The Narrabri Age and Namoi District Newspaper, Tue 28 Apr 1896 1
POLICE COURT.
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Friday, April 24.
Before Messrs JF Kenyon, PM, and EH Wall, JP.
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Monday, April 27.
Before Mr JF Kenyon, PM.
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ASSAULTING THE POLICE.
Wm [Henry] Tighe, (a half-caste aboriginal) was charged with assaulting Senior-sergeant Clarke while engaged in the execution of his duty, on April 26. The accused pleaded guilty.
Senior-sergeant Clarke explained that he went to the accused’s room at the North Star Hotel on Sunday night. Accused picked up a chamber to throw it at him, but a constable, who accompanied him, overpowered him. Accused was thrown to the ground, with the assistance of a civilian. The baton was used freely on the accused, as he behaved almost like a wild beast. Sentenced to three months’ hard labor.
The same accused was further charged with attempting to commit an abominable offence on one Louis Boyer on April 26. The evidence taken was unfit for publication. The witnesses called were Senior-sergeant Clarke and the prosecutor, Louis Boyer. The accused was committed for trial at the Quarter Sessions at Narrabri on June 22 next.
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The Narrabri Herald and Northern Districts’ Advertiser, Tue 28 Apr 1896 2
NARRABRI POLICE COURT.
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Friday, April 24.
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(Before JF Kenyon, Esq, PM, and EH Wall, Esq, JP.)
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Monday, April 27.
(Before JF Kenyon, Esq, PM.)
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ASSAULTING THE POLICE.
William Henry Tighe was charged with assaulting Senior-sergeant Clarke in the execution of his duty.
Senior-sergeant Clark [sic] gave evidence of the commission of the assault, and the accused was sentenced to three months’ imprisonment in Maitland gaol.
The same accused was then charged with having committed an abominable offence at the North Star Hotel, which cannot be more particularly described, and was committed for trial at the Court of Quarter Sessions to be held at Narrabri on the 22nd June.
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The Narrabri Age and Namoi District Newspaper, Tue 23 Jun 1896 3
QUARTER SESSIONS.
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Monday, June 22.
Before Acting Judge Merewether.
The June sittings of the Quarter Sessions for Narrabri were opened this morning.
Mr W Bevan conducted the prosecution for the Crown. The following members of the legal profession were present: Messrs Shand (barrister), GSE Dale, JM McDonald, WE Potts, and McIntyre (solicitors).
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ALLEGED UNNATURAL OFFENCE.
William [Henry] Tighe, a half-caste, was indicted upon a charge of attempting to commit an unnatural offence on Louis Boyer on April 25.
The accused pleaded not guilty.
Mr Shand appeared for the defence. The case for the Crown was put forward by the Crown Prosecutor.
Louis Boyer, who described himself as an artist, gave evidence as to the attempted assault made by the accused upon him. Two attacks were made upon him by the accused. He rushed out of the hotel with only his shirt and socks on and ran to the police station and informed the sergeant of police. It was three o’clock in the morning. The police returned at once with him to the house. The accused was then lying on the floor asleep, and was snoring.
The witness was cross-examined at considerable length. He said that he was an astrologer, and predicted destiny from signs in the sky. He denied that he was drunk on the occasion.
Senior Sergeant Clark[e] remembered the night in question. He saw the prosecutor in Maitland street, after midnight. The man was dressed only in a shirt, hat, and coat. He made a complaint to the witness, who went to O’Grady’s North Star Hotel. Witness found the accused on the floor in a bedroom, lying on a mattress. Witness awoke the accused who got up and seized a chamber in the room. He threatened to throw it at the witness, who walked towards him. As he was in the act of throwing it, another constable rushed by and knocked the accused down with a baton. The accused was afterwards arrested in the back yard. In reply to the charge made against him the accused made use of foul language, in the course of which he said the prosecutor was as bad as him. He threatened to kill Boyer if he got hold of him. When Boyer came to witness in Maitland-street he was sober. He was shivering with the cold at the time. The accused was under the influence of liquor. The other man in the room was asleep at the time the witness was in the room.
To his Honor: The mattress was lying across the floor opposite the door.
Cross-examined: The door was open sufficiently to allow a man to pass out without moving the bed. Boyer was wearing a hat at the time. The partitions in the house were made of brick. The statement made by the accused when charged before the police court was put in evidence.
At this stage the last witness for the Crown was recalled, and deposed to the means he took to arouse the accused when lying on the floor.
Mr Shand contended, at this stage, that there was no evidence to show the intent to commit the offence. He cited a case in support of his contention.
His Honor overruled the point raised.
Counsel then addressed the jury in defence. He submitted that the tale told by the prosecutor was an improbable one, seeing that he was a foreigner and evidently believed in occult causes.
His Honor summed up the evidence. If the accused had done what was set before them by the Crown, there would hardly be any doubt as to the intent to commit the act. He pointed out that the prosecutor, who was a foreigner, had certainly made use of some expressions rather curious, but was not it strange that he did not call out, as the walls of the house were thick. He did go and make a complaint to the police when in a half dressed state. The offence was a very serious one, and could not be treated lightly one way or the other.
The jury retired to consider their verdict.
The jury returned into court after an absence of three quarters of an hour. A verdict of “Not guilty” was returned against the accused.
The accused, who was serving a sentence on another charge, was ordered to his former custody.
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The Narrabri Herald and Northern Districts’ Advertiser, Tue 23 Jun 1896 4
QUARTER SESSIONS COURT.
Monday, June 22.
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(Before His Honor Mr Justice Merewether, and juries of 12.)
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Mr Bevan prosecuted for the Crown, and the bar was also represented by the local attorneys.
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ASSAULT WITH INTENT.
William Henry Tighe was presented on the charge of having on the 25th April last, attempted to commit an unnatural offence upon one Louis Boyer.
The prisoner pleaded not guilty, and was defended by Mr Shand, instructed by Mr McDonald.
The Crown Prosecutor placed the leading facts before the jury, and called—
Louis Boyer, a travelling artist, who described the circumstances under which the assault was committed, but which are unfit for publication.
To Mr Shand—I went into the room with the police when the accused was arrested. Am an artist. Do not write novels. While in town stayed at different hotels. I was certainly not drunk. I had only two drinks after tea. I went to O’Grady’s hotel for the purpose of writing a letter for a young man. There was a third man in the room when I went back. He was snoring before I went away. I did not call out because I did not think any one could hear me. Have been inebriated some times most decidedly, but have not been charged with it. Am an astrologer. Can read coming events by the stars. So not know what “shingle short” means. Was not inebriated that night.
Senior-sergeant Clarke was next called and deposed that on the night of the 25th April, he saw Boyer in Maitland-street, near the Club House Hotel. He was coming through the gateway. He had a shirt, hat and coat on. He made a complaint and witness went with him to the North Star Hotel where he found the prisoner rolled up in a blanket on the floor. Witness woke up the accused who took up a chamber utensil and said, “If you come near me I’ll knock your brains out.” He was in the act of striking witness on the head with it when another constable warded off the blow. The accused was at length knocked down and handcuffed when witness formally charged him with the assault on Boyer. The accused’s reply was couched in some very foul language, and he threatened he would kill the prosecutor if he got hold of him.
To his Honor—Boyer was sober when I saw him in Maitland-street. He did not appear to be suffering from the effects of drink. He was shivering with the cold. The accused was under the influence of liquor. The third man referred to was asleep when I went into the room.
To Mr Shand—I could open the door without touching the bed. I did not make any notes of what was said at the time, but I think my memory is accurate. I believe Boyer had a coat on when I met him. Did not notice what sort of a hat he had on.
The Crown Prosecutor then put in the accused’s statement as made in the Police Court.
Senior-sergeant Clarke recalled. The third man in the room when I went in was too drunk to get up.
This closed the case for the Crown.
Mr Shand submitted that there was no evidence to go to the jury. He quoted the case of Regina v. Combury in support of his contention that there was no evidence of intent.
His Honor dissented from this view. But made a note of the objection in response to Mr Shand’s request.
Mr Shand then addressed the jury with the view of showing that the evidence of the prosecutor was unreliable.
His Honor then reviewed the evidence, after which the jury retired. After about an hours’ deliberation, the jury returned into Court with a verdict of not guilty.
The accused was then taken back to gaol, where he is serving a sentence on another charge.
1 The Narrabri Age and Namoi District Newspaper, Tue 28 Apr 1896, p. 2. Emphasis added.
2 The Narrabri Herald and Northern Districts’ Advertiser, Tue 28 Apr 1896, p. 2.
3 The Narrabri Age and Namoi District Newspaper, Tue 23 Jun 1896, p. 2. Emphasis added.
4 The Narrabri Herald and Northern Districts’ Advertiser, Tue 23 Jun 1896, p. 2. Emphasis added.