1890, John Thomas Harding

Depositions for John Thomas Harding 17 Apr 1890 Tamworth trial ¹

(M., 11 and 12 Vic., Ca. 42.)

Depositions of Witnesses.

New South Wales, Barraba
TO WIT. }

The examination of Thomas Johnson of Barraba in the Colony of New South Wales, Senior Constable of Police taken on oath, this 11th day of April in the year of Our Lord one thousand eight hundred and ninety at Barraba in the Colony aforesaid, before the undersigned, one of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of John Thomas Harding who is charged this day before me, for that he the said John Thomas Harding, on the 7th day of April at Barraba in the said Colony, did assault one Alfred Eames with intent to commit buggery.

Thomas Johnson on being duly sworn states:– I am a Senior Constable stationed at Barraba. Yesterday evening the 10th instant I arrested the accused in Barraba and charged him with assaulting one Alfred Alfred Eames with intent to commit an unnatural offence. He made no reply to charge. Alfred Eames was present at the time and pointed him out as the man who had assaulted him.

I pray for a remand for 8 days to enable me to produce evidence.
[Signed] Thomas Johnson.

Taken and sworn before me this 11th day of April 1890.
[Signed] James Boothe, JP.

Remanded for eight days for production of evidence.
[Signed] James Boothe, JP.

~ ~ ~ ~ ~

(M., 11 and 12 Vic., Cap. 42.)

Depositions of Witnesses.

New South Wales, Barraba
TO WIT. }

The examination of Thomas Johnson of Barraba in the Colony of New South Wales, Alfred Eames, Fanny Eames, Henry Eames, Richard Cole, Samuel Muir of Barraba in the said Colony, taken this Tuesday this 15th day of April in the year of Our Lord one thousand eight hundred and ninety at Barraba in the Colony aforesaid, before the undersigned, two of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of John Thomas Harding who is charged this day before us, for that he, the said John Thomas Harding, on the 7th day of April at Barraba in the said Colony, did indecently assault a male person to wit Alfred Eames.

Sodomy Indecent Assault on male person

Alfred Eames duly sworn states:– I am 11 years of age and reside with my father on the town common near the brick kilns over the bridge. I know the accused, he was camped on the common near father’s camp. I have seen him there for four days. I saw him Easter Monday night. I was sent to Mr Salter’s by my mother after supper. I had to pass by accused’s tent. He picked me and carried me on his back from the water race on the flat to near the bridge over the river. He let me down and I came over to Salter’s to get money. I did not get any. Accused followed me to Salter’s and waited for me. I walked back to the bridge with accused, he took me under the bridge. He took me by the two arms and laid me on the ground on my stomach. He undid my trousers and his trousers. He took out his “Tommy” – his cock – spit on his hands and wetted it. He put it between my legs. I told him I would sing out for Constable Johnson. He said he would keep me down longer. I was afraid to sing out. He asked me if I ever saw my father doing that to my mother. He asked me to come over on Tuesday night, he said he would stick his Tommy in my bum. He said he had done the same to other

boys before. I saw him Easter Sunday evening at Mr Lillis’s garden. Accused asked me if I was going to the Salvation Army. I said I was not going unless father went. Accused told me to come by myself, to come after dark. After he led me up under the bridge on Easter Monday night he gave six pence and three pence, 9d altogether. I spent threepence at Mr Morrisons and bought a packet of lollies. The six pence I gave to my mother. On Tuesday morning she asked me where I got it. I told her from a man that was camped on the flat and told her I did not know what he gave it me for.

By Accused: I did not know what you gave me the sixpence for.

I was afraid to tell my parents on Easter Monday night about what accused done to me. I met you at your camp on the flat, a man was there who was camped on the flat also, a stranger. I asked you if you were going over to the town that night. You gave me 3 pence on the flat as we were coming to the town to buy what I liked. You asked me as we passed Faddy’s Corner was I going home by myself. I said I did not like going by myself. I said nothing about the bridge to you. I do not know if you were drunk. I think you were sober.

[Signed] Alfred Eames

Taken and sworn this 15th April 1890 before us.
[Signed] Corbett Lawson, PM, James Boothe, JP.

Fanny Eames duly sworn states:– I am a married woman reside with my husband on the common flat over the bridge. The last witness is my son, Alfred Eames. I have seen the accused camped on the flat under a fly about half way between our camp and the town bridge. I sent Alfred on Easter Monday evening to Mrs Salter for a few shillings she owed me. It was about teatime, near 7oc, not quite dark, it was dusk. He was a long time away. He did not bring any money from Mrs Salter’s. Next morning the boy gave me sixpence, said the accused gave him the sixpence for coming over in the town with him. The boy made no complaint to me that night, but two days after he the boy said his bottom was sore. I asked him what made it sore? That man (accused) made it sore on Monday night, that he picked him up, laid him down under the bridge, took down his trousers and his undid his own trousers. He threatened him if he sang out he would keep him all the longer. He took his “Tommy” out and put it between his legs. My husband told me to look at the boy. I examined the boy, I found his bottom was all over pimples, little sores. I looked at it the next day, it was still [the] case. I showed the boy to my husband. I asked the boy about the sixpence. He did not say the man had him

down on the Monday but he told two days after about the man having him down under the bridge. I have kept the same sixpence and marked it directly I found out the way the boy got it. I put it by for the baby as the boy gave it to the child. I kept it separate from other money.

By Accused Police: The boy said Mrs Salter has paid me since all but three pence.

Accused, no questions.

[Signed] Fanny Eames.

Taken and sworn this 15th April 1890 at Barraba before us.
[Signed] Corbett Lawson, PM, James Boothe, JP.

Henry Eames duly sworn states:– I reside on the flat over the bridge near the brick kiln. Alfred Eames is my step-son. I know the accused, he was camped alongside of the track from my camp to the town bridge. A man named Richard Cole working at the brick kiln came to my camp on Thursday forenoon and said “If you know as much as I know you would keep certain parties away, mentioning no names.” I asked what he meant was or are driving at. He said “Your boy told me a yarn that made my hair stand on end.” He told me to order away accused if he came to my camp. Cole told me accused took the boy under the bridge and assaulted him. I informed the police on Thursday afternoon closely after I got the information.

[Signed] Henry Eames.

Taken and sworn this 15th April 1890 at Barraba before us.
[Signed] Corbett Lawson, PM, James Boothe, JP.

Richard Cole duly sworn states:– I am a labourer residing at Barraba at the brick yards. I know the accused, he was camped near the brick yards between the bridge and the brick yards. I have chatted with him. He asked me if I knew Mrs Eames, if I knew how she got her living. I said I did not. He asked me if she done a bit, I said I know nothing about them. He said he thought it worth his while to try another time. I was walking home with accused. Eames was in town and had a glass or two in him. Accused said “You will be pretty right tonight, Dick!” I said “What do you mean?” He said “You can turn in with Mother Eames, Harry is over there drunk.” I said “No, not me.” He said “You can give her a punch in the head that will soon quiet her.” I left him and went to my camp. He asked me to go to see some girl somewhere. I declined. He said “We will go & see if we can get a scrape.

I have known accused fifteen or sixteen years, in Tamworth first, and elsewhere. I only know him by sight.

By Accused: About 3 weeks ago you told me this yarn.

By Police: Alfred Eames told me something about accused. It was so bad I told his father on Thursday morning. Accused is not working here.

[Signed] Richard Cole.

Taken and sworn at Barraba this 15th April before us
[Signed] Corbett Lawson, PM, James Boothe, JP.

Samuel Muir duly sworn states:– I am a blacksmith residing at Barraba. I know the accused by sight. I have had a chat with him. He came to my shop near the bridge. He asked me was any skin to be got about the town. I thought he meant a woman. After, outside the shop, sitting on an old spring cart he asked me what old Harry Eames did for a living. I said he carted wood and was now carting mill wood. He said “I never see him working. I cannot tell how he gets a living.” He asked me what kind of a woman Mrs Eames was. I said “A decent woman.” He said “She must do a bit.” I said “Not to my knowledge.” He then left. He went to his tent. I saw Cole on Thursday last and had some conversation.

[Signed] Samuel McD Muir.

Taken and sworn at Barraba this 15th April before us
[Signed] Corbett Lawson, PM, James Boothe, JP.

Committed to Circuit Court at Tamworth on the 17th April 1890.
By and before us
[Signed] Corbett Lawson, PM, James Boothe, JP.

~ ~ ~ ~ ~

(N., 11 & 12 Vic., Cap. 42.)

Statement of the Accused.

New South Wales,
TO WIT. }

John Thomas Harding stands charged before the undersigned, two of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 15th day of April in the year of Our Lord one thousand eight hundred and ninety for that he, the said John Thomas Harding on the seventh day of April at Barraba, in the said Colony, did indecently assault one Alfred Eames and the examination of all the witnesses on the part of the prosecution having been completed, and the depositions taken against the accused having bee caused to be read to him by me, The said Justice, (by/or) before whom such examination has been so completed; and I, the said Justice, having also stated to the accused and given him clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall say may be given in evidence against him upon his trial, notwithstanding such promise or threat; and the said charge being read to the said John Thomas Harding and the witnesses for the prosecution Thomas Johnson, Alfred Eames, Fanny Eames, Henry Eames, Richard Cole then Samuel Muir being severally examined in his presence, the said John Thomas Harding is now addressed by me as follows:– “Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in writing and may be given in evidence against you upon your trial;” whereupon the said John Thomas Harding saith as follows:– “I have nothing to say.”

Taken before me, at Barraba in the said Colony, the day and year first above mentioned.
[Signed] Corbett Lawson, PM, James Boothe, JP.

~ ~ ~ ~ ~

(O. 1 11 & 12 Vic., Cap. 42.)

Recognizance to give Evidence.

New South Wales,
TO WIT. }

Be it remembered, that on the fifteenth day of April in the year of Our Lord one thousand eight hundred and ninety Thomas Johnson a Senior Constable of the Police Force, Barraba Alfred Eames of Barraba in the Colony of New South Wales, Henry Eames, Fanny Eames of Barraba in the said Colony, Richard Cole and Samuel Muir of Barraba in the said Colony, personally came before the undersigned, one of Her Majesty’s Justices of the Peace for the Colony of New South Wales, and acknowledged themselves to owe Our Sovereign Lady the Queen the sum of

FORTY POUNDS EACH,

of good and lawful money of Great Britain, to be made and levied on their Goods and Chattels, Lands and Tenements, to the use of our said Lady the Queen, her Heirs and Successors, if they the said before mentioned persons shall fail in the condition indorsed.

Taken and acknowledged, the day and year first abovementioned, at Barraba in the said Colony, before me
[Signed] Corbett Lawson, PM, James Boothe, JP.

The condition of the within written Recognizance is such, that John Thomas Harding was this day charged before Corbett Lawson, PM James Boothe Esquire, JP two of Her Majesty’s Justices of the Peace for the said Colony, with indecently assaulting one Alfred Eames Sec. (60). If therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Tamworth, in and for the Colony of New South Wales, on the 17th day of April next, at nine of the clock in the forenoon, and then and there give such evidence as they know, upon an information to be then and there preferred against the said John Thomas Harding for the offence aforesaid, to the Jurors who shall pass upon the trial of the said John Thomas Harding then the said Recognizance to be void, or else to stand in full force and virtue.

[Signed] Corbett Lawson, PM, James Boothe, JP.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Circuit Court Tamworth
17 April 1890
No. 10
The Queen
v.
[John Thomas] Harding
Assault with intent to commit Sodomy
Committed at: Barraba
on: 15 April 1890

~ ~ ~ ~ ~

Justice WJ Foster’s notebook ²

[Tamworth, 17 April 1890]

R v John Thomas Harding Attempt at Assault with intent sodomy: Eames
Plea not guilty

Crown opens

Calls Alfred Eames. Lives Barraba near common with father & mother. I’ve seen prisoner before at Barraba camped on common. Remember Easter Monday. Mother sent me into the town at dark. I past prisoner’s tent, saw accused. He said nothing. I walked all the way into town. He walked. He carried me on his back about 100 yards. Went right to the town. He staid on & (?) while I went into Mrs Salisbury. 3 He came with me toward home. He made me walk under the bridge, got hold of both my arms, laid me on (stump ?) on stomach, held me down with one hand, undid trowsers with one hand. He pulled them down, undid his own trowsers. He took out his Tommy, spit on his hands & wet it.

He put it between my legs I felt. I told him I was going to sing out for Mr Johnson constable. He told me he’d keep me down long. After he let me up he gave me 6d. He wanted to know if I’d come over Tuesday. He wanted to stick it right in the bum. He told me he had done same to others before. I saw him Sunday before. He asked if [I] was going to Salvation Army. I said not unless father would. He told me I might as well go by myself & not to go to dark. On Easter Monday he gave in all 9d. 6d first then 3d after before when going to the town. I spent the money, 3d on lollies 6d I gave mother. I told no one anything of this. I was sore next day. Father (examined ?). I didn’t tell father or mother about it. I told Richard Cole working at brick kiln on Wednesday. Afterwards I told Constable. Prisoner had been (?).

Calls Richard Cole. Laborer Barraba Brickworks. Know prisoner. He was

camped close to brick kilns. I remember Alf making complaint on Wednesday 9th April. I know prisoner well. I spoke to parents after boy told me.

Calls Fanny Eames. Mother of boy. Remember Easter Monday. I sent to Mrs Salter’s in Barraba, ½ a mile, about tea time 6 or 7. I noticed he was a good while away. He gave me 6d. next morning. A few days after he complained of soreness in sitting. I found little sores over him. Richard Coles told me something.

Calls Thomas Johnson. Constable stationed at Barraba. I arrested prisoner Thursday 10 this month. Alfred Eames pointed him out. I charge assault with. He said he’d heard a yarn that boy had pitched but knew nothing about it. That’s As near as I could tell he was in such a state of nervous excitement.

Nothing to say to the jury.

Jury without retiring found guilty.

Sentence 4 years penal servitude.

~ ~ ~ ~ ~

The Sydney Morning Herald, Fri 18 Apr1890 ⁴

TAMWORTH CIRCUIT COURT.
———◦———
(By Telegraph.)
(From Our Correspondent.)
——

Tamworth, Thursday.

The Circuit Court (before his Honor Mr Justice Foster) was opened this morning. Mr AG Ralston prosecuted on behalf of the Crown. Mr J Garland junr, was the only other barrister present. The Crown Prosecutor stated that the Attorney-General declined to file a bill against George Jones for entering the Commercial Bank at Tamworth, with felonious intent, while in a state of intoxication, and he was discharged. John Clarke, of Quirindi, was convicted of writing a defamatory libel against a girl named Martha Mason. The offence was of a very gross nature, and the prisoner was sentenced to 15 months’ hard labour. Charles Pacey, charged with killing a sheep, the property of John Kennedy Doyle, with intent to steal the carcase, was acquitted. John Thomas Hardy [sic] for the attempted commission of an offence was sentenced to four years’ penal servitude.

~ ~ ~ ~ ~

Evening News, Sat 19 Apr 1890 ⁵

YESTERDAY’S BREVITIES.
————

…
At the Tamworth Circuit Court, to-day,
…
A man from Barraba, named Brady [sic–Harding], was sentenced to four years’ imprisonment for a criminal offence on a boy 11 years of age.

~ ~ ~ ~ ~

The Tamworth Observer and Northern Advertiser, Sat, 19 Apr 1890 ⁶

CIRCUIT COURT
(Before His Honor Judge [WJ] Foster.)

The Tamworth Circuit Court opened on Thursday at 10 o’clock before his Honor Mr Justice Foster.
The Bar was represented by Mr Ralston, Crown Prosecutor, and Mr Garland. The Solicitors present were: Messrs WF Tribe, TM Newman, RA Dowe, and CJ Ross, Tamworth; Mr Treacher, Quirindi; Mr J Lee attended from the Crown Solicitor’s office.

JURORS FINES.

The following Jurors were each fined £3 for non attendance:– W Budge, W Greer, HN Garvin, and Jos. Barnard. In the case of the last named His Honor said he had received a note asking that Mr Barnard be excused. He could take no notice of that unless there was evidence given on oath.

JURORS EXCUSED.

JT McCaffrey was excused from serving on the jury on the ground that he had been up all the previous night, his wife having been ill.
…

A GROSS OFFENCE.

John Thomas Hardy [sic] was charged with committing a beastly offence on a little boy, aged 11 years, named Alfred Eades [sic], at Barraba, on the 7th April.

Prisoner, who was a simple-looking individual, pleaded not guilty, and was undefended.

The boy gave his evidence in a very clear manner. Evidence was also given by several other persons, which went strongly against the prisoner.

The jury, without leaving the box, found the prisoner guilty.

He was sentenced to 4 years’ penal servitude.

This closed the business of the Court for the first day

~ ~ ~ ~ ~

John Thomas Harding, Gaol photo sheet template ⁷

Gaol Photo Sheet - Transcribed Details

No. 4713

Date when Portrait was taken: 30 April 1890

Name: John Thomas Harding

Native place: BC NSW

Year of birth: 1852

Arrived Ship: –
in Colony } Year: –

Trade or occupation
previous to conviction } Laborer

Religion: Cath

Education, degree of: Nil

Height: 5' 11¾"

Weight On committal:
in lbs } On discharge:

Colour of hair: Brown

Colour of eyes: Grey

Marks or special features:

Where and when tried: Tamworth CC
17th April ‘90

Offence: Assault with intend to commit Buggery

Sentence: 4 years P.S.

Remarks: To Berrima Gaol 6th May 1890.

John T Harding 4 yrs P.S. from Tamworth

(No. of previous Portrait ... )

PREVIOUS CONVICTIONS

Where and When

Offence.

Sentence

Nil

¹ SRNSW: NRS880, [9/6796], Supreme Court, Papers and depositions, Tamworth, 1890, No. 10. Emphasis added.

² SRNSW: NRS5977, [2/4277], Judiciary, WJ Foster, J. Notebooks Circuit Courts, 1884-94, pp. 42-5. Emphasis added.

³ Salter in transcript of depositions, and elsewhere in this document, but definitely Salisbury here.

⁴ The Sydney Morning Herald, Fri 18 Apr 1890, p. 6. Emphasis added.

⁵ Evening News, (Sydney, NSW), Sat 19 Apr 1890, p. 6.

⁶ The Tamworth Observer and Northern Advertiser, Sat, 19 Apr 1890. p. 2.

⁷ SRNSW: NRS2138, [3/6051], Darlinghurst Gaol photographic description book, 1889-1890, No. 4713, p.220, R5103.

Sodomy