The Raleigh Sun, Fri 13 Mar 1903 ¹

POLICE COURT.
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    AT the Bellingen Police Court, last Saturday,
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    On Monday last, before Messrs R Page, AE Ellis, and SJ Piggott, JsP, two men named Adolphe Vermeesch and Thomas Grant were charged on summons with having, on February 27 last, at Bellinger Heads, in company, assaulted one Frederick James Jackson with intent to rob. Mr Gilfillan appeared for the accused, and Senior Constable Jordan conducted the examination of witnesses for the prosecution.

    Frederick James Jackson, laborer, of Bellinger Heads, stated: The informations read are true; I paid Vermeesch £3 for board on February 27, at Mr Arnold’s hotel, and still owed him a balance; I told him that was all I could spare at the time, as I wanted the other money to bring my wife and family over and for their support; he appeared to be satisfied. I left Arnold’s hotel in company with the two accused, to go to my camp; I was taking a drop of spirits out for my mate, who was working at the wharf; on the road Vermeesch said, “It’d time we had a drink”; we had a drink out of the bottle, and Vermeesch retained possession of it; further on we had another drink. The next that happened was Grant struck me in the face, knocking me down; Vermeesch then tried to catch hold of me, but I scrambled away for a short distance off the road; Vermeesch caught me by the coat; Grant came up and struck me on the head with his hand, and afterwards caught me by the throat; Grant told the other man to hit me, and Vermeesch did so; Grant also kicked me on the arm. Vermeesch said, “Now for my board money, I want £6 3s from you”; he then put his hand in my right-hand trousers pocket and took my money out; he retained three £1 notes and 3s, the remainder he put back in my pocket; he said, “There may be some spilt on the ground, but you can look for that yourself.” Both Vermeesch and Grant left me then, and as he was going away Vermeesch said, “you won’t work tomorrow, you’ll work no more here.” I first went to Bondietti’s camp and reported the matter to him, and wanted him to come with me; the assault took place at night, long after tea; there is a house about 200 yards away from where I was assaulted; it was a dark night I believe; next morning I went to Vermeesch’s and said “What about the money”; he replied, “What, the money I took from you, I only took my own, it was my board money”; shortly afterwards he said, “I only took £3 3s.”; in my excitement I believe I asked Vermeesch to return me £6 3s.; I said, “I’ll give you five minutes to pay it back, if not I will have you arrested”; Vermeesch replied, “You’d better get, or you’ll get some more of what you got last night”; two men named Smith and Miller were present when I saw Vermeesch; I then reported the matter to Constable Vaughan, and pointed out to him where the assault occurred, and found my hat there.

    By Mr Gilfillan: I had no hat on when I got to Bondietti’s camp; I told him I had lost a hat and pipe where the scuffle took place, and that I had been assaulted and robbed by the accused; Bondietti told me to take proceedings against them; I have a mate named W Marriott, and saw him next morning; the scuffle took place between the new mill and Ness’s place, and may have lasted half-an-hour or an hour; I called out; before the accused came to the hotel I had had three or four drinks; cannot say what I owed Vermeesch, but as far as I know £6 3s. is correct; I had over £6 in my pockets; have not sent my wife any money for some weeks; I intended to pay Vermeesch when I drew by back time; Grant took part in the assault, and struck matches on the ground so as to count the money they had taken from me; I would have taken the £3 3s. if Vermeesch had paid it to me; on one occasion, while suffering from drink, I took a bicycle at Kempsey, under the impression that it was my own property.

    By Senior-constable Jordan: I tried to run away when first assaulted.

    John Miller, laborer, Bellinger Heads quarry, stated: I remember Jackson going to Vermeesch’s house on Saturday, February 28; he asked for Vermeesch; Mrs Vermeesch told him to go and look for him; about two minutes later Vermeesch came through the house; Jackson said to Vermeesch, “You robbed me last night;”: Vermeesch said, “I didn’t;” Jackson said, “You took £3 out of my pocket;” Vermeesch said, “No, I didn’t;” Jackson said, “Give me £6 and I’ll cry quits, if not I’ll give you five minutes, and then lay an information;” Vermeesch said, “I did not take £6, I only took £3 3s., which was my own, and you’d better get off the place or you’ll get some more of what you got last night;” Jackson appeared to have been knocked about; his muscle was bruised, and his bottom lip very thick as if he had been hit.

    By Mr Gilfillan: Jackson was seven or eight minutes talking to Vermeesch; I saw a bruise on his muscle at my tent; Jackson did not look as if he had been drinking heavily the night before.

    James Smith, laborer, residing at Bellinger Heads, stated: I was at Vermeesch’s boarding-house on February 28, and saw Jackson come there; Vermeesch came on to the verandah, when Jackson said, “Give me the £6, or I’ll fetch the police, you robbed me of £3 3s. last night”; Vermeesch replied, “I didn’t, it was my own, get away out of this, or you’ll get more of what you got last night.” Jackson went away.

    By Mr Gilfillan: Jackson came into my tent at daylight that morning, but I took very little notice of what he said; Jackson had had a few drinks the night before; he was on Vermeesch’s verandah 10 or 15 minutes.

    Samuel Bondietti, carpenter, Bellinger Heads, stated: I remember Jackson coming to my tent on Friday night, February 27, between 11.30pm and midnight; he made a complaint to me about being robbed by two curs, and asked me to go to Vermeesch’s with him, but I did not do so; Jackson looked as if he had been knocked about, and had marks on his face; he seemed sober enough when he was talking to me.

    By Mr Gilfillan: My tent is near the track from the hotel; Jackson had no hat on, and said he had lost it along the road; he did not say anything about losing a pipe; he afterwards told me who had robbed him, and that Vermeesch had taken £3 3s. from him.

    Mr Gilfillan here raised the point that even if the money was taken from Jackson it was not robbery, if the accused had a bona fide right to the money, and cited certain cases.

    The Bench decided that it was a case which might be summarily dealt with, and having administ3ered the usual caution to the accused they were charged with stealing from the person, and having elected to be summarily dealt with, both pleaded not guilty.

    For the defence, Adolphe Vermeesch stated: I know Jackson, who boarded with me for seven weeks and four days, for which he was indebted to me; Grant and I went to Arnold’s hotel on Friday night and had a drink together; Jackson gave me £3 on account and asked me if I was satisfied, and I said yes; Jackson said he would pay the balance; Jackson came out to us on the verandah and asked Grant and I to have a drink; I had two drinks with him; we started for home, Jackson having a bottle of rum; after walking about a mile he asked us to have a drink, and we did so; after going another half-mile we had another drink; after that Jackson called Grant a “b—– bastard” and put his hands up; Grant knocked him down; Jackson tried to catch hold of Grant’s leg; after some more scuffling we went on, and when about 100 yards away Jackson called out, “Vermeesch, if you want your money come back and get it”; I came back and he pulled his money out of his pocket and told me to take what was mine; Grant followed me back; I asked Grant if he had any matches; Grant struck some matches while I counted the money, and I handed back the other money to Jackson; we then left him. Next morning I saw him at my boarding-house. I never touched Jackson at all, and did put my hand in his pocket; Jackson knew what he was doing about the money.

    By Senior-constable Jordan: There was no conversation on the road out as to the money.

    Thomas Grant, laborer, Bellinger Heads, stated: The evidence given by Vermeesch as to what occurred up to the time of the scuffle between Jackson and myself is correct; Jackson and Vermeesch had some talk about charges made for goods; he called me a “b—– thing,” and I struck him three or four times; Vermeesch did not interfere in any way; Jackson said, “That’ll do,” and got on to the side of the road; we had walked away about 100 yards when Jackson called Vermeesch back, and said he could have his money; Vermeesch went back and Jackson gave him some money; Vermeesch asked me to strike a match while he counted the money and gave Jackson his change back; Vermeesch gave Jackson some 15s. change.

    By Senior-constable Jordan: There was some talk about candles.

    This closed the evidence, and the Bench decided to dismiss the case.

    On Wednesday last, before Mr SJ Piggott, JP, August Kastner pleaded guilty to charges of being drunk and using obscene language, in Bellingen, and was fined 10s. and £1 respectively; fines paid.

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The Raleigh Sun, Fri 19 Jun 1903 ²

SERIOUS CHARGE.
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    At the Bellingen police court, on Monday last, before Mr R Page, JP, a man named Frederick James Jackson was charged with the commission of an unnatural offence near Bellinger Heads. After hearing the evidence of the arresting constable (Mr Southwell), the accused was remanded till Monday next, for the production of evidence. Mr James appeared for the accused, and applied for bail, but the presiding magistrate stated he was not disposed to grant it, on a remand, under the circumstances.

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The Raleigh Sun, Fri 26 Jun 1903 ³

POLICE COURT.
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    At the Bellingen police court, on Monday last, before the Hon E Pery, PM, and Mr R Page, JP,
…
    FJ Jackson was charged with having on June 25, near Bellinger Heads, committed an unnatural offence on a mare. The following witnesses were examined for the prosecution—Constable Southwell, H Green, J Washington, and TM Jarrett —Green and Washington swearing positively to the commission of the offence. Mr James appeared for accused, and cross-examined witnesses at considerable length. The Bench committed Jackson for trial at the Kempsey Quarter Sessions, on Monday, September 21; bail allowed, self in £160, and one surety in £160, or two of £80 each.

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The Macleay Chronicle, Thu 24 Sep 1903 ⁴

QUARTER SESSIONS.
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    The Court of Quarter Sessions was opened at West Kempsey on Monday last, His Honor, Acting Judge Armstrong, presiding. Mr RJ Browning was present as Crown Prosecutor, the other barristers in attendance were Mr Moriarty and Mr BB O’Connor.

    The legal gentlemen at the solicitor’s table were Messrs JR Marrack, Jno Gilfillan, SL Rudder, and AH Crawley. Mr Richards was also present from Bowra.

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…

Tuesday.

    Frederick James Jackson was charged with an unnatural offence. Mr AH Crawley appeared for accused. Mr RJ Browning prosecuted on behalf of the Crown.

    Four witnesses were examined at some length, including the local police constable, the offence having been committed on the Bellinger [river].

    The jury, after a short deliberation found accused guilty of attempt, and recommended him to mercy on account of his wife and family. They also considered the chief witness should have interfered.

    His Honor, in sentencing accused, pointed out that had the jury found the offence committed prisoner would have been liable to a sentence of penal servitude for life. There was no doubt that Jackson had been drinking, but that was no excuse. As the jury had recommended him to mercy he would give this due consideration. He always considered it was the duty of a judge to pay attention to the finding of the jury, who heard and weighed the whole of the evidence. His Honor then sentenced the prisoner to 2 years and 6 months hard labor in Darlinghurst.

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The Macleay Argus, Sat 26 Sep 1903 ⁵

KEMPSEY QUARTER SESSIONS.
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Monday—Sept 21—Before His Honor Acting-Judge Armstrong.
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    Mr Browning acted as Crown Prosecutor. The other legal gentlemen present were Messrs Moriarty and BB O’Connor (barristers) and Messrs J Gilfillan, JR Marrack, SL Rudder, AH Crawley and EP Richards (solicitors). Mr Chas Sutherland, JP, acted as Deputy Sheriff.

———

    John O’Shea, D Parker, Jas Maslin, GW Gordon and AG Sutherland were excused from the jury.

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…

AN ABOMINABLE OFFENCE.

    Frederick James Jackson, on bail, was charged with bestiality. Accused pleaded not guilty and was defended by Mr AH Crawley.

    Jury—Messrs Jno McCabe (foreman), W Harwood, R Hughes, EH Ducat, John Carey, jun, EA Nelson, W Fairweather, C Graham, JL Baldwin, M Bull, Martin Broderick, and J Hilliar, jun.

    The evidence given is not fit for publication. The witnesses for the prosecution were Constable Obed Southwell, Messrs Green, Jarrett, and Washington.

    No evidence was called for the defence, but accused [Frederick James Jackson] made a statement denying the alleged offence.

    Mr Crawley addressed the jury at length for the defence.

    His Honor summed up and the jury retired, and brought in a verdict of guilty of an attempt to commit the offence. They recommended accused to mercy on account of his wife and family.

    In passing sentence, His Honor said if the jury had brought in a verdict of guilty on the full count he could have passed a sentence of penal servitude for life. It was a fortunate thing for prisoner that the jury on the evidence had taken such a lenient view. His Honor said it would be well for the public to know that the minimum penal for the full offence was five years penal servitude. It was well for everyone to know how the law regarded this abominable offence. The jury, however, had recommended accused to mercy and he always took notice of such recommendations. A sentence of two years and six months in Darlinghurst Gaol was imposed. His Honor said he would have passed a sentence of three years had it not been for the jury’s recommendation.
…

ARGUS GLANCES.
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…
    When discharging the jury panel on Tuesday last, His Honor Judge Armstrong congratulated the district on its comparative immunity from serious crime.

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Frederick James Jackson Gaol photo sheet ⁶

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Gaol Photo Sheet - Transcribed Details

No. 9132
E Book 03 4657

Date when Portrait was taken: 7-10-1903

Name: Frederick James Jackson

Native place: Kempsey Year of birth: 1870 Arrived       Ship: in Colony }   Year: BS Trade or occupation previous to conviction  } Tailor Religion: C of E Education, degree of: R & W Height: 5' 5½" Weight     On committal: 147 in lbs     } On discharge: Colour of hair: Dark brown Colour of eyes: Hazel

Marks or special features: scar left forearm; and 1st finger left hand; scar from snakebite left shin; scar right instep; scar right foot near joint little toe

(No. of previous Portrait ... )  CONVICTIONS
Where and When				Offence.	Sentence
Kempsey PC Kempsey Q.S	-  22	-   9	1902 1903	Attempted bestiality	7 days HL 2½ years HL

 

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¹     The Raleigh Sun, (Bellingen, NSW), Fri 13 Mar 1903, p. 5.