1897, Charles Delaney and Michael Noonan

Below also see: Frank Conroy, 1898

Evening News, Wed 9 Jun 1897 ¹

WAGGA NEWS.
————

…
At the quarter sessions to-day, Judge Forbes presiding, Charles Delaney [aka Frank Conroy] and Michael Noonan were charged in company with forging and uttering a cheque for £5 7s, purporting to be drawn by Patrick Cosgrove, on the Bank of New South Wales, Coolamon branch. Evidence was given the Delaney went to a store at Ganmain, and purchased clothing, receiving £5 in change for a cheque. Noonan pleaded guilty, and Delaney not guilty. The latter said he uttered the cheque not knowing it to be a forgery. He received it from Noonan whilst under the influence of drink. At Noonan’s request he bought the articles and gave him the change. Noonan was sentenced to eighteen months and Delaney to twelve months in Darlinghurst Gaol. This concluded the criminal list. The District Court cases follow.

~ ~ ~ ~ ~

The Wagga Wagga Advertiser, Thu 10 Jun 1897 ²

QUARTER SESSIONS,
————
Tuesday, June 8.
———
(Before Judge Forbes.)
————

Mr AML Innes was Crown Prosecutor..
…

Wednesday, June 9.
————

…

FORGERY AND UTTERING.

Charles Delaney and Michael Noonan, were indicted upon a charge of forging and uttering a cheque for £5 7s, on April 3. The accused Delaney pleaded not guilty, and the accused Noonan admitted the charge. The last named was ordered to be remanded for sentence.

The Crown Prosecutor briefly opened the case to the jury.

James Lynam, storekeeper, Ganmain, gave evidence that he knew the accused Delaney, who called at the store on Saturday, April 3; he called to purchase a pair of trousers, which he bought and paid for by a cheque; in change the witness gave him £5 1s for the cheque, which was drawn for £5 7s; the cheque was a bad one, and in consequence he looked out for the man; on the following day he saw Delaney and Noonan together on the road coming from the direction of Coolamon; witness asked Delaney for the money for the cheque; he replied, “I suppose I have spent it;” he had not the cheque in his possession then; he said, “If you come to Cosgrove’s with me I will make it right;” witness agreed to go with him, but subsequently, before they started, a constable arrived and took Delaney into custody; when the constable came Delaney said, “I am the man you want;” the accused Delaney gave witness an order for the payment of money, which he saw written by the accused.

Patrick Cosgrove, grazier, residing at Edenderry, Ganmain, stated the accused Delaney was in his employment up to April 2; accused left him on account of his mate leaving for work in Melbourne; witness gave him a cheque in payment of his contract, which amounted to £1 11s 3d. It was drawn by witness, and was on the Bank of New South Wales, Coolamon; when the accused received the cheque he stated that it was alright; the cheque (produced), which was for £5 7s, was not drawn by him, as it had not his signature, and was drawn on Junee, where he never had an account; the cheque was a forgery.

To his Honor: The accused was to have returned to his contract after seeing his mate away, and the £1 11s 3d was in part settlement; Delaney had worked for him previously, and was employed in chaff-cutting.

Moses Wright, selector, Ganmain, remembered seeing the accused together at Ganmain; it was on the day in question, and they were coming in the direction of the post-office, Ganmain; witness spoke to them, and also on the following morning when he saw them leaving the hotel; witness said: “It is a pity a man should forge a cheque and throw his liberty away;” Delaney replied that he was stupid with drink and did not know what he was doing.

To the accused: The conversation took place between themselves alone, when he stated that he might have been accused before at Hillston; at the time the accused informed him that he wanted to have a good spree.

John Foster, road contractor, Ganmain, gave evidence that on April 3 the accused obtained a blank cheque from him; gave it to him from his cheque book.

Edwin John Moore, hotelkeeper, residing at Ganmain, deposed that Noonan was a shoemaker, and resided on his (witness’) premises; Delaney was in Noonan’s company on April 3; witness cashed a cheque for Delaney for £1 11s, being one of Mr Cosgrove’s cheques; Noonan and Delaney were intimate, and had numerous drinks.

To the accused: They were all drinking together at the time.

Robert McDonald Chapman, manager of the Australian Joint Stock Bank, Wagga, was called as a witness as to handwriting.

Geoffrey Alexander Codrington, accountant, Bank of New South Wales, Coolamon, recognised the cheque produced as being drawn by Patrick Cosgrove, who had an account at the bank; the handwriting in the body of the cheque and also the document for £5 7s might have been done by the same person; some of the letters, however, were rather unsimilar.

Constable Cameron, stationed at Coolamon, gave evidence as to the arrest of the accused at Mr Lynan’s, and in a conversation he stated that the cheque had been filled in by him. The accused when charged made no reply.

The accused [Charles Delaney] made a statement to the jury in which he asserted that he met the accused Noonan who ran over to him with a piece of paper, which Noonan asked him to take over to Moore’s hotel and get cashed. (The accused Noonan: “That id false.”) The accused, in continuation of his statement, said he was unable to read and write. He went to the constable when he saw him approaching.

His Honor summed up the evidence to the jury, remarking that it was clear from the evidence, that Noonan had filled up the cheque, while the accused Delaney took it over to be cashed. He did not think there was evidence against the accused of having forged the cheque, but that he uttered it at the time.

After a retirement of a quarter-of-a-hour, the jury returned into court with a verdict of guilty against the accused on the second count on uttering the cheque.

The accused Noonan handed up a written statement, which his Honor stated he had read, and found to be along rigmarole.

The accused Noonan called two witnesses as to character. Mr WM Mouritz, manger of Eunonyhareenyha, stated Noonan had been employed as a wool roller for two years, but he knew nothing as to his honesty.

His Honor sentenced the accused Noonan to 18 months’ hard labor in Darlinghurst Gaol. Delaney was sentenced to 12 months’ hard labor in Darlinghurst Gaol.

This concluded the sessions.

Frank Conroy, 1898

Depositions for Frank Conroy 28 Sep 1898 Wagga Wagga trial ³

(a) Town.	LETTER from Bench of Magistrates at ^(a) Cootamundra
	transmitting Depositions
(b) Name in full of accused.	in the case Regina v. ^(b) Frank Conroy
(c) Offence.	^(c) Indecent assault

(d) Town.	Police Office, ^(d) Cootamundra
	26 September1898
	Sir,
	I have the honor, by direction of the Bench of Magistrates,
	to transmit herewith the Depositions, and other documents in the
(e) Name of accused	case of ^(e) Frank Conroy
(f) “His” or “her”	who has been committed to take ^(f) his
(g) “Circuit Court,” or “Quarter Sessions.”	trial at the ^(g) Circuit Court
	to be held at ^(h) Wagga Wagga	on Tuesday
(h) Town where Court to be held.	the 27th day of September 1898
	The accused is ⁽ⁱ⁾ confined in the gaol at Cootamundra

(i) “Is confined in the Gaol at …,” or “has been admitted to bail” (with full particulars as to sureties, addresses, occupations, and amounts, as set out in Recognizance.)
(k) As in Recognizance, both for Crown and defence, specifying also what witnesses gave evidence but were not bound over, with reason for omission.	The Witnesses bound over are ^(k) John Richard O’Leary, Robert Potter, George Rowland and Robert Potter for his son Frank Potter.
(l) Short description to enable identification.	The Exhibits enclosed are ^(l) nil
	I have the honor to be, Sir, Your obedient Servant,


	[Signed] G[lentworth] Addison
	Clerk of Petty Sessions
THE SECRETARY, Crown Prosecutor
ATTORNEY GENERAL’S DEPARTMENT. Wagga Wagga.
N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates
4g 201-90

~ ~ ~ ~ ~

Issued Form.
New South Wales Post and Telegraph
Colonial and Intercolonial Lines.

Telegram from Wagga Station
Addressed to Stephen Murphy, PM.
Re indecent assault case can take case at Wagga Circuit Court.
[Signed] Tom Robin
Address Court House.

~ ~ ~ ~ ~

Previous conviction of Frank Conroy alias Charles Delaney
Where Tried: Wagga QS
Date: 9 June 97
Offence: Uttering
Sentence: 12 months hard labour.

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

Depositions of Witnesses.

TO WIT. }

The examination of John Richard O’Leary of the Police Force in the Colony of New South Wales, Senior Constable, Robert Potter of Young, tinsmith, Frank Potter of Young and George Rowland of Wallendbeen in the said Colony, labourer taken on ---- this 26th day of September in the year of Our Lord one thousand eight hundred and ninety eight at Cootamundra 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 Frank Conroy who is charged this day before me for that he the said Frank Conroy on the 24th day of September 1898 at Wallendbeen in the said Colony, indecently did assault one Frank Potter a male person.

Police Charge, No. 98/224

Court of Petty Sessions, Cootamundra
26 Sep 1898.

Frank Conroy (29)

Attempting to commit an indecent assault upon one Frank Potter a male person on 24 Sep. 1898 at Wallendbeen.

This deponent John Richard O’Leary on his oath, saith as follows:–

I am a Senior Constable of Police and reside at Wallendbeen. I know the accused and have done so since last Friday. I arrested him on Saturday night at Wallendbeen. From something I was told I went in search of the accused. I met him about 12 pm on the railway line about half mile from where the prosecutor was camping. I was

then in plain clothes. I said “Good night,” and “What is your name?” The accused said “My name?” I said “Yes. Your name I wish to know. I am a policeman and I’ve been looking for you.” The accused said “My name is Conroy.” I said “I want you to come with me to Potter’s Camp.” The accused said “Yes, I know Potter. He thought I had money.” I said

“What made you run away?” He replied “That old cove with a stick chased me away.” I then took the accused to Potter’s Camp and found that Potter had left the camp and gone to the hotel to sleep. I took the accused to the hotel and sent round for Potter who came out and in the presence of the accused I said to Potter “Robert Potter do you know

this man?”, at the same time pointing to the accused. Potter replied “Yes, I know him. I will give that man in charge for insulting and assaulting my little boy with intent to commit an offence on him. The accused said “Oh Potter, you thought I had money on me?” I said to accused “Come along with me. I must take you to the lock up.

You’re my prisoner.” He said “Very good, I’ll go with you quietly. You needn’t hand cuff me.” After we’d walked about a hundred yards the accused said “I was going to the Police Station to give myself up.” I said “For what?” He replied “For this charge that I’m accused of now. I knew well that old Potter would go for me.” I then took him to the lock up

and charged him with assaulting attempting to commit an indecent assault on one Frank Potter, boy aged 6, on 24th instant. I brought him on to Cootamundra this morning. He replied to the charge “I went to take off the little fellow’s clothes to put him to bed. When I met him he was walking towards the camp. He’d left where his swag was; he’s since claimed the swag.”

By Mr Macmahon: I saw the accused at Berthon wool shed on Friday last. Never before to my knowledge. I received information at 10 o’clock, two hours after I arrested the accused. I told him I was a policeman before he gave me any information about old Potter or coming to give himself up. He hadn’t his swag or anything with him when I arrested him. When we got to Potter’s camp none

of Potter’s things were there. I’d removed accused’s things before I met him. The accused answered me readily when I told the accused I was a policeman he gave me his name at once.

By Bench: It’s three quarter miles from the camp to the lock up, where I met him is further away from the lock up.

By Mr Macmahon: When I met the accused I may have said “Where

have you been?” I may have said “Where are you going.” I think the accused said “I want to see the Police too, when I told him I was looking for him. Potter is a stranger to me.

[Signed] JR O’Leary.

Taken and sworn at Cootamundra, this 26th day of September 1898, before.
[Signed] Stephen Murphy, PM.

This deponent Robert Potter on his oath, saith as follows:–

I am a tinsmith and reside at Young. I am at present travelling at my trade. I camped on Saturday night last at Wallendbeen. I came there on Thursday morning, I was just a short distance from the hotel. I know the accused. He came to my camp a little after dark. He asked me if I recognised him after saying

good night I said “I can’t call you to mind.” He said to me “Will you go over to the hotel and a [sic] get a quart of beer.” I said “Yes,” and went over to the hotel and got the beer and the accused back a 1/- change. There was another man at the camp. We drank some of the beer. While doing so the accused said to me “Do you know any girls

about here?” I said “No, I don’t know any.” The accused said “Do you know any boys about?” I asked him then what he was talking about. He said “I want to go with them.” I said “Shut your mouth, what are you talking about? Do you want to make a fool of yourself?” After the beer was drunk he asked the other man to go for more

beer.” He said he would; after he started for the beer, the accused said to me, “Go on and see what he’s doing.” He asked me to go two or three different times. I started a bit of the way and turned round to the camp. The little boy was sleeping and the accused was sitting down outside. Previous to going the boy was asleep surrounded by bushes for shelter.

I went about 8 or 10 yards to and hurried to watch after what the accused was talking about. The accused was turned on his left side facing the boy and pulling the clothes, the blankets, off. I shifted round to make a surety to see a little clearer; the accused was pulling the boy who commenced to cry. The accused had the boy’s trousers undone and his braces off. The boy’s

lower extremities were exposed. The boy was lying on his side. I ran round and picked up a green stick. I said “You thundering scoundrel. What are you trying to do to my child?”, and hit him with the stick. He rushed at me. I stumbled over the fire and the accused got away round the tent. I sang out to all hands to come over. I afterwards

gave information to the Police. The accused was talking to the boy, but couldn’t hear what he said. The accused seemed to have one hand down at his person and the other pulling at the boy. It was moonlit. I didn’t notice anything about accused’s clothing.

By Mr Macmahon: I don’t think we were hundred yards from the hotel. There’s a road between the hotel and our camp and that

road is 30 yards from the camp. There are a good many people passing on the road at times. There were people about at the time. I could see the people at the hotel when the accused rushed at me. The other man came back at the time the accused rushed at me. The other man was only 15 yards away from the camp when I started. He was walking

at an ordinary pace. When I turned back he was 20 yards away. I should say the accused was tampering with the boy for about 15 minutes. I can’t say to a few minutes. The man came back with the beer when the crowd all came. The accused was then in sight and they saw him running away. I suppose there were ten

or twelve people that came. No-one went after the accused. I told the crowd what took place and took the clothes down of the child to show them how his clothes were open. The boy had pulled the clothes up again to keep the cold out. I saw him pull them up. The other man is named Gordon who lives at Wallendbeen but works at Gibb’s. The man that was camped there

is here now. The I hardly think the other man could have heard the conversation about the girls and boys. He must have been 20 or 30 yards away. The accused forced me away. I went away to see what he was going to do. I didn’t go away and come back with the intention of rigging up a charge against the accused. I was only a yard from accused’s head when

he was committing the offence. There were some stumps between us. The accused was down on his elbow. I didn’t say anything to the accused about money after that. I had 2/- or 3/- at that time. I stayed in an empty house at Cootamundra. I’ve been convicted a time or two,. I was convicted in Young of stabbing a man in a brothel. This is not a put-up job to blackmail the accused.

By Bench: I saw some money on the accused. I only saw the money he gave to get the beer, four shillings.

[Signed] Robert (his X mark) Potter.

Taken and sworn at Cootamundra, this 26th day of September 1898, before.
[Signed] Stephen Murphy, PM.

Frank Potter⁴ saith as follows:– I am son of the witness Robert Potter. I’m not quite six yet. I think I saw accused before. Don’t know where, I was lying down at night in the bush camp. I went to sleep. I didn’t sleep all night. Nothing woke me up, I woke myself. Somebody came, I didn’t speak to him much. I was calling the

dog. A man touched me. He pulled the clothes off me and undid my pants. The pants I have now are not the ones. The other open up the front. ⁵ Too I had a blanket over me. He chucked it down off me. He did nothing else only that he then went away. I felt his hand undoing my pants, nothing else than that. I was lying down, he was too. He

was over my face. I don’t know who that man was. He had an overcoat on, a black one. He hadn’t a straw hat on. I haven’t seen him since. I haven’t seen him since ⁶ today. I don’t think it was the accused that did it. There was a fire not far. A big fire. He didn’t hurt me much, only undid my pants. I cried because he undid my pants.

He didn’t say anything when he did was undoing my pants. When I got up he wanted me to go to him and I wouldn’t. Father hit the man with a green stick. Father said something to him which I forget. Father hit him twice, one in the back and one in the rump. He ran away and a big (smoke ?) came and the man ran away over the railway.

I saw some beer there. The man gave my father some money to get some. That was the same man that undid my trousers. I saw them drunk the beer, my father and the man with the overcoat. After that another man went for beer, my father didn’t go. Father was at back of the bushes when he came and hit

the man. I don’t know what the man said.

By Mr Macmahon: When the man was undoing my pants father was at the back of the bushes, quite close, only a few feet away. I was lying on my side, my face towards my father. The man was leaning over me. One hand was undoing my pants and I don’t know where the other was. I had a coat on and

socks, no boots. He undid my trousers everywhere, it didn’t take him long. I cried and father hit him with the stick. Father brought me here today. Outside father said “Do you know the man?” I said, “I don’t think.” Father didn’t tell me to say what the man did. I think father had some money, I think 2/-.

By Bench: Father worked that day. I think he

got 2/- for it. He did a bucket and other things. I saw the accused and another man at my tent one night, the night I’m telling about. I don’t think he’s the man that undid my trousers. I don’t think the other man had an overcoat.

[Signed] Frank (his X mark) Potter.

Taken and sworn at Cootamundra, this 26th day of September 1898, before me.
[Signed] Stephen Murphy, PM.

This deponent John Richard O’Leary recalled on his oath, saith as follows:– At the time I arrested the accused he was dressed as at present. The following morning I made inquiries and a top coat was given to me by a person and I showed it to the accused who claimed it as his and said “I lost it last night.” He had also a soft brown hat. I told him where

it was found. I said “How did you drop it?” He said “I dropped it when I was running away.”

By Mr Macmahon: I didn’t say to the accused I found an overcoat and he may have said “Oh, that’s worth picking up.” He said “There’s tobacco, matches and knife ⁷ in it.” I looked in the pockets and they were there as described.

[Signed] JR O’Leary.

Taken and sworn at Cootamundra, this 26th day of September 1898, before me.
[Signed] Stephen Murphy, PM.

This deponent George Rowland on his oath, saith as follows:–

I am a labourer and travel. On Saturday night last I was camped at Wallendbeen about a hundred yards from the hotel. Potter and his son were there in a break-wind. The accused and another came after tea. After they were talking a bit at the fire I got up and came outside and talked with

them. We went over to the hotel, the three of us, and had a drink. The accused gave me 2/- and said “Shout.” He was a bit on at the time. We came over to the camp and talked a bit. A while after he gave me 2/- to get some more beer. I went and left Potter and his boy and the accused in the camp. As I was going away I heard

the accused say to Potter “Go on and see what he’s doing it on.” I went over and got a quart of beer and then I came back. The accused was gone then. When he came to the camp he had a black macintosh on. There were a few people in front of my tent and Potter was very excited. Potter showed me the boy’s pants undone.

I could see the boy in bed, I couldn’t say whether he was asleep or not. He wasn’t asleep an hour before I went for the beer. I’ve a faint recollection that Potter went for some beer before I did. I’m not certain. When I was going to the hotel I heard no-one behind me. I never heard the accused say anything about girls or women while I was there.

By Mr Macmahon: The accused and the other had some conversation with me. Gordon was the other. He had dark clothes on. I don’t think he had an overcoat. I don’t think I was more than five minutes away getting the beer. The crowd was there when I came back, under a dozen.

[Signed] George Rowland.

Taken and sworn at Cootamundra, this 26th day of September 1898, before me.
[Signed] Stephen Murphy, PM.

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

Statement of the Accused.

New South Wales,
TO WIT. }

Whereas Frank Conroy stand charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 26th day of September in the year of Our Lord one thousand eight hundred and ninety eight for that he, the said Frank Conroy on the 24th day of September 1898 at Wallendbeen, in the said Colony, did indecently did assault one Frank Potter a male person and the examinations of all the witnesses on the part of the prosecution having been completed, and the depositions taken against the accused having been 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 Frank Conroy, and the witnesses for the prosecution John Richard O’Leary, Robert Potter, Frank Potter and George Rowland being severally examined in his presence, the said Frank Conroy 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 Frank Conroy saith as follows:– “I have nothing to say.”
Taken before me, at Cootamundra, in the said Colony, the day and year first above mentioned.
[Signed] Stephen Murphy, PM.

G. 190.

REGINA.
versus
Frank Conroy

Offence,— Attempt to commit indecent assault

The accused stands committed to take his trial at the next Court of Circuit Gaol Delivery to be holden at Wagga Wagga, on the 27th day of September1898 . Bail allowed the accused in £50 and two sureties in £30 25 each, or one in £50

[Signed] Stephen Murphy, PM

JP.

Dated at the Police
Office, Cootamundra
this 26th
day of September
AD 1898
4g 416 - 88

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

Recognizance to give Evidence.

New South Wales,
TO WIT. }

Be it remembered, that on the 26th day of September in the year of Our Lord one thousand eight hundred and ninety eight John Richard O’Leary a Senior Constable of the Police Force, Robert Potter of Young in the Colony of New South Wales, tinsmith and George Rowland of Wallendbeen in the said Colony, labourer 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 above mentioned, at Cootamundra in the said Colony, before me.
[Signed] Stephen Murphy, PM.

The condition of the within written Recognizance is such, that whereas Frank Conroy was this day charged before the undersigned esquire one of Her Majesty’s Justices of the Peace for the said Colony, with indecent assault.

If therefore, they the before mentioned persons shall appear at the next Circuit Court of Gaol Delivery to be holden at Wagga Wagga in and for the Colony of New South Wales, on the twenty seventh day of September 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 Frank Conroy for the offence aforesaid, to the jurors who shall pass upon the trial of the said Frank Conroy.

Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] Stephen Murphy, PM.

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

Recognizance to give Evidence.

New South Wales,
TO WIT. }

Be it remembered, that on the 26th day of September in the year of Our Lord one thousand eight hundred and ninety eight Robert Potter of Young in the said Colony, tinsmith personally came before the undersigned, one of Her Majesty’s Justices of the Peace for the Colony of New South Wales, and acknowledged himself to owe Our Sovereign Lady the Queen the sum of

FORTY POUNDS EACH, [sic]

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 Frank Potter shall fail in the condition indorsed.

Taken and acknowledged, the day and year first above mentioned, at Cootamundra in the said Colony, before me.
[Signed] Stephen Murphy, PM.

The condition of the within written Recognizance is such, that whereas Frank Conroy was this day charged before the undersigned, esquire one of Her Majesty’s Justices of the Peace for the said Colony, with indecent assault.

If therefore Frank Potter shall appear at the next Circuit Court of Gaol Delivery to be holden at Wagga Wagga in and for the Colony of New South Wales, on the 27th day of September 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 Frank Conroy for the offence aforesaid, to the jurors who shall pass upon the trial of the said Frank Conroy.

Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] Stephen Murphy, PM.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Circuit Court
Wagga Wagga
27 September 1898
AG’s No.
Depositions
CS’s No. 7
Regina
v.
Frank Conroy
Indecent assault on a male person
Committed at: Cootamundra
on: 26th September 1898

~ ~ ~ ~ ~

Cor Darley CJ
Plea Not Guilty
Verdict Guilty
Sentence 3 years penal servitude
[Signed] Tom Robin
29.9.98

~ ~ ~ ~ ~

At Wallendbeen 24th Sept. Indecent assault on male person
[Signed] Tom Robin
Wagga Wagga
27.9.98

~ ~ ~ ~ ~

Justice FM Darley’s notebook ⁸

[Wagga Wagga, Wednesday, 28th September 1898]

The Queen v Frank Conroy – Did on 24th September 1898 at Wallendbeen indecently assault Frank Potter a male person. (Sec. 60, 5 years penal servitude)

Plea not guilty.

Crown Prosecutor opens case. – Frank Potter is a little boy – 6 years of age, camped with his father a travelling Tin Smith.

Robert Potter examined Crown Prosecutor. I am a Tinman by trade. I live at Young. I travel. On Saturday last I was at Wallendbeen on a piece of open ground & a few bushes. I made a little bush (break ?). ⁹ I had a little boy with me, my son Frank Potter. He is not quite 6 years old.

I know prisoner. He came over to where I was camped after dark. When he came over he asked me if I knew him. I did not just at the time. He said don’t you know me. He asked me would I go for a quart of beer over to the public house. I said yes. He gave me 2/-. I got a quart of beer & handed him 1/- change. We drank the beer, he & I & the other man. I began to recognize him then. Young Gordon came over with him to the fire. He asked me if I knew of any girl about there. I said I did not. He then asked me if I knew of my boy. I asked him what did he mean, did he want to make a fool of himself & what was he talking about.

He then asked the other man would he go for a quart of beer & the other man said yes. The other man started for the quart of beer. He said go on & see what he is doing it on. So I started to go after the other man. A thought struck me & I returned to the back of the bushes. I saw him pull the boy about. I then shifted round to the head of the boy. The little boy slept covered up warm so that he would get no cold. The prisoner was lying on his side. He had taken the blanket right off & he had the child’s clothes all unbuttoned. The little fellow commenced to cry. I rushed round. I picked up a piece of a stick & I said you (murdering ?) (scoundrel ?)

what are you doing to my child & I hit him twice. He then jumped up & he rushed at me & then made away. I sang out to the people of the public house to come over. I did not see his clothes but my child’s clothes were all taken down & a little of his exterior exposed. He was lying down on his side over the boy. It was a moonlight night & there was a fire. The hotel was 100 yards away. He was feeling about down about the boy’s lower part. When he cleared out I went & gave information to the Police. When I next saw him he was in custody about 10 o’clock same night. He had some drink in him.

Richard O’Leary examined Crown Prosecutor. I am a Senior Constable of Police at Wallendbeen. I heard something from Potter & went in search of the prisoner. I met him about half a mile from where he had been camped where he at Potter’s camp. This was about 12 o’clock at night. He was on the railway line coming in towards Wallendbeen again. I said good night. He said good night. I said what is your name. He replied my name. I said yes. I was in plain clothes. I said I am a policeman & I wish to know your name. He said my name is Conway. He said I am looking for the Police too. I said come with me

I want to take you to Potter’s camp. He said oh yes I know Potter, he thought I had money. I took him to the camp fire & found that Potter had left camp again to the hotel. I took him to hotel & sent for Potter. Potter came round & I said do you know this man. He said yes, I give that man in charge for insulting & attempting to assault my little boy tonight with intent to commit a felony. The prisoner said Ah Potter you thought I had money. I then said I will have to (arrest ?) you now and take you to the lock up. I said to the prisoner what did you run away for. He replied I was frightened by the old cove with the stick.

In taking prisoner to the lock up he said I was going to the Police Station. I said what for. He replied I was going to give myself up to the Police. I said for what. He said for this charge that is given against me now. He said I knew old Potter would go to the Police. I then took him to the lock up & charged him with attempting to commit an indecent assault upon little Potter. He said He I was going to take off his clothes to put him to bed. I had seen him over at Bethungra Woolshed. He left his swag at Potter’s (farm ?). When I arrested him he appeared sober but dazed as if asleep. It was 2 hours after I got information that I arrested him.

George Rowland examined Crown Prosecutor. I am a labourer. I was at Potter’s camp. He was behind my tent. I saw prisoner last Saturday. He & another man came up. I was lying down when he came up with the other man. Potter was away getting wood. Little boy was in the break wind. I came out & was talking. The prisoner was not sober he was a bit (on ?). I don’t know what became of other man. The three of us came back. I then went back for some beer. As I was coming away from camp I heard prisoner say to Potter go on & see what he is doing it on. I went over to the pub & got the beer & came back. Potter was very excited.

Prisoner not there. Potter took me round to the break wind & showed me the little lad’s dress all undone.

Case for the Crown closed.

Frank Conroy examined. I’m the accused. I came to Wallendbeen to see a friend of mine at Bethungra. I returned to Wallendbeen to Bethungra on Saturday. I went to the hotel & I saw Mrs (Eames ?). She said pointing to Potter’s child that is a young traveller. ¹⁰ I said in the name of goodness whose child is that travelling & she said that is old Bob Potter’s. I said I know him. I said I will take a walk down & see him after I have some tea, & after I had some tea me & another man went down & I spoke

to Potter. He recognized me & shook hands with me & he asked me where I had been working. I said I had been butchering on Bethungra. After we had a talk for a while I asked him to come up & have a drink. He said yes & we had drink, he, me & another man, not last witness. I asked Potter what have you done with the girl you used to have with you at one time, meaning a girl he used to live with in Young. He said he did not have her now, she had left him. I said I suppose you keep the boy now to make a living for you, meaning to go up to the house to ask for food and the like of that. He said Don’t be making a damned fool of yourself. After a while I gave

Potter a 2/- piece to go up and get a quart of beer & he brought it back. We drank the beer. I then gave the other man a 2/- piece & asked the last witness to go & bring down some beer & he went. I said to Potter go on & see what he is doing it on. My meaning was that I did not want the other man to stop there & drink the money. Potter went. The child was lying in bed & he was not quite covered up though partly. I said his father must have forgot to undress him. I said I will go & undress him & make my bed down in the break wind alongside them. So I went & I started to undress the child. The child was (?) & wearing a sort of a (?). I started to undress him. He started crying.

Then his father came rushing round – he hit me with a stick. He said you bloody wretch do you mean to commit an unnatural offence on my child. I said nothing. I started and went away. I knew there was no use in my starting to row with the man. I thought it was the best thing I could do was to go away quickly & go to Police Station & state the case to the Policeman & give myself up. As I was going I went towards the station. I had never been there before. I did not find it. I went away a bit out of my road. I lay down being a bit drunk & had a sleep. When I woke up again I started back again to come back toward the hotel. I knew that was the likeliest place

place about the hotel. On my way back I (?) him. I heard his evidence & it is correct.

Cross-examined (Robins ?). I was afraid that I would be stabbed as I knew that Potter had stabbed a man in a brothel in Young.

I sum up.

Jury retires at 6.49
“ returns at 7.17 and find that the prisoner is guilty.

Wagga Quarter Sessions 9th June ’97 under name of Charles Delaney, uttering. 12 months hard labour.
Wednesday 29th September 1898
Sentence 3 years penal servitude.

~ ~ ~ ~ ~

The Wagga Wagga Advertiser, Thu 29 Sep 1898 ¹¹

WAGGA CIRCUIT COURT.
————
Tuesday, September 27th.
————
(Before the Chief Justice, Sir FM Darley.)
————

His Honor opened the Court at 10 o’clock.
Mr G Martin, PM., occupied a seat on the bench as Deputy Sheriff, and Mr Henry Darley acted as Judge’s Associate.
Mr T Rolin, with Mr AE Withers, of the Crown’s Solicitor’s Office, prosecuted for the Crown.
…

Wednesday, September 28.

…

A SERIOUS CHARGE.

Frank Conroy was charged with assaulting a little boy, 6 years of age, named Potter, at Wallendbeen, on Saturday last.
The prisoner, who was undefended, pleaded not guilty.
The jury, after hearing the evidence, found the prisoner guilty, and he was remanded for sentence.
The Court then adjourned until 10 o’clock this (Thursday) morning.

~ ~ ~ ~ ~

Wagga Wagga Express, Thu 29 Sep 1898 ¹²

AT THE CIRCUIT
COURT.
———◦———
CHARGED WITH
ASSAULT.
————
ALLEGED MALICIOUS
INTENTION.
————
INTERESTING EVIDENCE.
————
CLARKE FOUND GUILTY OF
MALICIOUSLY WOUNDING.
————

…

AN ASSAULT CASE.
————

A young man named Frank Conroy pleaded not guilty to having committed an assault on a little boy named Potter at Wallendbeen on September 24th. Prisoner was undefended.

After hearing the evidence the jury found the accused guilty, and was remanded for sentence.

~ ~ ~ ~ ~

The Sydney Morning Herald, Fri 30 Set 1898 ¹³

CIRCUIT COURTS.
———◦———

Wagga, Thursday.

At the Circuit Court John Henry Eastcott, 17 years of age, was charged with having abducted Lillian Nelson, aged 16 years. The Chief Justice directed the jury that the consent of the girl was immaterial, but the jury after a retirement of an hour and a quarter found the accused not guilty on the ground that the girl was not under proper control. In discharging the accused the Chief Justice warned him to be careful, as no consent of the girl, whether she was under control or not, could exempt a man from punishment for doing as accused had done. George Tang, a Chinaman, charged with stealing money, the property of a co-partnership with Loo You, was acquitted. Alfred Clarke was convicted of maliciously wounding David Dale, and was sentenced to three years’ penal servitude. Frank Conroy was convicted of assault on a boy, and was sentenced to three years; penal servitude.

~ ~ ~ ~ ~

The Wagga Wagga Advertiser, Sat 1 Oct 1898 ¹⁴

WAGGA CIRCUIT COURT.
————
Thursday, September 29th.
————
(Before the Chief Justice, Sir FM Darley.)
————

Mr G Martin, PM., occupied a seat on the bench as Deputy Sheriff, and Mr Henry Darley acted as Judge’s Associate.

Mr T Rolin, with Mr AE Withers, of the Crown’s Solicitor’s Office, prosecuted for the Crown.
…

THE WALLENDBEEN – CASE SENTENCES.

Frank Conroy, convicted of an assault on a boy at Wallendbeen, was brought up for sentence.

The accused, when asked if he had anything to say why sentence should not be passed upon him, said it was all caused by his not being able to read or write. He had been sentenced to twelve months for uttering a cheque on June 9 last year.
His Honor pointed out the seriousness of the offence and said the accused was liable to five years’ penal servitude and three floggings. He did not, however, intend to order a flogging in this case. The sentence was three years’ penal servitude.

The prisoner: Will you send me to some gaol where I can get a little schooling?

His Honor: I cannot direct in what gaol a prisoner is sentenced to penal servitude shall be kept. It will probably be Bathurst or Goulburn.

The prisoner: May I petition.

His Honor: No.

~ ~ ~ ~ ~

Wagga Wagga Express, Sat 1 Oct 1898 ¹⁵

THE ASSAULT CASE.
————
3 YEARS PENAL SERVITUDE.
————

Frank Conroy, found guilty of an assault on a little boy at Wallendbeen on Saturday last, was also put forward for sentence.

The Chief Justice said prisoner had been found guilty of a very serious offence indeed. In addition to punishment he was liable to be flogged. He had very carefully considered whether it was not his duty to order him a flogging. Under all circumstances, however, he (the Chief Justice) did not intend to do that. Prisoner had already served a sentence of 12 months, but that did not appear to be a sufficient warning to him. In this instance the sentence of the Court on him was 3 years penal servitude.

Prisoner: Will you allow me to petition, your Honor.

The Chief Justice: Certainly not. I have considered very carefully whether, in addition to 3 years, I should not order you to be flogged.

The Criminal Court was then declared closed, and was adjourned “sine die.”

~ ~ ~ ~ ~

Frank Conroy, Gaol photo sheet ¹⁶

SRNSW: NRS2397, [3/6010], Parramatta photographic description book, 1880-1930, No. 618, p. 33, R5137.

Gaol Photo Sheet - Transcribed Details

No. 618
Parramatta

Date when Portrait was taken: 15-12-1898

Name: Frank Conroy
(aka Chas Delaney)

Native place: Ireland

Year of birth: 1866

Arrived Ship: Gulf of St Vincent
in Colony } Year: 1887

Trade or occupation
previous to conviction } Laborer

Religion: R, C.

Education, degree of: R&W

Height: 5' 7½"

Weight On committal: 144
in lbs } On discharge:

Colour of hair: Dark Brown

Colour of eyes: Grey

Marks or special features: Scars on left side of head & bridge of nose.

(No. of previous Portrait .. 7-2-98)

CONVICTIONS

Where and When

Offence.

Sentence

Wagga Q.S

Wagga CC

1897

1898

Uttering

Indecent assault on a male person

12 months HL - Young Gaol

3 years P.S.

Was photographed on 7/2/98 at Young

¹ Evening News, (Sydney, NSW), Wed 9 Jun 1897, p. 5.

² The Wagga Wagga Advertiser, Thu 10 Jun 1897, p. 2. Emphasis added.

³ SRNSW: NRS880, [9/6970], Supreme Court, Papers and depositions, Wagga Wagga, 1898, No. 7. Emphasis added.

⁴ Mn: H.S.F

⁵ Mn: H.S.F

⁶ Mn: H.S.F

⁷ Mn: H.S.F

⁸ SRNSW: NRS5829, [2/2970] , Judiciary, FM Darley, CJ. Notebooks Circuit Courts, 1888-1908, pp. 30-42. Emphasis added.

⁹ Almost certainly means a wind break or shelter, referred to throughout as a break wind.

¹⁰ A common term for gypsies – further evidenced by the fact that Potter was a Tin Smith, a trade usually associated with gypsies.

¹¹ The Wagga Wagga Advertiser, Thu 29 Sep 1898, p. 3.

¹² Wagga Wagga Express, Thu 29 Sep 1898, p. 2.

¹³ The Sydney Morning Herald, Fri 30 Sep 1898, p. 5. Emphasis added.

¹⁴ The Wagga Wagga Advertiser, Sat 1 Oct 1898, p. 6. Emphasis added.

¹⁵ Wagga Wagga Express, Sat 1 Oct 1898, p. 3. Emphasis added.

¹⁶ SRNSW: NRS2397, [3/6010], Parramatta photographic description book, 1880-1930, No. 618, p. 33, R5137.

Indecent Assault