The Illawarra Mercury, Tue 14 Apr 1896 ¹

[WOLLONGONG] QUARTER SESSIONS.
Saturday, April 11.
(Before his Honor Judge Fitzhardinge.)

INDECENT ASSAULT.

    James Carter was charged with having indecently assaulted a boy named Harold Dingle.

    Accused, who was undefended, pleaded not guilty.

    Jury: William Hunt, Francis Cheney, John Porter, Laurence Darcey, William Hore, Anthony Cram, James Orphin, Robert G Walker, Carl Petersen, George McPhail, George J Gray, William Sutton.

    Harold Dingle, 11 years of age, deposed that on the night of the 31st December he was sleeping on a shake-down on the floor in the house of Christopher Askew, at Fairy Meadow. During the night he was disturbed by accused, who had got into bed with him, and assaulted him in a manner described; he called out to Askew, who put accused outside.

    Christopher Askew deposed that he was disturbed on two different occasions during the night; on the second occasion the boy Dingle said there was a man in his bed; he told the boy to jump up; witness also got up, and found accused in the boy’s bed; he ordered him out of the house, and afterwards gave him into custody.

    Constable Williams deposed that he found accused in an outhouse on Askew’s premises. And Askew gave him in custody for being illegally on the premises; he subsequently charged him with having indecently assaulted Harold Dingle, and he replied that he knew nothing about it.

    Accused [James Carter] deposed that on the night in question he went to Askew’s house in search of an axe he had lent; he saw Askew, who asked him if he was sleepy, and he replied that he was; Askew then told him he could sleep in the bed on the floor with the boy.

    Christopher Askew, recalled, denied having given permission to accused to sleep in the room.

    His Honor summed up, and the jury retired at 10 o’clock. They returned into court at 3 o’clock with a verdict of guilty, with a recommendation to mercy on account of accused’s limited mental capacity.

    Remanded for sentence.
…

Monday, April 13.

…

SENTENCES.

…
    James Carter, found guilty, of indecent assault upon a boy, had nothing to say why sentence should not be passed upon him.

    In reply to His Honor, Senior-sergeant [Peter] Grieve said he had known prisoner for fourteen years; he was a very quiet and inoffensive young man when sober, but when under the influence of drink he lost all control over himself.

    Senior-warden Clinton produced a list of convictions against prisoner, chiefly for drunkenness.

    Prisoner was sentenced to nine months’ imprisonment with hard labor in Wollongong gaol, at the expiration of which he is to find sureties to be of good behavior for two years, failing which to be imprisoned for an additional three months.

    The court rose at half-past 5pm until 9.15 to-day, there being one case for trial, viz., John Bell, for inflicting grievous bodily harm.

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The Sydney Morning Herald, Tue 14 Apr 1896 ²

COUNTRY NEWS.
———◦———
(From Our Correspondents.)
——
DELAY OF THE WESTERN TRAIN.
——
Failure of the Electric Staff
Wires.
——

Springwood, Monday.

    The through train from Orange to Sydney, crowded with passengers, was delayed here for two hours this afternoon, owing to the failure of the electric staff wires, which were crossed between here and Glenbrook.
…

THE QUARTER SESSIONS.
——

Wollongong, Monday.

    The court of Quarter Sessions entered its fourth day to-day, and will probably be concluded to-morrow, one case remaining to be dealt with. James Carter, charged with indecent assault, was found guilty and sentenced to nine months’ imprisonment, at the end of which time to find sureties for good behaviour for two years, otherwise to serve a further term of three months.

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James Carter, Gaol photo sheet ³

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Gaol Photo Sheet - Transcribed Details

No. 6695

Date when Portrait was taken: 28-7-1896

Name: James Carter

Native place: BC Wollongong Year of birth: 1863 Arrived       Ship: – in Colony }   Year: – Trade or occupation previous to conviction  } Laborer Religion: Presbyterian Education, degree of: R & W Height: 5' 5¼" Weight     On committal: 136 in lbs     }On discharge: Colour of hair: Brown Colour of eyes: Grey

Marks or special features: Boil scar above left wrist. Three small indented scars outside left wrist.

(No. of previous Portrait ... )  PREVIOUS CONVICTIONS
Where and When				Offence.	Sentence
Wollongong Q.S Wollongong P.O Wollongong P.O ditto Bulli P.O Wollongong P.O Wollongong P.O Wollongong Q.S	12   5 13 13 19 26   4 11	9 10 10 10 10 11 12   4	1888 1888 1888 1888 1894 1894 1895 1896	Riotous Drunk & obscene language Vagrancy Not pay for liquor Drunk & obscene language Drunk & disorderly Expose person Indecent assault on a male person	14 days C 48 hours x 3 days C[ell] Cumulative 1 month HL 2 months HL  |  Cumulative 24 hours X 7 days. Cumulative 48 hours C 7 days HL 9 months HL and is to find sureties self in £40 and £20 each to be of good behavior for 2 years in default a further imprisonment of 3 months HL

 

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¹     The Illawarra Mercury, Tue 14 Apr 1896, p. 2. Emphasis added.