Henry Williams, George Butterworth, Thomas Smith, Henry Frank Davis, 1881
Below also see: Edward Butterworth, 1884,
John George Butterworth, 1894 – Sodomy
The Argus, Tue 19 Apr 1881 1
Detectives Potter, Charles, and Ward yesterday succeeded in arresting four offenders who are supposed to have committed the recent robberies at the premises of Mr GA Mouritz, of Brighton, and of Sir Charles MacMahon. The names of the prisoners are Henry F Davis, Thomas Smith, George Butterworth, and Henry Williams. A portion of the property stolen in each case has been traced to their possession.
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Bendigo Advertiser, Tue 19 Apr 1881 2
MELBOURNE.
———◦———
(From Our Own Correspondent.)
Monday, 18th April.
…
Four men, named Henry Davis, Thomas Smith, George Butterworth, and Henry Williams were arrested to-day for a burglary at Mr GA Mouritz’s, Brighton, and the police believe that now that this quartette is in custody, suburban householders will have a more peaceful time than they have had lately.
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Bendigo Advertiser, Wed 20 Apr 1881 3
MELBOURNE.
———◦———
(From Our Own Correspondent.)
Tuesday, 19th April.
…
The four men who are in custody for burglary at Sir Chas MacMahon’s, Mr Mouritz’s and elsewhere, were brought up to-day and remanded to Tuesday.
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The Argus, Fri 6 May 1881 4
MELBOURNE GENERAL
SESSIONS.
———◦———
Monday, May 2.
(Before TS Cope, Esq, Chairman
of the Bench.)
Mr CA Smyth prosecuted for the Crown.
…
BURGLARY.
Henry Williams, George Butterworth, Thomas Smith, and Henry Frank Davis were charged with breaking into the house of Mr GA Mouritz, in Brighton, on the night of the 14th ult, and stealing therefrom some overcoats, hats, and other articles of the value of £20.
The evidence was very clear against the prisoners, it being conclusively shown that each of them had either sold some of the articles, or had some of them in their possession when they were arrested.
The jury return a verdict of guilty, and the prisoners were remanded for sentence.
The same prisoners were then tried on another charge of breaking into the house of Mr Thomas Easton, a publican, of Highett-street, Richmond, on the night of the 17th ult, and stealing therefrom a dice-box and dice, some bottles of spirit, some tobacco, and a meerschaum cigar-holder.
The prisoners were arrested by the police on the banks of the Yarra about half-past 9 o’clock on the morning of the 18th ult. They were then playing with the dice-box and dice, and in their possession were some bottles of spirit, tobacco, and a cigar-holder, similar to the goods stolen. The dice-box and dice were positively sworn to as the property of Easton.
The prisoner Williams said he was only accidentally in the company of the other prisoners, that none of the property was found on him, and that he had nothing to do with it or the robbery.
The jury found that Davis, Smith, and Butterworth were guilty, and Williams not guilty.
The three first-named were remanded for sentence.
Henry Frank Davis, the prisoner tried in the two previous cases, was then charged with having on the night of the 12th ult broken into the house of Sir Charles MacMahon, MLA, in East Melbourne, and stolen therefrom some money, clothing, boots, a gold railway pass, a knife, and some omnibus tickets.
The gold railway pass, the knife, and a pair of boots, as well as some omnibus tickets, were found on Davis when he was arrested. Sir Charles MacMahon identified the railway pass, the knife, and the boots.
The jury without leaving the box returned a verdict of guilty, and the prisoner was remanded for sentence.
The Court then adjourned until the following morning.
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The Argus, Sat 7 May 1881 5
The prisoners who were convicted at the sittings of the Melbourne Sessions Court, on Monday, Tuesday, and Thursday, were yesterday sentenced by Judge Cope, the Chairman of the Bench, to the following terms of imprisonment:—Henry Frank Davis, for burglary and larceny, three years; Henry Williams, for burglary and larceny, 12 months; George Butterworth, for burglary and larceny, two years; Thomas Smith, for burglary and receiving, two years. In each case it was directed that the last week in every second month should be passed in solitary confinement. David Smith, and Butterworth were also sentenced to a further term of 12 months’ imprisonment each on another charge of burglary and larceny of which they had been convicted; and Davis on a third charge of burglary and larceny at the house of Sir Charles MacMahon received a third sentence of 12 months’ imprisonment.
Edward Butterworth, 1884
The Argus, Fri 2 May 1884 6
MELBOURNE GENERAL
SESSIONS.
———◦———
Thursday, May 1.
(Before Judge Nolan, Chairman of the
Bench.)
Mr Chomley prosecuted for the Crown.
…
STEALING FROM A DWELLING.
Edward Butterworth, a young man, was arraigned on the charge of having, on the 9th April, stolen a watch, a chain, and other goods, of the value of £5, the property of George Whiteley, residing at Hawthorn.
The property mentioned was stolen from a bedroom in Mr Whiteley’s house. The prisoner was seen about the house just before the robbery, and was arrested soon after it with some of the stolen property in his possession.
The jury found the prisoner guilty of feloniously receiving, and he was remanded for sentence.
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The Argus, Thu 8 May 1884 7
At the General Sessions yesterday, before Judge Nolan, sentences were passed on the following prisoners:—George Greer, convicted of stealing some lead from a boat belonging to the Cerberus, nine months’ hard labour; Alexander Cook, embezzlement, 18 months’ hard labour; Max Levi, forgery and uttering, two years’ hard labour; Edward Butterworth, feloniously receiving, five years’ hard labour; Morris Abrahams and William Dean, housebreaking, four years’ hard labour; William Bowen, housebreaking, four years’ hard labour; Alfred Johnston, housebreaking, four years’ hard labour; William Smith, horsestealing,, five years’ hard labour; Catherine Anderson and Sarah Wall, stealing from the person, 18 months’ hard labour each.
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Bendigo Advertiser, Fri 9 May 1884 8
MELBOURNE.
———◦———
(From Our Own Correspondent.)
Thursday, 8th May.
…
Judge Nolan has signalised his appearance on the bench here by some sentences which will cause his name to become famous amongst members of the criminal class. To Edward Butterworth convicted of stealing in a dwelling, he yesterday awarded five years,
John George Butterworth, 1894
Depositions for John George Butterworth 1 Oct 1894 Albury trial 9
94:175
Attorney-General’s Department
Sydney 20th July 1894
Mulwala Bench of Magistrates
Gentlemen
In reference to the case specified in the margin (Regina v. JG Butterworth, Indecent Assault), I have the honor by direction of the Attorney General to inform you that Patrick Murphy minor is bound over in himself and that a proper recognizance should be forwarded for his appearance.
I am Gentlemen
Your most obedient servant
[Signed] W[illiam] W[ilberforce] Stephen,
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(a) Town. |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Regina v. (b) John George Butterworth |
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(c) Offence. |
(c) Attempting to criminally assault one Patrick Murphy |
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(d) Town. |
Police Office, (d) Mulwala |
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10th July 1894 |
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Sir, |
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(e) Name of accused |
case of (e) John George Butterworth |
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(f) “His” or “her” |
who has been committed to take (f) his |
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(g) “Circuit Court,” or |
trial at the (g) Circuit [sic] Court |
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to be held at (h) Albury |
on Monday |
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(h) Town where Court |
the 1st day of October 1894. |
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The accused is (i) confined in the Albury Gaol. |
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(i) “Is confined in the |
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(k) As in Recognizance, both for Crown and defence, specifying also what witnesses gave evidence but were not bound over, with reason for omission. |
The Witnesses bound over are (k) James Bath Police Constable of Mulwala, Patrick Murphy Junr of Yarrawonga (Victoria) youth, Patrick Murphy snr of Yarrawonga (Victoria) Labourer and Dr Arthur Denis of Yarrawonga (Victoria) (?) &c.
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(l) Short description to enable identification. |
The Exhibits enclosed are (l) Nil |
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I have the honor to be, |
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[Signed] Alexander Stone, JP. WB Cairnes, JP. |
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Clerk of Petty Sessions |
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The Secretary, |
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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 |
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4g 201-90 |
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(M., 11 and 12 Vict., Cap. 42.)
Depositions of Witnesses.
TO WIT.
The examination of James Bath Police Constable of Mulwala in the Colony of New South Wales, Patrick Murphy Junior, Patrick Murphy Senior, and Dr Arthur Denis all of Yarrawonga in the Colony of Victoria, taken on Monday this 9th day of July in the year of Our Lord one thousand eight hundred and ninety four at Mulwala in the Colony aforesaid, before the undersigned, one of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of John George Butterworth who is charged this day before us for that he the said John George Butterworth on the 7th day of July at Mulwala in the said Colony, unlawfully attempt to criminally assault one Patrick Murphy Jun a child of the age of nine years.
[Signed] Alexander Stone, JP
1
Police Court.
Mulwala 9th day of July 1894 before Messrs Alexander Stone, WB Cairnes, Justices of the Peace for the Colony of New South Wales, John George Butterworth is charged with attempting to criminally assault a boy of nine years named Patrick Murphy.
This witness Patrick Murphy [junior] being duly sworn saith on oath:– I reside with my parents in Yarrawonga. I am nine years of age on the 18th of March last. On Saturday the 7th of July about 11 in the forenoon I was in McNamara’s paddock going through it to see if there my father’s horses were in the paddock and if not in the paddock I was to go to the Common & look for them. I found there was a panel down and the horses had got out. and Before leaving the paddock the prisoner who I had seen previously when crossing the bridge over the Murray came up and spoke to me. He said he was going rabbiting and told me to come with him. I said I had to go into the common to try and find my father’s horses. He told me I had to go with him, and I went with him across the road to the next paddock towards the quarry. I turned to go away by Boyds’ paddock and the prisoner followed me and when going through the scrub he caught hold of me and laid me down on the ground on a handkerchief and said “This is what boys do,” and tore my trousers on the back and took out his dicky and
2
land himself on me. I then kicked him and jumped away from him. I was crying and he handed me three pence. My trousers were unbuttoned. I th He then went away and I dropped the three pence. I then buttoned my trousers and threw the money down and after going about ten chains I returned and picked up the three pence. I then went to the Common after the horses but could not find them. I then went to look for my father and on the way you bought threepence worth of lollies at Mame’s and Lloyd’s store. I then went down the road towards home and met my father on the side of the bridge near the first sandhill. He asked me where I got the lollies and where I got the money to buy them. I said “A man gave me threepence.” He asked me if you I had been crying and what tore you my trousers and I told him what I have now said. I then went with my father to look for the horses again and could not find them. My father then brought me to the Police Station and told the Police what had happened to me. He then left me to have my dinner at the Police Station. The Police asked me questions and I told them the same that I have said here. I described the man to the Police and told how he was dressed. The woman to the Police Station told me to go down to Boyd’s Hotel and wait there till the Police came. A man then brought me back to the Police Station where I saw 7 or 8 men and was asked by the Police to point out the man who had assaulted me. I then looked at the man and pointed out the prisoner as the man who had assaulted me. I then went over the river with the Police and the prisoner and was taken to Dr Denis. The doctor examined me.
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I am quite sure the prisoner is the man. When he put me on the ground he put me with my face down and he laid on my back.
By the Prisoner: It was about 11 o’clock I saw you on the bridge near the middle. You were coming towards Mulwala. You first gave me sixpence and took it back then gave me threepence, saying it is enough for you. You did not knock me down, you laid me down. I went off to my father’s horses and could not find them. I told my father you had a crimson coat, white trousers and his hat turned up. A white hat and that there was a tear on the side of the coat. The hat was darker and dirtier than the trousers.
[Signed] Patrick Murphy.
Taken and sworn before us at Mulwala this 9th day of July 1894.
[Signed] Alexander Stone, JP, WB Cairnes, JP.
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Patrick Murphy [senior] being duly sworn saith on oath:– I am a labourer residing at Yarrawonga. I am the father of Patrick Murphy Junior, the last witness. I remember Saturday the 7th of July. I sent my son over to McNamara’s Paddock about 10 o’clock to see if my horses were in the paddock. I afterwards met him on this side of the bridge some time before 12 o’clock. I saw he had been crying. I asked him what was the matter with him. His trousers were torn. He had some lollies in his hand. I asked him where he got the lollies. He said a man gave him threepence to buy the lollies. I said “What did he give you the threepence for? You have been crying.” I said “There is something in this. You better tell me the truth, I’ll take you to the Police.” He started to cry and said a man followed him up the paddock. I asked what the man did to him. He said the man dragged him across the road into the scrub. I asked him to show me the place. He then took me to the place and I saw their tracks and where there appeared to be a struggle. I then asked him particulars about the man. He then described the his appearance and the clothes he had on and that his coat was torn on the shoulder and had a grey felt hat turned up. I then gave brought the boy here and gave information to the Police. I then went with the Police in search of the man. The Police asked the Custom House Officer if he had seen a man pass answering the description. He said he had seen a man of that description crossing the bridge going towards Yarrawonga. I then went to Yarrawonga with the Police and saw the prisoner outside of (Leany’s ?) Hotel.
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I then left and went home to change my clothes so as not to be known as having been with the Police. I then returned and saw the prisoner going towards the grove. He was running when I saw him. I followed him and asked him if he wanted work. He said “What kind of work have you got?” I said, “Clearing.” He said there were plenty of men up at the hotel wanting work. I said “I heard in the town you were a good working man. I will give you 25/- per week.” The prisoner said “Oh I don’t want any work. I have money in my pocket.” He then turned to walk away. I saw a tin of fish sticking out of his pocket and said “You will have to come back with me anyway. I didn’t think you paid duty on that fish.” He said “I did not buy the fish on the other side. I bought in a Victorian store at Yarrawonga.” I said “The Custom House Officer told me you had not paid the duty and you would have to come back and do so.” He then came back with me across the river and when near the Custom House the Constable came and arrested him. The Constable then asked the prisoner if he had met a little boy in the paddock. He said “No.” I said “Did I not see you 2 or 3 hours ago crossing the bridge?” He said “Yes, I was overseeing some matter I have got over there. I then left.”
To the Prisoner: I asked you to go up to the hotel to have a drink he you refused and said you he wanted to get your dinner. This was between 1 and 2 o’clock. I got a hold of him by the arm and said you would have to come up.
[Signed] Patrick Murphy.
Taken and sworn before us at Mulwala this ninth day of July 1894.
[Signed] Alexander Stone, JP, WB Cairnes, JP.
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James Bath being duly sworn saith on oath:– I am Mounted Police Constable stationed at Mulwala. I remember last Saturday the 7th of July about 1 pm. Patrick Murphy, the last witness, brought his boy to the Police Station and reported that a man had attempted to assault him. I asked him where. He said in one of the paddocks near the quarries. I examined the boy and found that his clothes had been torn and had mud on them. I then asked the boy to describe to me the man who had attempted to assault him. He told me he was a shortish man with a black moustache and a sort of a blackish face and very little beard, about a week growth. He told me he was dressed in a brown coat which was torn on the shoulder, white pants and a whitish hat. I asked him if it was a pure white and shewed a grey hat I had on my head. He said it was like it only dirtier, larger and turned up all round. He also said he had heavy boots. I asked him if the man was tall as me. He said no, not so tall as I was. I left the boy at the Police Station and went in company with his father in search of the man. We went to the sandhills where there were some men camped and from there to the Custom House Officer. I asked him if he saw a man crossing the river towards Yarrawonga answering the description I have already given. He said he had seen a man of that description cross the bridge some time previously. We then went over the river to Yarrawonga and saw the accused in the shed. I told Murphy to take his horse and leave it at home,
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then came back and got the man to come across the river and I would then arrest him. I watched the prisoner myself while Murphy was away. I saw him make his way down to a place called the grove. Murphy afterwards came and followed the man. He caught him up close to the huts where I saw him speaking to him. I afterwards joined them in the grove and heard Murphy offering him work at 25/- a week. I was in plain clothes. While he refused saying he did not want work, that he had money in his pocket, Murphy then told him he had bought a tin of fish over the river and had not paid duty on it and that he would have to come back to the Custom House Officer and pay for it. He said he had bought it in Yarrawonga and did not cross the river with it. Murphy then told him that the Custom House Officer said that he had brought the fish across the river and had not paid duty on it. He then came back across the river with Murphy. I followed behind and when he crossed the river I asked him if he had seen a little boy in the paddocks that he was walking through that day previously and he replied, “No.” I then asked him “Are you sure you did not see a little boy in the paddocks on the hill and attempted to assault him.” He replied, “No,” that he had not. I then told him he answered the description of a man who had attempted criminally to assault a boy. I then arrested him and brought him to the lock up. I brought him in with
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seven other men, some similar dressed, and told him I was going to bring the boy to identify him and that he was to stand in amongst the other men. I had the boy brought in and told him to point to one of the men who attempted to assault him. He looked through the men and pointed out the prisoner as the man who had attempted to assault him that day, saying “That is the man.,” to which the prisoner replied “Did you say I was the man who assaulted you?” The boy said “You are the man.” I then charged him with attempting to criminally assault the boy. I got a buggy and took the prisoner and the boy to Dr Denis’s surgery at Yarrawonga. I was present when Dr Denis examined the boy. I saw there had been no was scratches on the boy’s bottom. I then brought him back to the lock up. Afterwards I went to the paddock with Murphy to where the assault was said to have been committed and in a little scrub a saw tracks of what appeared to be a man, a child’s boots. There were also marks of a struggle, the ground being torn up.
[Signed] James Bath.
Taken and sworn before us at Mulwala this ninth day of July 1894.
[Signed] Alexander Stone, JP. WB Cairnes, JP.
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Arthur Adrian Denis being duly sworn saith on oath:– I am duly qualified Medical Practitioner residing at Yarrawonga. On Saturday afternoon the 7th of July about 3 o’clock Constable Bath brought into my surgery the boy Patrick Murphy in the prisoner’s company. The Constable asked me to examine the boy as to evidence of a criminal assault. At the lower part of the spinal column on the right margin of the inner groove I found the skin somewhat bruised and scratched, which were positive marks of a struggle. The anus was intact only two small patches red and of the size of a shilling were near the entrance but might have been due to natural causes and cannot be connected in any way with the offence complained of. I also examined the prisoner and found that the shape of his genital organs tends to prove that he is accustomed to unnatural functions.
To the Prisoner: I did not see any sign of violence on young boy.
[Signed] AA Denis.
Taken and sworn before us at Mulwala this 9th day of July 1894.
[Signed] Alexander Stone, JP, WB Cairnes, JP.
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(M., 11 & 12, Vic., Cap. 42.)
Statement of the Accused.
New South Wales,
TO WIT. }
John George Butterworth stands charged before the undersigned, two of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this ninth day of July in the year of Our Lord one thousand eight hundred and ninety four for that he, the said John George Butterworth on the 7th day of July 1894 at Mulwala, in the said Colony, unlawfully attempt to criminally assault one Patrick Murphy Junior a child of the age of nine years. And the examination of all the witnesses on the part of the prosecution having been 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 John George Butterworth, and the witnesses for the prosecution James Bath Constable of Police “Mulwala” in the Colony aforesaid. Patrick Murphy Junior, Patrick Murphy Senior and Dr Arthur Denis all of Yarrawonga in the Colony of Victoria, being severally examined in his presence, the said John George Butterworth 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 John George Butterworth saith as follows:– “That this is the first time I have been brought before a Court and that I am quite innocent of the charge and never saw the boy until he was brought forward to identify me.”
Taken before us, at Mulwala, in the said Colony, the day and year first above mentioned.
[Signed] Alexander Stone, JP WB Cairnes, JP.
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G. 190.
REGINA
versus
John George Butterworth
Offence,– attempting to criminally assault one Patrick Murphy Junr.
The accused stands committed to take his trial at the next Court of Circuit Court to be holden at Albury, on the first day of October 1894. Bail allowed the accused in £ and two sureties in £ each or one in £ No bail allowed.
[Signed] Alexander Stone, JP.
Dated at Mulwala Police Office, this ninth day of July AD 1894.
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(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
New South Wales,
TO WIT. }
Be it remembered, that on the 7th day of July in the year of Our Lord one thousand eight hundred and sixty ninety four James Bath a Constable of the Police Force of Mulwala in the Colony of New South Wales, and Patrick Murphy Junior, Patrick Murphy Senior of Yarrawonga in the Colony of Victoria, and Dr Arthur Denis of Yarrawonga in the Colony of Victoria, 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.
[Signed] AA Denis, Patrick Murphy Junior, Patrick Murphy Senior, James Bath.
Taken and acknowledged, the day and year first above mentioned, at Mulwala in the said Colony, before me.
[Signed] Alexander Stone, JP.
John George Butterworth was this day charged before Messrs Alexander Stone and William Bellinghen Cairnes Esquires two of Her Majesty’s Justices of the Peace for the said Colony, with attempting to criminally assault one Patrick Murphy Junior a child of the age of nine years on Saturday the 7th day of July 1894 at Mulwala.
If therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Albury, in and for the Colony of New South Wales, on the third day of October 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 John George Butterworth for the offence aforesaid, to the Jurors who shall pass upon the trial of the said John George Butterworth.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] Alexander Stone, JP.
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(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
New South Wales,
TO WIT. }
Be it remembered, that on the 8th day of August in the year of Our Lord one thousand eight hundred and sixty ninety four Patrick Murphy a minor of Yarrawonga in the Colony of Victoria, and John McNamara his surety of Yarrawonga in the said Colony, of Victoria and New South Wales 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.
[Signed] Patrick Murphy, John McNamara.
Taken and acknowledged, the day and year first above mentioned, at Yarrawonga in the said Colony, before me.
This 8 August 1984.
[Signed] WB Cairnes, JP, for New South Wales.
The condition of the within written Recognizance is such, that whereas John George Butterworth was this day charged before Alexander Stone and WB Cairnes Esquires two of Her Majesty’s Justices of the Peace for the said Colony, with indecently assaulting Patrick Murphy a child of the age of nine years with intent to commit the abominable crime of buggery with the said Patrick Murphy.
If therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Albury, in and for the Colony of New South Wales, on the first day of October next, at nine of the clock in the forenoon, and then and there give such evidence as they know, upon an information to be then and there preferred against the said John George Butterworth for the offence aforesaid, to the jurors who shall pass upon the trial of the said John George Butterworth.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] WB Cairnes, JP, for New South Wales.
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[On the depositions’ cover sheet is the following]
Circuit Court.
Albury
1st October 1894
AG’s No. 175
Depositions.
CS’s No. 3
Regina
v.
John George Butterworth
Indecent assault
See within AG
Committed at: Mulwala
on: 9th July 1894
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Indecent assault on male
[Initialled] C[harles] G[ilbert] H[eydon, AG]
19/7/94
Sec 60
Proper recognizance should be obtained for (?) of Patrick Murphy jnr
Bench Mulwala info 20 July 94
Murphy junior a minor bound over in himself
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Justice MH Stephen’s notebook 10
179
[Albury, Monday 1 October 1894]
[Reg] v. John George Butterworth
Indictment: 11 assault on male
Plea not guilty
Patrick Murphy. 9 years old – at Yarrawonga. Live with father & mother. I know accused. I met him about 3 months ago. He spoke to me. I was coming over a sand hill – to see if a panel down. I was looking for horses. Accused said to me to come with him. I said I had had to look for some horses. He said I would have to come with him. Accused pulled me across the road into a scrub. He chucked me down. He said this is what boys do. I started crying. He pulled out his dickey. I tried to get away from him. He chucked me 3d. & I went away. He tore my clothes on the back side. I was lying down – on my stomach.
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He lay down on me. After he tore my clothes he did not touch my body. He wet on me. He put my trowsers down. I got away & buttoned them up. I went back & got the 3d. Prisoner had gone away. I went & had got some lollies. I met my father – & went with him to the Police Station. I saw 7 or 8 men. I saw the accused there (same day). He was one of the 7 or 8. I pointed to accused & said that is the man. Accused said how do you know. I said that is the man.
Cross-examined. I saw you about 11 – in the middle of the bridge. I told my father that you met me on the bridge & asked if I had any dogs. He had a You had a brown coat with a rip on the shoulder … with a dirty white hat.
Patrick Murphy [senior]. Remember the day that I went with my son (last witness) to the Police Station.
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I sent the boy away about 11 – across the river about some horses. He was coming back. I noticed that his clothes were torn & that he had been crying. I went with him to some sand hills – marks where there had been a struggle – soft ground – heel tracks of boots. Took the boy to the Police Station at Mulwaree. 12 We (?) found prisoner on the street at Yarrawonga – Victoria – saw him afterwards running down the grove. I followed him. I came back when tied my horse up – & accused went down the river. I spoke to him – asked if he wanted work. He said that he would not go back. I said you’ll have to – the Custom House officer wants you – you have not paid duty on a tin of fish. I got
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hold of him. He was going to strike me when Constable Bath came up – & accused came back. I asked accused if he was over the river an hour ago – he said yes.
Cross-examined by I by me. Prisoner was dressed as now.
James Bath. Constable stationed at Mulwarree. I remember 7 July. The boy & father came to the station – received information. Went in search of accused. Went to Yarrawonga (in Victoria). Saw accused in the street – watched him. He went down the grove – I followed him. Heard Murphy offer him work – which accused refused. I asked prisoner if he had seen a little boy. He said that he had not. I said to accused – you answer the description of a man who has been reported of criminally assaulting a boy. He said that he was not the man.
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I told him that I would go to bring other men & bring a boy to identify. The men – some of them – were similarly dressed. I told the boy to point out the man. He said that is the man. Accused said did he say that I was the man. The boy said yes – you dragged me into the bush & assaulted me. I took the boy & accused to Doctor Denis’s surgery. I was present at an examination – saw scratches on boy’s bottom. Saw tracks In one of the paddocks I saw tracks of a man’s boot & a boy’s – signs of a struggle.
Cross-examined. You told me that you had been across the bridge (ie to the Victorian side) to see some mate – he
By me. He said that he had bought the fish on the Victorian side & had been across only to see a mate.
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Arthur A Denis. Duly legally qualified medical practitioner. He The boy was brought to me with by the constable & in presence of accused I examined the boy – on a Saturday. About ½ an inch from the anus there was a bruise – size 2/- piece. Lower part of spinal column the skin was bruised & scratched. No other marks of violence. Evidence of a struggle. I examined accused – nothing particular about him. I examined his genitals – no marks about him.
Verdict – guilty – 1 year & 9 months imprisonment, hard labour, Albury Gaol.
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The Border Post and Wodonga Advertiser, Tue 2 Oct 1894 13
ALBURY CIRCUIT COURT.
Monday, October 1.
(Before His Honor Mr Justice Stephen and juries of 12).
Crown Prosecutor– Mr EP Field
Judge’s Associate– Mr Stephen
…
INDECENT ASSAULT.
John George Butterworth was arraigned on a charge of attempting to carnally know Patrick Murphy, a boy of nine years of age, at Mulwala, and pleaded not guilty.
The offence, the details of which are not fit for publication, was committed at Mulwala on 17th of July, and the evidence of the boy was conclusive. The boy on returning to his home made a complaint to his father, who went in search of the prisoner. He found him in a street at Yarrawonga, but when observed the accused made off down the Murray and was pursued by the boy’s father. He was overtaken and asked to cross the Murray under a pretext that work could be found for him. He refused to accept the work, and had to be secured before he would do so. The accused was brought to the lock up at Mulwala, and was positively identified by the boy as the man who had assaulted him. The boy was examined by a medical man, and evidence was given that fully bore out the charge.
The accused made a statement to the jury amounting to a complete denial of the charge.
His Honor, in summing up, stated that there was strong evidence of an assault having been committed. There was, however, always room to doubt when the evidence was unsupported as to identity, as it was in this case.
The jury, after a short retirement, returned to court with verdict “Guilty,” and the accused was sentenced to one year and nine months’ imprisonment in Albury gaol.
~ ~ ~ ~ ~
The Albury Banner and Wodonga Express, Fri 5 Oct 1894 14
ALBURY CIRCUIT COURT.
Monday, October 1.
(Before Mr Justice Stephen.)
This court was opened at the usual hour non Monday. Mr Field held the briefs for the Crown. Mr TA Browne, PM., represented the sheriff.
…
INDECENT ASSAULT.
John George Butterworth was charged with this offence at Mulwala.
The evidence in this case was unfit for publication.
The jury found a verdict of guilty, and the prisoner was sentenced to hard labor for one year and nine months.
~ ~ ~ ~ ~
John George Butterworth, Gaol photo sheet 15
![SRNSW: NRS1966, [5/1768], Albury Gaol photographic description book, 1893-1915, p. 49, R5082.](../../images/trials/1894-Butterworth-1768-gaol-photo-49.jpg "SRNSW: NRS1966, [5/1768], Albury Gaol photographic description book, 1893-1915, p. 49, R5082.") |
Gaol Photo Sheet - Transcribed Details
No.
Date when Portrait was taken: 11th Sept 1894
Name: John George Butterworth
|
Native place: England Year of birth: 1859 Arrived Ship: not known Trade or occupation Religion: Ch of England Education, degree of: R & Write Height: 5' 3¼" Weight On committal: 130 Colour of hair: Brown Colour of eyes: Brown Marks or special features: Left eye small; small scar on nose; 2 scars left leg below knee; scar outside right hip |
Marks or special features: Small scar centre forehead, mole left thumb |
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(No. of previous Portrait ... ) PREVIOUS CONVICTIONS |
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| Where and When | Offence. | Sentence | |||
|
Melbourne ditto ditto Albury CC |
2 22 1 1 |
5 4 5 10 |
1881 1884 1884 1884 |
Burglary Receiving * Assault Indecent assault on a male person. |
2 years HL Accumulative 1 mths 5 years 1 year + 9 mths HL AG [Albury Gaol] |
|
* According to the 1 May 1884 newspaper trial details Edward Butterworth was convicted for feloniously receiving and not assault. |
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1 The Argus, Tue 19 Apr 1881, p. 5. Emphasis added.
2 Bendigo Advertiser (Vic), Tue 19 Apr 1881, p. 2.
3 Bendigo Advertiser (Vic), Wed 20 Apr 1881, p. 2.
4 The Argus, Fri 6 May 1881, p. 3. Emphasis added.
5 The Argus, Sat 7 May 1881, p. 7. Emphasis added.
6 The Argus, Fri 2 May 1884, p. 7.
7 The Argus, Thu 8 May 1884, p. 5. Emphasis added.
8 Bendigo Advertiser (Vic), Fri 9 May 1884, p. 3.
9 SRNSW: NRS880, [9/6872], Supreme Court, Papers and depositions, Albury, 1894, No. 175. Emphasis added.
10 SRNSW: NRS7710, [2/7241], Judiciary, MH Stephen, J. Notebooks Circuit Courts, 1876-1903, pp. 179-84. Emphasis added.
11 Mn: [S.] 60
12 Elsewhere Mulwarree, now known as Mulwala.
13 The Border Post and Wodonga Advertiser, Tue 2 Oct 1894, p. 4.
14 The Albury Banner and Wodonga Express, Fri 5 Oct 1894, p. 27.
15 SRNSW: NRS1966, [5/1768], Albury Gaol photographic description book, 1893-1915, p. 49, R5082.