James Samuel Moss, 1881 – False pretences
Below also see: James Samuel Moss, 1881 – Bestiality
The Wilcannia Times, Thu 5 May 1881 1
WILCANNIA QUARTER SESSIONS.
MONDAY, 2nd MAY 1881.
(Before His Honor Judge Docker, Chairman.)
Messrs Walterus Brown and Dickens, JP’s, were also on the Bench..
Mr Fitzhardinge acted as Crown Prosecutor.
The Sessions were opened by Mr WA Steel, PM, reading the Proclamation against Vice and Immorality.
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ATTEMPTED SUICIDE.—Frank Ward, a jockey, was charged with attempt to take his life by blowing his brains out.
The Crown Prosecutor stated that in this case he did not wish to press for punishment in consideration of the previous good character borne by the prisoner.
Sergeant Prior confirmed prisoner’s general good behaviour, and he was bound over in £20 to appear at the next Quarter Sessions if called upon, and two sureties in £20 each to keep the peace for six months.
The prisoner promised to give up his drinking habits, which, he said, had caused him to commit the crime with which he was charged.
ANOTHER ATTEMPTED SUICIDE.—George Lewis, an elderly man, hardly able to walk, was charged with having attempted to take his life by hacking himself with a razor. In defence he argued that he had been 49 years in the colony, and had never been before a Court of Justice during that time. Drink as in the previous case was the cause assigned. He said he was racked so with pain that he drunk to alleviate his sufferings and must have cut himself while mad.
His Honor read Lewis, as he also had in Ward, a lecture on the baneful influence of drinking spirits, and said he was glad to see two local breweries in the town as they tended to lessen the evils arising out of the drinking of spirits.
The prisoner was bound over on the same terms as Frank Ward.
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The Wilcannia Times, Thu 12 May 1881 2
WILCANNIA QUARTER SESSIONS.
MAY 2nd.
Owing to pressure on our space, the following was unavoidably crushed out of last week’s issue:—
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James Samuel Moss pleaded guilty to obtaining goods by means of false pretences from Peter Stoll and was sentenced to three month’s imprisonment with hard labor.
James Samuel Moss, 1881
The Wilcannia Times, Thu 11 Aug 1881 3
WILCANNIA POLICE COURT.
THURSDAY, AUG. 4.
(Before WA Steel, PM, and W Brown, JP.)
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SATURDAY, AUG. 6.
(Before W Brown and TB Coe, JsP.)
James Samuel Moss was charged with beastiality [sic]. This case heard with closed doors and was one of the most disgusting perhaps, ever came before a Police Court in the colony. The prisoner was committed for trial at the next Circuit Court to be holden at Deniliquin on the 25th October next.
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The Pastoral Times, Sat 22 Oct 1881 4
DENILIQUIN ASSIZE COURT.
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FRIDAY, OCTOBER, 21.
(Before His Honour Sir William Manning.)
The Court was opened at ten o’clock, when Sir William Manning stated that owing to the absence of the Crown Prosecutor, Mr T O’Mara, it would be necessary to postpone the Court for one day. A mistake had been made in the Crown Law Office in filling in the date of the Crown Prosecutor’s commission. It was not the fault of Mr O’Mara at all, but wholly due to the Crown Law Office.
(The fact that the Court was originally fixed for the 25th, and afterwards put back to the 21st may account for the mistake.)
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The Maitland Mercury and Hunter River General Advertiser, Thu 27 Oct 1881 5
TELEGRAPHIC INTELLIGENCE.
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(From the Echo, Herald, and Evening News.)
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DENILIQUIN.
Saturday.
(Herald.)—The Assize Court was opened yesterday, before his Honor Sir William Manning, but the business was not proceeded with until this morning, in consequence of the absence of Mr O’Mara, Crown Prosecutor, who did not arrive until yesterday evening. Sir W Manning explained that this was due to a mistake in the Crown Law Office in filling the date for holding the Court in Mr O’Mara’s commission. The criminal business was concluded to-day, the following cases being dealt with:—Joseph Fenton, larceny at Deniliquin, found guilty, and sentenced to six months’ imprisonment with hard labour; William Fisher, stealing a cheque at Deniliquin, 12 months’ imprisonment in Deniliquin gaol, with hard labour; Henry Watson, false pretences, pleaded guilty, and was sentenced to three years’ hard labour in Goulburn gaol; John Donaldson, endeavouring to obtain goods by false pretences at Jerilderie, pleaded guilty and received six months in Deniliquin gaol, with hard labour; William Meritt, stealing a horse, harness, and waggonette, pleaded guilty, and sentenced to eighteen months, with hard labour, in Deniliquin gaol; John Samuel Moss, charged with attempting to commit an unnatural offence at Wilcannia, was found guilty, and sentenced to two years’ hard labour in Goulburn gaol. The civil jury were discharged this evening, there being no civil causes for trial.
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The Pastoral Times, Sat 29 Oct 1881 6
DENILIQUIN ASSIZE COURT.
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SATURDAY, OCTOBER 22.
(Before His Honour Sir William Manning.)
At 10 o’clock the court opened and the business (was ?) proceeded with. Mr T O’Mara handed in his commission to prosecute on behalf of the Crown.
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UNNATURAL OFFENCE.
James Samuel Moss was charged with having attempted to commit bestiality at Wilcannia on the (4th ?) August last, and pleaded not guilty.
The following jury was sworn:—J Smith, W (?), W Turner, JL Baker, Thomas (?), JD Hatch, T Balshaw, R Berriman, (?) Hetherington, S Ellis, Thomas Reece, and J (?).
The evidence as to the commission of the offence, which was of an extraordinarily vile nature, was totally unfit for publication. It was positively (?) to by Samuel Trass, a coachbuilder, Wilcannia, and his wife, as having occurred within a (?) feet of their bedroom window, at about one (?) On the morning of the 4th August. It (?) bright moonlight, they were enabled to see (?) what took place, and were most positive in (?) evidence. Trass stated that he went out with intention of interfering, but was restrained by (?), who was afraid that he might receive some (?) injury at the hands of the prisoner. It transpired that the prisoner had only a short time previously been discharged from the Wilcannia Gaol, where had served a sentence of three months for false pretences. In summing up, his Honor said the case was one of a most extraordinary kind, yet there was no reason to doubt the evidence of the two witnesses for the prosecution, and moreover there were records of similar cases having occurred before. Should the prisoner be convicted, he would give directions that he should be carefully watched, with a view of detecting whether there was any insanity, as had been suggested by the prisoner. The jury expressed dissatisfaction that no medical or other examination had been made immediately after the prisoner’s arrest. After a short retirement they returned to Court with a verdict of guilty. His Honour, in sentencing the prisoner, he did not see how the jury could have arrived at any other conclusion. There was no doubt that he had been guilty of a vile and disgraceful offence. He then sentenced the prisoner to imprisonment in Goulburn Gaol for two years with hard labour, and added that he would give directions that he should be kept apart from other prisoners as much as possible.
1 The Wilcannia Times, Thu 5 May 1881, p. 2.
2 The Wilcannia Times, Thu 12 May 1881, p. 2.
3 The Wilcannia Times, Thu 11 Aug 1881, p. 2.
4 The Pastoral Times, Sat 22 Oct 1881, p. 2.
5 The Maitland Mercury and Hunter River General Advertiser, Thu 27 Oct 1881, p. 3. Emphasis added.
6 The Pastoral Times, Sat 29 Oct 1881, p. 3. Emphasis added. The marginal text of the newspaper was not microfilmed, hence some words could not be transcribed.