The Brisbane Courier, Mon 8 Sep 1930 1
MALTESE ARRESTED.
————
Casino, September 7.
Excitement was caused at Casino yesterday afternoon, when the police rounded up a number of Maltese, the majority of whom were railway workers, and who had been at Grady’s Creek Gap. The police took 20 of them to the watchhouse, and eight men were charged with vagrancy. More serious charges may be preferred against the Maltese.
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The Richmond River Express, Tue 9 Sep 1930 2
LOCAL INTEREST
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SERIOUS CHARGES
In the Children’s Court at Casino today, before Mr E[dward] A[ugustus] Mahony, PM., Frank Guech, a Maltese, was charged with a serious offence on a youth. He was committed to stand his trial at the Circuit Court at Lismore on September 24 on bail of £200. Joe Galea was charged with a similar offence, and after evidence had been given he was discharged.
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Casino and Kyogle Courier and North Coast Advertiser, Wed 10 Sep 1930 3
MALTESE ARRESTED.
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ABOMINABLE OFFENCES ALLEGED.
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WHITE BOYS INVOLVED.
There was much excitement in Casino on Saturday morning when the police, from different parts of the town, took to the lockup 20 Maltese, who were lined up for identification, after the police had received certain information, in which allegations of abominable conduct on the part of the Maltese were made. Two local boys made these allegations, and they identified seven Maltese, who were arrested, and an eighth Maltese was taken into custody on Sunday.
On Monday these men, Joe Galea, Joe Schembera, Jim Borg, Grezio Attard, Frank Galea, Jack Zureh and Frank Bork were charged with having committed an abominable and unnatural offence on the lads, and also with indecent assault on a male person.
In remanding the men until yesterday morning Mr C[hristopher] J[ames] M[atthew] Hade (Chamber Magistrate) remarked:– “In remanding these defendants, I think it is now opportune to say at this early stage that you, Sergeant [Alexander John] McIntosh, and your officers who have participated in this work, and if these charges are well founded, have gained the commendation of the people bringing to light and to justice these defendants who are alleged to have committed these atrocious, abominable and revolting crimes.”
When the defendants were charged before Mr EA Mahoney yesterday, Mr JJ Kissane appeared for them.
The majority of cases were heard with closed doors, as one of the boys was under age.
Evidence was heard in the case against Galea, and he was discharged, but was immediately re-arrested on a charge of vagrancy.
Frank Grech was committed for trial to the Lismore Circuit Court on September 24 on a charge relating to a third boy. Bail was allowed, self in £200 and one surety of £200 or two of £100 each.
After evidence had been given against Jim Borg, Frank Galea and Jack Xureh they were committed for trial. Bail was allowed, self in £200 and one surety of £200, or two of £100 each.
The other defendants were remanded until Tuesday next.
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The Richmond River Express, Wed 10 Sep 1930 4
LOCAL INTEREST
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…
COMMITTED FOR TRIAL
In the Children’s Court at Casino yesterday, before Mr EA Mahoney, PM., Jim Borg, Frank Galea and Jack Fureh, Maltese, were committed for trial at the Circuit Court sittings at Lismore on September 24, on serious charges against a male person. Bail in each case was fixed at £200. Four other Maltese were remanded on similar charges until Tuesday next.
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The Sydney Morning Herald, Thu 11 Sep 1930 5
CHARGES AGAINST MALTESE.
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Casino, Wednesday.
A raid on Maltese who were camped about Casino had a sequel in the police court, when nine Maltese were charged with having committed unnatural offences. Those charged were:—Joe Galea, Joe Gschembera, Jim Borg, Grezio Attard, Frank Galea, Jack Xureh, Frank Borg, Frank Grech, and Sam Zhra. The men were remanded by the chamber magistrate (Mr CJM Hade), pending a hearing of the charges by a police magistrate. Later Frank Grech, Jim Borg, Frank Galea, and Jack Xureh, were committed for trial by the police magistrate, Joe Galea was discharged. The other defendants were remanded for a week.
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Barrier Miner, Fri 12 Sep 1930 6
RAID ON MALTESE
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NINE IN POLICE COURT
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Casino, Wednesday.
A raid on Maltese who were camped about Casino had a sequel in the police court, when nine Maltese were charged with having committed unnatural offences. Those charged were: Joe Galea, Joe Gschembera, Jim Borg, Grezio Attard, Frank Galea, Jack Xureh, Frank Borg, Frank Grech, and Sam Zhra. The men were remanded by the chamber magistrate, Mr CJM Hade, pending a hearing of the charges by a police magistrate. Later Frank Grech, Jim Borg, Frank Galea, and Jack Xureh, were committed for trial by the police magistrate, Joe Galea was discharged. The other defendants were remanded for a week.
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Casino and Kyogle Courier and North Coast Advertiser, Sat 13 Sep 1930 7
LOCAL AND GENERAL
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POLICE RECORD.
As far as a clean-up of crime and police offences are concerned, Casino police this year will create a new record for the North Coast. There have been many serious cases since the beginning of the year, some of the offenders receiving heavy sentences. Within the short space of eleven days, the police have handled no fewer than 72 cases. On top of this there were summons cases issued by private persons.
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Truth, Sun 14 Sep 1930 8
REVOLTING ALLEGATIONS
OF YOUNG BOYS
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Say Casino Maltese Lured Them to
Huts on River Bank
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POLICE RAID SENDS FOUR FOR TRIAL
(From “Truth’s” Casino Representative.)
CASINO police moved quickly and effectively last week when they received information from three young boys concerning certain Maltese who inhabit the town.
THEY raided and rounded up a score or more of the dusky gentlemen, and as a result of a subsequent line-up, nine of the Maltese were arrested and faced charges of a most revolting nature.
ON Monday last they were formally charged with the alleged offences, and remanded until the following day, when four of them were sent for trial, whilst cases against the others were adjourned for a week.
Added to the charge of having assaulted three boys, there was also a count against the Maltese that they did indecently assault a male person.
The lads are all local boys. One is sixteen years of age, one a little younger, and the third 20. They told a story of atrocious and abominable details concerning happenings that they alleged took place in huts in the river bank.
The Maltese charged were Joe Galea, Joe Gschembera, Jim Borg, Grezio Attard, Frank Galea, Jack Xureb, Sam Zhra, Frank Borg and Frank Grech.
The last named was sent for trial for indecently assaulting a youth and Jim Borg, Frank Galea and Jack Xureb also went for trial on similar charges. The remaining three were charged in respect of one boy, one of two brothers, concerned in the matter. Joe Galea was discharged, but promptly re-arrested on a charge of vagrancy.
When the magistrate, Mr CJM Hade remanded the man on the Monday morning, he passed some very strong remarks. Addressing Sergeant McIntosh, he said:
“In remanding these defendants, I think it is not inopportune to say at this early stage that you, sergeant, and your officers who have participated in this work, and if these charges are well founded, have gained the commendation of the people in bringing to the light of justice these defendants who are alleged to have committed these atrocious, abominable and revolting crimes.”
When the Maltese were charged on Tuesday the cases concerning the boys who were under age, were taken first.
TWO SHILLINGS
The sixteen-years-old lad told how he met one of the Maltese who took him to the river bank, where he alleged the offence took place; the Maltese gave him two shillings.
The same lad related meeting another Maltese who took him into a park convenience, where he interfered with his clothing. This happened, he said, in day-light and the Maltese gave him a shilling.
When accused of a smaller offence on the lad, Xureb, who was committed for trial, said that the lad asked for another Maltese. They entered the shed at the rear of a business premises, and there the Maltese claimed that the lad accepted sixpence, and committed an act of extreme indecency.
Another of the Maltese, Jim Borg, the lad claimed, gave him 2/- to do something.
SHOOT HIM
The boy later claimed that when confronted by another Maltese, he had gone with him and had agreed to a revolting act. He received fivepence.
The elder of the two brothers is alleged to have made a statement to the effect that a Maltese took him to the park and interfered with him, warning him that if he “pimped” he would shoot him and cut his head with a razor.
Throughout their stories, the lads referred to most revolting incidents.
The whole affair caused a sensation in the town, more so among the Maltese inhabitants, of whom there are dozens, and Monday morning saw an exodus of them on the train bound for the south.
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Casino and Kyogle Courier and North Coast Advertiser, Wed 17 Sep 1930 9
MALTESE CHARGED
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ALLEGED UNNATURAL OFFENCES.
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WHITE BOYS INVOLVED.
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A further instalment in the serious charges against a number of Maltese concerning the alleged interference with white boys was tendered in the Police and Children’s Court yesterday, before Mr EA Mahoney, PM. Joe Schembera, Grezio Attard, and Frank Borg were charged with having committed offences against the order of nature, and with having indecently dealt with the boys. Sam Zhra was charged with indecent assault. Sergt McIntosh prosecuted, and Mr JJ Kissane appeared for the defendants.
After hearing the evidence against Grezio Attard, the PM said there was insufficient evidence to send the defendant for trial, and he was discharged. Attard was immediately re-arrested and charged with vagrancy.
Sam Zhra was also sent for trial.
In the Police Court, Joe Schembera was charged with having unlawfully assaulted Alexander John McMillan and with having committed an abominable offence.
Constable W[illie] Fleming said that on September 6 nineteen Maltese were brought to the lockup. Sergeant McIntosh said, “You are here for identification, as certain complaints have been made against Maltese.” McMillan was brought into the yard, and Sergt. McIntosh said, “Have a look along this line of men and place your hand on any of the men you have complained have been interfering with you.” McMillan placed his hand on defendant. Asked why he picked Schembera, McMillan said he (defendant) was the man who interfered with his clothing and did something to him. Schembera gave him a few bob, said McMillan. The latter added that he accompanied defendant to the park. There defendant said, “If you pimp on me I will shoot you and cut your head off with a razor.” Schembera said, “I had nothing to do with him; how can he prove it? Last Saturday night I was in Lismore. I have witnesses—Mrs Jack Howard, Fred and Cherry. I came back last Monday morning. I prove it for that.”
Mr Kissane (for defendant): Was a statement in writing given by this boy?—No.
You took a statement previously from him?—Yes.
Alexander John McMillan, a youth, said he had complained of certain happenings with the Maltese. He identified Schembera, who had interfered with him. The first occasion anything happened was about three weeks ago, one Saturday night, after the pictures. Defendant said, “What about coming over to the river bank?” Witness said, “No,” and defendant said, “You had better come over to the park with me.” Witness did, and then described what happened. He stayed with defendant all night, because he would not let him go. Schembera gave him 2/-. Defendant said, “If you pimp on me I’ll shoot you next time I come out.” Witness knew defendant, who was known as “Speero.”
To Mr Kissane: He was 20 years of age, and had gone to school for fourteen months. He did not know what time of the year Christmas came. There were twelve days in a week and seven months in a year. In a fortnight there were twelve months. He could not tell the time. He did not know that his bother was going with some of the Maltese.
You know what you did in the park was wrong?—Yes.
Did you know that the police might take him?—Yes.
Was that the first time in your life that anything like that happened to you?—Yes.
What is the difference between a quarter of an hour and half an hour?—Two hours.
Is he the only man who did this thing to you?—No; another man, too.
Were you willing that he should do this to you?—I tried to stop him.
Why did you let him?—He was too strong for me.
Did you tell the police about what happened when you saw the police on the way home?—No; I was frightened he would shoot me.
Did you know defendant?—Yes; at Grady’s Creek.
Did he ever do anything to you there?—No.
Did “Kid” ever do anything at Grady’s Creek?—No.
Did “Kid” ever do anything to you here?—Yes.
Dr W[illiam] A[lexander] Standish said he had examined McMillan, who was suffering from a urethal [sic] discharge, probably disease. He took a swab of this, but the result was not yet known. The lad’s mental condition was poor. His examination showed signs that were consistent with unnatural interference. A person suffering from a disease could convey it to another by such contact.
Mr Kissane submitted that there was no evidence to send to a jury. McMillan’s statement to the police conflicted with his evidence in the box.
The PM: He is obviously a lad of low mentality.
Mr Kissane: Quite so. But the liberty of the man is at stake. Schembera denied at the start that he was here. Obviously this lad has been leading this sort of life, but he cannot give us time and place.
The PM: I do not think any jury would convict defendant on witness’ evidence. These papers can be sent to the Justice Department, and if the Attorney-General thinks there is sufficient evidence he can put him on his trial.
Frank Borg had a similar charge preferred against him. Then the charge was read he answered, “No, sir.”
Dr WA Standish gave similar evidence to that given in the previous case. He said he examined defendant, who had a slight urethal discharge, which was possibly due to gleet. t would be possible for another male person coming into contact with another to convey the disease. He had taken a swab from defendant.
Mr Kissane: Have you formed the opinion that the boy is suffering from disease?—Yes, positive.
You came to that conclusion from an examination of the boy’s person?—Yes.
Did the boy tell you anything that would account for him having the disease?—No.
Did any answers given by the boy indicate whom he might have contracted the disease?—No.
Constable [Willie] Fleming said that at 4 pm on September 7 defendant was brought to the lockup and was identified by McMillan. McIntosh said to McMillan, “What reason have you for identifying this man?” McMillan said, “He did something to me down the back. I saw him near the billiard room and said, “What about coming around the back?” I asked him where, and he said, “Behind the billiard room.” Defendant said, “What about disarranging your clothes?” Witness declined, and defendant said “Here is 2/-; what about -----?” Defendant said, “If you don’t put your ----- head down -----.” The lad then described what occurred and said that he had not met defendant before that date at the rear of the hotel, where something happened in the yard. Borg, said McMillan, said, “If you pimp on me I will shoot you and cut your head off with a razor.” Sergeant McIntosh said to Borg, “Do you wish to say anything?” Borg said, “It is all lies, and I want a doctor to examine him and me. If I done it I will pay for it; if I didn’t do it I will not for it.”
The lad [Alexander John McMillan] giving evidence, said he once resided near the Royal Hotel, and had complained about the Maltese. Borg had interfered with him. He knew Borg at Grady’s Creek as “The Kid.” In the street in Casino Borg made a suggestion to him and he replied, “What do you think I am, a man or a -----?” Borg said, “Don’t be mad.” Defendant interfered with witness’ clothing and committed an offence. He then caught witness by the head and forced him to commit an act of extreme indecency. Borg then threatened to shoot him, kick his ---- in, and cut his head off if he pimped. Another night Borg called him and they entered a building where Borg made an indecent suggestion to him and forced him to comply.
Sgt McIntosh: The doctor is treating you for something. How did you get that?—Off the “The Kid” (Borg.)
Mr Kissane (for defendant): “The Kid” did nothing to me at Grady’s Creek; the first time was in Casino. Two acts of indecency occurred in Casino at the rear of the billiard room, and one behind the Royal Hotel.
Mr Kissane submitted that there was no case.
The PM: I am inclined to send him for trial. Borg, you are committed for trial to the sittings of the Supreme Court at Lismore on September 24. Bail was allowed, self in £200 and one surety of £200.
A charge of vagrancy against McMillan was adjourned for a month.
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The Richmond River Express, Wed 17 Sep 1930 10
LOCAL INTEREST
————
…
COMMITTED FOR TRIAL
After evidence had been concluded in the Casino Police Court yesterday, before Mr EA Mahoney, PM., in the charges against Frank Borg, a Maltese, of having unlawfully assaulted a male person, and with committing an offence against the order of nature, the defendant was committed for trial at the Lismore Circuit Court on September 24, on bail of £200.
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The Sydney Morning Herald, Thu 18 Sep 1930 11
COUNTRY NEWS.
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…
MALTESE COMMITTED FOR TRIAL.
Casino, Wednesday.
Arising out of the arrest of nine Maltese here, following allegations of assaults on boys, two more Maltese, Frank Borg and Sam Zhra, were committed for trial. Two others, Joe Gsyhemy and Grezio Attard, were discharged.
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The Northern Star and Richmond and Tweed Rivers Advocate, Wed 24 Sep 1930 12
GENERAL NEWS
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Town and District Matters
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Lismore circuit court
The following cases are listed for hearing before Mr Justice Halse Rogers at the Lismore Circuit Court which commences at 10 am to-day: Rex v. Walter Harold Donnelly, charged with a serious offence; Thomas Jackson, charged with larceny; Frank Borg, Jim Borg, Frank Galea, Frank Gretch, Sam Zahri, Jack Xuereb, each charged with a serious offence.
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Depositions for Jim Borg 26 Sep 1930 Lismore trial 13
NEW SOUTH WALES POLICE.
North Coast District,
Casino Station,
17 September 1930.
Report relevant to antecedents of:–
Name: Jim Borg (34)
Offence: Sodomy
Committed for Trial at: Lismore Circuit Court
Date: 24th September 1930
Sergeant 1st Class McIntosh reports:– That accused is a single man born at Malta. He arrived in Sydney about sixteen years ago, date and name of boat not known. He has been employed on railway and road construction works at Dorrigo, Ballina-Booyong, Kyogle-Upper Grady’s Creek. He has always been in the company of other Maltese five of whom have been committed for trial for the same offence and three after hearing of evidence were discharged.
Finger prints have been taken and forwarded to the Commissioner of Police, Fingerprint Branch and the result has been received as not known.
[Signed] SL McIntosh, Sergeant 1st Class.
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Petty Sessions Office, Casino 10th September 1930. |
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(a) Name in full of accused. |
Rex v. (a) Jim Borg |
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(b) Offence. |
(b) Sodomy |
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(c) “Supreme Court,” or “Quarter Sessions.” |
Depositions and the other Documents in the case of the above named accused who has been committed to take his trial at the (c) Court of Circuit Court to be held at Lismore on Wednesday the 24th day of September 1930 are forwarded under separate cover |
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(d) “Is confined in the Gaol at …,” or “has been admitted to bail” (with full particulars as to sureties, addresses, occupations, and amounts, as set out in Recognisance.) |
The accused is (d) confined in the Gaol at Grafton |
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(e) As in Recognizance, both for Crown and defence, specifying also what witnesses gave evidence but were not bound over, with reason for omission. |
The Witnesses bound over are (e) Willie Fleming of Casino Police Constable, William Rodney McMillan of Sth Casino, John McMillan of Sth Casino Labourer and William Alexander Standish of Casino, Medical Practitioner |
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(f) Short description to enable identification. |
The Exhibits enclosed are (f) Nil |
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[Signed] C[hristopher] J[ames] M[atthew] Hade |
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The Under Secretary of Justice. |
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N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates April, 1920 |
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RECORD OF EXHIBITS. Rex versus Jim Borg |
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Distinguishing Letter or Number. |
Description of Exhibit. |
In whose custody or how disposed of. |
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Nil |
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[Signed] R[obert] V[incent Denis] Carroll, Dep Clerk |
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(Charge) Case No. 571 of 1930.
Clerk of Petty Sessions, Casino
8th September 1930.
Jim Borg (aged 34) is charged for that on or about the twenty-ninth day of August 1930, he did at Casino in the State of New South Wales assault one William Rodney McMillan and then wickedly and against the order of nature carnally knew the said William Rodney McMillan and did commit with the said William Rodney McMillan the abominable crime of buggery.
Pleads -----
Remanded to 9/9/30. Bail not applied for.
[Signed] CJM Hade, JP.
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Depositions of Witnesses.
(To accompany all cases of committal for trial.)
State of New South Wales,
TO WIT. }
The examination of Willie Fleming of Casino in the said State, Police Constable William Rodney McMillan of South Casino and John McMillan of South Casino, labourer (evidence of William Alexander Standish taken in the case of Joe Galea and with the papers of Frank Galea accepted as evidence in this case) in the said State, taken on oath this ninth day of September 1930, at the Casino Police Court, in the said State, before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of Jim Borg (hereinafter called the accused) who [was] charged before me for that he the said accused on or about the twenty-ninth day of August in the year of Our Lord one thousand nine hundred and thirty at Casino in the said State, did assault one William Rodney McMillan and then wickedly and against the order of nature carnally knew the said William Rodney McMillan and did commit with the said William Rodney McMillan the abominable crime of buggery.
1
[Case] 571
This deponent sworn states, my name is Willie Fleming I am a Police Constable stationed at Casino. At 11 am on 6th instant nineteen Maltese were placed in the Casino lock up exercise yard. Sergeant McIntosh said to them “You are here for the purpose of identification as certain complaints have been made. You can place yourselves in any position in the line you think fit,” which they did. William Rodney McMillan was then brought in to the exercise yard and Sergeant McIntosh said to him “I want you to look along this line of men and place your hand on the men’s shoulders whom you have complained of having interfered with you.” McMillan walked up to accused now before the Court and placed his hands on his shoulder as well as on several other men. They were then brought from the line of men and the accused was confronted with William Rodney McMillan and the Sergeant said “I am going to ask you certain questions. You needn’t answer them unless you wish but whatever you do say will be taken down in writing and given in evidence.” Questions and answers as followed were taken down in writing by me in a book. Sergeant McIntosh to McMillan “You identified this man, what was done, tell us.” A. “He put his prick up my behind.” Q. “When and where?” A. “Down near the footbridge.” Q. “Did he give you anything?” A. “Yes he gave me something.” Q. “What, a two bob? When was that?” A. “I don’t remember” to accused “You heard him” (meaning McMillan). A. When this McMillan answered “Friday, I think last Friday.” Q. “Yesterday?” A. “No, yesterday week.” Borg, I want to say last week I was in Lismore. Q. “You heard what he said about you. He said you put your cock in his arse.” A. “I was in Lismore.” Q. “Did you do it any time?” A. “I never stick it in his bum. He suck me off.” Q. “I gave him 2/-?” A. “Yes.” He was then charged as he now stands charged and made no reply.
No questions.
[Signed] W Fleming.
Taken and sworn at Casino, this 9th day of September 1930 before.
EA Mahony, SPM.
2
[Case] 571
This Deponent William Rodney McMillan having made the prescribed legal promise says, I am sixteen years old. I live with my parents at South Casino. I made complaints regarding certain Maltese interfering with me and identified certain Maltese as having interfered with me. The accused now before the court is one of those. He interfered with me down near the swimming bath he I pulled down my trousers and pulled my shirt up and accused put his prick up my behind. That was last week but I don’t remember the day. He gave me 2/-. That was the first and last time he did it to me.
Reproduction: Peter de Waal
To Mr Kissane: That is all he did to me. He did nothing else. I had never seen him before. It was after dinner. The Police saw me the next day. I remember the Police seeing me about these cases along the river bank I now say it was since the Police saw me. It was the day before I was taken to the lock up that this was done to me. That was on Friday. The other men all did it to me in different weeks. The day the accused did it to me I was down the town walking up and down the main street. Accused gave me a hint to go up to the swimming baths. He was the only one who had done that to me that day. Accused denied doing it. I did nothing to him. It is quite untrue that I sucked him off.
[Signed] William McMillan.
Taken and sworn at Casino, this 9th day of September 1930 before.
[Signed] EA Mahony, SPM.
3
[Case] 571
By consent The evidence of Dr [William Alexander] Standish admitted in the case of Frank Galea is by consent of accused to be regarded as evidence in this case.
[Signed] EA Mahony, SPM, 9.9.1930.
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(F. 2.– “Justice’s Act, 1902.”)
Statement of the Accused.
State of New South Wales, Casino
TO WIT. }
Jim Borg (hereinafter called the accused), stands charged before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, on the ninth day of September, 1930, for that he, the accused, on or about the twenty ninth day of August 1930, at Casino in the said State, did assault one William Rodney McMillan and then wickedly and against the order of nature carnally knew the said William Rodney McMillan and did commit with the said William Rodney McMillan the abominable crime of buggery and the said charge being read to the accused, and the witnesses for the prosecution, Willie Fleming of Casino Police Constable, William Rodney McMillan of South Casino and John McMillan of South Casino labourer being severally examined in his presence, and (the depositions of the said witnesses having been read to him) the accused is now addressed by me the said Justice as follows:– “Having heard the evidence, do you with to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing, and may be given against you in evidence at your trial; and you are also informed, and are to clearly understand, that you have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to you to induce you to make any admission or confession of your guilt, but whatever you now say may be given in evidence against you upon your trial notwithstanding such promise or threat.” Whereupon the accused saith as follows:– “I reserve my defence.”
[Signed] Jim (his X mark) Borg.
Taken before the undersigned Justice and read over to the said defendant at Casino in the said State, the day and year first above mentioned.
[Signed] EA Mahony, SPM.
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G. 190.
New South Wales, Casino
TO WIT. }
REX.
versus
Jim Borg
Offence: Sodomy
The accused stands committed to take his trial at the next Court of Circuit Court to be holden at Lismore, in the State of New South Wales, on the 24th day of September 1930, or at such other Court to be holden at such place and time as the Attorney-General may appoint. Bail allowed the accused in £200 and two sureties in £100 each, or one in £200
[Signed] EA Mahony, SPM JP.
Dated at the Casino in the said State this 10th day of September 1930.
(May, 1930.) 21857
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“Justice’s Act, 1902.”
Recognizance of Witnesses to give Evidence at Court of Quarter Sessions or Gaol Delivery.
State of New South Wales, Casino
TO WIT. }
Be it remembered, that on the ninth day of September 1930 Willie Fleming of Casino, Police Constable William Rodney McMillan of South Casino John McMillan of South Casino labourer William Alexander Standish of Casino medical practitioner 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, of good and lawful money of Great Britain, to be made and levied of their goods and chattels, lands and tenements, to the use of our said Lord the King, his Heirs and Successors, if they the said before mentioned persons shall fail in the condition indorsed hereunder.
The condition of the within written recognizance is such, that whereas Jim Borg (hereinafter called the defendant) was this day charged before Edward Augustus Mahony, Esquire, one of His Majesty’s Justices of the Peace for the said State, with sodomy.
If, therefore, they the before mentioned persons shall appear at the next Circuit [Court] to be holden at Lismore in and for the State of New South Wales, on Wednesday the 24th day of September 1930 at ten of the clock in the forenoon, or at such other court, to be holden at such time and place as the Attorney General may appoint, of which such last-mentioned Court each of them shall receive due notice, and then and there give such evidence as they know upon an information to be then and there preferred against the said defendant for the offence aforesaid, to the jurors who sh ll pass upon the trial of the said defendant, then the said recognizance to be void, or else to stand in full force and virtue. [Signed] W Fleming, William McMillan, WA Standish, John McMillan.
Taken and acknowledged the day and year first above mentioned at Casino in the said State, before me.
[Signed] CJM Hade, JP.
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[On the depositions’ cover sheet is the following]
Supreme Court.
Lismore
24th September 1930
AG’s No. -----
Depositions.
CS’s No. 3
Rex
v.
Jim Borg
Sodomy and Indecent assault on male
Committed at: Casino
on: 9th September 1930
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Court. Supreme Court Lismore
Date. 26th September 1930
Coraki Road. Halse Rogers Judge.
Plea. Guilty to count of indecent assault on male. Count for sodomy withdrawn
Verdict. -----
Judgment. Three years penal servitude
EF McDonald
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.
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Buggery
[Initial illegible]
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Justice PH Rogers notebook 14 & 15
55
[Lismore Circuit Court] 26 September 1930
R v Jim Borg
McDonald CP
Collins for prisoner
1. Buggery 2. Indecent assault on male person
Plea: 1. not guilty 2. guilty
Remanded for sentence
Sentence: Three years penal servitude
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Barrier Miner, Sat 27 Sep 1930 16
FIVE MALTESE CONVICTED
OF A SERIOUS OFFENCE
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Jury Recommends
their Deportation
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Lismore, Saturday.
After convicting five Maltese of unnatural offences at Casino, the jury added a rider to their verdict that they should be deported.
Mr Justice Halse Rogers said this question was outside his jurisdiction, but he had no doubt that the recommendation would receive the serious consideration of the authorities. One of the Maltese was sentenced to seven years’ imprisonment and the other four to three years. A sixth man was acquitted.
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Casino and Kyogle Courier and North Coast Advertiser, Sat 27 Sep 1930 17
SEVEN YEARS’ GAOL
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Maltese Espoiler Sentenced.
————
CASINO’S REVOLTING CASES.
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The trial of the Maltese who were committed in the Police Court at Casino in connection with unnatural offences against youth of 20, 16 and one lad under 16 years of age came on yesterday at the sittings of the Lismore Supreme Court, before Mr Justice Halse Rogers.
Frank Gaech pleaded guilty to interference with the youngest lad. The evidence showed that he was caught in the act of committing an abominable offence. He was sentenced to seven years, with hard labour.
Jack Xureb, Frank Galea, Jim Borg and Sam Zhra were brought in guilty and each sentenced to three years’ gaol.
Frank Borg, charged with a similar offence to the others, was brought in not guilty and acquitted.
The Casino police must be complimented for bringing to justice these men, who undoubtedly were a menace to the community.
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Morning Bulletin, Sat 27 Sep 1930 18
UNNATURAL OFFENCES
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FOREIGN PERVERTS
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HEAVY SENTENCES
———
Judge’s Comments
Lismore, September 26.
Six Maltese were before Mr Justice Halse Rogers and a jury in the Circuit Court to-day charged with having committed unnatural offences. One was sentenced to seven years, four others to three years and one was acquitted.
The jury added a rider to the verdict that the accused found guilty should be deported.
His Honor said deportation was outside his jurisdiction, but it would receive serious consideration by the authorities.
He added that from comments in court it appeared that offences of a similar nature had been committed by a number of men in the Casino district, mostly Maltese, employed in railway construction gangs. Apart from the offences, it must also be considered that they were corrupting boys of the countryside.
One Maltese, Jack Xuereb, asked if he had anything to say before sentence was passed, said that if sent to prison he would take the first opportunity of hanging himself in his cell.
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The Northern Star and Richmond and Tweed Rivers Advocate, Sat 27 Sep 1930 19
MALTESE CHARGED
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Deportation Recommended
———
TERMS OF IMPRISONMENT
———
Six Maltese were before the Circuit Court in Lismore yesterday charged with serious offences. Mr Justice Halse Rogers presided. Mr EF McDonald (Crown Prosecutor) conducted the prosecution. Mr CM Collins (instructed by Mr JJ Kissane) appeared for the defendants.
windbreaks, Darnick, NSW, n.d.
Image: NSW State Library collection.
Reproduction: Peter de Waal
One jury added to its verdict a rider that the accused found guilty, and the others found guilty or who pleaded guilty, should be deported. “I think no words too strong to condemn the crime,” said his Honour. “Deportation is beyond my jurisdiction, but the recommendation will be noted by the authorities and if it is possible to take steps serious consideration will be given to your recommendation.”
CHARGE ON COUNTRY
At the conclusion of the hearings his Honour said that the sentences might not be carried out for the Government might think fit to deport the prisoners before the expiration of the sentences. The matter was outside his jurisdiction, but if the Government decided to deport the prisoners, he did not think it was essential that they should be a charge on the country for the whole of the terms, in one case seven years and in the others three years.
His Honour also made strong comments on the revolting nature of the crimes and said that there was not only the offence to be considered but the corrupting of the boys of the countryside.
It was stated in the Court that offences had been committed by persons engaged in the construction of railway lines in the Casino district to the border and mostly by Maltese. His Honour did not know whether the crime was a serious one in Malta, but did know that it was not seriously regarded in some Continental countries.
Frank Grech pleaded guilty and was sentenced to seven years penal servitude.
The following jury was empanelled to hear the charge against Jack Xuereb. DR Gilmore, OB Wilson, HE King, EC Hampton, JD McDonald, TW Gordon, AE Priddis, SG Barnes, GW Blanch, RJ Kirkland, GCC Kraus, and TG Gallagher, and found the accused guilty.
ACCUSED’S APPEAL
Asked if he had anything to say before being sentenced the accused made an impassioned appeal to his Honour not to accept the word of a mentally deficient boy against his (Xuereb) word. Xuereb said if he were sent to gaol he would take the first opportunity of hanging himself in his cell.
The accused was sentenced to three years’ penal servitude.
The case against Sam Zahra was heard by the following jury: CE Whitney, CW Johnston, A Clarke, EA Arthur, FM Lee, R White, RJ Simes, AJ Bryce, WHA Jackson, TW Green, JC Miller, JA O’Flynn. The accused was found guilty and sentenced to three years’ penal servitude.
There were two charges against Jim Borg and to one he pleaded guilty and the other was withdrawn. He was sentenced to three years’ penal servitude.
The following jury heard the case against Frank Galea:– T Dickson, EJ Cook, A Foster, JA Leu, SJ Denning, H Larkin, SJ Bruggy, HJ Edwards, GW Blanch, HE King, HJ Keevers, SG Barnes. Peter Fenech was sworn as interpreter. The jury found the accused guilty of attempting an offence. Galea was sentenced to three years’ penal servitude.
There were two charges against Jim Borg and to one he pleaded guilty and the other was withdrawn. He was sentenced to three year’s penal servitude.
[sic–sentence repeated as per above] The following jury heard the case against Frank Galea:– T Dickson, EJ Cook, A Foster, JA Leu, SJ Denning, H Larkin, SJ Bruggy, HJ Edwards, GW Blanch, HE King, HJ Keevers, SG Barnes. Peter Fenech was sworn as interpreter. The jury found the accused guilty of attempting an offence. Galea was sentenced to three years’ penal servitude.
The following jury heard two charges against Frank Borg: John Sullivan, A Taylor, CW Johnston, A Guthrie, JA Richardson, CE Whitney, JA O’Flynn, TW Green, JC Weller, AE Priddis, WA Walmsley, R White. The accused was found not guilty and discharged.
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Townsville Daily Bulletin, Mon 29 Sep 1930 20
A REVOLTING CASE.
————
Lismore, September 26.
Six Maltese were before Justice Halse Rogers, and a jury in the Circuit Court to-day, charged with unnatural offences. One was sentenced to seven years, four others to three years and one was acquitted.
The jury added a rider to their verdict that the accused found guilty should be deported.
His Honor said that deportation was outside his jurisdiction, but would receive serious consideration by the authorities. He added that from the comments in Court it appears that offences of a similar nature had been committed by a number of men in the Casino district, mostly Maltese, employed in railway construction gangs. Apart from the offences, it must also be considered that they were corrupting the boys of the countryside.
One Maltese, Jack Xuereb, asked if he had anything to say before sentence was passed, said that if he was sent to prison, he would take the first chance of hanging himself in his cell.
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Casino and Kyogle Courier and North Coast Advertiser, Wed 1 Oct 1930 21
MALTESE DESPOILERS.
————
RECOMMENDATION FOR DEPORTATION.
————
“Crimes Too Strong for Words.”
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As stated in last issue, when the sentences of seven years on one man and three years on four others were mentioned, six Maltese were before the Circuit Court in Lismore on Friday, charged with serious offences. Mr Justice Halse Rogers presided. Mr EF McDonald (Crown Prosecutor) conducted the prosecution. Mr CM Collins (instructed by Mr JJ Kissane, Casino) appeared for the defendant.
One jury added to its verdict a rider that the accused found guilty, and the others found guilty or who pleaded guilty, should be deported. “I think no words too strong to condemn the crime,” said his Honor. “Deportation is beyond my jurisdiction, but the recommendation will be noted by the authorities and if it is possible to take steps serious consideration will be given to your recommendation.”
At the conclusion of the hearings, his Honor said that the sentences might not be carried out for the Government might think fit to deport the prisoners before the expiration of the sentences. The matter was outside his jurisdiction, but if the Government decided to deport the prisoners, he did not think it was essential that they should be a charge on the country for the whole of the terms, in one case seven years and in the other three years.
His Honor also made strong comments on the revolting nature of the crimes, and said that there was not only the offence to be considered, but the corrupting of the boys of the countryside.
It was stated in the Court that offences had been committed by persons engaged in the construction of railway lines in the Casino district to the border, and mostly by Maltese. His Honor did not know whether the crime was a serious one in Malta, but did know that it was not seriously regarded in some Continental countries.
Asked if he had anything to say before being sentenced, Jack Xureb made an impassioned appeal to his Honor not to accept the word of a mentally deficient boy against his (Xureb) word. Xureb said if he was sent to goal he would take the first opportunity of hanging himself in his cell.
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Jim Borg, Gaol photo sheet 22
![SRNSW: NRS2328, [14/3084], Maitland Gaol Photograph description sheets, 1930-1932, No. 2195. 13](../../images/trials/1930-Borg-3084-gaol-photo-2195-Jim-Borg.jpg "SRNSW: NRS2328, [14/3084], Maitland Gaol Photograph description sheets, 1930-1932, No. 2195. 13") |
Gaol Photo Sheet - Transcribed Details
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Name Jim Borg (aka Joseph Camilleri) No. 2195 Date when Portrait was taken: 17-10-1930 |
Finger Print |
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Native Place Malta Year of Birth 1896 Arrived in State Ship – Trade or occupation Religion R.C. Education, degree of Nil. Height, without shoes 5' 4" Weight in lbs. On committal 131 Colour of hair Dark Brown. Colour of eyes Brown. Marks or special features Red Flag on Right forearm. Woman’s Head, Heart and Wreath on left arm. |
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CONVICTIONS St 7574 97939 |
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Court. |
Date |
Offence. |
Sentence |
Name. |
Gaol No. |
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Lismore CC |
26 |
9 |
1930 |
Indecent assault on a male person |
3 years P.S |
Jim Borg |
M.land. 30-519 |
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1 The Brisbane Courier, Mon 8 Sep 1930, p. 18.
2 The Richmond River Express, Tue 9 Sep 1930, p. 2. Spelling of names transcribed as found.
3 Casino and Kyogle Courier and North Coast Advertiser, Wed 10 Sep 1930, p. 2. Spelling of names transcribed as found.
4 The Richmond River Express, Wed 10 Sep 1930, p. 2. Spelling of names transcribed as found.
5 The Sydney Morning Herald, Thu 11 Sep 1930, p. 7. Spelling of names transcribed as found.
6 Barrier Miner, Fri 12 Sep 1930, p. 1.
7 Casino and Kyogle Courier and North Coast Advertiser, Sat 13 Sep 1930, p. 2.
8 Truth, (Syd, NSW), Sun 14 Sep 1930, p. 13. Emphasis in original and added. Names transcribed as found in the original text.
9 Casino and Kyogle Courier and North Coast Advertiser, Wed 17 Sep 1930, p. 2. Emphasis added.
10 The Richmond River Express, Wed 17 Sep 1930, p. 2.
11 The Sydney Morning Herald, Thu 18 Sep 1930, p. 10.
12 The Northern Star and Richmond and Tweed Rivers Advocate, Wed 24 Sep 1930, p. 8. Emphasis added. Spelling of names transcribed as found.
13 SRNSW: NRS880, [9/7332], Supreme Court, Papers and depositions, Lismore, 1930, No. 3. Emphasis added.
14 SRNSW: NRS5997, [3/2354], Judiciary, PH Rogers, J. Notebooks Criminal Circuit, 1928-1945, p. 55.
15 Sir Percival Halse Rogers (1883-1945) was born on 1 Aug 1883 at Gunnedah, NSW. He was educated at Newington College and became NSW’s second Rhodes scholar. After his return from Oxford he became a temporary clerk in the NSW Crown Law Office at £2 per week, then associate to NSW Supreme Court Chief Justice (Sir) William Cullen. He was admitted to the NSW Bar on 9 Mar1911. At the Bar he soon held a large common law practice and a respected position. On 7 Jun 1928 Rogers was elevated as a judge of the NSW Supreme Court and sat in the common law jurisdiction. CE Weigall, solicitor general, observed: ‘only those persons to have appeared as counsel in his (Rogers) court can fully appreciate the quickness of his intelligence and his capacity to grasp at the outset the salient point in a complicated case.’ Furthermore Chief Justice Sir Frederick Jordan considered him ‘a judge of great learning and distinction’. He was of medium height, portly, with a fair complexion and blue eyes. He was appointed KBE in 1939. Rogers died suddenly on Sunday 7 Oct 1945 of a heart attack, having presided in court on Fri and spent Sat at Randwick races without any signs of failing. His funeral service was held at St Mark’s Church of England, Darling Point and later cremated. ADB, 1891-1939, vol. 11, pp. 442-3.
16 Barrier Miner, Sat 27 Sep 1930, p. 1.
17 Casino and Kyogle Courier and North Coast Advertiser, Sat 27 Sep 1930, p. 2. Emphasis added.
18 Morning Bulletin (Rockhampton, Qld), Sat 27 Sep 1930, p. 9.
19 The Northern Star and Richmond and Tweed Rivers Advocate, Sat 27 Sep 1930, p. 3. Emphasis added.
20 Townsville Daily Bulletin, Mon 29 Sep 1930, p. 11.
21 Casino and Kyogle Courier and North Coast Advertiser, Wed 1 Oct 1930, p. 4. Emphasis added.
22 SRNSW: NRS2328, [14/3084], Maitland Gaol Photograph description sheets, 1930-1932, No. 2195.
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