The Western Herald and Darling River Advocate, Wed 31 Oct 1888 1
BOURKE QUARTER SESSIONS.
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MONDAY, 29th OCTOBER, 1888.
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(Before His Honor Judge Backhouse.)
The bar was represented by Mr Dawson (Crown Prosecutor), Mr Blackett, barrister. Messrs Biddulph, Ryan, Neville, and Eves, (Brewarrina) (solicitors) also occupied seats at the professional table.
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TUESDAY, 30th OCTOBER.
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(His Honor took his seat at 9.30.)
RAPE.
An aboriginal named Cubbey [aka Cubby] was charged with the above offence.
The following jury were sworn:—
|
W Evans |
Samuel Johnson |
The Crown Prosecutor gave a brief review of the case. In evidence as adduced at the Police Court proceedings; he called the following evidence:—
Mrs [Mary] Horton (an aged person) gave evidence that she resided near the Bourke Hospital in a hut; remember the 29th September; know accused, whom she had seen on the day named; accused came to her place about 12 or 1 o’clock at night; he first asked where the black’s camp was, and witness told him; he then went away and subsequently came back and entered the hut through a small window between two saplings; the accused had one boot off; he knocked her out into the raod [sic] and caught hold of witness; she called out; accused rolled witness on the sand and took liberties with her at the same time tearing her hair and clothes; he also hit her on the head with a boot; (the witness made a very rambling statement, defying the best energies of both Crown Prosecutor and His Honor to get direct coherent answers to questions); the boot he struck witness with was a heavy one lacked with twine; the boot produced is the one he struck her with; Mr Morrison came on the scene and she pointed out where accused was to him.
Cross-examined by Mr Blackett without materially affecting the evidence adduced; had no light in the room until she struck a match.
To His Honor: Was in a chair when accused came to the place; took a tomahawk to accused and he took it and threw it away it had no effect on him, as he again assaulted her.
To the Crown Prosecutor: Accused tore her clothes and kept one of his hands on her mouth.
Malcolm Morrison deposed to being manager for Cobb and Co, resided near the Hospital; knew the prosecutrix, whom he saw on the 29th September at the house; went with prosecutrix to her place; a conversation took place; went near a fence and saw a blackfellow jump up and run away and witness ran after him; do not know the accused; but believe the man who ran away was the same; the place where witness saw the blackfellow was twelve or fifteen yards from Mrs Horton’s; the next day, in company with two police constables, followed the tracks of a man; when witness saw Mrs Horton—who came to his place she was excited.
Cross-examined by Mr Blackett: the night was very dark; could not swear as to the color of the clothes; was about three yards from accused when he saw him.
To His Honor: Recognised accused by the general character of his appearance.
Dr Sides deposed to having examined the accused on the 2nd of the month, on whom he found some wounds of a then recent date; likely caused by any blunt instrument; a tomahawk would have caused the wound; also saw Mrs Horton, who had several bruises on the cheek and back of the head; the one on the back of the head might have been caused by the boot produced.
Mary Ann Willis (an aboriginal) deposed to knowing accused, to whom she is related; remembered constable taking Cubby it was a Sunday; witness gave evidence of the track followed on the Tuesday—they led towards the hospital and the blacks’ camp; the tracks were Cubbey’s; on the Saturday when witness saw Cubbey he had on him the same clothes as now—he had no others.
Cross-examined by Mr Blackett without elucidating any further facts or affecting the evidence.
To His Honor: Can track—“when have seen him before know him again.”
Sergeant Webb deposed to recognizing the boot produced. On 1st inst, saw Cubby at Woolwash, 9 miles from Bourke; told him was going to arrest him; he (accused) replied “It wasn’t me; it was another blackfellow”. On the road in Culty said—“That old woman will not know me.” Witness gave a narration respecting the tracks which had been traced by the gin (previous witness). Accused had in witness’ presence tried on the boot found (produced), and afterward said the other was near the railway fence; Cubbey went and got the latter and put it on; the boots are pairs [sic].
Cross-examined by Mr Blackett; but without in any way adding or taking from the evidence.
To His Honor; Mrs Horton gave witness the first boot produced.
His Honor stated that he should withdraw the capital charge; there was absolutely no evidence to support it.
Mr Blackett addressed the jury for the defence. They had only to deal with the second count, which was merely one of assault. It was competent for them to return a verdict for common or indecent assault.
His Honor summed up, reviewing the evidence; and the jury, after a short retirement, brought in a verdict of “Guilty of indecent assault.
Several previous convictions stood recorded against accused, and he was remanded for sentence.
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SENTENCES.
At 2 o’clock His Honor passed the following sentences:
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Cubbey, indecent assault, to be imprisoned in Dubbo gaol for 18 months.
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The Sydney Morning Herald, Thu 1 Nov 1888 2
BOURKE QUARTER SESSIONS.
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(By Telegraph.)
(From Our Correspondent.)
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Bourke, Wednesday.
The Quarter Sessions concluded yesterday. The following sentences were passed:—Cyrus Huxley, for riot, two years in Dubbo gaol; Malcolm P Muir, larceny, 12 months in Bourke gaol; Charles McHenry, larceny, nine months in Bourke gaol; Owen Coleman, attempting suicide, one month’s imprisonment; Cubby, for indecent assault, 18 months in Dubbo gaol; William Lee, indecent assault, five years’ imprisonment.
The District Court sat till late last night, and finished the business. There was nothing of special importance.
1 The Western Herald and Darling River Advocate, Wed 31 Oct 1888, p. 2. Emphasis added. Some of the original newspaper illegible.
2 The Sydney Morning Herald, Thu 1 Nov 1888, p. 7. Emphasis added.