Evening News, Tue 12 Nov 1901 1
MOREE MATTERS.
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At the police court Charles Phillips [sic], a youth of 19, was committed for trial on a serious charge alleged to have been committed at Boomi.
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The Moree News, Fri 21 Feb 1902 2
MOREE QUARTER SESSIONS.
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Thursday, Feb. 20th.
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Before His Honor Judge Gibson.
Crown Prosecutor – Mr W Bevan.
Mr Pocock acted as Deputy Clerk of the Peace.
The Moree sittings of the Quarter Sessions opened in the Court House this morning.
Legal profession present:– Messrs ABF Zlotkowski, RF Cook, and TR Hogan.
…
BESTIALITY.
A young man named Charles Phipps was then indicted on a charge of committing an act of bestiality, the abominable offence, it was alleged, taking place at Boomi on the 19th October, 1201 [sic]. The actual charge and material evidence are of such a nature that publication of details of the case is withheld.
Accused pleaded not guilty and was defended by Mr RF Cook.
The principal witnesses for the Crown were John Cushion, laborer, and Robert [Marshall] Donaldson, plumber, whose evidence was to the effect that they were riding around a paddock looking for a horse when they saw the accused committing the offence in a slump of bushes. The accused said to Cushion, after the latter had ridden up to him and seen the offence, and as he was riding away, “I say, Jack, say nothing about seeing me in the bush.”
Constable Moran was the other witness for the prosecution and he deposed to arresting accused. He stated that neither of the above witnesses gave him voluntary information and he knew nothing previously against the character of the prisoner.
Several witnesses gave evidence for the defence, the purport of which was to show that accused was not at the place at the time stated.
The jury retired, and after brief deliberation returned with a verdict of guilty of attempting to commit the offence.
His Honor, in passing sentence, said that accused was liable to penal servitude for life on the more serious charge. He would, however, take into consideration the prisoner’s youth and good character, and impose a low sentence so that he would be kept from associating with hardened criminals. His Honor passed a sentence of 12 months with hard labor, in Maitland gaol.
This concluded the criminal list and the Court adjourned Sine Die.
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The Moree Gwydir Examiner and General Advertiser, Sat 22 Feb 1902 3
QUARTER SESSIONS.
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The sittings of the Moree Court of Quarter Sessions were held at the Court House on Thursday before his Honor Judge Gibson.
Mr Bevan conducted the prosecutions on behalf of the Crown.
Mr PC Watt, JP, deputy sheriff, occupied his usual seat on the bench. Mr Pocock performed the duties of deputy clerk of the peace.
The local members of the legal profession present, included Messrs ABF Zlotkowski, RF Cook, and TR Hogan.
SWORN IN.
Mr Ramsay was sworn in as a Justice of the Peace.
JURORS’ FINES.
Applications were made by Mr Herbert James Grace, and Mr AGF Munro (jurors) for the remission of a fine.
His Honor after hearing what the applicants had to say by way of excuse, stated that he could not accept the excuse given as sufficient, and would not therefore remit the fines.
Mr James Halse was fined 40s for non-attendance as a juror.
…
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BEASTIALITY. [sic]
Charles Phipps, a young man, answered on bail to an indictment charging him with having at Boomi on the 19th October, 1901, committed the abominable crime of beastiatlity, and was placed in the dock.
Mr RF Cook appeared for the prisoner, who pleaded not guilty on arraignment.
The following jurors were empannelled [sic]:—W Strong, HJ Grace, HP Adams, W Dunlop, JP, JJ Arndell, JP, R Askin, G Humphries, P Tierney, THR Jackson, L Stewart, GRE Ferguson, JP, and CS Marsden.
Mr Bevan (Crown Prosecutor) in opening the case to the jury briefly detailed the circumstances according to the evidence to be adduced by the Crown, and they were of an exceptionally revolting nature.
The case for the Crown rested on the evidence of two witnesses – John Cushion, and Robert Marshall Donaldson – both of Boomi; the former being a groom at Jakin’s hotel, and the latter a plumber, who had been doing some work at the hotel. According to their evidence they left the hotel somewhere about the dinner hour, but neither were clear about the time, which was stated to be anything between 1 o’clock and 2.30 o’clock, to look for a horse. They went down to Jakin’s paddock, one preceding the other on a horse. After finding the horse they wanted they rode round the paddock in opposite directions, and on meeting again Donaldson beckoned to Cushion and told him to go and see what was in the bushes. He did so, and according to his evidence saw the prisoner there with a mare. He described what he saw, Donaldson corroborated this, and said he also saw the prisoner committing an act of beastiality.
Both witnesses were severely cross-examined by Mr Cook, and it was with difficulty the evidence in chief and in cross-examination, was dragged out of them. Donaldson, who was an elderly man, told His Honor that he was there as a most unwilling witness. The witness’s attitude and manner was somewhat peculiar, particularly after lunch, when he told Mr Cook to “stick to your brief.”
Mr Cook replied that if he was not careful he would pay the penalty of impertinence.
His Honor interposed warmly, and told the witness that without the slightest hesitation he would commit him to gaol for contempt if he refused to answer the questions.
The witness subsided and was almost immediately allowed to leave the box.
The evidence of the arresting constable (Morgan) was then taken, the most important part of it being that Phipps (the prisoner) admitted to him seeing Cushion and Donaldson near Jakin’s paddock on the date in question.
For the defence, several witnesses were called including Walter Knox, a labourer, Albert Phipps, brother of the prisoner, Sarah Newman, who admitted she had been keeping company with prisoner for some time, Frederick Waters, and Alfred Rae, with the view of proving that at the time the Crown witnesses said they saw the act committed they (the Crown witnesses) were at the hotel at Boomi. The witness Waters said he knew the time by looking at the clock in his sister’s house.
His Honor asked the witness to state what the time was then by the clock in the Court, and if was found to the amazement of everyone that he could not tell the time from the clock.
Mr Cook addressed the jury at some length, and his Honor having summed up, the jury retired to consider their verdict.
On returning into court the foreman stated that they found the prisoner guilty of an attempt only.
On being called up for sentence, his Honor told Phipps that had he been found guilty of having committed the abominable crime he would have rendered himself liable to penal servitude for life. As it was, the jury had taken a merciful view of the case.
Mr Cook asked that the provisions of the First Offenders Probation Act might be allowed to take effect in this case.
His Honor said he could not think of such a thing in a shocking case of that kind. He then sentenced Phipps to 12 months imprisonment in Maitland Gaol.
The Court was adjourned sine die.
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Charles Phipps, Gaol photo sheet 4
![SRNSW: NRS2232, [3/5973], Goulburn Gaol photographic description book, 12 Oct 1899-25 Mar 1902, No. 1575, p. 253, R5120.](../../images/trials/1902-Phipps-5973-gaol-photo-1575.jpg "SRNSW: NRS2232, [3/5973], Goulburn Gaol photographic description book, 12 Oct 1899-25 Mar 1902, No. 1575, p. 253, R5120.") |
Gaol Photo Sheet - Transcribed Details
No. 1575
Goulburn
Date when Portrait was taken: 25-3-1902
Name: Charles Phipps
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Native place: Walgett Year of birth: 1882 Arrived Ship: Trade or occupation Religion: C of E Education, degree of: Nil Height: 5' 9" Weight On committal: 164 Colour of hair: Brown Colour of eyes: Grey |
Marks or special features: Scar outside & on top right thumb, inside right forearm, base left thumb, on forehead over left eye, top of head. One large & two small scars inside left leg below knee. Scar inside left leg. Large long scar on instep left foot. Scar on right knee |
|
(No. of previous Portrait ... ) CONVICTIONS |
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| Where and When | Offence. | Sentence | |||
|
Moree Q.S |
20 |
2 |
1902 |
Bestiality |
[12 months HL] |
1 Evening News, (Sydney, NSW), Tue 12 Nov 1901, p. 7.
2 The Moree News, Fri 21 Feb 1902, p. 2. Emphasis added.
3 The Moree Gwydir Examiner and General Advertiser, Sat 22 Feb 1902, p. 2. Emphasis added.
4 SRNSW: NRS2232, [3/5973], Goulburn Gaol photographic description book, 12 Oct 1899-25 Mar 1902, No. 1575, p. 253, R5120.