National Advocate, Thu 24 Oct 1895 1
A FEARFUL CHARGE.
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Sydney, Wednesday night.
At Parkes to-day, James Bourke, laborer, was committed for trial on a charge of indecent assault on John Durken, a youth, aged 16.
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Evening News, Thu 28 Nov 1895 2
COUNTRY SESSIONS.
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FORBES, Thursday.— Judge Docker presided at the quarter sessions yesterday. Two aboriginals, named Tommy Goolagong and John Glass, pleaded guilty to a charge of assault. Mary Ann Rakage pleaded guilty to a similar charge. Henry Bennett, a prisoner undergoing a sentence, was found guilty of stealing nine head of cattle on a part of the Burrawang run called Wonwonga. John Burke [aka James Bourke] was found not guilty on a charge of indecent assault. William and Denis McLanders were acquitted on a charge of robbery. All the prisoners were remanded for sentence.
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The Sydney Morning Herald, Thu 28 Nov 1895 3
QUARTER SESSIONS.
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Forbes, Wednesday.
The Court of Quarter Sessions opened yesterday before his Honor Judge Docker. Mr Shand prosecuted on behalf of the Crown.
Two aboriginals, named Tommy Goolagong and John Glass, pleaded guilty to a charge of assault.
Mary Ann Rakage pleaded guilty to a similar charge.
Henry Bennett, a prisoner undergoing a sentence, was found guilty of stealing nine head of cattle on a part of the Burrawang run called Monwonga [sic].
John Burke was found not guilty on a charge of indecent assault.
William and Denis McLanders were acquitted on a charge of robbery.
All the prisoners were remanded for sentence.
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Forbes and Parkes Gazette, Tue 29 Oct 1895 4
RUSSIAN PROVERBS.
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LOVE thy wife as thy soul; shake her like a plum tree.
Always beat your wide before dinner; also before supper.
The dog is more intelligent than woman, for he never barks at his master.
Before going to war say a prayer; before going to sea say two prayers; before marrying say three prayers.
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Forbes and Parkes Gazette, Fri 29 Nov 1895 5
QUARTER SESSIONS.
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Tuesday, November, 20th, 1895.
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(Before His Honor Judge Docker.)
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Mr Shand Crown Prosecutor.
…
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Wednesday, November 27th, 1895.
INDECENT ASSAULT.
James Burke [aka James Bourke] was charged with that he did on 22nd October, 1895, at Parkes, indecently assault one Charles John Darkin, a male.
Prisoner who was undefended pleaded not guilty and asked His Honor to watch the case for him.
His Honor said he would see that no evidence was given unless strictly bearing on the case.
Charles John Darkin, deposed: I am a laborer living at Paddington, Sydney, with my mother; I am 16 years of age on 22nd of this month; I came to Parkes on either 21st or 22nd October with a man named Kerley, and I stayed at Toohey’s hotel being given No. 14 bedroom which is on the ground floor near the end of the stable; I saw accused on 22nd while I was playing with the children in the yard; he came up to us and gave a recitation; we knocked off playing and he continued reciting until the bell rang for tea; he was pretty sober; after tea we went outside and I asked him to have a game of billiards; we had a game, after which we went outside and a man named McKeown called prisoner away and they went around the back; they were away about ten minutes and when they came back accused asked me to have a drink; I had a cigar and McKeown and he had a drink; McKeown then left and prisoner and I walked up and down the street; he shouted me two or three times and each time I had a cigar; he also bought a pineapple at a fruit shop, and I had a piece of it, Mr McKeown, another gentleman and myself having the rest; we then went back to the hotel and I said I was going to bed; he said he could get me a shearing shed and I replied “All right”; I went into the room and sat on the bed; prisoner stood up for a little while and then sat down alongside of me; I told him to go out and he refused; I said “You can’t sleep here there is no bed for you”; he replied “I’m going to sleep in that bed over there” (meaning a second bed that was in the room); I said, “There’s another gentleman going to sleep there and you can’t”; he replied “I’ll break the b—– b—– nose if he come in here”; he then asked me to go into his room and sleep, but I refused; he said he would carry me in if I didn’t go; I went in undressed and turned into bed; prisoner also undressed, locked the door, blew the candle out, jumped into the bed and caught hold of me by the hands; I told him to let me go or I would sing out; he said “You young b—– if you sing out I’ll cut your throat”; I struggled with him and he committed the assault; he then put his trousers on; I got my clothes, went into my own room, and put then on; I told him is was going for a policeman and to be aware; as soon as I opened the door he came out to catch me, and I laid down on the verandah so that he couldn’t see me; he said “Will you come and have a drink?”; I never spoke; he then said “Oh b—– you go to h—– “; I jumped up and ran up the street, but couldn’t see a policeman; I saw a man named Monaghan and told him something; I then saw Mr Toohey and spoke to him; shortly after I saw a constable and gave him some information; about 10 or 15 minutes had elapsed from the time the act was committed till I saw the constable at about 11 o’clock; there was nothing said about money being offered me; I went into prisoner’s room with the constable, and saw him lighting his pipe; he had his shirt, trousers, and boots on; the bad was in the same condition as when I left it; the constable said “I’ve got to arrest you,” or something to that effect; prisoner said “What for?”; the constable replied “You’ll see what for in the morning,” and asked him if he would go quietly; the prisoner said “That boy is charging me with an awful crime, one which I might be hung for.”
NSW), Mon 2 Dec 1918, p. 6.
Reproduction: Peter de Waal
By His Honor: I can’t remember if I or the constable said anything about charging him before he said I was charging him with an awful crime.
By Prisoner: I never saw you at dinner that day, nor before you gave the recitation; you stood before us and we knocked off playing; I went into tea first and you came and sat alongside of me; I did not feel your pockets; you left the table first; you came our out and he went into the billiard room; a young man played the two of us billiards and we won; went out and you remained in the room about 3 minutes; I stood at the door; you offered to play a cove for £1 and I saw your money; some shillings were put into the billiard marker’s hands by this party; I was not making fun behind your back; I was laughing at the recitations; the man wanted to put the silver up against your £1 and you told him he couldn’t get it on; I knew him before I knew you; when we were with McKeown I did say that I had a good mind to punch that fellow on the nose who was trying to put the shillings against your £ to play you billiards for it; McKeown said he was too big for me; he did not tell me to leave you alone as you did not want me or my company; you asked me too have a drink; we went up the street and stood in front of a fruit shop; you asked me what kind of fruit I liked and I said pineapples; you bought one and gave it to me and yourself, McKeown, another person and myself shared it; I borrowed your knife; we went back to the hotel and had a drink and then went to bed; I won’t swear we did not play a game of billiards at 20 minutes to 11 o’clock.
By His Honor: We had a second game of billiards.
By Prisoner: You went into the bar and changed a £1 note to pay for drinks; when we went to the room and you was threatening to punch the man on the nose, and carry me into your room, I could have ran away but I never suspected anything; you went into your room and I followed you in; you couldn’t lock the door, because the key wouldn’t fit it, and you then put a chair against it; I was frightened to sing out; I did not see you with a knife as the candle was out; you didn’t see me lying on the verandah because you looked towards the gate when you asked me to have drink; you came into my room when I was dressing myself and took the candle out; I went back into your room and snatched the candle and took it into my room again and locked the door; this was after I laid down on the verandah; when looking for a policeman I saw Mr Monaghan and asked him if he had seen one; he asked me what was the matter; I said “Are you a married man?” he replied “Yes”; I then stated my case to him and he advised me to go to Mr Toohey; I did so; I saw the constable standing at the corner and I called him over; when he went into your room I was standing at the door; the constable used words to the effect that he would have to arrest prisoner; it was while you was being conveyed to the lock-up that you said I was charging you with an awful crime; I can’t remember what you said to the constable in the room; I’ll swear I did not ask you for a £5 note; I thought I was going for a policeman; you told me I could go to b—– h—– ; I saw you with £1 note; I never said you offered me a £1 to say nothing about it; the signature on the depositions is mine taken at Parkes Police Court; it appears in the depositions that I said you offered me £1 to say nothing about it.
By His Honor: I do remember saying at the Parkes Police Court that he offered me £1; he offered it to me just after he committed the assault.
By Prisoner: I saw you counting money in the room; you had a Union ticket, £1 note and some silver; told Mr McKeown the morning after you was locked up that I had a case against you; told you I was riding on racecourses in a good few places; never saw Monaghan before I saw him in Parkes.
By a juror: I never made a charge of this description against any one else.
Edward Monaghan deposed: I am a billiard marker; the prosecutor came to me on October 22nd at about 10.55 pm just after I had shut up my billiard room and told me something in reply and he went away.
By Prisoner: U am also a bookmaker; have made books at Lillie Bridge; knew a boy who used to sing on trams and racecourses about Sydney and I think prosecutor is the same one; he asked me if I saw a policeman; he told me he was assaulted and asked my advice; can’t say why he should come to me; 5 or 6 of us were together when he came up and he then called me away; did not see you and prosecutor playing billiards in my room; very often I am out of the room.
Denis Toohey deposed to prosecutor having spoken to him and then Constable Hamilton.
By Prisoner: You came into my bar and had a drink with Mckeown and then asked me where you could get a turn out of clothes; directed you to a shop and you returned with the storekeeper and a parcel under your arm; did you see you misconducting yourself in my place; there were people lodging in rooms near where your room was.
By Mr Shand: The nearest occupied room is from 15 to 25 feet; there is a row of rooms on the other side of No. 14; they were all occupied that night.
By Prisoner: There would be some one about the stable and kitchen until 11 o’clock that night.
Constable Hamilton deposed: I am stationed at Parkes; on 22nd October last a boy made a complaint to me about11 pm; went into No. 15 room at Mr Toohey’s hotel and saw accused standing in the middle of the room with his shirt, trousers and boots on; said to him “Are you occupying this room?”; he replied “I am, and Mr Toohey will tell you so”; he said he came from Ada Vale that day; I drew his attention to prosecutor and said “Do you know this boy?”; he replied “I’ve seen him”; I said “Did you interfere with him in any way to-night?”; he replied “No, I wouldn’t be guilty of that”; I then arrested him; he stood up and said “Do I look like a man who would be guilty of that?”; noticed two beds in the room, one was tossed about and the pillow hanging half off; the other was not disturbed; examined the sheet after I locked prisoner up but found no marks on it.
By Prisoner: The prosecutor came into the room with me and could have heard the whole of the conversation between you and myself; it would be possible to disturb the bed by lounging on it; I saw no marks on the bed.
(Prisoner asked this witness a host of questions which appear in his evidence in chief)
By His Honor: The prosecutor seemed a bit excite.
By Prisoner: I did not examine him to see if he bore any marks of violence.
Prosecutor [Charles John Darkin] recalled by a jury: I left Sydney just after Easter Monday and have been knocking about with racehorses and in shearing sheds; I had no money when this offence was committed but had written home for some; I had 14s-8d the first day I came into Parkes; I send money home when I earn it and if I at any time want money I write home for it; I sent £4-10s home about 4 weeks before I came to Parkes and reserved £1-5s to carry me on; my sister sends me money when I want it.
By Prisoner: I was told by the magistrate I would get my fare paid to attend on this case and it would be stopped out of my expenses; I asked Mr Pery a couple of days ago for money. I never asked Mr Hunter for money; I’ve been in seven sheds this season extending over a period of 23 weeks; I started in a shed near Wellington on 1st July; I earned £27; I was knocking about with horses in May and June.
By a juror: I earned money by singing on Canterbury racecourse.
By Prisoner: I was arrested in Sydney with another boy who used to sleep out at night because I was in his company but was discharged; I lived with my mother.
For the defence—
Prisoner [James Bourke] made a statement to the effect that he came into Parkes with £10 and spend his money pretty freely. He was asked by persons to play hazards and cards and he saw prosecutor in their company afterwards. When they couldn’t get him to play cards no doubt the prosecutor thought he could extort money out of him by trumping up this charge. If he was guilty of the monstrous crime supposed to have taken place, he had plenty of time to get away before the police came as his swag was in a sulky out in the yard; and would he put up at a respectable place like Toohey’s, if he was such a monster, to carry out such a diabolical act.
David McKeown deposed that he drove accused to Parkes and saw him there on 22nd October; accused asked him what was the best house to go to, and recommended him to Toohey’s; saw him during the day knocking about town, and in the billiard-room playing with Darkin and another man when he thought Darkin was throwing him over; saw accused offering to bet £1 and advised him to put the money in his pocket; and later on advised him to give his money to Mr Toohey; the prosecutor had followed witness and accused about and had been told to go away.
In reply to Mr Shand witness said he was sober and that accused was not; he did not know either party; he met them in the street eating a pineapple about 10.30 pm he had cautioned accused to put his money away as he thought the boy was after no good. In reply to the jury he said he did know the prosecutor before; was not aware that he was a Sydney lad; he only picked accused up on the road when coming to Parkes.
Accused in addressing the jury, said Darkin had no money, and suggested that the charge was trumped up against him for the purpose of extorting money.
His Honor briefly summed up, the jury retired and ultimately found accused not guilty.
1 National Advocate, (Bathurst, NSW), Thu 24 Oct 1895, p. 3.
2 Evening News, (Sydney, NSW), Thu 28 Nov 1895, p. 7. Emphasis added.
3 The Sydney Morning Herald, (NSW), Thu 28 Nov 1895, p. 5. Emphasis added.
4 Forbes and Parkes Gazette, Tue 29 Oct 1895, p. 3.
5 Forbes and Parkes Gazette, Fri 29 Nov 1895, pp. 2, 3. Emphasis added.