The Northern Star and Richmond and Tweed Rivers Advocate, Wed 17 Apr 1895 1
LISMORE POLICE COURT.
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Tuesday, April 16.
Before Messrs J Barrie and JM Dunn, JsP.
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WH Gwynne was brought up in custody charged with alleged indecent assault, and after evidence was given by the arresting constable accused was remanded for eight days. Mr Proctor appeared for accused.
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The Northern Star and Richmond and Tweed Rivers Advocate, Wed 24 Apr 1895 2
LISMORE POLICE COURT.
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Tuesday, April 23.
Before the Police Magistrate.
Henry Gwynne, on remand, charged with indecent assault, was committed to take his trial at next Quarter Sessions on June 12. Bail granted – accused in £80, and two sureties of £40 each. Mr Proctor appeared for accused.
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Evening News, Sat 15 Jun 1895 3
LISMORE SESSIONS.
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LISMORE, Friday.—The quarter sessions concluded to-day. WH Gwynne was charged with indecent assault. The jury, who were locked up all night, were unable to agree, and were discharged this morning. Accused was remanded to the next court, and was released on bail.
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The Northern Star and Richmond and Tweed Rivers Advocate, Sat 15 Jun 1895 4
LISMORE QUARTER SESSIONS.
This court opened at 10 am on Wednesday before his Honor Judge Coffey. Mr RJ Browning acted as Crown Prosecutor.
JURY LIST.
The list of jurors was called over, and one absentee, JH Smith, Pearce’s Creek, was fined 40s for non-attendance.
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SECOND DAY – Thursday.
The Court opened at 9.30 am.
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INDECENT ASSAULT.
WH Gwynne was charged with having indecently assaulted Arthur Walters at Lismore on April 2, 1895.
Accused pleaded not guilty, and was defended by Mr Conroy, instructed by Mr Proctor. Jury: W Gollan (foreman), S Baxter, C Hetherington, AE Francis, Owen Cawley, W Archdale, J Wotherspoon, J Olive, LH Robinson, A Keep and RE Walker.
This being the last case for a jury, His Honor thanked the rest of the jurors for their attendance and discharged them.
The usual order was made for all females and lads under 21 to leave the court.
The Crown Prosecutor said the evidence in the case was of a disgusting character, and, as two females would have to give evidence in detail it hardly required further words from him to induce all right-thinking persons to leave the court.
His Honor said he had not the power to clear the court, but he could not understand any people remaining out of mere curiosity to listen to such a case.
At this stage, with few exceptions, the public left the court.
His Honor, referring to those who remained, said he thought the example set by old and middle-aged men might well be taken by the younger lads, who were only just over 21.
The Crown Prosecutor the opened the case, first explaining to the jury the offence with which accused was charged was not sodomy as the impression appeared to be, but simply an indecent assault.
Arthur Walters, a lad 16 years of age, then gave evidence of the offence, which, it was alleged, took place at Mr JT French’s place on the 2nd April. He was in the hammock on the verandah, and alleged accused, who was riding past pulled up and got off his horse and came in and put his hands on him.
He was cross-examined by Mr Conroy, and admitted when accused pulled up he asked who lived there, and he replied “French’s,” and in telling him he asked him didn’t his boss serve them with meat, and he replied “No d— fear, unless they pay the money.” Anyone in the house could hear it. He said he had no recollection of signing his depositions, and did not think he did so. His evidence altogether was very shakey [sic], and for a long time he adhered to his assertion that the offence took place in the morning.
[Mrs] E French and L Amies, her sister, gave evidence of witnessing the offence.
Sergeant Tippett deposed to arresting accused on April 13th.
For the defence, accused [William Henry Gwynne] elected to give evidence, and deposed he had resided in Lismore for 15 years, and was never before charged with any offence. Previous to the second April he had been laid up with a broken collar-bone, and when last round for orders the house now occupied by French was unoccupied. Seeing it now occupied, he pulled up to see if he could get a fresh customer. On getting off the boy accosted him. Asked who lived there. He then gave evidence of what conversation took place. He denied ever putting his hand on the boy. His evidence also was to the effect that a business dispute had occurred with E French, who had called him a liar and a thief, and said she would remember him.
Witness was subjected to a long cross-examination without altering his version. He denied he ever went on the verandah.
At 1.30 the Court adjourned until 2.30 pm.
On resuming George Maxwell gave evidence in reference to witness E French.
C Stanford deposed he had known accused 14 years. He had a very good character and was a straightforward honest servant.
This was the case for the defence.
E French, recalled, denied that she ever spoke to G Maxwell.
At this stage the jury went to view the house and situation of the hammock and window.
On returning accused was called.
Walters was also re-called. He denied what he had said at the Police Court. He was confronted with his depositions, and then denied that the signature on them was his.
CJ Coghlan was called, and deposed he saw Walters sign the deposition, which was read over to him.
Walters still denied that he signed it, and His Honor asked him to write his name at the table. He did so, and His Honor, on comparing the two signatures, said they were as alike as two peas.
His Honor pointed out that at the outset of the case the Crown Prosecutor said the boy was a bit foolish, and accused admitted he was too. He also referred to the discrepancies in his evidence in chief, and said he doubted very much if much reliance could be placed on his evidence. He reminded them though of the evidence of other witnesses.
Mr Conroy asked His Honor if he would ask the jury if they wished to hear him.
His Honor said it was an improper thing to do.
Mr Conroy then addressed the jury. He expressed astonishment that a man should be brought up charged with an indecent assault on evidence of a boy like that. He referred to the discrepancies in his evidence. He also referred in strong terms to Mrs French, concluding an able speech with an appeal to the jury to throw as little stain as possible on the character of accused by acquitting him without leaving the box.
Mr Browning replied. He drew a comparison between the evidence for the prosecution and accused’s, stating one side must be willfully swearing falsely, and asking them to consider the motive each might have to do so.
His Honor summed up, first explaining the law dealing with such offences. That accused made no reply to the charges when arrested was not evidence of guilt; it was the wisest thing a man could do to make no answer, for when a man made a reply it was often twisted. He advised them to give the case careful consideration, and not to jump at a conclusion. He then reviewed the evidence, pointing out the difference in the version given by the Crown witnesses and accused. It was for them to say which side they believed; they had heard both.
A Juror asked could they find accused guilty of a common assault.
His Honor said he was either guilty of indecent assault or innocent.
At 5.30pm the jury retired, and not having agreed when the Court rose, they were locked up for the night.
The Court adjourned at 6.45pm till 10am on Friday.
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THIRD DAY - Friday.
The Court re-opened at 10am.
Re WH GWYNNE.
The jury in the case against WH Gwynne, charged with indecent assault, were brought into Court.
The Foreman (W Gollan) was sworn and stated there was no possibility of their agreeing.
His Honor thanked them for their attendance and discharged them.
Accused was then called on and remanded till next Court of Quarter Sessions, or such time and place as the Attorney General may appoint. Bail was granted, himself in the sum of £80, and 2 sureties of £40 each.
The Crown witnesses were also bound over.
1 The Northern Star and Richmond and Tweed Rivers Advocate, Wed 17 Apr 1895, p. 3.
2 The Northern Star and Richmond and Tweed Rivers Advocate, Wed 24 Apr 1895, p. 2.
3 Evening News, (Sydney, NSW), Sat 15 Jun 1895, p. 5.
4 The Northern Star and Richmond and Tweed Rivers Advocate, Sat 15 Jun 1895, p. 2. Emphasis added.