aforesaid, and John Flanagan of 5 Kaolin Street, Broken Hill in the said State, labourer taken on oath this 10th day of April in the year of Our Lord one thousand nine hundred and twenty three at the Broken Hill Police Office, in the said State, before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State and Deputy Stipendiary Magistrate for the Police District of Broken Hill in the State aforesaid, in the presence and hearing of Norman Thomas James Wallis who is charged this day before me for that he the said Norman Thomas James Wallis on the 2nd day of April in the year of Our Lord one thousand nine hundred and twenty three at Broken Hill in the said State, did assault Joseph Edward Plummer with intent wickedly and against the order of nature to commit the abominable crime of buggery with the said Joseph Edward Plummer.

[Signed] GA Stevenson, DSM, Broken Hill, 10th April, 1923.

This Deponent having been duly sworn states:– my name is Morton Gibson and I am a Detective Sergeant of Police stationed at Broken Hill. About 5.45 pm on Tuesday the 3rd instant I saw the accused Mounce in Argent Street Broken Hill. He came out of the bottle department of the Globe Hotel. I said to him “What is your name?” He replied “Leslie Mounce.” I said, “Where do you reside?” He replied “At the Day-Dream Boarding House”. I said “You answer the description of one of three men who assaulted a man named Plummer early yesterday morning.” I said “Plummer was dressed in a dark suit and wore glasses.” He said “You mean the bloke that was wearing the glasses?” I said “Yes.” He said “Yes, the dirty bugger. I knocked him.” I said “How did you come to knock him?” He said “I never saw a white man do what he did.” He said “He wanted my mate to fuck him.” I said “How many times did you assault him?” He replied “I don’t know, a good many times.” I said “Did you knock him down?” He replied “Yes.” I said “Plummer tells me that he first met you at the Adelaide Club Hotel”. He replied “Yes.” I said “Were your two mates with you when you met him at the hotel?” He replied “Yes.” I said “Who are your mates?” He replied “Two chaps who are staying at the same boarding house.” I said “Where are they now?” He looked round and said “Here’s one of them coming across the street now,” and he pointed to the accused Wallis, who was walking towards the Day-Dream Boarding House from the opposite side of the street. I spoke to Wallis and said “What is your name?” He said “Wallis.” I said “Do you stay at the Day-Dream Boarding House?” He said “Yes.” I said “Is this man,” pointing to Mounce, “a mate of yours?” He replied “Yes.” I said “Mounce informs me that you and he assaulted a man named Plummer early yesterday morning in front of the Miners Arms Hotel in Kaolin Street.” He said “Yes, that’s right.” I said “How many times did you assault him?”

He replied “Three or four times.” I said “How did you come to assault him?” He replied “He’s a queen and he wanted me to fuck him.” I said to him “I will fuck you or knock you.” I said “Were you wearing a grey suit last night?” He replied “Yes.” I then took both of the accused to the corner of Bromide and Argent Streets and there met Constable Hill. The two accused and myself and Constable Hill then visited the Day-Dream Boarding House situated three doors south past the Globe Hotel in Argent Street. I left the two accused Wallis and Mounce with Constable Hill and I went and searched for the accused Pedersen, I found him in the back yard of the boarding house. I said to him “What is your name?” He replied “Pedersen.” I said “I want to have an interview with you” Pedersen and myself then went into his bedroom. I said “Were you with two chaps from the boarding house early yesterday morning near the Miners’ Arms Hotel?” He replied “Yes.” I said “Did the three of you assault a man there, a man who was wearing glasses and a black suit?” He replied “No, I never touched him.” I said “Did either of the other chaps assault him?” He replied “Yes, the little fair bloke,” meaning Mounce, “he knocked him down.” I said “How did he come to do that?” He said “The bloke with the glasses and the little dark fellow,” meaning Wallis, “went into a humpy together and the little fair bloke said ‘I’ll go back and see what they’re doing.’ He said he crept up alongside the humpy and then called me.” He said “I never saw white men do this before.” He said “He hit the bloke with the glasses and knocked him down.” I said “Did you see Wallis strike this man?” He said “No I did not see him.” The three accused were then brought to the Police Station. Before leaving the boarding house Constable Hill said “Wallis admits taking Plummer’s handkerchief.” I said to Wallis “Where is the

handkerchief?” He replied “It’s in my other coat in the bedroom.” I went into the bedroom and he handed me a silk handkerchief which I now produce (Exhibit “A”). He took the handkerchief from the coat pocket of a grey suit that was hanging in the room. I said “Is this the grey suit you were wearing yesterday morning?” He replied “Yes.” … I said “How did you come to take Plummer’s handkerchief?” He said “I thought I might as well take it.” The three accused were brought to the Police Station and the three of them were cautioned and they made statements which were taken down in writing by Constable Hill. They were signed in my presence.

I produce those statements (Exhibit “B”). After Mounce made the statement produced I called Wallis into the room, into my office, and read Mounce’s statement to him. I again cautioned him. I said “Mounce states that the man with the glasses was standing with his head against the wall, and had his trousers down, and his shirt up over his back, and that when he came along you were standing behind him.” I said “Is that correct?” He replied “Yes.” I said “What were your reasons for having that man standing in that position?” He said “I thought that the best way to get him so I could knock him.” On the following day the three accused were in the exercise yard at the Police Station and the man named Plummer identified them as the three men who were with him on the Monday morning previous. I said to Plummer “Which of the man assaulted you?” He pointed to the accused Mounce and Wallis. I said “What did Wallis do to you?” He replied “He took my trousers down and placed his person between my legs.” Wallis made no reply to that. The three accused were afterwards charged with the present offence. Wallis and Mounce made no reply. Pedersen said “I don’t understand the charge.” I read the charge to him the second time. He replied “I didn’t do it.” I produce a shirt, and a pair of braces (Exhibit “C”) also a silver watch.(Exhibit “D”). The first exhibit was handed to me by Plummer at the hospital at. [sic] The watch was handed to me by

Constable Hill.

By Mr Blackmore: I know nothing about Plummer. I believe he has been in Broken Hill for a number of years. Pedersen was quite candid about the matter.

By Wallis: You did not take the handkerchief out of a black suit. I felt the pockets of your suit but you handed me the handkerchief. When you were in the lock up I told you that you need not answer questions.

No questions by Mounce.

[Signed] Morton Gibson.

Taken and sworn at Broken Hill, this 10th day of April 1923, before me.
[Signed] GA Stevenson, DSM.

This Deponent having been duly sworn states:– My name is Antonio Charles Houen, and I am the Resident Medical Officer of the Broken Hill Hospital. I remember the morning of the 2nd instant. A man named Plummer was taken to the hospital. He was admitted in the early hours of the morning. He had a slight swelling over his left eye which was bruised and he had a swelling around his lower jaw which was also bruised and he had a slight abrasion on the nose. He seemed a bit dazed. The skin was not broken at all. There was no serious injury. Those abrasions could have been caused by the blow from a fist.

By Mr Blackmore : I did not notice that he was suffering from the effects of drink. I saw him about 5 o’clock in the morning or thereabouts.

No questions by Wallis nor Mounce.

By Mr Gibson (Sergeant): I did not examine the body of the man Plummer.

[Signed] AE Houen.

Taken and sworn at brh, this 10th day of April 1923, before me.
[Signed] GA Stevenson, DSM.

This Deponent having been duly sworn states:– My name is Alan Leslie Wilmot Hill and I am a Constable of Police stationed at Broken Hill. About 6 pm on Tuesday last the 3rd instant I saw the two accused Wallis and Mounce. They were standing on the footpath with Detective Sergeant Gibson near the Globe Hotel in Argent Street. Sergeant Gibson said “These are the two men we have been looking for.” He said this in the presence of the accused. We visited the Day-Dream Boarding House. I remained with the two accused and Sergeant Gibson went into the boarding house. He later called out and I took the two accused to a bedroom. I saw the accused Pedersen there. Sergeant Gibson said to him “Are these the two men you referred to?” He replied “Yes.” I said to Sergeant Gibson “Wallis tells me that he took Plummer’s handkerchief and that he has it in his bedroom.” Sergeant Gibson said to the accused “Is that right?” He replied “Yes.” He then took the three accused to the Police Station. They were cautioned and they each made statements. (Exhibit “B”). They were afterwards charged and Pedersen said “I didn’t do it.” About 9 am on Monday the 2nd instant I visited a spot in Kaolin Street near Crystal Lane. There are three empty humpies there. I made a search in the vicinity. I noticed the earth was disturbed in three different places as if a struggle had taken place. There were blood spots on the grass stone. Close by I found the watch (Exhibit “D”). The watch was amongst some weeds. I was present when Plummer identified the three accused in the exercise yard on the 4th instant. Sergeant Gibson said to Plummer “What did Wallis do to you?” Plummer said “He undone my braces, and his shirt up over his back and placed his person between my legs.”

By Mr Blackmore : Plummer said Pedersen was there but he did not interfere with him.

By accused Wallis: You said that you had had drinks.

No questions by Mounce.

[Signed] Alan LW Hill, Constable.

Taken and sworn at Broken Hill, this 10th day of April 1923 before me.
[Signed] GA Stevenson, DSM.

This Deponent having been duly sworn states:– My name is Ernest Henry Duckworth and I am a Constable of Police stationed at Broken Hill. On the 2nd instant I saw a man named Joseph Edward Plummer. He was trying to get into the Court House when I first saw him. He made a complaint to me. He was bleeding from the nose and mouth and his eyes were all puffed. I afterwards conveyed him to the hospital in the ambulance. I first saw him at 3.45 am.

By Mr Blackmore : He did not seem as if he had been drinking. He seemed as if he was knocked stupid.

No questions by accused Wallis nor Mounce.

[Signed] EH Duckworth.

Taken and sworn at Broken Hill, this 10th day of April 1923 before me.
[Signed] GA Stevenson, DSM.

This Deponent having been duly sworn states:– My name is Joseph Edward Plummer, and I am a labourer and reside at 380 Piper Street, South Broken Hill. I remember Easter Sunday the 1st instant. I left home on that day about 10 past 7. I came into Broken Hill and went to the Adelaide Club Hotel. I arrived there about a quarter to eight. I see the three accused in Court. I first met them at that hotel. Wallis had a cap and a flannel on him when I met him. He also had a grey suit on. I had a conversation with him. He said to me “What about joining the Buffalo Lodge?” I said “No, I am not too financial.” I had several drinks there with the three accused. I left the Adelaide Club Hotel about half past eleven. The three accused left with me. We then went towards the corner of Argent and Bromide Streets. The big fellow, Pedersen and the fair chap Mounce left me for about five minutes. They joined us again and we visited the Crystal Hotel in Crystal Street. The four of us went there together. We went into the hotel. They woke the barman up there. We had several drinks at the Crystal Hotel. I was drinking shandies. We stayed there a couple of hours. We let the hotel by the front door leading into Crystal Street. Mounce had a sort of a dry ‘retch’ in the hotel, he was sick. He was sitting down alongside the bar. We left the hotel about 1 o’clock and went to the corner of Crystal and Kaolin Streets. We went near a hotel. We had a conversation there. I said “I’m going home.” We were on the far side of Kaolin Street then. There were a few empty humpies close by then. Wallis then said to me “Are you coming in?” I said “No, I’m going home.” He then dragged me into a humpy. On arriving in the humpy he undone my trousers, and my braces. He undone them front and back. He ripped my fly open. He pulled one of the buttons off the ‘fly’ of my pants.

He lifted my shirt up over my back. He then made me stoop with my head against the wall. My trousers were right down then. He said to me then “What is it, knock you or fuck you?” He took out his penis and put it between my legs and tried to put it in in [sic] my back passage. He also caught hold of my penis and started rubbing it up and down. I was kept in that position about five minutes. The fair chap Mounce then came up and knocked me. He hit me on the jaw and between the eyes. I was in the building then. I came out of the building then. Mounce struck me again several times. When he struck me I fell over. Wallis then assaulted me. He assaulted me 3 or 4 times. He knocked me down. When I was on the ground Wallis said “Get up.” I said “If I get up you will only knock me down.” I never noticed if Pedersen was there then. There were four of us there together then. When I was lying on the ground I only saw two of them. When I was assaulted I lost a watch, a pair of glasses and braces. The braces were put in my pocket, I did not lose them. I see the watch (Exhibit “D”) that is my property. The handkerchief (Exhibit “A”) is my property. Wallis took the handkerchief from me. I got up from the ground eventually and reported the matter to Constable Duckworth and he afterwards took me to the hospital. I received injuries to my face as a result of the assault. My jaw was all swollen and my nose was scratched. I was taken to the hospital on Monday morning and left on Wednesday morning. I see the shirt (Exhibit “C”) I was wearing that on the night in question. The accused Wallis tore that shirt. The blood on that shirt is from the wounds I received. The tall chap Pedersen did not assault me at all.

By Mr Blackmore : I was at the Adelaide Club Hotel some time before they came in. I had some drinks before they came in. The accused shouted at the Crystal Hotel. When Wallis and I went to Kaolin Street we left Pedersen and Mounce in the street. I did not notice Pedersen at all after that. I did not notice him inside the building.

By accused Wallis: The big chap and you left Mounce with me at the Globe Hotel but they came back just afterwards. I don’t know how many times you said “Fuck him or knock him.” I did not know if you said this in front of the other two accused. I was struggling with you when you were undoing my braces. You tried to fuck me. I don’t think you hit me just as Mounce came in the door. If you had your clothing open Mounce could have seen it. You did all the shouting at the Crystal Hotel. I was not drunk. We stood outside the Crystal Hotel for a while. Mounce was bad. I gave you my name and address on a piece of paper at the Adelaide Club Hotel. You offered me a bed and I said “I’m going home.” Pedersen and Mounce were there when you said “I’ll fuck you or knock you.” One of the other chaps would have seen you dragging me across to the humpy. I was standing up when you took the handkerchief out of my pocket. When you took the handkerchief the two of you hit me. When we got to the corner you said “Fuck him or knock him.” Pedersen and Mounce could have heard that.

No questions by Mounce.

By Bench: When Wallis took me to the humpy I did not go willingly. I did not take my trousers down, he did. I tried to get away from him but he was too strong. I was not drunk. I had had several drinks. I do not think Wallis was drunk. None of us were drunk. Mounce was bad. I think that was the effect of drink.

[Signed] JE Plummer.

Taken and sworn at Broken Hill, this 10th day of April 1923 before me.
[Signed] GA Stevenson, DSM.

This Deponent having been duly sworn states:– My name is John Flanagan and I am a labourer and reside at No. 5 Kaolin Street, Broken Hill. That is situated off Crystal Street near Kaolin Street. My place is a one roomed place. There are two or three similar places to the mine close by. I remember the early hours of Easter Monday morning. I heard a disturbance. It was a bright moonlit night. I was awakened a little before 3 o’clock. I heard the disturbance then. I looked out the window. I saw a man lying on the ground and another man over him. He The man standing over the other man said “You get up, you bloody Broken Hill bloody bastard.” The man on the ground said “It;’s no use me getting up, you will only knock me down again.” I saw this man knocked down twice. I saw three men there altogether but they were not together. When the man was down the other man said he was going to kick him. Later I saw four men there. I was about 25 feet away, I measured it this morning. I could not recognise the men but I know the man who knocked the other man down had a grey cap on.

By Bench: The disturbance had been going on for a while before I got up.

By Mr Blackmore : When the other two men came over they did not stop, they went back. One of those two said “Ask him if he’s got any money on him.” I don’t know who said this.

By Wallis: I do not know any of the men I saw.

No questions by Mounce.

[Signed] John Flanagan.

Taken and sworn at Broken Hill, this 10th day of April 1923 before me.
[Signed] GA Stevenson, DSM.

F. 2– “Justices Act, 1902.”

Statement of the Accused.

New South Wales, Broken Hill
TO WIT. }

Norman Thomas James Wallis (hereinafter called the defendant) stands charged before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, this 10th day of April in the year of Our Lord one thousand nine hundred and twenty three for that he, the said defendant, on the 2nd day of April 1923, at Broken Hill in the said State, did assault Joseph Edward Plummer with intent wickedly and against the order of nature to commit the abominable crime of buggery with the said Joseph Edward Plummer and the said charge being read to the said defendant, and the witnesses for the prosecution, Morton Gibson, Detective Sergeant of Police of Broken Hill aforesaid, Alan Leslie Wilmot Hill, Constable of Police, Ernest Henry Duckworth, Constable of Police, Joseph Edward Plummer of South Broken Hill, and John Flanagan of Broken Hill, and Antonio Charles Houen, Resident Medical Officer of the Broken Hill Hospital being severally examined in his presence, and (he having stated that he does not desire the depositions of the said witnesses to be read to him) the said defendant is now addressed by me the said Justice as follows:– “Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing and may be given against you in evidence at your trial; and you are also informed, and are to clearly understand, that you have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to you to induce you to make any admission or confession of your guilt, but whatever you now say may be given in evidence against you upon your trial notwithstanding such promise or threat.” Whereupon the said defendant saith as follows:– “I plead not guilty.”

[Signed] NTJ Wallis.

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

G. 190.

New South Wales, Broken Hill
TO WIT. }

REX.
versus
Norman Thomas James Wallis

Offence,— Assault with intent to commit Buggery

The accused stands committed to take his trial at the next Court of Circuit Court to be holden at Broken Hill, in the State of New South Wales, on the twenty-seventh day of April 1923, 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, Deputy Stipendiary Magistrate.

JP.

Dated at the Police
Office, Broken Hill
in the said State,
this tenth
day of April
AD 1923.
4g 416 - 88

“Justices Act, 1902.”

Recognizance to give Evidence.

New South Wales, Broken Hill
TO WIT. }

Be it remembered, that on the tenth day of April in the year of Our Lord one thousand nine hundred and twenty three Morton Gibson a Detective Sergeant of the Police Force, stationed at Broken Hill in the State of New South Wales, Alan Leslie Wilmot Hill of Broken Hill in the said State, Constable of Police Ernest Henry Duckworth of Broken Hill in the said State, Constable of Police Joseph Edward Plummer labourer of 380 Piper Street, South Broken Hill in the said State, and John Flanagan of 5 Kaolin Street Broken Hill in the said State, labourer, personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged themselves to owe our Sovereign Lord the King the sum of

FORTY POUNDS EACH,

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 aforementioned persons shall fail in the condition indorsed.

[Signed] 1. Morton Gibson, 2. Alan LW Hill, 3. EH Duckworth, 4. JE Plummer, 5. John Flanagan.

Taken and acknowledged, the day and year first above mentioned, at Broken Hill in the said State, before me.
[Signed] C Pickup, JP.

The condition of the within written recognizance is such, that whereas one Norman Thomas James Wallis was this day charged before George Alfred Stevenson Esquire one of His Majesty’s Justices of the Peace for the said State, and Deputy Special Magistrate for the Police district of Broken Hill in the State aforesaid, for that on the 2nd day of April 1923 at Broken Hill in the said State, he did assault Joseph Edward Plummer with intent wickedly and against the order of nature to commit the abominable crime of buggery with the said Joseph Edward Plummer.

If, therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Broken Hill in and for the State of New South Wales, on Friday the 27th day of April 1923, 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 Norman Thomas James Wallis for the offence aforesaid, to the jurors who shall pass upon the trial of the said Norman Thomas James Wallis.

Then the said recognizance to be void, or else to stand in full force and virtue.
[Signed] C Pickup, JP.

[Pages 18 & 19 not found – Presumable accused’s statement]

RECORD OF EXHIBITS Rex versus Norman Thomas James Wallis Assault with intent to commit Buggery
Distinguishing Letter or Number	Description of Exhibit	In whose custody or how disposed of
“A”	Silk handkerchief	In custody of Police.
“B”	Written statement by accused, Palmer Pedersen, and Leslie Edgar Mounce.	Attached to depositions.
“C”	Shirt and braces	In custody of Police.
“D”	Watch	—Do—
[Signed] Keith W[illiam] Smith, Deposition Clerk, Broken Hill, 10th April, 1923.

Police Station,
Broken Hill 3rd April, 1923.

Leslie Edgar Mounce states:– I am a labourer employed at the South Mine and I reside at the Day-Dream Boarding House Argent Street, Broken Hill. I left the boarding house about ten or eleven o’clock on Sunday night the 1st instant in company with two men named, Wallis and Peterson who also board at the Day-Dream. We visited Gardiner’s Hotel in Blende Street and met a chap there, he was dressed in a dark suit and wore spectacles. I hear Wallis and this man talking together about the Buffalo Lodge, Wallis said he would nominate him on Saturday.

We had about a dozen drinks in the hotel and we all left there about midnight. We afterwards visited Mrs John’s hotel in Crystal Street, I think it was the Crystal Hotel, we met a ‘snowy’ headed chap there who was in bed when we arrived there, he got up, and served us with several drinks. I had three drinks and then sat down in the passage and leaned against the wall. We left the hotel about 3 am by the front door, and the four of us walked up to the corner of Crystal and Kaolin Streets, near the Miner’s Arms Hotel. The man who was wearing the spectacles said “I have a long way to go home.” Wallis said “You can come and sleep in my bed room if you like. There is a spare bed there.” Wallis and the man with the glasses crossed over the

[Signed] LE Mounce.

street, near some humpies and Peterson and I walked around the corner into Argent Street. I said to Peterson “What has become of ‘Dadda’,” meaning Wallis. He said “We will go back and have a look.” We walked back to the humpies, I crept up alongside of one of the humpies to see what they were doing. I was looking through a hole in the wall and I saw the man who was wearing the glasses, in a stooping position, just inside the door, he appeared to have his head against the wall. His trousers were down around his knees, his shirt was thrown up over his back and his back portion of his body was naked. Wallis was standing almost behind him. Close up behind him, and his hand on the other man’s back, I then called Pederson and when he came up I said to him I said “You grab ‘dadda’,” meaning Wallis, “and I will grab the other snoozer.” I said to Wallis “White men don’t do that sort of thing, you had better cut that game out.” He said “I’ll fuck him or knock him.” The man with the glasses said “Wait till I get my trousers up Digger, don’t hit.” I struck him a couple of times in the humpy and after he pulled his trousers up I struck him again.

We got outside then and Wallis struck him a couple of times and knocked him down. I said “Get up.” He said “If I get up you will knock me again.” His shirt was torn nearly off him in the struggle. Peterson did not touch him, he was going to but I said “Leave him to me I can fix him up.”

[Signed] LE Mounce.

He said “Where are my glasses?” I said “I must have broken them, see where I cut my hand.” I struck matches and looked for them but could find no trace of them. Wallis then chased the man with the glasses away towards Crystal Street. On the way to the Day-Dream Wallis handed me a sil handkerchief; he said “I took got the bastard’s handkerchief.” I afterwards handed it back to him. The above statement has been read over to me and is true in every particular.

Witness:– [Signed] Morton Gibson, Detective Sergeant 1st Class

[Signed] LE Mounce.

Police Station
Broken Hill, 3rd April, 1923.

Palmer Pedersen states, I am a trucker employed at the Block 14 Mine and I reside at the Day-Dream Boarding House in Argent Street, Broken Hill. About 9 pm on Sunday last 1st April, in company with two mates named Wallis and Mounce I left the boarding house and visited Gardiner’s Hotel, in Blende Street. When we arrived at the hotel I saw a chap there, he was dressed in a dark suit and wore glasses. Myself, two mates and the man with the glasses left the hotel about midnight and afterwards visited Mrs John’s hotel, we had five drinks there. We left that hotel shortly afterwards and the four of us walked up to the corner near the Miner’s Arms Hotel. The man who wore glasses said “I live out at the South.” Wallis said “You can come down to our place if you like.” Wallis and the man with the glasses crossed over the street near to some humpies. Mounce and I started to walk home, but when we reached Argent Street, Mounce said “We will go back and see what they are doing.” We went back to the humpies and Mounce walked up close to the wall of one of them. He called me up. I saw the man with the glasses he was standing outside of the humpy, his trousers were hanging down round his boots. Mounce said “That’s the worst I have seen in my life.” Mounce then hit the man who wore the glasses and knocked him down.

[Signed] P Pedersen.

He hit him a couple of times, I did not see Wallis struck the man with the glasses. Wallis was standing near the man who had his trousers down when I arrived there. I cannot say what condition Wallis’s trousers were in at the time; I did not look to see if they were unbuttoned. I caught hold of Wallis then and took him away to the middle of the street, he pulled away from me and returned to the humpy.

Wallis and Mounce afterwards came across to me and we went home to the Day-Dream Boarding House together. I did not strike the man with the glasses or assault him in any way.

The above statement has been read over to me and it is true in every particular.

Witness:– [Signed] Morton Gibson, Detective Sergeant 1st Class.

[Signed] P Pedersen.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Supreme Court.
Broken Hill
27th April 1923
AG’s No. -----
Depositions.
CS’s No. 5
Rex
v.
Norman Thomas James Wallis
Assault with intent to commit buggery
Committed at: Broken Hill
on: 10th April 1923

~ ~ ~ ~ ~

Court. Broken Hill Supreme Court
Date. 27 April 1923
Cor. Gordon Judge.
Plea. Not guilty
Verdict. Not guilty
Judgment.
AW Ralston
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.

~ ~ ~ ~ ~

Assault with intent to commit an unnatural offence
16/4/23
Not bound over Dr Houen – Subpoenaed.

~ ~ ~ ~ ~

Justice A Gordon notebook ⁹ & ¹⁰

S. 80, 81

[Broken Hill] April 27/23

R v Norman Thomas James Wallis
(1) Attempt to bugger Joseph Edward Plummer, 2 April /23
(2) Indecent assault
Plea: not guilty
Blackmore: for Defence

Joseph Edward Plummer

Remember 2 April /23 was drinking. Assaulted by 3 men. Wallis & Pedersen were with me – 1 am on April 2 /23. I left the others about 3.45 am went to ----- with Wallis [and] Pedersen. Wallis wanted to fuck me. Undone my trousers, took off my braces, opened my fly. He s[aid] I’ll knock you or fuck you. I was he caught hold of me in Crystal Street near the humpy - he tried to up touch my private parts. Mounce was there he knocked me. They tore my shirt, took a watch & pair of braces.

Cross-examined.

Leslie Edgar Mounce

April 2 /23 – with Wallis late at night. Palmer, Pedersen, Wallis and myself met Plummer. 2 or 3 hours together might have been. Parted with Plummer in Kaolin Street. He went alone. Next I saw him in yard near Police Station. Remember a fight. I (& ?) Pedersen left Wallis & Plummer. 5 minutes away from them we came back and found Plummer with his trousers down – in a stooping position. Wallis standing along side of him. His right hand on Plummer’s back. Trousers down & shirt up his back. I s[aid[ something. I s[aid] did you ever see white men do that. I knocked Plummer. Wallis had a hit at Plummer. Did you not hear Plummer Wallis say anything.

Cross-examined.

Palmer Pedersen

Detective [Morton] Gibson

About 5.45 April 3rd – saw Plummer Wallis – he admitted assaulting Plummer – because he wanted me to indecently conduct myself with him.

2 handkerchiefs.

Crown Case

[Norman Thomas James] Wallis makes a statement

Blackmore addresses 3.55-4.-
I sum up 4.15 pm
Jury retire: 4.20
“ return: 4.35
Verdict: not guilty.

~ ~ ~ ~ ~

Barrier Daily Truth, Fri 27 Apr 1923 ¹¹

CIRCUIT COURT.
———: ○ :———
JUDGE AND OTHERS ARRIVE.

Mr Justice Gordon arrived by the express yesterday morning and will preside in the Circuit Court, opening this morning. Mr Stocky, Justice Gordon’s Associate, came with him. Mr K Ralston, Crown Prosecutor, and Mr J Gonsalves, of the Crown Law Department who is to assist Mr Ralston, also arrived.

Mr C Lloyd (barrister), who will be instructed by Mr WP Blackmore on Janet Anstey’s behalf on her trial for alleged murder, also arrived.

~ ~ ~ ~ ~

Barrier Miner, Fri 27 Apr 1923 ¹²

ALLEGED UNNATURAL OFFENCE
————
WALLIS FOUND NOT GUILTY

Norman Thomas James Wallis was charged that on April 2 he did assault Joseph E Plummer with intent to commit an unnatural offence. Wallis was further charged that on the same date he did indecently assault the said Joseph E Plummer. The accused pleaded not guilty to both charges, and was represented by Mr WR Blackmore.

The following jury was empanelled:—GJ Warren, EJ Beck, J McCarthy, PTJ Morris, HA Foster, AI Eglinton, J McGuire, FW Edwards, W James, AJ Hurley, E Mew, and F Newham.

The accused challenged one juror.

— Evidence of JE Plummer. —

Joseph Edward Plummer, laborer, residing at 380 Piper-street, South Broken Hill, deposed that on Easter Sunday last he was drinking with the accused and two other men. He finished up drinking at 1 o’clock on Easter Monday. The party then broke up at Kaolin-street. Later Wallis acted indecently towards him. The witness described the offence, and said that it took place near a humpy at the corner of Kaolin and Crystal streets. Later he was “knocked” by a man named Mounce, and when he recovered he missed some of his property.

To Mr Blackmore: Witness called out when Wallis was pulling him about. Mounce came up just after Wallis had been pulling him about. Both Wallis and Mounce struck him. Witness was not drunk.

Leslie Edgar Mounce, laborer, deposed that on Easter Sunday night he was with Wallis and a man named Pederson. Later they met Plummer and wandered about for a few hours. He parted company with Plummer at Kaolin-street. Plummer went away by himself. Wallis left later and witness and Pederson continued on their way home. In a bout five minutes they returned to Kaolin-street and there saw Plummer with his clothes disarranged. Wallis was present. Witness then struck Plummer, and Wallis had a hit. Wallis might have got in first with a blow.

To Mr Blackmore: The clothing of Wallis was not disarranged. Witness, Wallis, and Plummer were all drunk. After he hit Plummer he complained of losing his glasses. They looked for them, and when they could find them Plummer ran away.

To Mr Justice Gordon: He did not hear Plummer call for help.

Palmer Pederson, trucker, deposed that the party was knocking about till the early hours of Easter Monday morning. Witness went away with Mounce, but later they returned, and near a humpy in Crystal-street he saw Plummer with most of his clothes disarranged. Wallis was talking to Plummer. Later witness saw Mounce hit Plummer. Wallis was fully clothed.

Detective-Sergeant M Gibson deposed that he knew the accused Wallis. At 5.45 on Easter Tuesday he had Mounce in custody when Wallis walked up. In reply to questions Wallis said that he was a mate of Mounce’s. Wallis admitted certain things. Later Pederson was found by witness and Wallis. Mounce and Pederson were brought together. At this stage Wallis admitted that he had taken Plummer’s handkerchief. He took it from a grey suit, and when asking his reason for taking it said that he thought that it was just as well for him to take it. Subsequently, at the Police Station, both Mounce and Wallis made statements. On April 4 Plummer was brought to the Police Station and there picked Wallis and Mounce as the men who had assaulted him. When Plummer told witness what Wallis had done, Wallis did not reply.

This closed the Crown case.

Wallis, in a statement to the jury, said that he first met Plummer at the Adelaide Club Hotel where they had drinks. A conversation took place about the Buffalo Lodge, which Plummer wanted to join. Subsequently, they went to the Crystal Hotel and had more drinks. On the front verandah of the hotel Plummer said that he had a long way to go to the South. He told Plummer that he could sleep in his room as there was a spare bed. Plummer did not reply. Pederson and Mounce later went away. He and Plummer went to a humpy where he thought Plummer was going to sleep. Plummer said something which caused him to push Plummer away and Mounce came on the scene and struck Plummer and knocked his glasses off. They helped Plummer to look for them, but could not find them, and Plummer then went away. When Mounce came along Plummer’s clothing was disarranged, but accused’s clothing was not disturbed.

Mr Justice Gordon: Is that all you have got to say?

The accused: Yes, your Honor.

Mr Blackmore, for the accused, and Mr Ralston, for the Crown, addressed the jury at length.

Mr Justice Gordon having summed up, the jury retired at 4.20 o’clock. At 4.35 o’clock the jury returned and Mr AI Eglinton, the foreman, announced that they had found the accused not guilty.

The accused was discharged and the court was adjourned till 10 o’clock to-morrow morning.

~ ~ ~ ~ ~

Barrier Daily Truth, Sat 28 Apr 1923 ¹³

CRIMINAL ASSAULT ALLEGED
WALLIS FOUND NOT GUILTY
CIRCUIT COURT CASE

In the Circuit Court yesterday afternoon, before his Honor Justice Gordon and a jury, Norman Thomas James Wallis (22) was charged that he did assault Joseph Edward Plummer on April 2 with intent to wickedly and against the order of nature commit buggery with the said Joseph Edward Plummer. There was a second charge that he did indecently assault Plummer.

Mr WP Blackmore appeared for the accused; Mr AW Ralston prosecuted for the Crown.

Before the case was commenced his Honor said that Janet Anstey and the witnesses in that case could leave the court. He understood that the case would reveal some details of a disgusting nature, and thought every self -respecting woman would be well advised to leave the court; he had no power to order them to leave. His advice was taken.

The following jury was empanelled:– George J Warren, Edward J Beck, John McCarthy, Percival TJ Morris, Harry A Foster, Arthur E Eglington, James McGuire, Willoughby James, Albert J Hurley, Edward Mew, Francis W Edwards, Frank Newham.

Joseph Edward Plummer deposed that he lived at 380 Piper Street, South Broken Hill. Easter Sunday night he was at the Adelaide Club Hotel, and met there Wallis and the two other men. Wallis put it to him about journeying to the Buffalo Club, but witness said he was not financial enough. They all had several drinks together, and left the hotel about 11.30 pm. They then left the hotel about 11.30 pm. [sic] They went to the Crystal Hotel, went round and woke the barman. Several drinks were partaken of, the party staying there a couple of hours. The party then went to the corner of Crystal and Kaolin Streets, then witness said he would go home. Wallis asked him to go into a humpy close by, but he refused, and started to go home. Wallis got hold of him, and forcible dragged him into the humpy, undid some of his clothing and attempted to indecently assault him.(The witness gave minute details). While there Mounce came on the scene and hit witness between the eyes. That freed witness from Wallis and he rushed outside, but Mounce and Wallis continued to assault him and knocked him down several times. Witness lost a watch and a pair of glasses, a handkerchief, and his braces, and his clothing was torn. Witness later saw Constable Duckworth, and was taken to the Hospital, where he remained for three days.

To Mr Blackmore: He had not been drinking all the week-end. He had about 10 drinks while in the company of Wallis, but was not drunk. He did not call out while Wallis was assaulting him because he could not. Wallis was not drunk.

Leslie Edgar Mounce deposed that after two or three hours drinking between himself Plummer, Wallis and another man Plummer and Wallis left the party and went into a humpy. After a few minutes, not more than five he went to see what they were doing. What he saw (he described it in detail) made him “hop in and get to Plummer.” He believed Wallis got a bit in to but he did not hear Wallis say anything about knocking him.

To Mr Blackmore: All the party were drunk. He would not say whether Plummer went into the humpy of his own accord or not. He had always Wallis to be a decent man. He did not hear Plummer call out.

Palmer Pederson gave evidence similar to Mounce, but said he did not notice Wallis’ clothing disarranged.

Detective Gibson deposed that on April 3 he told Wallis that Mounce had stated that they had assaulted Plummer. Asked why he had done so Wallis made a rather strong statement about Plummer. Witness got a handkerchief belonging to Plummer from Wallis. Wallis, Mounce and Pederson were arrested and each made statements. Mounce’s statement in which he said he saw a disgusting scene in a humpy in Crystal Street, was read to Wallis, who said it was right but added that he got into the position described so that he could knock him. Wallis’ statement was read. On April 4 at the Police Station witness identified Wallis and said he had indecently assaulted him, but Wallis remained silent.

To Mr Blackmore: Plummer was in in [sic] the hospital when witness first saw him.

Wallis, in a statement from the dock said that he first remembered Plummer by his talking about joining the Buffalo Lodge. That was at the Adelaide Club Hotel. Later at the Crystal Hotel Plummer said it was a long walk home to South Broken ill and he, Wallis, invited him to share his room for the night. Plummer, however, went into the humpy. He, Wallis, thinking Plummer meant to sleep there, went into see what sort of place it was, but when he got in Plummer made a certain suggestion. He was just about to strike Plummer for making the suggestion when Mounce went in. He committed no unnatural offence and did not attempt to.
During the course of an address to the jury, Mr Blackmore said that it was apparent that if any assault was committed Plummer was a consenting party. His Honor interposed that even if that were so it did not absolve Wallis. Both parties may be perfectly agreeable to what was going on yet an offence was committed.

The jury retired at 4.20 and returned 10 minutes later with a verdict of not guilty.

~ ~ ~ ~ ~

Barrier Miner, Sat 28 Apr 1923 ¹⁴

ALLEGED UNNATURAL OFFENCE
————
WALLIS FOUND NOT GUILTY

The following jury was empanelled:—J Warren, EJ Beck, J McCarthy, PTJ Morris, HA Foster, AI Eglinton, J McGuire, FW Edwards, W James AJ Hurley, E Mew, and F Newham.

The accused challenged one juror.

— Evidence of JE Plummer. —

To Mr Blackmore: Witness called out when Wallis was pulling him about. Mounce came up just after Wallis had been pulling him about. Both Wallis and Mounce struck him. Witness was not drunk.

To Mr Justice Gordon: He did not hear Plummer call for help.

This closed the Crown case.

Mr Justice Gordon: Is that all you have got to say?

The accused: Yes, your Honor.

Mr Blackmore, for the accused, and Mr Ralston, for the Crown, addressed the jury at length.

Mr Justice Gordon having summed up, the jury retired at 4.20 o’clock. At 4.35 o’clock the jury returned and Mr AI Eglinton, the foreman, announced that they had found the accused not guilty.

The accused was discharged and the court was adjourned till 10 o’clock to-morrow morning.

~ ~ ~ ~ ~

The Register, Sat 28 Apr 1923 ¹⁵

NOT GUILTY.

BROKEN HILL, April 28—At the Circuit Court to-day Norman Thomas James Wallis was charged with having attempted to commit an offence against Joseph E Plummer. Evidence for the prosecution showed that accused and Plummer and others had been drinking. The jury, after a retirement of 15 minutes, returned a verdict of not guilty.

¹ Barrier Miner, Wed 4 Apr 1923, p. 3.

² The Sydney Morning Herald, Thu 5 Apr 1923, p. 10.

³ Barrier Miner, Tue 10 Apr 1923, p. 2. Emphasis added.

⁴ Barrier Daily Truth (Broken Hill), Wed 11 Apr 1923, p. 4. Emphasis added.

⁵ The Register, Wed 11 Apr 1923, p. 13.

⁶ Barrier Miner, Thu 12 Apr 1923, p. 2.

⁷ Barrier Miner, Sat 14 Apr 1923, p. 4.

⁸ SRNSW: NRS880, [9/7274], Supreme Court, Papers and depositions, Broken Hill, 1923, No. 5. Emphasis added.

⁹ SRNSW: NRS5982, [7/9372], Judiciary, A Gordon, J. Circuit, 1911-27, pp. 41-3. Emphasis added.

¹⁰ Alexander Gordon (1858-1942), was educated at Repton, England, and called to the Bar in NSW on 31 Jul 1882. He was appointed a King’s Counsel in 1904, and was a Judge of the NSW Supreme Court from 27 Apr 1910 until 22 Jan 1929. In 1930 he was appointed a Knight Batchelor. He died on 7 Jan 1942. Source: Who’s Who in Australia 1935, p. 204. NSW Law Almanac 1946 , p. 38.

¹¹ Barrier Daily Truth (Broken Hill), Fri 27 Apr 1923, p. 3.

¹² Barrier Miner, Fri 27 Apr 1923, p. 4.

¹³ Barrier Daily Truth (Broken Hill), Sat 28 Apr 1923, p. 1. Emphasis added.

¹⁴ Barrier Miner, Sat 28 Apr 1923, p. 8.

¹⁵ The Register, Sat 28 Apr 1923, p. 11.

Sodomy