Goulburn Evening Penny Post, Thu 2 Jan 1896 ¹

CROOKWELL.
(FROM OUR CORRESPONDENT.)

POLICE COURT.—Tuesday, December 31st.

BEFORE Mr SL Cox.

    Samuel Price, a young man, was charged with an unnatural offence on George Parker (8 years and 9 months), and was committed for trial at the next Goulburn Quarter Sessions, bail being refused. The offence was alleged to have been committed on the 27th whilst Mr and Mrs Parker were milking their cows. Accused, who is a brother of Mrs Parker, was left in charge of the children. The police on Monday morning went in pursuit of Price, who had left his home early in the morning, and he was arrested at 3 pm by Sergeant Moss and Constable Branch.

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Goulburn Evening Penny Post, Tue 28 Jan 1896 ²

GOULBURN QUARTER SESSIONS.
———

The above sessions commenced this (Tuesday) morning before his Honor Judge Fitzhardinge. Mr John Armstrong prosecuted for the Crown. Mr Belcher acted as deputy sheriff.
…

UNNATURAL OFFENCE.

    Samuel Price, on remand, aged 18 years, was charged with having committed an unlawful offence against the order of nature on a boy named George Parker at Kialla on the 27th December last. A second count charged accused with indecent assault.

    Accused pleaded not guilty and was defended by Mr Gannon.

    Accused challenged two jurymen and the Crown four.

    During the hearing of the case the court was cleared of all women and children by order of his Honor.

    The Crown-Prosecutor, in opening the case, said that it was most painful as well as a revolting matter, as the accused was a brother of Mrs Parker.

    George Parker is a little boy eight years of age, and his parents live near Kialla. Evidence was given by the parents to the effect that on the day in question they left accused in charge of the children while they milked the cows. They found the boy crying when they returned, and from what he told them they examined him and found it necessary to bring him in to Dr Stokes, of Crookwell. The evidence of the doctor strongly supported the graver charge. The boy himself was not called.

    Accused [Samuel Price] gave evidence on oath and absolutely denied the charge. He said he had not been on the best of terms with his sister and that the whole charge was a piece of spite on her part.

    Mr Gannon cross-examined Mr and Mrs Price on this point, but they denied the existence of any ill-feeling. The father said he was not aware that his son was a vicious boy and that he swore like a trooper.

    Mr Gannon, in addressing the jury, commented on the course adopted by the Crown in not calling the boy, and submitting that the case was not sufficiently made out, because Mrs Parker had to take the statement of her son, and he might not be worthy of belief. Therefore her evidence in itself was not sufficient to warrant a conviction.
His Honor, in summing up, said he thought the Crown Prosecutor had acted very properly in not calling the boy. It was always better to keep a child of such tender years out of the box if possible, and the learned Crown Prosecutor had proved the present case, if they believed the evidence, without putting the boy to that ordeal.

    The jury had not returned a verdict up to the time of going to press.

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The Goulburn Herald, Wed 29 Jan 1896 ³

GOULBURN QUARTER SESSIONS.

COMMENCED yesterday before his Honor Judge Fitzhardinge. Mr SH Belcher acted as deputy-sheriff. Mr Armstrong prosecuted. The other legal gentlemen present were Messrs Betts, O’Brien, Gannon, and Howard of Goulburn, and Elliott of Moss Vale.
…

UNNATURAL OFFENCE AT KIALLA.

    Samuel Price (eighteen) was charged with committing at Kialla on 27th December an unnatural offence on George Parker aged eight. He was further charged with indecent assault.

    Prisoner pleaded not guilty, and was defended by Mr Gannon. Three jurors were challenged by prisoner and four were ordered to stand aside by the crown-prosecutor.

    Prisoner is a brother of Mrs Parker, and was on the afternoon of 27th December left with her children in the house while she and Mr Parker went to milk at a distance. On Mrs Parker’s return she found her son George crying, and on questioning him he made a charge against prisoner. Mrs Parker spoke to her brother and he denied the charge. The boy was seen by Dr Stokes of Crookwell on 29th December, and he found that the offence had been committed.

    Prisoner [Samuel Price] went into the box and positively denied the charge, and said it was the result of spite.

    Mr Gannon in addressing the jury argued that prisoner giving voluntary evidence made his statement of some weight, and contended that viewing the relationship existed between the accused and the boy it was a fair inference that Mrs Parker in sending the boy to the doctor (acted ?) from ill feeling. He commented grumpily upon the boy not being called to give evidence.

    His Honor summed strongly against accused.

    The jury retired, and after a brief deliberation found prisoner guilty on the first count. Remanded for sentence.

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Goulburn Evening Penny Post, Thu 30 Jan 1896 ⁴

GOULBURN QUARTER SESSIONS.
TUESDAY AFTERNOON.

BEFORE his Honor Judge Fitzhardinge.

UNNATURAL OFFENCE.

    The jury in the case of Samuel Price, charged with committing an unnatural offence, returned a verdict of guilty, and he was remanded for sentence.

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Goulburn Evening Penny Post, Sat 1 Feb 1896 ⁵

GOULBURN QUARTER SESSIONS.
———
THURSDAY AFTERNOON.

  Before his Honor Judge Fitzhardinge.
…

UNNATURAL OFFENCES.

    Mr Gannon asked his Honor when he intended to pass sentence on Samuel Price and Oswald Saunders Pitt.
His Honor said he would not do so until after he had discharged the jurymen on the next day. He might tell Mr Gannon that the cases had caused him a great deal of thought and he wished to have as long a time as possible to consider them. The trouble was that such crimes seemed to him to be greatly on the increase. At the sessions just started at Darlinghurst the list contained case after case of the same description—assaults on children, assaults on boys, and all kinds of filthy crimes. Of course he could not make a scapegoat of any one criminal, but when a crime was found to be on the increase it was the duty of a judge to try and put a stop to it.

Friday, January 31.

    His Honor Judge Fitzhardinge took his seat at 9.30.
…

A PRISONER ORDERED TO BE FLOGGED.

    Samuel Price, on being brought up for sentence, had nothing to say. In passing sentence and addressing the prisoner, his Honor said:– This is a very dreadful case. It is one of the worst of those dreadful cases that it has ever been my painful duty to hear, You, the uncle of these little children, were left by their mother to take charge of them, and instead of protecting them, either from themselves or from others, upon this little boy you made this disgusting and brutal assault, and I greatly regret to have to say that you succeeded in your detestable purpose. You have probably ruined that boy for life, not physically perhaps but morally; and if you have not done so you have done all you posibly [sic] could to effect that purpose. Had you committed a crime of that kind before 1883 you would have been tried for your life. It was then a capital offence. However, in 1883, those who framed our Criminal Law Amendment Act agreed, probably rightly, that although such a crime was detestable in all its aspects, it was not worthy of such punishment. By the law as they amended it the punishment is still very severe, and I might tell you, for the sake of others who may be inclined to commit these filthy crimes, that the punishment for such a crime is imprisonment for life or penal servitude for not less than five years, and in addition to that very heavy punishment it has been placed at the discretion of the court to add other punishment to it, a punishment which those who passed the law probably thought would appeal more strongly to the feelings of persons who committed such detestable crimes than merely being locked up from their friends, their relations, and most of their fellow men. I regret for your sake that it is my duty, in addition to a term of penal servitude which I have passed on you, to also direct that other punishment to be applied to your body. These crimes, unfortunately, seem to be ever on the increase, and during the last few months seem to be terribly on the increase. At one time garotting became almost a fashionable crime. However, those who frame our laws decreed that the garotter caught in the act might be lashed, and such a terrible punishment for a long while almost put an end to that dreadful crime. It is to be hoped that by my directing you to be whipped that it will have such an effect upon you that you will never attempt a similar crime to this one. It is to be hoped that it will act not only as a deterrent to you, but as a warning to others who have the like filthy minds. The sentence of the court is that you undergo penal servitude for five years, and during the first six months of that sentence you be once privately whipped with ten strokes.

    The prisoner, who is a strongly built young man, was unaffected.

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Samuel price, Gaol photo sheet ⁶

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Gaol Photo Sheet - Transcribed Details

No. 1059
Goulburn

Date when Portrait was taken: 8/1/1896

Name: Samuel Price

Native place: Gullen NSW Year of birth: 1877 Arrived       Ship: — in Colony }   Year: BC Trade or occupation previous to conviction  } Farmer Religion: Presbyterian Education, degree of: R & W Height: 5' 10" Weight     On committal: 165 in lbs     } On discharge: Colour of hair: Brown Colour of eyes: Brown

Marks or special features: Scar inside left wrist

(No. of Previous Portrait ... )  CONVICTIONS
Where and When				Offence.	Sentence
Goulburn Q.S.	28	1	1896	Sodomy	5 years PS and 10 lashes (inflicted 4/2/1896)

 

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¹  Goulburn Evening Penny Post, Thu 2 Jan 1896, p. 4.

²  Goulburn Evening Penny Post, Tue 28 Jan 1896, p. 2. Emphasis added.

³  The Goulburn Herald, Wed 29 Jan 1896, p. 2.

⁴  Goulburn Evening Penny Post, Thu 30 Jan 1896, p. 4.

⁵  Goulburn Evening Penny Post, Sat 1 Feb 1896, p. 4. Emphasis added.

⁶  SRNSW: NRS2232, [3/5971], Goulburn Gaol photographic description book, 18 Jul 1893-9 Sep 1896, No. 1059, p. 157, R5119.

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