Aitken Brewster Gibson, 1884
Below also see: Hekin Gibson, 1887 - Indecent assault,
Hekin Gibson, 1890 - Indecent assault,
Hekin Gibson, 1893
The Sydney Morning Herald, Tue 3 Jun 1884 1
POLICE.
———◦———
CENTRAL POLICE COURT.
The Charge Court was yesterday presided over by Mr Crane, SM.
Atkin [aka Aitken] Brewster, 25, a chemist, was found guilty of a charge of having stolen divers goods and money, the property of Michael Austin Cleary, and he was sentenced to three months’ imprisonment.
~ ~ ~ ~ ~
The Albury Border Post and Wodonga Advertiser, Wed 12 Nov 1884 2
ALBURY QUARTER SESSIONS.
His Honor Judge Backhouse opened the above Court yesterday. The Crown briefs were held by Mr Pitcairn, and there was a large attendance of the bar, among the gentlemen present being Messrs R Colonna-Close, Wise, Campbell, and Coffee.
The following cases were tried:–
INDECENT ASSAULT.
Aitken Brewster Gibson pleaded guilty to a charge of indecent assault on a girl of eight years of age. He had suffered a previous punishment of three months’ imprisonment for larceny this year. He was remanded for sentence until next (this) morning.
…
ALBURY QUARTER SESSIONS.
Wednesday, November 1. [sic]
(Before Judge Backhouse.)
…
Tuesday, November 13.
REMANDED SENTENCES.
Aitken B Gibson, for an indecent assault on a small girl, was sentenced to three years penal servitude.
~ ~ ~ ~ ~
The Albury Banner and Wodonga Express, Fri 14 Nov 1884 3
ALBURY QUARTER SESSIONS.
Tuesday, November 11.
(Before His Honor Judge Backhouse.)
This court was opened at the usual hour on Tuesday morning. Mr Pitcairn held the briefs of the Crown, and the other members of the bar present were Messrs. Coffey, Wise, Campbell, and Colonna-Close.
INDECENT ASSAULT.
Aitken Brewster Gibson, charged with indecently assaulting a little girl, pleaded guilty. A previous conviction for larceny was proved against him, and he was remanded for sentence.
…
The following jurors were sworn:– J Grieve, J Copeland, GW Dinsmore, J Adams, J Cattlin, A Ross, W Jennings, D Kelton, D Watson, W Neville, J Vout, J McBrien.
…
Thursday, November 13.
SENTENCES.
Aitken Brewster Gibson, who had pleaded guilty to a charge of indecently assaulting a little girl, was sentenced to penal servitude for three years.
~ ~ ~ ~ ~
Aitken B Gibson, Gaol photo sheet 4
![SRNSW: NRS2021, [3/6016], Berrima Gaol photographic description book, 1883-1888, No. 288, p. 71, R5093.](../../images/trials/1884-Gibson-6016-gaol-photo-288.jpg "SRNSW: NRS2021, [3/6016], Berrima Gaol photographic description book, 1883-1888, No. 288, p. 71, R5093.") |
Gaol Photo Sheet - Transcribed Details
No. 288
Date when Portrait was taken: 5th February 1885
Name: Aitken B Gibson
|
Native place: England Year of birth: 1857 Arrived Ship: Aberdeen Trade or occupation Religion: C. E. Education, degree of: R & W Height: 5' 8½" Weight On committal: Colour of hair: Dark brown Colour of eyes: Brown Marks or special features: Mouth large (crook ?) front teeth upper jaw Scar left arm above wrist 2 marks on back of shoulder scare left arm |
Where and when tried: Albury Q.S. Offence: Indecent assault on a female aged 8 years Sentence: 3 years Roads Remarks:—
|
|
(No. of previous Portrait ... ) PREVIOUS CONVICTIONS |
|||||
| Where and When | Offence. | Sentence | |||
|
Central PO |
2 |
6 |
1884 |
Stealing |
3 months H.L. |
Hekin Gibson, 1887
The Daily Telegraph, Wed 10 Aug 1887 5
Behind tram, Clarendon Hotel and Joe Davis’ jeweller shop sign.
Image: NSW State Library PXA 2113, box 56. Reproduction: Peter de Waal
POLICE.
————
At the Central Court yesterday, before Mr Johnson,
…
William Baxter [aka Hekin Gibson] was charged with wilfully breaking a pane of glass, valued at 3s 6d, in the Elizabeth-street tram waiting-room, the property of J Muir, trading as Charlemont and Co, photographers, and was fined 5s, with 3s 6d costs, or, in default, 21 days’ gaol. For stealing a photograph valued at 3s 6d, the property of J Muir, he was further sentenced to 14 days’ imprisonment. When arrested the prisoner said he was destitute and broke the glass on purpose to get into gaol.
~ ~ ~ ~ ~
The Sydney Morning Herald, Sat 15 Oct 1887 6
LAW REPORT.
…
METROPOLITAN QUARTER SESSIONS.
Friday.
(Before his Honor Mr District Court Judge Murray.)
Mr PJ Healy conducted the prosecution on behalf of the Crown.
…
UNNATURAL OFFENCE.
Hekin Gibson was arraigned upon an indictment charging him on the first count with having committed an unnatural offence upon a little boy, and on the second count with having committed an indecent assault. A jury was first empanelled to decide whether the prisoner was sane enough to plead, and having returned a verdict in the affirmative, another jury was empanelled to try the case. The evidence against the prisoner was conclusive. In addressing the jury he admitted his guilt, and stated that he was suffering from an hereditary complaint, and was quite unable to control his actions. The jury, for some unexplained reason, found him guilty on the second count only. The prison record showed that the prisoner had already served one sentence of three years for committing an indecent assault upon a female child. His Honor sentenced the prisoner to five years’ penal servitude, and, in doing so, said he had no power under the Act to sentence him to a longer period. The prisoner was a man who ought never to be at large again, and if the Act had allowed him the power to sentence him to penal servitude for life he should have done so without the slightest hesitation. It was necessary that the gaol authorities should be careful to see that he was kept apart from other prisoners.
The Court then adjourned till half-past 9 am on Wednesday next.
~ ~ ~ ~ ~
Hekin Gibson, Gaol photo sheet 7
|
Gaol Photo Sheet - Transcribed Details
No. 3981
Date when Portrait was taken: 3 October 1887
Name: Hekin Gibson
(aka Aitken Gibson, Aitken Brewster, William Baxter)
|
Native place: England Year of birth: 1859 Arrived Ship: Aberdeen Trade or occupation Religion: R Catholic Education, degree of: R&W Height: 5' 8½" Weight On committal: 153 Colour of hair: Dark brown Colour of eyes: Blue Marks or special features: |
No. of photo: Where and when tried: Sydney Quarter Sessions. Offence: Indecent assault on a male child 9 years old Remarks: Guilty To be kept apart from other prisoners as much as possible |
|
(No. of previous Portrait .. 288 Berrima) PREVIOUS CONVICTIONS |
|||||
| Where and When | Offence. | Sentence | |||
|
Central PO Albury Q.S CPO |
2 11 9 |
6 11 8 |
1884 [1884] 1887 |
Stealing Indecent assault on female child Injury Glass + stealing |
3 months Labor 3 years H.L. 21 days H.L. |
Hekin Gibson, 1890
The Bathurst Daily Times, Wed 29 Jan 1890 8
LOCAL INTELLIGENCE.
Mr JE Tonkin, MP.– By advertisement, it will be seen that Mr Tonkin will address the electors of East Macquarie at Mortimer’s Hotel, Kelso, on Friday evening next, at 8 o’clock.
POLICE COURT.
…
INDECENT ASSAULT AT THE GAOL.– The Police Magistrate (Mr W[atson] A[ugustus] Steel, PM) this morning investigated a charge of indecent assault preferred against an inmate of the gaol Hekin Gibson. The prosecutor was a chinaman named Ah Luck. The evidence is unfit for publication. The prisoner was committed to take his trial at the next Circuit Court to be held at Bathurst on the 21st April next.
~ ~ ~ ~ ~
The Bathurst Free Press and Mining Journal, Wed 29 Jan 1890 9
LOCAL and GENERAL
———◦———
…
OFFENCE IN THE GAOL.—The Police Magistrate this morning was called upon to hear a charge in the gaol against a prisoner named Hekin Gibson, of indecent assault upon a fellow prisoner named Ah Lack, a Chinaman. The evidence given was quite unfit for publication. Prisoner was committed to take his trial on 21st April next at the Bathurst Circuit Court.
~ ~ ~ ~ ~
Depositions for Hekin Gibson 22 Apr 1890 Bathurst trial 10
[Received at] Attorney General’s Department, 31 January 1890, No. 16
Court House Bathurst
30th January 1890
Sir
I have the honor to forward herewith the depositions in the case of an indecent assault noted in the margin, (Regina v. Hekin Gibson Indecent Assault) and to explain that the prosecutor Ah Luck (a chinaman) is a person of weak intellect and also very deaf – and it was impossible to obtain any evidence from him; he may not return to give evidence but seems virtually incapable of understanding what’s said to him through an interpreter.
I have the honor to be
Sir
Your obedient Servant
[Signed] Watson Augustus Steel PM
1
Bathurst Gaol
29th January 1890
Hekin Gibson charged with Indecent Assault.
Richard Musgrove on oath states:– I am a Senior Sergeant of Police at Bathurst, about half past eight ten this morning I charged the prisoner with committing an indecent assault on one Ah Luck both being prisoners in Bathurst Gaol. In reply prisoner said “Am I obliged to make you an answer?” I said “No. But whatever you do say will be taken down and given in evidence against you.” He replied “Then I plead not guilty.”
No questions.
[Signed] R Musgrove.
Taken and sworn before me this 29th January 1890.
[Signed] WA Steel, PM.
2
Michael Kearns, on oath states:– I am a carpenter and live in Sydney. I remember the 27th instant. I was then a prisoner in No. 8 Yard Bathurst Gaol and was released this morning after serving a sentence of 24 hours for drunkenness. I know prisoner, I saw him in No. 8 Yard on that day between 12 and 1 o’clock. I also saw a chinaman now outside the Court, names Ah Luck. I saw prisoner with his right left hand down the front of the chinaman’s shirt below the waist band of his trousers to his privates. He kept shaking his privates with his hands, pulling them about. I moved from where I was standing but kept watching him. Prisoner then tried to take Ah Luck’s trousers down behind. I returned to where I first saw him. Prisoner was showing Ah Luck a book with one hand and with the other was undoing (Ah Luck’s) trousers. I then saw a yards man, whose attention I called to what prisoner was doing. The yards man told me to report it. I did
3
report it to Warder Gregory. I told prisoner he was a crawling animal. He was no man. He said “Don’t say anything about it.” There were four three other men in the yard at the time besides myself, viz prisoner, Ah Luck and Bill Carlin (a prisoner).
The yards man, Bill Carlin was in the closet the whole of the time and could not see what took place.
By Prisoner: I was in gaol before I was in Bathurst Gaol and am well known to the Police at Parramatta and near there. I am sure you were using your left hand with the chinaman. I am quite sure you put your hand to the back of Ah Luck’s trousers to let them down.
By the Bench: Prisoner stopped doing this with the chinaman (Ah Luck) when he saw the yards man (McCarlin) come out of the closet. I reported the matter one minute afterwards to Warder Gregory.
I never was in Parramatta Gaol or known to the Parramatta Police except as a working man.
[Signed] Michael Kearns.
Taken on oath before me this 29th January 1890.
[Signed] WA Steel, PM.
4
George Randall on oath states:– I am a Warder in Bathurst Gaol. I remember the 27th instant about 1 o’clock on that day Kearns called my attention to what had occurred between prisoner and Ah Luck. He stated that he saw prisoner with his hands inside Ah Luck’s trousers. I then locked prisoner up.
No questions.
I know Ah Luck. He was recently discharged from the Bathurst Gaol in a charge of suspicion of being of unsound mind – he is in my opinion unfit (mentally) to give evidence here today. When Kearns reported the matter to me Warder Gregory was within hearing.
No questions.
[Signed] George Randall.
Taken and sworn before me this 29th January 1890.
[Signed] WA Steel, PM.
5
James McCartie, on oath states:– I am a prisoner at present in Bathurst Gaol. I act as yards man in No. 8 Yard, Bathurst Gaol and was so on the 27th instant. Prisoner was also there as well as Michael Kearns and Ah Luck. About the one Between 12 and 1 o’clock on that day Kearns called my attention to prisoner and Ah Luck. He stated that prisoner had his hands down inside Ah Luck’s trouser, playing with his privates. I told him to report it. I looked at the chinaman (Ah Luck) trousers. Two buttons of the front flap were undone.
Prisoner walked up to the gate following Kearns, when he (Kearns) said he would report it prisoner said to Kearns “Don’t do it.” I was in the closet and could not see what took place.
No questions.
[Signed] J McCartie.
Taken and sworn before me this 29th January 1890.
[Signed] WA Steel, PM.
~ ~ ~ ~ ~
(N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales, Bathurst
TO WIT. }
Hekin Gibson stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 29th day of January in the year of Our Lord one thousand eight hundred and ninety for that he, the said Hekin Gibson on the 27th day of January at Bathurst, in the said Colony, did indecently assault one Ah Luck and the examination of all the witnesses on the part of the prosecution having bee completed, and the depositions taken against the accused having been caused to be read to him by me, the said Justice, (by/or) before whom such examination has been so completed, and I, the said Justice, having also stated to the accused and given him clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall say may be given in evidence against him upon his trial, notwithstanding such promise or threat; and the said charge being read to the said Hekin Gibson and the witnesses for the prosecution being severally examined in his presence, the said Hekin Gibson is now addressed by me 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 in evidence against you upon your trial;” whereupon the said Hekin Gibson saith as follows:– “I have nothing to say. I reserve my defence.”
Taken before me, at Bathurst in the said Colony, the day and year first above mentioned.
[Signed] WA Steel, PM.
~ ~ ~ ~ ~
Decision
Hekin Gibson stands committed to take his trial at the next Circuit Court to be holden at Bathurst on the 21st of April next.
[Signed] WA Steel, PM.
~ ~ ~ ~ ~
(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
New South Wales,
TO WIT. }
Be it remembered, that on the 29th day of January in the year of Our Lord one thousand eight hundred and ninety Richard Musgrove a Senior Sergeant of the Police Force a Bathurst, Michael Kearns of Sydney in the Colony of New South Wales, carpenter, George Randall of Bathurst in the said Colony, warder and James McCartie of Bathurst in the said Colony, prisoner personally came before the undersigned, one of Her Majesty’s Justices of the Peace for the Colony of New South Wales, and acknowledged themselves to owe Our Sovereign Lady the Queen the sum of
FORTY POUNDS EACH,
of good and lawful money of Great Britain, to be made and levied on their Goods and Chattels, Lands and Tenements, to the use of our said Lady the Queen, her Heirs and Successors, if they the said before mentioned persons shall fail in the condition indorsed.
Taken and acknowledged, the day and year first above mentioned, at Bathurst in the said Colony, before me.
[Signed] WA Steel, PM.
The condition of the within written Recognizance is such, that whereas Hekin Gibson was this day charged before WA Steel, PM Esquire one of Her Majesty’s Justices of the Peace for the said Colony, with indecent assault.
If therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Bathurst in and for the Colony of New South Wales, on the twenty first day of April next at nine of the clock in the forenoon, and then and there give such evidence as they know, upon and information to be then and there preferred against the said Hekin Gibson for the said offence to the Jurors who shall pass upon the trial of the said Hekin Gibson then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] WA Steel, PM.
~ ~ ~ ~ ~
(Urgent)
Court House, Bathurst
6 March 1890
John Williams, Crown Solicitor, Sydney
Sir
Referring to your letter of the 5th instant re the chinaman prosecutor (Ah Luck) in the case named in the margin. (No. 17) The Queen v. Gibson Indecent-Assault) I have the honor to state that he was removed to Darlinghurst Gaol on the fifth of February last for medical observation, I have to add that his sentence will expire on the thirteenth of March, instant, he was not bound over to prosecute owing to his medical condition.
I have the honor to be
Sir
Your obedient servant.
[Signed] W[atson] A[ugustus] Steel, PM.
~ ~ ~ ~ ~
No. 24
Crown Solicitor’s Office
Sydney, 10 March 1890
George Miller, Comptroller General of Prisons, Sydney
Sir
The Queen v. Gibson
Indecent Assault
The prosecutor Ah Luck was removed from Bathurst to Darlinghurst Gaol for Medical observation – his sentence expires on the 13th instant – if he is discharged on that date, – I transmit a Crown Subpoena to serve on him to appear at Bathurst on the 21st April in the above case.
I have the honor to be
Sir
Your obedient Servant
[Signed] J[ohn] Williams. [Crown Solicitor]
~ ~ ~ ~ ~
[Subpoena]
Victoria, by the Grace of God, of the United
Kingdom of Great Britain and Ireland,
Queen, Defender of the Faith, &c.
New South Wales
TO WIT. }
To Ah Luck
Gaol Darlinghurst
Greetings:–
We command you and every of you, firmly enjoining you, that laying aside all pretences and excuses whatsoever, you and every of you be and appear in your proper persons, before Our Justices assigned to hold Pleas before Us, on Monday the twenty-first day of April next, by Nine of the Clock in the forenoon of the same day, at Bathurst in Our Colony of New South Wales, in the Court House, situate in Bathurst there to testify the truth, and give evidence, on the part of the Crown, before Our said Justices, touching a certain information to be preferred against Hekin Gibson in a case of Indecent Assault on a male person and that you so appear, from day to day, until the case be tried; and this you, or any, or either of you, are not to omit, under the penalty of One Hundred Pounds, to be levied upon your and every of your Goods and Chattels, Lands and Tenements, if you, or any, or either of you shall fail in the Premises.
Witness the Honorable Sir Frederick Darley
Our Chief Justice of Our Supreme Court of New South Wales,
at Sydney, the tenth day of March
in the year of Our Lord one thousand eight hundred and eighty ninety.
For the Prothonotary,
[Signed] Francis Cox Baylis
6th Clerk of the Supreme Court
[Signed] John Williams
Crown Solicitor.
~ ~ ~ ~ ~
Sydney Gaol
11th March 1890
George Miller, Controller General of Prisons
Sir
I have the honor to inform you that the prisoner named in the margin (A Luck 2 months (?)) is for discharge on 13th instant.
A prisoner named Hekin Gibson, at present serving a sentence of 5 years in Bathurst Gaol is committed for trial at the next sitting of the Bathurst Circuit Court for an indecent assault on Ah Luck, which Court is to be holden on the 2q1st April 1890.
Will you kindly have the police informed of this prisoner’s discharge.
I have the honor to be
Sir
Your obedient Servant
[Signed] J[ohn] Carroll, [Deputy Governor].
~ ~ ~ ~ ~
Particulars of Conviction and Prison History of Ah Luck, 11 Mar 1890
|
PARTICULARS of CONVICTION and PRISON HISTORY of Ah Luck a prisoner in Sydney Gaol, petitioning for remission of sentence. |
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Name of Prisoner |
|
Ah Luck |
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Born |
Where |
China |
|||
|
When |
1834 |
||||
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Convicted |
Where |
Sofala PO |
|||
|
When |
14th January 1890 |
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Offence |
Vagrancy |
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|
Sentence |
2 Months C |
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Judge DSM |
H Hinton JP |
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Recommendation or Remarks |
|
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PREVIOUS CONVICTIONS. |
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Where |
When |
Offence |
Sentence |
||
|
Sofala PO |
21 |
Dec |
89 |
Lunacy |
Remanded to Bathurst |
|
Bathurst PO |
30 |
Dec |
89 |
Lunacy |
Remanded 6 Jan 90 discharged |
(Over.)
PRISON HISTORY.
marks.
IN THE GAOL AT |
When |
TOTAL |
Orderly |
Indus- |
Dis- |
Idle |
Sick † |
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From |
To |
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Darlinghurst |
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Parramatta |
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Berrima |
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Maitland |
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Bathurst |
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Goulburn |
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Port Macquarie |
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Totals |
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Where |
When |
Offence |
Punishment |
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Nil |
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*GENERAL CONDUCT in Gaol: Good |
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Sydney Gaol, |
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11th March 1890. |
[Signed] J Carroll |
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Deputy Governor Sydney Gaol |
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*The words “very good,” “good,” or “bad”, to be used, and any additional observations that occur to Gaoler. |
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†Sick, Sundays, and Holidays |
Total |
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Days when no work available |
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Days when neither Industrious not Idle |
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Days serving Punishment Sentence in Cells |
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~ ~ ~ ~ ~
No. 3 Police Station, [Sydney]
13th March 1890
James Bremner, Police Sub-Inspector
Re: Attached papers
Senior Constable Goulder respectfully reports for the information of Mr Sub Inspector Bremner that he saw “Ah Luck” on his discharge from Darlinghurst gaol this morning, and was informed by the gaol authorities that Dr O’Connor had pronounced “Ah Luck” an imbecile and incapable of taking care of himself.
The senior constable on interrogating “Ah Luck” had no doubt of his imbecility and with much difficulty elicited from him that he originally came from Sofala to which place he wished to return but had no means, being utterly destitute he professed to have no knowledge of Bathurst or of any proceedings in which he would be required as witness there.
Constable Cleary afterwards charged “Ah Luck” with being deemed to be insane.
Attached is the crown subpoena with which “Ah Luck” was served while in Darlinghurst gaol.
[Signed] G[eorge] E Goulder, Senior Constable.
~ ~ ~ ~ ~
No. 3 Police Station,
Sydney 14 March 1890
George Read, Police Superintendent
Sir
11 I have the honor to report that Ah Luck referred to in the attached was brought before the Water Police Court to day for being deemed to be insane, and discharged. As he had no means and appeared to be an imbecile and not fit to look after himself, I obtained an order for his admission into the Parramatta Asylum for the infirm and destitute where he was admitted.
I have the honor to be
Sir
Your obedient Servant
[Signed] J[ames] Bremner, Sub Inspector.
~ ~ ~ ~ ~
Witnesses required to give evidence for Hekin Gibson, 10 Apr 1890
|
No. |
Names |
Offence |
Names of Witnesses |
Witnesses address |
|
1 |
Hekin Gibson |
Indecent assault on |
Jonathan Hosford, Overseer Richard O’Hara, Warder Thomas B Greevy, Warder George Rendall, Warder Edward Williams, Prisoner Ah Sing Willie, Prisoner Mr Danks, Overseer William Hegarty, Warder William Fraser, Warder P Flynn, Warder A Creigh, Warder P Morris, Warder |
HM Gaol Bathurst HM Gaol Bathurst HM Gaol Bathurst HM Gaol Bathurst HM Gaol Bathurst HM Gaol Bathurst HM Gaol Sydney HM Gaol Parramatta HM Gaol Parramatta HM Gaol Parramatta HM Gaol Parramatta HM Gaol Bathurst |
|
The Clerk of the Peace 10th April 1890 |
||||
~ ~ ~ ~ ~
Urgent
Crown Solicitor’s Office,
Sydney, 11th April 1890
Criminal
No. 90/
MEMO.
The Officer in Charge of Police, at Parramatta
REGINA v. GIBSON
Bathurst Circuit Court
Herewith original Subpoenas and Copies, for service on the persons named in the margin, 12 on behalf of the defence Originals, with Affidavits of Service endorsed, to be returned immediately.
[Signed] J[ohn] Williams
Crown Solicitor.
~ ~ ~ ~ ~
[Subpoenas]
Victoria, by the Grace of God, of the United
Kingdom of Great Britain and Ireland,
Queen, Defender of the Faith, &c.
New South Wales
TO WIT. }
| To | William Hegarty William Fraser P Flynn A Creigh |
Warder of Her Majesty’s Gaol, Parramatta Warder of Her Majesty’s Gaol, Parramatta Warder of Her Majesty’s Gaol, Parramatta Warder of Her Majesty’s Gaol, Parramatta |
Greetings:–
We command you and every of you, firmly enjoining you, that laying aside all pretences and excuses whatsoever, you and every of you be and appear in your proper persons, before Our Justices assigned to hold Pleas before Us, on Monday the twenty-first day of April instant next, by Nine of the Clock in the forenoon of the same day, at Bathurst in Our Colony of New South Wales, in the Court House, situate in Bathurst aforesaid there to testify the truth, and give evidence, on the part of the Prisoner before Our said Justices, touching a certain information to be preferred against
Hekin Gibson
in a case of Indecent Assault and that you so appear, from day to day, until the case be tried; and this you, or any, or either of you, are not to omit, under the penalty of One Hundred Pounds, to be levied upon your and every of your Goods and Chattels, Lands and Tenements, if you, or any, or either of you shall fail in the Premises.
Witness the Honorable Sir Frederick Darley Knight
Our Chief Justice of Our Supreme Court of New South Wales,
at Sydney, the Eleventh day of April
in the year of Our Lord one thousand eight hundred and
eighty ninety.
For the Prothonotary,
[Signed] John George Leary
4th Clerk of the Supreme Court
~ ~ ~ ~ ~
New South Wales, Bathurst
TO WIT. }
In the Circuit Court.
THE QUEEN against Gibson
Richard Trevillian of Parramatta in the Colony of New South Wales.
MAKETH Oath and saith, that he did, on the twelve day of April instant, personally serve a true copy of the within Subpoena on the within-named William Hegarty, William Fraser, P Flynn and A Creigh and at the same them showed each of them the within Original, and that the following are the distances each Witness reside from Bathurst to the best of his knowledge and belief, namely:– William Hegarty 131 miles, P Flynn 131 miles, William Fraser 131 miles, A Creigh 131 miles.
Sworn this twelfth day of April 1890, before me,–
[Signed] Richard Trevillian, Constable.
[Signed] H Byrnes, A Commissioner for Affidavits.
~ ~ ~ ~ ~
Urgent
Crown Solicitor’s Office,
Sydney, 11th April 1890
Criminal
No. 90/
MEMO.
The Officer in Charge of Police, at Bathurst
REGINA v. GIBSON
Bathurst Circuit Court
Herewith original Subpoenas and Copies, for service on the persons named in the margin, on behalf of th defence Originals, with Affidavits of Service endorsed, to be returned immediately.
[Signed] John Williams
Crown Solicitor.
~ ~ ~ ~ ~
[Subpoena]
Victoria, by the Grace of God, of the United
Kingdom of Great Britain and Ireland,
Queen, Defender of the Faith, &c.
New South Wales
TO WIT. }
| To | Jonathan Hosford Richard O’Hara Thomas B Greevy George Rendall |
Overseer of Her Majesty’s Gaol, Bathurst Warder of Her Majesty’s Gaol, Parramatta Warder of Her Majesty’s Gaol, Parramatta Warder of Her Majesty’s Gaol, Parramatta |
Greetings:–
We command you and every of you, firmly enjoining you, that laying aside all pretences and excuses whatsoever, you and every of you be and appear in your proper persons, before Our Justices assigned to hold Pleas before Us, on Monday the twenty-first day of April instant next, by Nine of the Clock in the forenoon of the same day, at Bathurst in Our Colony of New South Wales, in the Court House, situate in Bathurst aforesaid there to testify the truth, and give evidence, on the part of the Prisoner before Our said Justices, touching a certain information to be preferred against
Hekin Gibson
in a case of Indecent Assault and that you so appear, from day to day, until the case be tried; and this you, or any, or either of you, are not to omit, under the penalty of One Hundred Pounds, to be levied upon your and every of your Goods and Chattels, Lands and Tenements, if you, or any, or either of you shall fail in the Premises.
Witness the Honorable Sir Frederick Darley Knight
Our Chief Justice of Our Supreme Court of New South Wales,
at Sydney, the Eleventh day of April
in the year of Our Lord one thousand eight hundred and
eighty ninety.
For the Prothonotary,
[Signed] John George Leary
4th Clerk of the Supreme Court
~ ~ ~ ~ ~
New South Wales, Bathurst
TO WIT. }
In the Circuit Court.
THE QUEEN against Gibson
Senior Constable James (McDonald ?) of Bathurst in the Colony of New South Wales.
MAKETH Oath and saith, that he did, on the twelve day of April instant, personally serve a true copy of the within Subpoena on the within-named Jonathan Hosford, Richard O’Hara, Thomas B Greevy & George Rendall
and at the same them showed each of them the within Original, and that the following are the distances each Witness reside from Bathurst to the best of his knowledge and belief, namely:– Nil.
[Signed] James (McDonald ?)
Sworn this 12th day of April 1890, before me,–
[Signed] (C ?) Sanderson JP.
A Commissioner for Affidavits.
~ ~ ~ ~ ~
[Subpoena]
Victoria, by the Grace of God, of the United
Kingdom of Great Britain and Ireland,
Queen, Defender of the Faith, &c.
New South Wales
TO WIT. }
| To | Edward Williams Ah Sing Willie P Morris |
Prisoner in Her Majesty’s Gaol, Bathurst Prisoner in Her Majesty’s Gaol, Bathurst Warder of Her Majesty’s Gaol, Parramatta |
Greetings:–
We command you and every of you, firmly enjoining you, that laying aside all pretences and excuses whatsoever, you and every of you be and appear in your proper persons, before Our Justices assigned to hold Pleas before Us, on Monday the twenty-first day of April instant next, by Nine of the Clock in the forenoon of the same day, at Bathurst in Our Colony of New South Wales, in the Court House, situate in Bathurst aforesaid there to testify the truth, and give evidence, on the part of the Prisoner before Our said Justices, touching a certain information to be preferred against
Hekin Gibson
in a case of Indecent Assault and that you so appear, from day to day, until the case be tried; and this you, or any, or either of you, are not to omit, under the penalty of One Hundred Pounds, to be levied upon your and every of your Goods and Chattels, Lands and Tenements, if you, or any, or either of you shall fail in the Premises.
Witness the Honorable Sir Frederick Darley Knight
Our Chief Justice of Our Supreme Court of New South Wales,
at Sydney, the Eleventh day of April
in the year of Our Lord one thousand eight hundred and
eighty ninety.
For the Prothonotary,
[Signed] Francis Cox Baylis
6th Clerk of the Supreme Court
~ ~ ~ ~ ~
New South Wales, Bathurst
TO WIT. }
In the Circuit Court.
THE QUEEN against Gibson
Senior Constable James (McDonald ?) of Bathurst in the Colony of New South Wales.
MAKETH Oath and saith, that he did, on the twelve day of April instant, personally serve a true copy of the within Subpoena on the within-named Edward Williams, Ah Sing Willie & P Morris and at the same them showed each of them the within Original, and that the following are the distances each Witness reside from Bathurst to the best of his knowledge and belief, namely:– Nil.
[Signed] James (McDonald ?)
Sworn this 12th day of April 1890, before me,–
[Signed] (C ?) Sanderson JP.
A Commissioner for Affidavits.
~ ~ ~ ~ ~
‘90– 89
HM Gaol, Bathurst
12th April 1890
George Miller, Comptroller General of Prisons, Sydney
Sir
I have the honor to request that a writ of Habeas may be obtained to enable me to produce the Prisoner named in the margin (James McCarthy:) at the Circuit Court on the 21st instant to give evidence against Hekin Gibson now a prisoner here & for trial on a charge of indecent assault.
The Gaol being some distance from the Court House then it would inconvenient – delay in waiting for the presiding Judge’s order.
I have the honor to be,
Sir,
Your obedient servant.
[Signed] G[eorge] H Stace, Governor
~ ~ ~ ~ ~
‘90– 90
HM Goal, Bathurst
12th April 1890
George Miller, Comptroller General of Prisons
Sir
I have the honor to make application for writs of Habeas to enable me to produce the Prisoners named in the margin (Edward Williams, Willie Ah Sing) at the Circuit Court here on 21st instant to provide evidence on behalf of Prisoner Hekin Gibson committed at that Court for indecent assault.
I have the honor to be,
Sir,
Your obedient servant.
[Signed] G[eorge] H Stace, Governor
~ ~ ~ ~ ~
Particulars of Conviction and Prison History of Willie Ah Sing, 12 Apr 1890
|
PARTICULARS of CONVICTION and PRISON HISTORY of Ah Luck a prisoner in Bathurst Gaol, petitioning for remission of sentence. |
|||||
|
Name of Prisoner |
|
Willie Ah Sing |
|||
|
Born |
Where |
China |
|||
|
When |
1847 |
||||
|
Convicted |
Where |
Bathurst CC |
|||
|
When |
17th October 1888 |
||||
|
Offence |
Indecent assault on a male person |
||||
|
Sentence |
3 years HL |
||||
|
Judge |
[Judge] Stephen |
||||
|
Recommendation or Remarks |
|
||||
|
PREVIOUS CONVICTIONS. |
|||||
|
Where |
When |
Offence |
Sentence |
||
|
|
|
|
|
Nil |
|
|
|
|
|
|
|
|
(Over.)
PRISON HISTORY.
marks.
IN THE GAOL AT |
When |
TOTAL |
Orderly |
Indus- |
Dis- |
Idle |
Sick † |
|||||
|
From |
To |
|||||||||||
|
Darlinghurst |
|
|
|
|
|
|
|
|
|
|
|
|
|
Parramatta |
24 |
Oct |
88 |
18 |
Oct |
89 |
358 |
358 |
297 |
|
|
61 |
|
Berrima |
|
|
|
|
|
|
|
|
|
|
|
|
|
Maitland |
|
|
|
|
|
|
|
|
|
|
|
|
|
Bathurst |
18 |
Oct |
88 |
24 |
Oct |
88 |
6 |
6 |
5 |
|
|
1 |
|
Goulburn |
||||||||||||
|
Port Macquarie |
||||||||||||
|
Bathurst |
18 |
Oct |
89 |
12 |
Apr |
90 |
177 |
177 |
145 |
|
|
32 |
|
Totals |
|
|
|
|
|
|
541 |
541 |
447 |
|
|
94 |
|
Where |
When |
Offence |
Punishment |
|||
|
|
|
|
|
Nil |
|
|
|
|
|
|
|
|
|
|
|
|
|
|||||
|
*GENERAL CONDUCT in Gaol: Good |
|
|||||
|
Bathurst Gaol, |
|
|||||
|
12th April 1890. |
[Signed] George H Stace |
|||||
|
|
Governor Bathurst Gaol |
|||||
|
*The words “very good,” “good,” or “bad”, to be used, and any additional observations that occur to Gaoler. |
||||||
|
†Sick, Sundays, and Holidays |
Total |
|||||
|
Days when no work available |
||||||
|
Days when neither Industrious not Idle |
||||||
|
Days serving Punishment Sentence in Cells |
||||||
~ ~ ~ ~ ~
Particulars of Conviction and Prison History of Edward Williams, 12 Apr 1890
|
PARTICULARS of CONVICTION and PRISON HISTORY of Edward Williams a prisoner in Bathurst Gaol, petitioning for remission of sentence. |
|||||
|
Name of Prisoner |
|
Edward Williams |
|||
|
Born |
Where |
Camperdown, Sydney |
|||
|
When |
1862 |
||||
|
Convicted |
Where |
Bathurst QS |
|||
|
When |
28th January 1890 |
||||
|
Offence |
Uttering a forgery |
||||
|
Sentence |
2 years HL |
||||
|
Judge |
Docker |
||||
|
Recommendation or Remarks |
His Honor refused leave to petition |
||||
|
PREVIOUS CONVICTIONS. |
|||||
|
Where |
When |
Offence |
Sentence |
||
|
|
|
|
|
Nothing known |
|
|
|
|
|
|
|
|
(Over.)
PRISON HISTORY.
marks.
IN THE GAOL AT |
When |
TOTAL |
Orderly |
Indus- |
Dis- |
Idle |
Sick † |
|||||
|
From |
To |
|||||||||||
|
Darlinghurst |
|
|
|
|
|
|
|
|
|
|
|
|
|
Parramatta |
|
|
|
|
|
|
|
|
|
|
|
|
|
Berrima |
|
|
|
|
|
|
|
|
|
|
|
|
|
Maitland |
|
|
|
|
|
|
|
|
|
|
|
|
|
Bathurst |
28 |
Jan |
90 |
12 |
Apr |
90 |
73 |
73 |
62 |
|
|
11 |
|
Goulburn |
||||||||||||
|
Port Macquarie |
||||||||||||
|
Totals |
|
|
|
|
|
|
73 |
73 |
62 |
|
|
11 |
|
Where |
When |
Offence |
Punishment |
|||
|
|
|
|
|
Nil |
|
|
|
|
|
|
|
|
|
|
|
|
|
|||||
|
*GENERAL CONDUCT in Gaol: Good |
|
|||||
|
Bathurst Gaol, |
|
|||||
|
12th April 1890. |
[Signed] George H Stace |
|||||
|
|
Governor Bathurst Gaol |
|||||
|
*The words “very good,” “good,” or “bad”, to be used, and any additional observations that occur to Gaoler. |
||||||
|
†Sick, Sundays, and Holidays |
Total |
|||||
|
Days when no work available |
||||||
|
Days when neither Industrious not Idle |
||||||
|
Days serving Punishment Sentence in Cells |
||||||
~ ~ ~ ~ ~
Particulars of Conviction and Prison History of James McCarthy, 12 Apr 1890
|
PARTICULARS of CONVICTION and PRISON HISTORY of James McCarthy a prisoner in Bathurst Gaol, petitioning for remission of sentence. |
|||||
|
Name of Prisoner |
|
James McCarthy |
|||
|
Born |
Where |
BC, Sydney |
|||
|
When |
1863 |
||||
|
Convicted |
Where |
Sydney Quarter Sessions |
|||
|
When |
23rd September 1889 |
||||
|
Offence |
Stealing |
||||
|
Sentence |
2 years HL |
||||
|
Judge |
Forbes |
||||
|
Recommendation or Remarks |
|
||||
|
PREVIOUS CONVICTIONS. |
|||||
|
Where |
When |
Offence |
Sentence |
||
|
Water PO |
27 |
Dec |
82 |
Assault & ops lange |
3 Mo & 4 days C |
|
Water PO |
26 |
Sep |
84 |
Assault |
3 Mo L |
|
19 |
Jan |
85 |
Drk & dis & obs lange |
7 days & 2 months C |
|
|
16 |
Jun |
85 |
Drk & ind lange |
1 month C |
|
|
19 |
Oct |
86 |
Drk & assault Constb |
4 days & 1 month C & L |
|
|
13 |
Jun |
87 |
Drk & assault Constable |
1 month L |
|
|
|
13 |
Jul |
87 |
Drk & obs lange |
7 days & 2 mons C |
|
26 |
Sep |
87 |
Riotous & ind lange |
14 days & 1 month |
|
|
7 |
May |
88 |
Drk dis & asset Const |
7 days & 3 months |
|
|
12 |
Oct |
88 |
Assault |
21 days C |
|
|
19 |
Aug |
89 |
Stealing |
3 months L |
|
|
And 8 summary convictions for drunkenness of 7 days each |
|||||
(Over.)
PRISON HISTORY.
marks.
IN THE GAOL AT |
When |
TOTAL |
Orderly |
Indus- |
Dis- |
Idle |
Sick † |
|||||
|
From |
To |
|||||||||||
|
Darlinghurst |
23 |
Sep |
89 |
15 |
Oct |
89 |
22 |
22 |
19 |
|
|
3 |
|
Parramatta |
|
|
|
|
|
|
|
|
|
|
|
|
|
Berrima |
|
|
|
|
|
|
|
|
|
|
|
|
|
Maitland |
|
|
|
|
|
|
|
|
|
|
|
|
|
Bathurst |
16 |
Oct |
89 |
12 |
Apr |
90 |
179 |
179 |
146 |
|
|
33 |
|
Goulburn |
||||||||||||
|
Port Macquarie |
||||||||||||
|
Totals |
|
|
|
|
|
|
201 |
201 |
165 |
|
|
36 |
|
Where |
When |
Offence |
Punishment |
|||
|
|
|
|
|
Nil |
|
|
|
|
|
|
|
|
|
|
|
|
|
|||||
|
*GENERAL CONDUCT in Gaol: |
|
|||||
|
Bathurst Gaol, |
|
|||||
|
12th April 1890. |
[Signed] George H Stace |
|||||
|
|
Governor Bathurst Gaol |
|||||
|
*The words “very good,” “good,” or “bad”, to be used, and any additional observations that occur to Gaoler. |
||||||
|
†Sick, Sundays, and Holidays |
Total |
|||||
|
Days when no work available |
||||||
|
Days when neither Industrious not Idle |
||||||
|
Days serving Punishment Sentence in Cells |
||||||
~ ~ ~ ~ ~
[On the depositions’ cover sheet is the following]
Circuit Court,
Bathurst
21st April 1890
AG’s No. 16
Depositions.
CS’s No. 3
Regina
v.
Hekin Gibson
Indecent assault on a male person
See within [initialled] G[eorge] B[owen] S[impson] AG 31/1/90
Committed at: Bathurst
on: 29th January 1890
~ ~ ~ ~ ~
Indecent assault upon a male person
[signed] GB Simpson AG
~ ~ ~ ~ ~
Justice JGL Innes’s Notebook 13
44
[Bathurst, 22 April 1890]
Regina v Hekin Gibson On 28 January 1890 – at Bathurst. Indecently assaulting Ah Luck
Plea – Not Guilty – Undefended
Michael Kearns: Bridge carpenter by trade. On 28 January I was in Bathurst Gaol – 3 days remand for drunkenness & 24 hours for being drunk. I saw the prisoner in No. 8 yard (where I & a chinaman & Jim McCarty 14 were) – the prisoner caught hold of a chinaman by the privates & shook them for a long time – he tried to take the chinaman’s trousers down & held himself indecently. The yards man came out & I told him – “Report him” & I did – he said to me don’t say nothing.
45
Cross-examined. I was 6 ft. behind you at the time. I was not under the influence of drink.
Prisoner. You hadn’t been to the Court that morning – I have been in gaol often before – mostly for drunkenness – once I got a month about a horse but I was blind drunk & mistook it for my own – I never was in Parramatta Gaol – only once 8 days along with you – I had not been drunk that day.
James McCarty. On 28 January I was in Bathurst Gaol acting as a Yards man – Prisoner & Kearns & a chinaman were there. I was in the closet. I couldn’t see what took place – when I came out of the closet – Kearns said the prisoner has been playing with the chinaman’s privates. Prisoner said it wasn’t true – I heard prisoner say to Kearns “don’t say anything about it.” chinaman’s trousers were unbuttoned – I couldn’t say whether they were so before or not.
Cross-examined. Prisoner & chinaman were sitting side by side looking over a book together.
46
(Prisoner says “I was showing him some illustrations in a book of birds.”)
Cross-examination resumed. I’ve always seen you conduct yourself as a prisoner & a man – Kearns seemed very (excited ?) 15
George Randle. 16 Constable Warder in the gaol. On 27 17 January Kearns reported to me in prisoner’s hearing that prisoner had indecently assaulted the chinaman – prisoner said nothing in reply – Ah Luck the prisoner was of unsound mind – he is still there as of unsound mind – at brought up from Parramatta Gaol where he has been among the criminal lunatics.
Ah Luck produced in Court – a hideous looking object.
For defence –
Thomas Bigge Greely. 18 Warden – On 27 January I was warden in the gaol – Kearns seemed very excited – & hardly
47
rational – very annoyed over the matter.
Jonathan Hosford. Overseer at the gaol in charge of the boot & shoe department – prisoner was under my supervision for some months in my shop – always good conduct – nothing indecent in language or behaviour.
Patrick Morris. First class officer in gaol. Prisoner has been closely under my observation – never any indecency in language or conduct.
To me: He was in for an indecent assault.
Joshua Danks. Trade overseer in Darlinghurst Gaol – the prisoner was [there] last year for 7 or 8 months – he was closely under my observation – specially so & not allowed to be with others – always very satisfactory – I had special instructions about him – nature of his offence – indecent assault on a female child.
48
William Frazer. 19 Warder in Parramatta Gaol 3 or 4 years – indecent assault on female children – I never saw any improper conduct on his part.
Andrew Craig. 20 Warder in Parramatta Gaol – known prisoner for 6 years – twice in Parramatta Gaol – once for stealing & once for indecent assault – never saw any improper conduct but he had the name of being of loose habits.
In Reply
Roderick 21 Flynn. Warder in Parramatta Gaol & was so in 1887 – Prisoner is generally looked upon as a man under special care – not allowed to associate with other prisoners – male or female – he has been
49
convicted of indecent assaults upon female children and upon a male child.
Cross-examined. You never that I saw misconducted yourself – you were kept under specially strict surveillance.
Prisoner reads a long statement: “so grossly improbable that a prisoner would commit an unnatural offence on his fellow man.” – Kearns was in the horrors.
Summed up. Against prisoner.
Jury retire at 3.40.
At 4.3 Verdict Guilty.
Sentence: 2 years & 6 months imprisonment with hard labor in Bathurst Gaol – to commence at the expiration of present sentence.
~ ~ ~ ~ ~
The Bathurst Free Press and Mining Journal, Tue 22 Apr 1890 22
BATHURST ASSIZE COURT.
(Before his Honor Mr Justice Innes).
Monday, April 21st, 1890
(Afternoon).
…
Tuesday, April 22nd.
His Honor took his seat on the bench at 10 o’clock.
…
INDECENT ASSAULT.
Hicken Gibson, a prisoner in Bathurst gaol, was charged with having committed an indecent assault upon a fellow prisoner, named Ah Luck.
The evidence was altogether unfit for publication.
The case was proceeding as we went to press.
~ ~ ~ ~ ~
The Bathurst Daily Times, Wed 23 Apr 1890 23
BATHURST CRIMINAL COURT.
Tuesday, April 22nd.
(Before His Honor Mr Justice Innes.)
Mr Justice Innes took his seat on the Bench at ten o’clock.
Present:– Barristers: Dr Sly (Crown Prosecutor), Messrs O’Mara, Rollin, and HM Hamilton; solicitors:– Messrs AG Thompson, J McPhillamy, JH McIntosh, FB Kenny, SW Webb; Deputy Sheriff, Mr JB Dalhunty; Judge’s Associate, Mr Innes.
INDECENCY IN THE GAOL.
Hieken [sic] Brewster Gibson, a confinee in HM gaol at Bathurst, was charged with committing an indecent assault on a chinaman. Having heard the evidence, the jury found the prisoner guilty.
[Gibson] in reply to the usual question, as to whether he had anything to say why sentence should not be passed upon him, the prisoner said in the cases previously recorded against him drink was the cause, and the judge said drink was no extenuation for crime. In this instance, drink was not the cause, and perhaps his Honor would consider the fact. He urged that, being 39 years of age, if he got a long sentence he would be too old to earn a living when he came out.
His Honor read the record against the prisoner, and the convictions were – three months for stealing, at the Central Police Court, on June 3, 1884; and three years for indecently assaulting a girl at Albury, November 11, 1884. His Honor said the prisoner’s story was a degraded one, and it seemed as though he were really insane. His crimes were of a beastly character, and were brought about by unbridled indulgence in his degraded passions. He appeared to be a person who was scarcely safe to be at large. He had rendered himself liable to penal servitude for five years. His Honor would not inflict that punishment, but at the end of the term he intended to name, the prisoner, if he were not careful, might find his mind altogether unhinged. The prisoner was sentenced to two years and six months, to commence at the expiration of the sentence he was now serving.
~ ~ ~ ~ ~
The Bathurst Free Press and Mining Journal, Wed 23 Apr 1890 24
BATHURST ASSIZE COURT.
Tuesday, April 22nd.
(Before his Honor Mr Justice Innes).
INDECENT ASSAULT.
In the case of the prisoner Gibson, the charge being one of indecent assault in the gaol, the evidence, as stated in our issue of yesterday, was unfit for publication. Prisoner [Hekin Gibson] called a number of witnesses, warders and trade overseers from Bathurst and Parramatta gaols, chiefly as to character; but their evidence told very much against him, providing that he was now undergoing a sentence of five years for indecently assaulting a child, and that he had also been convicted of a similar offence previously, his character being in fact so bad, that the warders had received special instructions to keep him by himself and watch him carefully.
His Honor summed up and the jury retired. After a short absence they returned with a verdict of guilty.
In answer to the usual question if he had anything to say why the sentence of the court should not be passed upon him, prisoner said that he cast himself upon his Honor’s mercy. The offences previously charged against him had been committed when he was under the influence of drink. He prayed that a long sentence might not be passed upon him, as he was now getting on in years.
His Honor read the list of previous convictions. In 1884 prisoner had been sentenced to 3 years imprisonment for indecently assaulting a female child; in 1887 to five years penal servitude for indecent assault upon a male child; and also two short sentences for stealing. The offence now proved against him was of a most degrading nature, and his Honor could hardly conceive of the promptings of the devil of unnatural lust to which prisoner had abandoned himself. He was unfit to be at large, and if he did not mend before the sentence that would now be passed upon him had expired he would come to one of the most horrible stages of insanity. Sentence: Two years and six months’ hard labour in the Bathurst Gaol, to commence at the expiration of the sentence which he is now undergoing.
~ ~ ~ ~ ~
The National Advocate, Wed 23 Apr 1890 25
BATHURST ASSIZES
Tuesday, April 22, 1890.
(Before His Honor Judge Innes and Juries of twelve).
…
ALLEGED UNNATURAL OFFENCE.
Hekin Gibson, alias Henry Atkin Brewster, was charged with having committed an indecent assault on a chinaman named Ah Luck, at the Bathurst Gaol, on the 28th January last. Prisoner pleaded not guilty, and conducted his own defence in a most elaborate manner, which not only wasted a deal of time but adduced evidence that fairly brought about his own conviction.
The evidence in the case was altogether unfit for publication.
The evidence of the assaulted chinaman was not taken, he being an imbecile.
After a number of gaol officials had been somewhat severely catechised by the prisoner, he made a long rambling statement which the jury promised to consider. Nevertheless, after 20 minutes’ deliberation they brought in a verdict of guilty.
His Honor, in passing sentence, read aloud the previous convictions recorded against Gibson. Amongst them were the following:– Three months for stealing, in June, 1884; three years for indecently assaulting a girl 8 years of age, in November, 1884; and five years’ for committing an unnatural offence on a little boy, in 1887. He said the accused’s record was a most disgraceful and shocking one. He hardly deserved to be called a man. It seemed to him (Judge Innes) that the prisoner was bordering on a state of insanity, and in view of previous sentences he had served, gaol seemed to have little effect upon his unbridled passions.
Prisoner was then sentenced to two years’ imprisonment in the Bathurst Gaol with hard labour, the sentence to commence at the expiration of the term he is now undergoing.
Hekin Gibson, 1893
Newcastle Morning Herald and Miners’ Advocate, Wed 11 Oct 1893 26
NEWCASTLE POLICE COURT.
———◦———
Tuesday, October 10.
————
(Before Mr Mair, PM.)
————
…
ALLEGED LARCENY AS A BAILEE.
Heikin [sic] Gibson, alias Aitken Brewster, commercial traveller, was charged with the larceny as a bailee of a horse, cart, and harness, the property of William Arnott.
Senior-constable Lewis said that at about a quarter-past 6 o’clock on the previous evening he was passing up the Lake-road when he saw the accused standing talking to a man. Witness thought he answered the description of a certain person, and said “Is that you Gibson?” Accused looked round, and said “Yes.” Witness asked if he was employed by Mr Arnott, and he replied “Yes.” Witness said he wanted him to go to the police station with regard to the sale of a horse, cart, and harness belonging to Mr Arnott. He said, “Mr Arnott did me a bad turn, and I have now done him one.” Witness took the man to the lockup, and found the sum of £3 16s 7d in his possession. He asked how much he got for the horse and cart, and he answered £7 10s.
At this stage the case was on the application of the police adjourned till the following day.
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Newcastle Morning Herald and Miners’ Advocate, Thu 12 Oct 1893 27
NEWCASTLE POLICE COURT.
———◦———
Wednesday, October 11.
————
(Before Mr Mair, PM.)
…
REMANDED.
Heiken Gibson, 35, a commercial traveller, was charged on remand from the previous day with having committed larceny as a bailee of a horse, cart, and harness, the property of William Arnott. In the absence of the prosecutor he was again remanded until Friday next.
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Newcastle Morning Herald and Miners’ Advocate, Sat 14 Oct 1893 28
NEWCASTLE POLICE COURT.
———◦———
Friday, October 13th.
————
(Before Mr Mair, PM, and Messrs Marin
and Thorn, Js.P.)
…
ALLEGED LARCENY.
Heiken Gibson, 35, a commercial traveller, was charged on remand from Wednesday with the larceny as a bailee of a horse, harness, and cart, the property of W Arnott.
William Arnott, jun, posed that the accused was in his employ as a canvasser. On Monday morning last the accused took a horse and cart away to canvass for orders for patent brake. Witness owned the horse and [some text illegible here], Mr Gilbert, owned the cart. The accused did not return with the horse and cart, and witness got them from Mr Harrison, of Tighe’s Hill. He had authority to obtain a purchaser for the cart, but he had no right to dispose of the horse and harness. The whole of the turnout was worth about £30.
By the accused: Witness never gave the accused any cash. He, however, paid his board for a fortnight.
Joseph Harrison, blacksmith, carrying on business at Tighe’s Hill, deposed that the accused called at his shop on Monday last and said that he had a horse, cart, harness for sale. Witness examined the turn-out and was told that he could have the lot for £10 10s. The accused said that the turn-out was his property, and he wanted to sell because he had tried dealing and there was nothing in it. The accused after offered to take £7 10s cash and the balance in a week, and witness agreed. He gave the man £7, including a cheque for £4, which had since been cashed. Witness received a receipt which was signed Arthur Dixon. The accused was perfectly sober when the bargain was made. Witness afterwards heard something, and he handed the turnout over to Mr Arnott.
Constable Murphy, stationed at Tighe’s Hill, gave evidence as to seeing the accused drive pup to Harrison’s shop in a spring cart on Monday last. He saw him talking to Harrison, and the latter purchased the turn-out. Witness asked Harrison, in the presence of the accused, what he paid for the turnout, and he replied £10. Witness said it was a good bargain, as the horse had been hard-worked as a two-year-old, and the cart was an old one, for which he had paid £1.
On the application of the police the accused was further remanded until the following day.
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Newcastle Morning Herald and Miners’ Advocate, Mon 16 Oct 1893 29
NEWCASTLE POLICE COURT.
———◦———
Saturday, October 14.
————
(Before Mr Mair, PM.)
————
…
ALLEGED LARCENY.
Heiken Gibson, alias Brewster, 35, described as a commercial traveller, was charged on remand from the previous day with having, on the 9th instant, stole, as a bailee, a horse, harness, and vehicle, the property of William Arnott.
John Gilbert, coachbuilder, deposed that the accused called at his works on Monday last for a cart. He was sent by Mr W Arnott to get a cart with a patent brake, and witness gave it to him. The accused asked him what he would sell the cart for, and witness told him not to sell it, but to refer any purchaser to him. The firm wanted £12 10s for the cart with the brake, and £10 for the vehicle alone. Witness and Mr William Arnott, jun, were partners in the patent brake, and the accused was to secure orders for the apparatus.
This concluded the evidence, and the accused, in answer to the usual questions, said that he pleaded guilty to the charge, and had done so from the first. When he took the cart out on Monday last he saw Mr Arnott; that gentleman explained that he was going away for three weeks, and during that period he (the accused) would be out of employment. Accused told Arnott that he was perfectly destitute, and asked for work in the factory, but it was refused. When he went out with the cart he knew that he had no food and no lodging, so he sold the whole concern to get money. Had he not been destitute he would have acted honestly.
The accused was then committed for trial at the next Quarter Sessions, bail being allowed—accused in £80, and two sureties of £40 each.
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Newcastle Morning Herald and Miners’ Advocate, Wed 6 Dec 1893 30
NEWCASTLE QUARTER SESSIONS.
Following is the complete list of cases set down for trial at the Newcastle Quarter Sessions, commencing to-day:– Heikin [aka Hekin] G Bruster [Brewster], larceny as a bailee;
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Newcastle Morning Herald and Miners’ Advocate, Thu 7 Dec 1893 31
THE QUARTER SESSIONS.
FIRST DAY.
Wednesday, December 6.
(Before Judge Backhouse.)
Image: NSW State Library collection.
Reproduction: Peter de Waal
The Quarter Sessions were commenced in the courthouse yesterday before Judge Backhouse. Mr Walter Bevan, instructed by Mr WR Beaver, clerk of the peace, prosecuted for the Crown, the only other barrister present being Mr HH Lusk. All the jurymen empanelled were present, and no fines were inflicted.
…
A NOTORIOUS CHARACTER.
Heiken Gibson, alias John [aka Henry Atkin] Brewster, pleaded guilty to an indictment charging him with stealing, on October 9th [1893], a gelding, a cart, and harness, the property of William Arnott. There were two counts, the theft of the horse being the first, and the cart and the harness the second.
The governor of Maitland Gaol [Charles Graham 32] produced a long record against the prisoner, which caused quite a sensation in court. It showed that the man had served the following sentences:– June 1884, Sydney, stealing, three months; Albury Quarter Sessions, November, 1884, indecently assaulting a girl aged 9 years, three years’ hard labour; August, 1887, 21 days’ hard labour, for stealing; Sydney Quarter Sessions, October, 1887, indecently assaulting a girl aged 9 years, five years’ penal servitude. While serving this last sentence he received an additional period of two and a-half years for an indecent assault on a male prisoner [see above] in Bathurst Gaol in April 1890.
In answer to the Judge the accused said that Mr Arnott had discharged him, and being destitute he sold the vehicle. The accused made a long statement, and his speech proved that he had received an excellent education. He pointed out to the Judge that he had pleaded guilty, and from the first had admitted his crime.
His Honor, in sentencing the prisoner, said that he was a notorious character, and sentenced him to three years on the first count with hard labour, and two years on the second, the periods to be concurrent. This is equivalent to three years’ hard labour.
1 The Sydney Morning Herald, Tue 3 Jun 1884, p. 5.
2 The Albury Border Post and Wodonga Advertiser, Wed 12 Nov 1884, p. 2. Emphasis added.
3 The Albury Banner and Wodonga Express, Fri 14 Nov 1884, pp. 19-20.
4 SRNSW: NRS2021, [3/6016], Berrima Gaol photographic description book, 1883-1888, No. 288, p. 71, R5093.
5 The Daily Telegraph, Wed 10 Aug 1887, p. 6.
6 The Sydney Morning Herald, Sat 15 Oct 1887, p. 9.
7 SRNSW: NRS2138, [3/6048], Darlinghurst Gaol photographic description book, 1886-1887, No. 3981, p.226, R5102.
8 The Bathurst Daily Times, Wed 29 Jan 1890, p. 2.
9 The Bathurst Free Press and Mining Journal, Wed 29 Jan 1890, p. 2.
10 SRNSW: NRS880, [9/6791], Supreme Court, Papers and depositions, Bathurst, 1890, No. 16. Emphasis added.
11 Forwarded to the Inspector General of Police – Perhaps the Police at Bathurst had better be informed of the whereabouts of this chinese who from his mentally imbecile condition will probably require to be escorted there as a witness. [Initialled] G Read Supt 15/3/90
12 Mn: William Hegarty. William Fraser. P Flynn. A Creigh
13 SRNSW: NRS6227, [2/4664], Judiciary, JGL Innes, J. Notebooks Circuit Courts, 1882-95, pp. 44-9. Emphasis added.
14 McCartie in transcript of depositions.
15 Photocopy unclear.
16 Randall in transcript of depositions.
17 Confusion of date, here and later in notes.
18 Greevy in transcript of depositions.
19 Fraser in transcript of depositions.
20 Creigh in transcript of depositions.
21 Initial P given in transcript of depositions.
22 The Bathurst Free Press and Mining Journal, Tue 22 Apr 1890, p. 3.
23 The Bathurst Daily Times, Wed 23 Apr 1890, p. 2. Emphasis added.
24 The Bathurst Free Press and Mining Journal, Wed 23 Apr 1890, p. 3.
25 The National Advocate (Bathurst), Wed 23 Apr 1890, p. 3.
26 Newcastle Morning Herald and Miners’ Advocate, Wed 11 Oct 1893, p. 7. Emphasis added.
27 Newcastle Morning Herald and Miners’ Advocate, Thu 12 Oct 1893, p. 3.
28 Newcastle Morning Herald and Miners’ Advocate, Sat 14 Oct 1893, p. 7. Emphasis added.
29 Newcastle Morning Herald and Miners’ Advocate, Mon 16 Oct 1893, p. 6. Emphasis added.
30 Newcastle Morning Herald and Miners’ Advocate, Wed 6 Dec 1893, p. 4.
31 Newcastle Morning Herald and Miners’ Advocate, Thu 7 Dec 1893, p. 6. Emphasis added.
32 Date of first appointment under the Colonial Government 12 July 1871 and appointed to Maitland Gaol 16 April 1891.