Wagga Wagga Advertiser and Riverine Reporter, Sat 16 Jul 1870 1
WAGGA WAGGA QUARTER SESSIONS.
WEDNESDAY, JULY 14th
(Before his Honor Judge Francis.)
The Court opened at 10 o’clock.
Professional gentlemen present:– The Crown Prosecutor, (Mr Forbes), and Messrs Williams and Windeyer, Fitzhardinge, Gibbes, and Garland, solicitors.
…
INDECENT ASSAULT.
George Hertz was charged with having assaulted one Sarah Ann Holder, with intent to commit a rape, at Lake Albert, on the 7th March last.
The prisoner was defended by Mr Gibbes, and pleaded not guilty.
S[arah] A[nn] Tolhurst (late Holder) deposed: I am the daughter of John Holder, and lived with him on the 10th of June last; on that day my father was away from home; the prisoner came to the house and stayed some time, and conversed with me while he was there; I went into an adjoining room and changed my dress; when I came out prisoner caught hold of me, threw me on to a sofa, and lifted up my clothes; I struggled and got away from him; he followed me out to the front of the house, and again caught hold of me, and tried to throw me on the ground; I struggled and again got away from him; nobody was about the house, only my little brother, who saw everything that took place.
Charles Holder, brother of last witness, corroborated her evidence.
Mr Gibbes addressed the jury for the defence, his Honor summed up, and the jury, after a short consultation, found a verdict guilty of indecent assault.
…
FRIDAY, JULY 15th.
SENTENCES.
His Honor took his seat at 10 o’clock, and delivered the following sentences:—
Henry [aka George] Hertz, found guilty of an indecent assault. His Honor said in one respect he did not take a very severe view of this case. The jury had found the prisoner guilty only of the lesser offence with which he stood charged, and with that view he (his Honor) agreed. The really serious part of the matter was, that in a country where so many women were so often left unprotected, it would never do to hold out from the Bench that men were to be allowed to enter houses, and in the absence of any male protection, to take indecent liberties with women. If that were permitted, the house which was said to be a man’s castle, would be no defence for a woman. However, he did not believe that the prisoner had any intention of going further than he did; he, therefore, passed on him the light sentence of six months’ imprisonment in Wagga Wagga Gaol.
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The Goulburn Herald and Chronicle, Wed 20 Jul 1870 2
WAGGA WAGGA QUARTER-SESSIONS.
(Abridged from the Advertiser.)
THIS court opened on Wednesday last before his Honor Judge Francis. Mr Forbes prosecuted for the crown. The other legal gentlemen present were Messrs Williams and Windeyer, Fitzhardinge, Gibbes, and Garland.
Martin Copas was charged with having on the 18th June, at Narandera, feloniously stolen from the person of Hugh G Byrne, a sum of money. Prisoner was defended by Mr Windeyer.
Verdict—not guilty.
John McCarthy was charged with having at Bundidgerie, on the 13th day of May, 1870, stolen a saddle, the property of John Steward.
The prisoner was defended by Mr Gibbes, and pleaded not guilty.
Verdict—guilty. Sentence, nine months’ imprisonment in Wagga jail.
George Hertz was charged with having assaulted one Sarah Ann Holder, with intent to commit a rape, at Lake Albert, on the 7th March last.
The prisoner was defended by Mr Gibbes, and pleaded not guilty.
Verdict–guilty of indecent assault. Sentenced to six months’ imprisonment in Wagga jail.
James Gray was charged with having feloniously stolen a sum of money, amounting to £30, the property of Laurence Levi, at Wagga Wagga, on the 10th April, 1870.
The prisoner was undefended, and pleaded not guilty.
Verdict—not guilty.
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Wagga Wagga gaol description book 1869-1883 3
| No. | Name. | Con. | Ship. | Year of Arrival. | Where Born. | Religion. |
| 30 | George hertz | Free | Glassbuck | 1836 | Germany, Frankfort | Protestant |
| Trade. | Age. | Height. | Make. | Complexion. | Color of | Education. | Remarks. | ||
| Hair | Eyes | ||||||||
| Wheelwright | 35 | 5' | 5" | Stout | Sallow | Brown | Blue | R & Writes | 2 scars on right arm. Small scar left forehead. German accent. |
1 Wagga Wagga Advertiser and Riverine Reporter, Sat 16 Jul 1870, p. 2. Emphasis added.
2 The Goulburn Herald and Chronicle, Wed 20 Jul 1870, p. 4. Emphasis added.
3 SRNSW: NRS2570, [6/5513], Wagga Wagga gaol description book, 1869-1883.