William Dempsey, 1883
Below also see: William Dempsey, 1888,
George Adams and Joseph Middleton, 1891
The Brisbane Courier, Sat 7 Jul 1883 1
THE BRISBANE COURIER.
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SATURDAY, JULY 7, 1883.
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The first sittings of the Circuit Court at Roma commence on Monday. They will be presided over by Acting Chief Justice Harding, who will leave Brisbane for Roma by special train to-morrow. Mr Virgil Power will prosecute for the Crown. The following are the criminal cases for trial:—William Hays, cattle-stealing; William [aka George or George Adams] Dempsey, horse-stealing; James Gray, Edward Quirk, and John Charlton, alias John Smith, each charged with larceny and receiving. In the cases of William Hays, cattle-stealing (second charge); Charles Cresswell, cattle-stealing; Jonathan, an aboriginal, murder; Edward Smith, false pretences (two charges), no true bills have been found.
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Western Star and Roma Advertiser, Wed 11 Jul 1883 2
ROMA CIRCUIT COURT.
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MONDAY, JULY 9.
BEFORE his Honor Acting Chief Justice Harding.
The first sittings of the Circuit Court in Roma commenced on Monday last. Beyond the reading of the proclamation announcing the boundaries of the court there was no ceremony of any sort to mark this important event.
Precisely at 10 o’clock his Honor took his seat on the Bench, the Sheriff of the colony, Mr Halloran, being in attendance. Mr Johnston, the Judge’s tipstaff, opened the court in the usual way by inviting those who had business there to draw near and they should be heard. Mr Howe, the Judge’s associate, read the proclamation, dated March 8th, which defined the district of Roam, Surat, St George, Charleville, Ellangowan (now Augathella), Cunnamulla, and Thargomindah.
The jury list having been called over Vigil Power, Esq, barrister-at-law, presented the commission appointing him to act in the absence of the hon the Attorney-General as Crown Prosecutor.
The other barristers present were Mr Crompton and Mr Feez.
The business of the court was then proceeded with.
HORSE STEALING.
William Dempsey was indicted for having, at Cunnamulla, on the 12th April last, stolen a bay gelding, the property of one Frank Barraclough. A second count charged the prisoner with receiving the gelding knowing it to have been stolen. The prisoner pleaded not guilty, and was undefended.
Jury:—John H Irwin, Philip Roebig, Samuel Caldwell, Alfred Waldron, William Hartley, Gotlieb Roebig, William Jackson, John Sparks, Henry Cadell, Henry Knayer, Charles Arnold (saddler), and Antose Baunach.
Mr Virgil Power briefly stated the case, which was to the effect that on the 9th April Frank Barraclough purchased a horse at Cunnamulla, which he turned out, and used that evening. The horse was afterwards missing, but on the 14th April prisoner was seen with the horse at Barringun, where he sold it to a man named Cummane, and next morning it was again missing. The prisoner was next seen with the horse at Eringona, in New South Wales, on the 16th April where he was arrested for using bad language, and it was during the time he was detained in custody for this latter offence that the police became aware that the horse he had brought with him was stolen. He being searched the police found in prisoner’s swag a number of dice such as are used in the game of “under and over 7,” also a pack of cards, and an oil cloth. Prisoner had at first denied that he knew anything of the hose, but subsequently stated he purchased it of a man named Wilson, near Cunnamulla.
The following evidence was called—
Frank Barraclough, groom from Cobb & Co, Cunnamulla, said: On the 9th of April this year I purchased a bay gelding at Cunnamulla; the horse now outside the court is the one, branded M4C near shoulder, short tail, small star on forehead. After I purchased the horse I hobbled him out to Cunnamulla. I saw him that night; missed the horse on the 11th, and didn’t see it again until the 27th when it was in the hands of the police. I know the prisoner; saw him at Cunnamulla three or days previous to my buying the horse; never authorised prisoner or any one else to take the horse, and I still claim it as my property.
Cross-examined by prisoner: I am prepared to swear you stole the horse from me. I bought him on the 9th April; bought him of Richard McDougall. I produce receipt. Charles Catkeek is the agent at Cunnamulla. He is not here [some text missing here]
(?) Bourke, said: On the 14th April this year I was at Barringun, New South Wales and saw prisoner there, and purchased a gelding of him. I have seen the horse this morning in care of the police. I paid £5 for the horse. The receipt produced is the one I got from the prisoner. Prisoner said he could not write, and a man (?). the date is the 12th April but is shows the 14th. I hobbled out the horse that evening. The next I saw of prisoner was in custody of police at Eringona, the (?) also.
Prisoner declined to ask any questions.
Patrick Joseph Carland. Senior-constable New South Wales, stationed at Barringun, present, said: In April last I was stationed at Eringona. I saw prisoner coming riding horseback; the horse outside the court is the one. Prisoner rode the horse to within about 250 yards of the police station on road; he tied the horse up behind a (?) and walked over to a public house. On the following day I arrested prisoner for obscene language. Next day, the 1st, brought the horse to the police station where the prisoner was, and asked prisoner (?) was his. He replied, no; he had not seen it before. On the 20th April I brought the witness Cummane to the police station to see the horse. Prisoner said he knew Cummane, and had seen him at Barringun. Prisoner also said he had sold the horse to Cummane. In reply to a question prisoner said he got the horse from near Cunnamulla from a man named Wilson; that he (?) to have a receipt in his pocket (?). Prisoner had a purse which I had previously searched, and I found three horse receipts none for this horse now outside the court.(Three receipts put in and read.) I also found a cheque and two blank cheques, (?) dice. I also searched prisoner’s swag at the hotel. Prisoner claimed the property found in that swag. It contained a pack of playing cards, one piece of oilcloth, used playing a game called “under and over 7" and some wearing apparel. I then charged prisoner with stealing the bay gelding the property of Frank Barraclough.
Cross-examined by prisoner: What have you done with the receipt for the horse branded M4C?
Answer—I have never (?) a receipt with you for a horse branded M4C. There was no other police present when first arrested and searched you. I did (not ?) give you four receipts back. I was close to the horse at the time you tied it up; I stood at the hawker’s cart close by. I cannot read the brands of a horse 250 yards away; had never seen the horse before. You (?) not the horse in your possession (?) arrested you. I think I saw you in Barringun New South Wales, about two years ago (?) I am not sure. I did not alter any (?) any of the receipts.
By his Honor: I put the letter A on the receipt as an exhibit.
By prisoner: I could not give you a summons for a witness. I told you could not get a summons there as there was no court.
This was the case for the Crown.
In reply to his Honor, prisoner said he had summoned two witnesses, Frank (?) and Frederick Perrington, on their names being called neither witness appeared and prisoner said as he had no money to pay their expenses, the witnesses living (?) miles from Roma, he supposed they refused to attend. Prisoner then addressed the jury, saying he bought the horse of a James Wilson, at Cunnamulla on April 14th and had the receipt in his possession on him when arrested, but did not know what the constable had done with it. Had his witnesses attended he could have proved being a Eringona at the time it was alleged he was at Barringun.
His Honor summed up at length, dealing with both counts.
The jury after a brief consultation returned a verdict of guilty on the first count, and prisoner was sentenced to two years’ imprisonment in Brisbane gaol, with hard labor.
William Dempsey, 1888
Cairns Post, Sat 21 Jan 1888 3
LOCAL ITEMS.
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We were pleased to learn on enquiry yesterday that Mr RP Paton, of the Sydney Hotel, is rapidly recovering from the effects of the assault committed upon him—which matter is now before the Police Court.
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Cairns Post, Sat 28 Jan 1888 4
LOCAL ITEMS.
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Wm Dempsey was charged yesterday, before Mr M O’Malley, PM, with having committed a violent assault on RP Paton, landlord of the Sydney Hotel, at 11 o’clock on the night of the 17th inst, by striking him on the forehead with a porter bottle. The evidence showed that Paton fell down, and remained insensible for several minutes. He had been unable to attend to business since. Paton had ordered prisoner off the premises, believing him to be a thief and the associate of thieves. Paton is still being attended by the doctor. Dr Brown’s evidence showed that the wound was an inch and a-half long, and there was a fracture of the skull. The doctor dressed the wound at Craig’s shop. Witness did not consider the patient out of danger yet. Constable Doolan also gave evidence. Henry Smith, labourer, gave evidence for the defence. Dempsey was committed to take his trial at the next District Court, at Cairns, on 23rd April—bail allowed, self in £80, and two sureties in £40 each.
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Cairns Post, Sat 21 Apr 1888 5
CAIRNS DISTRICT COURT.
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LIST OF CASES.
The ordinary half-yearly sittings of the District Court will be commenced on Monday next before His Honor Judge Noel, who will be accompanied by Mr Daly, Crown Prosecutor. The other legal gentlemen expected to be present are Messrs EA Milford, ED Graham, and JVS Barnett (of Cooktown).
CRIMINAL LIST.
The criminal list comprises the following cases:—
[George] Dempsey, [aka George Adams], charged with assaulting P Paton, landlord of the Sydney Hotel; Mr Graham, solicitor, for defendant.
McGregor, charged with attempted rape on Mrs Duplock; Mr Milford for the prisoner.
TJ Foote, charged with passing a valueless cheque; Mr Milford for prisoner.
George Baxter, stealing a watch at Kamerunga.
The only other case is that of Wilson, charged with assaulting an old man who was at the time of the assault residing in the Temperance Boarding House.
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Cairns Post, Wed 25 Apr 1888 6
CAIRNS DISTRICT COURT.
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THE HALF-YEARLY SITTINGS.
(Before his Honor Judge Noel.)
MONDAY, APRIL 23.
The ordinary half-yearly sittings of the District Court began at 10 o’clock in the morning. The criminal list was first taken, Mr Daly prosecuting on behalf of the Crown.
CRIMINAL LIST.
AGGRAVATED ASSAULT
Wm Dempsey, charged with inflicting grievous bodily harm on RP Paton, hotel-keeper. Lately of Cairns, but now of Stoney Creek, pleaded not guilty, and was defended by Mr ED Graham.
The following jury was empanelled:—FL Morris, C Levgreen, JJ O’Leary, GE Moody, WW Mason, GE Martin, L Unbehann, W Patterson, F Gates, R Bulcock (senior), John Carr, and L Kopp.
Evidence was given by Paton, who capitulated the particulars of the assault, which took place between 11 and 12 o’clock on the night of 17th January, prisoner striking him on the left temple with a bottle, fracturing the frontal bone of the skull, and leaving him senseless on the verandah.
Further evidence was given by Dr Brown, who had attended Paton for some time after the assault; and by Wm Doolan, the arresting constable.
For the defence Mr Graham attempted to establish an alibi, calling as witnesses Robt Silva and Alf Outridge, who were in the prisoner’s company on that night, and left him a few minutes prior to the assault. The defence, however, failed to establish an alibi, hit Honor remarked that these witnesses for the defence were rather proving the fact that the prisoner was on Paton’s premises at the time.
John O’Neill, yardsman, was called by Mr Graham, who, however, merely asked him if he had seen any broken glass about Paton’s backyard.
His Honor remarked that he presumed it was not customary with the yardsman to make a note every time he found broken glass about a public-house.
His Honor having summed up, the jury retired for ten minutes, returning with a verdict of guilty, to which was attached a rider—“with a certain amount of provocation.”
His Honor inquired if this was meant as a recommendation to mercy, upon which the foreman replied—“to a certain extent.”
The prisoner was sentenced to fourteen months imprisonment in Brisbane gaol.
George Adams and Joseph Middleton, 1891
Evening News, Wed 6 May 1891 7
SERIOUS CHARGE.
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George Adams and Joseph Middleton, a coloured man, appeared on remand before Mr G O’Malley Clarke, SM, at the Central Police Court, charged with having committed an unnatural offence in Hyde Park on the night of the 1st instant. The evidence was unfit for publication. They were committed for trial at the Quarter Sessions, bail being refused.
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The Sydney Morning Herald, Thu 7 May 1891 8
POLICE.
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Mr G O’Malley Clarke, SM, presided at the Central Police Court yesterday.
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George Adams and Joseph Middleton were committed to take their trial at the Quarter Sessions on a charge of having committed an unnatural offence.
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The Sydney Morning Herald, Wed 3 Jun 1891 9
METROPOLITAN QUARTER SESSIONS.
TUESDAY.
(Before his Honor Judge Docker.)
Mr WL Merewether prosecuted for the Crown.
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CASES FOR TO-DAY.
The following cases are set down for hearing to-day:—William Davis, attempting to steal; Christopher George Penhall, assault; William Chandler and Alfred Cardwell, Larceny; George Adams and Joseph Middleton, unnatural offence.
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The Daily Telegraph, Thu 4 Jun 1891 10
QUARTER SESSIONS.
WEDNESDAY, JUNE 3.
(Before Judge Docker.)
Mr WL Merewether prosecuted on behalf of the Crown.
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ABOMINABLE OFFENCE.
Thomas [aka Joseph] Middleton (colored) and George Adams were charged with having attempted to commit an abominable offence. Mr S Bull appeared to defend Adams. Both men were found guilty, Middleton being sentenced to one year’s hard labor and Adams to five years’ penal servitude—the highest penalty allowed under the Act. The latter had a very black record of former offences against him.
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The Sydney Morning Herald, Thu 4 Jun 1891 11
METROPOLITAN QUARTER SESSIONS.
WEDNESDAY.
(Before his Honor Judge Docker.)
Mr WL Merewether prosecuted for the Crown.
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UNLAWFUL OFFENCE.
Thomas Middleton (a negro) and George Adams were charged with attempting to commit an unlawful offence. Both prisoners were found guilty. Middleton was sentenced to one year’s hard labour, and Adams to five years, the full term provided by law. The latter prisoner had already served two sentences in Queensland, one for horsestealing, and the other for unlawfully wounding.
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Joseph Middleton, Gaol photo sheet 12
![SRNSW: NRS2138, [3/6053], Darlinghurst Gaol photographic description book, 1891, No. 5080, p. 100, R5104.](../../images/trials/1891-Adams-6053-gaol-photo-5080-Joseph-Middleton.jpg "SRNSW: NRS2138, [3/6053], Darlinghurst Gaol photographic description book, 1891, No. 5080, p. 100, R5104.") |
Gaol Photo Sheet - Transcribed Details
No. 5080
Date when Portrait was taken: 7-5-1891
Name: Joseph Middleton
(aka Joseph Middleton Rae)
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Native place: America |
Where and when tried: Sydney Q.S. |
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(No. of previous Portrait ... ) PREVIOUS CONVICTIONS |
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| Where and When | Offence. | Sentence | |||
|
WPO |
3 |
3 |
1891 |
Absent from ship |
2 weeks H.L. |
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George Adams, Gaol photo sheet 13
![SRNSW: NRS2138, [3/6053], Darlinghurst Gaol photographic description book, 1891, No. 5081, p. 101, R5104.](../../images/trials/1891-Adams-6053-gaol-photo-5081-George-Adams.jpg "SRNSW: NRS2138, [3/6053], Darlinghurst Gaol photographic description book, 1891, No. 5081, p. 101, R5104.") |
Gaol Photo Sheet - Transcribed Details
No. 5081
Date when Portrait was taken: 7-5-1891
Name: George Adams
(aka George Dempsey, George Dumphy)
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Native place: BC Victoria |
Where and when tried: Sydney Q.S. |
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(No. of previous Portrait ... ) PREVIOUS CONVICTIONS |
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| Where and When | Offence. | Sentence | |||
|
Roma Q.S Cairns Q.S |
9 23 |
7 4 |
1883 1888 |
Horse Stealing Unlawfully Wounding |
2 years H.L. 14 months H.L. |
1 The Brisbane Courier, Sat 7 Jul 1883, p. 4. Emphasis added.
2 Western Star and Roma Advertiser, (Toowoomba, Qld), Wed 11 Jul 1883, p. 2. Emphasis added. Some right-hand marginal text is illegible.
3 Cairns Post (Qld), Sat 21 Jan 1888, p. 2.
4 Cairns Post (Qld), Sat 28 Jan 1888, p. 2.
5 Cairns Post (Qld), Sat 21 Apr 1888, p. 3. Emphasis added.
6 Cairns Post (Qld), Wed 25 Apr 1888, p. 2. Emphasis added.
7 Evening News, (Sydney, NSW), Wed 6 May 1891, p. 4.
8 The Sydney Morning Herald, Thu 7 May 1891, p. 3.
9 The Sydney Morning Herald, Wed 3 Jun 1891, p. 5. Emphasis added.
10 The Daily Telegraph, Thu 4 Jun 1891, p. 3.
11 The Sydney Morning Herald, Thu 4 Jun 1891, p. 3.
12 SRNSW: NRS2138, [3/6053], Darlinghurst Gaol photographic description book, 1891, No. 5080, p. 100, R5104.
13 SRNSW: NRS2138, [3/6053], Darlinghurst Gaol photographic description book, 1891, No. 5081, p. 101, R5104.