1898, John Sneavers

Below also see: John Perkins, 1898

Evening News, Wed 9 Feb 1898 ¹

BREVITIES.
———◦———

…
At the Mittagong Police Court yesterday, before Mr Cresswell, PM, a man named John Snivers, a coachman by occupation, was committed for trial to Goulburn Quarter Sessions, on a shocking charge.

~ ~ ~ ~ ~

The Sydney Morning Herald, Wed 9 Feb 1898 ²

COUNTRY NEWS.
———◦———

…

Mittagong, Tuesday.

At the police court to-day, before Mr WF Caswell, PM, John Snivers was charged with committing an assault on John Perkins, [see John Perkins, 1898 below], a State school boy. Accused was committed to the Goulburn Circuit Court.

~ ~ ~ ~ ~

The Scrutineer and Berrima District Press, Sat 12 Feb 1898 ³

LOCAL AND DISTRICT.
———◦———

…

MITTAGONG.

At the Mittagong Police Court on Tuesday last, John Sievers [sic], a coachman, was committed for trial for an unnatural offence at the Goulburn Circuit Court to be held on 14th April next. The case was heard with closed doors and Mr Elliott appeared for the accused. Mr Elliott has now been retained to personally defend the accused at the higher court.

~ ~ ~ ~ ~

Goulburn Evening Penny Post, Sat 9 Apr 1898 ⁴

GOULBURN CIRCUIT COURT.

The Goulburn Circuit Court will commence on Thursday morning next and his Honor, Sir Frederick Darley, Chief Justice, will preside. The following criminal list has been set down for hearing:—Joseph John Dillon, charge of rape, Cowra; Richard Lee, charge of stealing at Springfield; John Sneavier [sic], charge of indecent assault, Moss Vale; Oliver Funnel, charge of shooting with intent, Murray’s Flats; James Allen O’Neill, charge of manslaughter, Goulburn; Denis Stephens Camby, charge of receiving, Goulburn.

~ ~ ~ ~ ~

Depositions for John Sneavers 15 Apr 1898 Goulburn trial ⁵

(a) Town.	Letter from Bench of Magistrates at ^(a) Mittagong
	transmitting Depositions
(b) Name in full of accused.	in the case Regina v. (b) Sneavers
(c) Offence.	(c) Sodomy

(d) Town.	Police Office, (d) Mittagong
	8th February1898
	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) John Sneavers
(f) “His” or “her”	who has been committed to take (f) his
(g) “Circuit Court,” or “Quarter Sessions.”	trial at the (g) Assize Court
	to be held at (h) Goulburn	on Thursday
(h) Town where Court to be held.	the 14th day of April 1898
	The accused is (i) confined in the Gaol at Goulburn
(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 James Gallagher, constable, Mittagong; George Proud Lambert, medical officer, Berrima; John Perkins, apprentice, Mittagong; Margaret Bingham, laundress, Mittagong; Richard Edwards, groom, Mittagong.
(l) Short description to enable identification.	The Exhibits enclosed are (l) 1 Exhibit marked A & B; 14 Exhibits marked A Photographs
	I have the honor to be, Sir, Your obedient Servant,


	[Signed] W Stewart Caswell
	Clerk of Petty Sessions Police Magistrate
The Secretary,
Attorney General's Department.
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

~ ~ ~ ~ ~

(M., 1 and 12 Vict., Cap. 42.)

Depositions of Witnesses.

New South Wales, Mittagong
TO WIT. }

The examination of James Gallagher of Mittagong in the Colony of New South Wales, John Perkins of Mittagong apprentice, George Proud Lambert of Berrima Medical Officer, Margaret Bingham of Mittagong laundress and Richard Edwards of Mittagong, in the said Colony, Groom taken on oath this 8th day of February in the year of Our Lord one thousand eight hundred and eighty ninety eight at Mittagong 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 Sneavers who is charged this day before me, for that he the said John Sneavers, on the 22nd day of January 1898 at Mittagong in the said Colony, did assault John Perkins and then wickedly and against the order of nature carnally knew the said John Perkins and did commit with the said John Perkins the abominable crime of buggery.
[Signed] W Stewart Caswell, PM.

~ ~ ~ ~ ~

NEW SOUTH WALES POLICE.

Mittagong Station.
February 14th 1898.

Eastern District,

Report: relative to antecedents of:–
Name: John Sneavers
Offence: Sodomy
Committed for trial at: Goulburn Circuit Court
Date: April 14th 1898

Senior Constable Spencer No. 2840 reports:– That Sneavers who had been employed in Mittagong as a coachman resided here for a little more than 12 months. He is a Dutchman about 56 years old, 5' 8" high, fair complexion, small sidelevers otherwise clean shaved, crooked nose. The Police know little of him, but during his stay here many rumours have been current that he went in for committing disgusting offences. He is well known in Sydney. About 1884 or 1885 Sneavers it is said was employed by David Jones and Company, George Street, Sydney in the carpet department. He was afterwards employed it is said by Mr Prosser of Darling Point as Coachman and it is also said that he was once employed by either Mr Winchcombe or Mr Carson of Winchcombe Carson Company, Sydney.

[Signed] Herbert Spencer, Senior Constable.

James Gallagher duly sworn saith as follows:– I am a Police Constable stationed at Mittagong. In consequence of information I received I have watched the movements for some weeks of John Perkins. About 12 noon on the 6th instant I saw Perkins leave the Church of England in Mittagong and go in the direction of prisoner John Sneavers’s residence. I followed to watch Perkins. I saw him sit down on the ground in the bush. He started up and came in the direction where I was watching. He came up to me and I stopped him. I was dressed in plain

clothes. I questioned him and in consequence I went with Senior Sergeant Chalmers to the place where accused, who is a coachman, resides. I saw accused John Sneavers and said to him “Do you keep a boy named John Perkins?” He said “A boy of W Edwards.” I said “Yes.” He said “I know him.” I said “Did you see him last night?” He said “Yes, he was here.” I then said “Did you give him eightpence?” Accused said “I did!” I then said “Did you see him last Saturday fortnight – was he here?” He said “Yes, he was.” I said “Did you on that occasion give him two shillings?”

Accused said “Very likely I did.” I then said “Did you have him in the stables about 8 o’clock?” Accused replied “Very likely he was.” I then said “Can you explain to me how you come to give this boy money?” He replied “I suppose it was because he was an orphan.” I then said “Do you generally treat orphans with such liberality?” The accused “I have given a lot of money away in this town.” I then said “Perkins has informed me that you have committed sodomy with him on 5 different occasions.” I then told him I arrest him on the charge of

committing sodomy! Prisoner said “Arrest me? Oh my God, it is terrible. It is a lie.” I then gave him the usual caution and said to him that I want to search your room for certain cards which I know you have in your possession. To save us trouble you may as well hand them over to us. He went into his room, opened a drawer and handed to me 15 cards which I now produce marked ⁶ Exhibit A. I then, with Senior Sergeant Chalmers escorted prisoner to Mittagong lock up. I took him into the Courtroom and charged him with having on the 22nd day of January 1898 at Mittagong

in the Colony of New South Wales assaulted John Perkins and then wickedly and against the order of nature carnally knew the said John Perkins and did commit with the said John Perkins the abominable crime of buggery. Prisoner asked what carnally meant? And after this was explained I locked him up. On the morning of the 7th instant without being questioned said prisoner said “That boy is a liar. When he first met me he tried to make out he knew me in Sydney.

By Senior Sergeant Chalmers: Perkins is a state school boy under apprenticeship with

Mr Edwards of Mittagong.

By Mr Elliott Solicitor: Until Sunday last, the 6th inst Perkins made no complaint to me respecting this matter. I had never spoken to him before. Perkins was smoking when I saw him sitting in the bush. The statement Perkins made was partly or mostly in answer to questions I put. The answers accused gave to me were without hesitation. Perkins told me he had seen the cards and described some of them to me. I heard from others besides Perkins that prisoner had the cards. I have known Perkins more than

twelve months. I have known prisoner a considerable time in his present employment.

[Signed] James Gallagher.

Taken on oath before me at Mittagong this 8th February 1898.
[Signed] W Stewart Caswell, PM.

John Perkins duly sworn saith as follows:– I believe I’m almost 15 years of age. I am a state school boy and in the employ of W Edwards of Mittagong as a gardener’s apprentice. I know the prisoner John Sneavers. I saw him last on Saturday night up at where he lives. He gave me eightpence and a cake of tobacco. He said “Here is eightpence and a cake of tobacco.” He said nothing else then. When I saw him a second time in the back yard where he resides he said “Return here again next Saturday night.” I saw him about a fortnight before on a Saturday

about 8 o’clock at night in the back premises. He said “I want to fuck you.” I said “No, I don’t allow such things.” He gave me some carried me to the stable and put me down on the floor and undid my trousers and placed me on my hands and knees and let down his own trousers below his knees and put his private parts into mine. Then he gave me money, two shillings. I then went away. He hurt me while he was assaulting me. I have not been well in these parts since. I have known prisoner since last May. I remember it was May because I was sent to the house of

prisoner’s employer with clothes and wraps. It was a wet night. Prisoner spoke to me. He asked had I ever seen him in Sydney and he asked me to come over on a Saturday night. I went to his room the next Saturday night. He gave me some tobacco and money and told me to come the next Saturday night. I went, and prisoner gave me tobacco and money again. He again asked me to come on the following Saturday night. I went and when I was coming away he came outside his room and took me into the stables and locked the door and lit a lamp, a stable lantern. He tied my hands

with a cord. He said “I am going to fuck you.” He put me on the ground and took my clothes down. He took his own down. I got up and tried to get out. He caught me and threw me down again. He put his private parts into mine. He unloosed my hands and gave me a shilling and unlocked the door and I went away. I did not go near prisoner for a fortnight again. I saw him down town on a Thursday. He said “Come again next Saturday night.” I will give you tobacco and money. I went on the Saturday night. He did nothing to me, he gave me tobacco and money. He gave me sixpence.

He asked me to come the next Saturday, I went and he assaulted me again. He got me down and held me down and afterwards gave me tobacco and money. I was round at his room a few Sunday evenings. He gave me money. I saw Frank (Grono ?) as I was going to prisoner on Sunday. He assaulted me four times altogether. Prisoner showed me the cards produced. The time he tied my hands, twice he tried to put his private parts into my mouth like the photo, Exhibit B. I drew away from him to avoid him. After he showed me the picture and had assaulted me he said “If you tell the Police

or anyone I threaten to flog you.” When first time prisoner assaulted me he hurt me, I bled from the parts. There was blood on my shirt. I gave the shirt to Mrs Bingham to wash. There was blood on it. I did not wash the bloodstain out. I told her my nose bled.

By Mr Elliott, Solicitor: I went to prisoner to smoke and get tobacco he promised me. I did not object to it after the first time until the last time. I then said I did not allow such things. After each occasion I lost my money and tobacco. I never refused the tobacco or money. My real purpose for going was to get the tobacco.

(Grono ?) when I saw him was a hundred yards away from prisoner. I did call out when prisoner assaulted me. He stopped me and put his hand over my mouth on every occasion when he hurt me. He only hurt me the first and last time. The last time prisoner assaulted me he carried me from the railway gate to the stable with my hands and feet tied and held his hands over my mouth. It was a quarter to 8 when I left Edwards. The railway gate is near Jack Dawson’s. The railway gate is 30 yards from prisoner. I knew prisoner by sight in Sydney. I told him a lie about my parents, I told him a lie about what I had been doing in Sydney

I told him I had been put on a training ship for being in the streets. That was not a (first ?) when I first saw him he asked me to come every Saturday night. He said he had no-one with him and did not go about the town. I never told lies to Mr Edwards.

[Signed] John Perkins.

Taken on oath before me at Mittagong this 8th February 1898.
[Signed] W Stewart Caswell, PM.

George Proud Lambert duly sworn saith as follows:– I am a legally qualified Medical Practitioner and Medical Officer for the Police District of Berrima. By request of Senior Sergeant Chalmers I have today examined the witness John Perkins called against the prisoner John Sneavers charged with sodomy. I have seen nothing abnormal about the person of John Perkins to support the charge. It would not be possible for me to discuss anything a fortnight after such an assault unless it has been habitually of frequent occurrence. Five times in 8 months I would not call

habitual.

[Signed] George P Lambert, Surgeon.

Taken on oath before me at Mittagong on the 8th February 1898.
[Signed] W Stewart Caswell, PM.

Margaret Bingham duly sworn saith as follows:– I am a laundress in Mittagong. I know John Perkins. I wash for him since he came to Mr Edwards. I did not to my knowledge ever find blood on his clothes. I never remember his saying anything about blood on his shirt. If he told me last May that his nose bled on his shirt I do no remember it. I won’t swear he did not, he might have done, I don’t remember it.

[Signed] Margaret (her X mark) Bingham. Witness to mark James W Chalmers, Senior Sergeant.

Taken on oath before me at Mittagong this 8th February 1898.
[Signed] W Stewart Caswell, PM.

Richard Edwards duly sworn saith as follows:– I am groom for Mr Firth. I know prisoner Sneavers. I have 2 or 3 times seen John Perkins in Sneaver’s room on Sunday night also on Saturday night 2 or 3 times. As a rule I go to Bowral every Saturday night. I leave from 7 pm to 7.30 pm and return between 10 and 11. Prisoner Sneavers once showed me some obscene photographs which I now see produced. I and prisoner share rooms twelve yards from the stables.

By Mr Elliott: I think I was at home at my employer’s in Mittagong last Saturday fortnight

I am sure I was. I think that was the night Perkins was there and I heard him say to prisoner that he had money tips from the (bounder ?) at Edwards. Perkins was with Sneavers in his room. I went to bed about 8 o’clock. Sneavers was in his room when Perkins came. I heard him come, I was in my room. I heard Perkins come on to the verandah. I don’t know what they did in the room.

By Senior Sergeant Chalmers: I wont say I am certain that it was last Saturday fortnight that I heard Perkins come on to the verandah. I am not certain the conversation related occurred that

night. Prisoner had charge of the key of the stables.

By Mr Elliott: I never heard Perkins complain of having been tied up.

[Signed] R Edwards.

Taken on oath before me at Mittagong this 8th February 1898.
[Signed] W Stewart Caswell, PM.

G. 190.

REGINA.
versus
Sneavers

Offence,— Sodomy

The accused stands committed to take his trial at the next Court of Assize to be holden at Goulburn, on the fourteenth day of April 1898. Bail allowed the accused in £ and two sureties in £ each, or one in £

[Signed] W Stewart Caswell, PM

JP.

Dated at Mittagong Police
Office, Mittagong
this 8th
day of February
AD 1898
4g 416 - 88

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

Statement of the Accused.

New South Wales, Mittagong
TO WIT. }

John Sneavers stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 8th day of February in the year of Our Lord one thousand eight hundred and ninety eight for that he, the said John Sneavers on the 22nd day of January 1898 at Mittagong, in the said Colony, did assault one John Perkins and then wickedly and against the order of nature carnally knew the said John Perkins and did commit with the said John Perkins the abominable crime of buggery 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 John Sneavers, and the witnesses for the prosecution James Gallagher, John Perkins, George Proud Lambert, Margaret Bingham, Richard Edwards being severally examined in his presence, the said John Sneavers 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 Sneavers saith as follows:– “I deny the whole charge. I reserve my defence.”

Taken before me, at Mittagong, in the said Colony, the day and year first above mentioned.
[Signed] W Stewart Caswell, PM.

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

Recognizance to give Evidence.

New South Wales, Mittagong
TO WIT. }

Be it remembered, that on the eighth day of February in the year of Our Lord one thousand eight hundred and ninety eight James Gallagher a Constable of the Police Force, of Mittagong in the Colony of New South Wales, John Perkins, (George Proud Lambert of Berrima) of Mittagong in the said Colony, and Margaret Bingham and Richard Edwards of Mittagong 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 above mentioned at Mittagong in the said Colony, before me.
[Signed] W Stewart Caswell, PM.

The condition of the within written Recognizance is such, that whereas John Sneavers of Mittagong was this day charged before W Stewart Caswell, PM Esquire one of Her Majesty’s Justices of the Peace for the said Colony, with sodomy.
If therefore, they the before mentioned persons shall appear at the next Circuit Court of Assizes to be holden at Goulburn, in and for the Colony of New South Wales, on Thursday the 14th 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 Sneavers for the offence aforesaid, to the jurors who shall pass upon the trial of the said John Sneavers.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] W Stewart Caswell, PM.

~ ~ ~ ~ ~

[John Perkins withdrawing allegations letter] ⁷

Mittagong
Feb 12th – 98

I John Perkins hereby certify that John Sneevens [sic] never done me any harm. The statement I made about him tying, and carring me to Mr Tooths and committing Sodomy on me is not true he has shown me the pictures and also gave me tobacco, matches, and money but did not insult me in any way. What I said about the blood on my shirt and Mrs Bingham washing it is not true I did not speak to Mrs Bingham about it. On Christmas Eve I bought some tobacco at Mr Lakes sale and gave it to Sneeven’s to mind he showed me his penus and touched my lips with it
Witness. Sylvester Bendon.

[Signed] John Perkins

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Circuit Court.
Goulburn
14th April 1898
AG’s No. 17
Depositions.
SC’s No. 1
Regina
v.
John Sneavers
Unnatural offence
Committed at: Mittagong
on: 8th February 1898

~ ~ ~ ~ ~

At Mittagong
Buggery
Indecent assault
[Initialled] C[harles] G[regory] W[ade, Crown Prosecutor]
11/2/98
Approved J[ohn] H[enry] W[ant, QC] AG
14.2.98

~ ~ ~ ~ ~

Justice FM Darley’s notebook ⁸

[Goulburn, Friday, 15th April 1898]

⁹ The Queen v John Sneavers – Did on 22nd January at Mittagong assault John Perkins & commit buggery – 2nd, Indecent assault.
Plea not guilty.
Mr Elliott for the accused.
Crown Prosecutor opens case.

John Perkins examined Crown Prosecutor. I am a state school boy employed at Mittagong. I know the accused ever since last May. I was apprenticed to Mr Edwards storekeeper in Mittagong. I was sent by my master to Mr Tooths place where the prisoner was coachman. I saw the prisoner there. He spoke to me. He asked me to come round on Saturday night to Mr Tooths. I went round on a Saturday in May.

Nothing took place the first evening I was there nor on the next evening which was the 3rd Saturday. He never assaulted me at 1st. I made a wrong statement at the Mittagong Court because I was frightened. I made that statement upon assault oath. I am 14 years of age. Constable Gallagher frightened me at Mittagong. He told me if I did not tell him all about the case I would be locked up. I told him what was in the Deposition because I was afraid of being locked up. It was on a Sunday February 13. I was frightened & I told Mr Oakley the day after I had sworn the charges that they were untrue.
The prisoner shows me some photographs. ¹⁰
These are they – He offered to show me those. ¹¹
Looks at document. ¹²
I signed ¹³ that

the statement there contained is true. After the case was (on ?) in the Court I wrote that. I did not (?) think about telling him about that in the case. It was his showing me the pictures made me think of it. The constable said to me I do not want to do you any harm but you must tell me all about what this coachman is doing or I will have to lock you up. I was taken on from Mr Edwards and given to Mr Oakley who is manager of the Government State Farm at Mittagong. It was Sylvester Bendon who wrote out the statement. I told Mr Oakley on Tuesd Wednesday what I had sworn was untrue. On Saturday the statement was written out. Mr Oakley did not take me to the police between Wednesday and Saturday. Constable Gallagher came & asked

what (has ?) been done there. The one with ink was written out at Mr Oakley’s office. Mr Oakley had a pencil document written in pencil to the same effect on Wednesday. The last sentence in ink was left out of the document written in pencil on the Wednesday. The farm is about 2 miles from Mittagong station. I did not hear Mr Oakley say to Constable Gallagher well suppose we tear the statement up & say nothing about it.

Mr Robertson states he can take the case no further.

I direct a Verdict of not guilty be entered.

~ ~ ~ ~ ~

The Goulburn Herald, Fri 15 Apr 1898 ¹⁴

GOULBURN ASSIZES

Commenced yesterday before his Honor Sir Frederick Darley, Chief Justice; Mr HS Darley, judge’s associate; Mr SH Belcher represented the sheriff; Mr A Nugent Robertson, instructed by Mr Black, crown solicitor’s office, prosecuted. The legal gentlemen present were Messrs Moriarty, James and Lamb (barristers), and Messrs Betts, O’Brien, Thomas, Johnson, Walker, McCarthy, Meyer (Goulburn), Elliott (Bowral), Mason (Cowra), and Alexander (Hay), solicitors.
…

CHARGE OF ASSAULTING A STAE-BOY.

John Snivers [sic] was charged with criminally assaulting John Perkins, a state-boy, at Mittagong on 22nd January. A second count charged accused with indecent assault.

Prisoner pleaded not guilty and was defended by Mr Elliott. One juror was challenged.

Accused, a middle age man, was a groom at Mittagong, and Perkins, a stable-boy about fourteen in another employment. They made acquaintance, and the boy was in the habit of going to accused’s stables on Saturday evenings, and on several occasions it was alleged prisoner committed the offence. A number of photographs of an indecent character were produced, which it was stated prisoner had shown to the boy.

[John] Perkins now stated that the charge was unfounded and that he had been frightened into bringing it by Constable Gallagher threatening to lock him up if he did not tell him all about it.

After putting a few questions to the witness, the Crown Prosecutor informed his Honor he could not carry the case any further, and under his Honor’s direction the jury acquitted prisoner, and he was discharged, his Honor telling him he was a vile man and deserved punishment for having such disgraceful photographs in his possession, and for showing them to a young boy to poison his mind.

His Honor told the boy he was very wicked. He could not say what the attorney-general would consider his duty to do, but he himself thought that the boy should be punished to teach other boys or girls not to bring such untrue charges with impunity.

At the request of the Crown-Prosecutor his Honor allowed Constable Gallagher to go into the witness box and deny the statement of the boy about his being frightened into making the charge.

The court adjourned at 6 pm till 10 am tomorrow.

~ ~ ~ ~ ~

Goulburn Evening Penny Post, Sat 16 Apr 1898 ¹⁵

GOULBURN CIRCUIT COURT.
————
THURSDAY AFTERNOON.

BEFORE his Honor Sir Frederick Darley.
…

ALLEGED UNNATURAL OFFENCE.

John Snivers was charged with having committed an unnatural offence at Mittagong on 22nd January last. He was charged on a second count with having assaulted a boy named John Perkins.

Accused pleaded not guilty and he was defended by Mr Elliott, of Moss Vale.

In opening the case the Crown-Prosecutor said that accused was a groom and John Perkins a State schools boy.

On being put into the box Perkins made a statement to the effect that the accused had never assaulted him, and that he had made a wrong statement in the Mittagong Court because he was frightened. In answer to his Honor he said he was 14 years of age.

His Honor asked to be shown the boy’s evidence given in the Police Court.

His Honor read the evidence and the boy told him that the story was not true. He said he invented it because the constable at Mittagong frightened him. He told Mr Roatty the next day after the court that what he had said was not true. He made up the story through accused showing him some cards.

After questioning the boy, the Crown-Prosecutor said he could not carry the case any further.

In addressing the boy his Honor said that he was a very wicked and dangerous boy, and he did not know what the Attorney-General might see fit to do. He might put the boy on his trial for perjury, so as to teach young boys and girls that they must not bring such charges against persons on oath.

Under his Honor’s direction a verdict of not guilty was returned, and the accused was discharged. In doing so his Honor told accused that he was a vile man to be in the possession of such awful photographs as those shown in court. His Honor ordered that they should be destroyed.

Constable Gallagher was called and he denied ever frightening the boy to make a statement against accused.

This concluded the criminal list.

John Perkins, 1898

Goulburn Evening Penny Post, Thu 11 Aug 1898 ¹⁶

GOULBURN QUARTER SESSIONS.
————

THE Goulburn Quarter Sessions were opened this morning before his Honor Judge Fitzhardinge. Mr Armstrong prosecuted for the Crown.

FINE REMITTED.

A fine of 40s, imposed on HB Lansdowne, of Boxer’s Creek, at the last Quarter Sessions, for non-attendance, was remitted. Mr Lansdowne stated on oath that he had not received the summons to attend.

JURYMEN EXCUSED.

John McLean, of Taralga, and John Guthrie, of Big Hill, were excused from attendance as jurymen on account of ill-health. Peter B[lair] Thompson was also excused, as the summons had not been served.
…

MAKING FALSE STATEMENT.

John Perkins, a lad about 17 years, was charged that he did on 8th February, 1898, at Mittagong, before Mr WS Caswell, PM, make a wilful and false statement. He pleaded not guilty, and stated that the statement he made at Mittagong was true and the one he made at Goulburn was not true.

Perkins was undefended.

His Honor, addressing the accused, said “What you now state is that you did make a false statement, but it was at Goulburn?”

Accused answered in the affirmative.

His Honor said that if the jury believed the accused had made a false statement on either occasion it would be their duty to convict him.

The Crown-Prosecutor pointed out that the only perjury alleged in the indictment was committed at Mittagong; there was no reference to the other.

But his Honor said that under the section of the Act in question, if the jury were satisfied that the accused made two statements on oath, so conflicting that one of them must be wilfully false, it would be competent for them to convict the accused of perjury.

The Crown-Prosecutor said that was quite correct, but what he wished to point out was that accused could only plead guilty to the statement at Mittagong on the indictment as it was drawn up.

In opening the case the Crown-Prosecutor said that it was one demanding the earnest consideration of the jury. At the last Goulburn Assizes a man, [John Sneavers], was arraigned on a charge of having committed an unnatural offence. The case was previously heard at the Mittagong Police Court, where Perkins made a statement on oath to the effect that an assault had been committed on him. On being sworn at Goulburn he denied the truth of his previous statement and alleged he gave the evidence in the Mittagong Police Court because he was frightened.

Evidence for the prosecution was given by Constable Gallagher and others.

Accused declined to give evidence and had nothing to say.

In summing up his Honor said it was clear that the accused had made two conflicting statements and in returning their verdict they could, if they wished, add a rider as to which statement they considered false. Such a rider would be merely an expression of opinion and would bind no one.

The jury retired at 20 minutes to 1 and returned at 3 o’clock with a verdict of guilty. They added a rider to the effect that the evidence given before the Circuit Court at Goulburn was false and strongly recommended the prisoner to mercy on the ground that in their opinion he was intimidated and so gave the evidence he did on that occasion.

His Honor thanked the jury for their guidance and said he would consider it.

Constable Gallagher said that the police knew nothing else against the boy.

His Honor said he regretted having to send the boy to gaol at all, but unfortunately there was nothing else to be done. He sentenced him to four months’ hard labour in Goulburn gaol. He also said that he wished the gaoler to know that if any fresh facts came out in the matter he would like them to be communicated to the Crown Law Office.

~ ~ ~ ~ ~

The Goulburn Herald, Fri 12 Aug 1898 ¹⁷

GOULBURN QUARTER SESSIONS

OPENED yesterday before his Honor Judge Fitzhardinge. Mr Belcher represented the sheriff. Mr Armstrong prosecuted. The other legal gentlemen present were Messrs Betts, Howard, Sendall, and Walker.

JUROR'S FINE REMITTED.

A fine of £2 inflicted on HB Lansdown[e] of Boxer’s Creek at last sessions for non-attendance was remitted upon his deposing that he had not received the summons.

JURORS EXCUSED.

John McLean of Scabby Flat and John Guthrie of Big Hill were excused on the ground of illness, and Peter Blair Thomson owing to absence from the district.
…

PERJURY AT MITTAGONG.

John Perkins (17), a state-boy, was charged with having committed perjury at Mittagong on 8th February by giving false evidence against John Snivers, then charged with a heinous crime.

Prisoner, [John Perkins], who was undefended, pleaded not guilty, and stated that he had told the truth at Mittagong, but had sworn falsely at Goulburn assizes in April last, when he swore there was no truth in the charge.

His Honor addressing prisoner: What you now state is that you made a false statement but that it was at Goulburn and not Mittagong?

Prisoner answered in the affirmative.

His Honor said would be the duty of the jury to convict prisoner of perjury on whichever statement they believed to be false. This was provided by the section of the statute under which the indictment was laid.

The Crown-Prosecutor in opening the case, asked the jury to say whether they believed the statement made by the prisoner at Mittagong were truth or not. He did this he said in the interest of justice.

The case showed that in February last Snivers was brought up at the police court, Mittagong, before Mr Caswell PM on a charge of committing an offence against nature upon Perkins, and the latter there swore that the offence was frequently committed under threats. At the assizes in Goulburn in April Perkins stated that his evidence was untrue and that Snivers had not committed the offence, whereupon Snivers was acquitted. After his arrest for perjury Perkins told Senior-constable Gallagher of Mittagong that he contradicted his first evidence because he feared he would get into trouble and his [some text missing here as original is folded] then told he would not …

His Honor in summing up asked the jury to express an opinion whether they … the statement made by prisoner at [Mittagong] or that made by him at Goulburn to being false.

The jury retired at 0.40 pm and at 3 pm returned with a verdict of guilty. They expressed the opinion that the statement made in Goulburn by prisoner was false. They recommended prisoner to mercy because they believed he had been under intimidation.

Senior-constable Gallagher stated the police knew nothing previously against prisoner. His employer said he was a good youth for the first twelve months he was in his service, but for the last four he had been addicted to lying and to using bad language.

His Honor said he would take into consideration that prisoner had been two months awaiting trial. He regretted he had to send him to jail, but there was nothing else for it.

Sentence—four months’ hard labor.

~ ~ ~ ~ ~

The Sydney Morning Herald, Fri 12 Aug 1898 ¹⁸

GOULBURN QUARTER
SESSIONS.
———◦———

Goulburn, Thursday.

At the Quarter Sessions held today before Judge Fitzhardinge, Mr Armstrong prosecuting for the Crown, William Gavin, a State-school boy, pleaded guilty to stealing two pigs. He was released under the First Offenders’ Act . John Perkins, lad, was found guilty of making a false statement in connection with a case from Mittagong, and was sentenced to four months’ hard labour in Goulburn Gaol. Thomas James Funnell, charged with receiving stolen property, was acquitted. James Grant, who had pleaded guilty at Bombala to stealing hides, and was then released under the First Offenders’ Act , was brought up for sentence, he having been convicted on another charge of larceny. The prisoner was sentenced to six months’ imprisonment, to commence at the expiration of the sentence he is now serving.

~ ~ ~ ~ ~

The Bowral Free Press, Wed 17 Aug 1898 ¹⁹

MAKING FALSE STATEMENT
————

AT the Goulburn Quarter Sessions on Tuesday last, before his Honor Judge Fitzhardinge.

John Perkins, a lad about 17 years,, was charged that he did on 8th February, 1898, ay Mittagong, before Mr WS Caswell, PM, make a wilful and false statement. He pleaded not guilty, and stated that the statement he made at Mittagong was true, and the one he made at Goulburn was not true.

Perkins was undefended.

His Honor, addressing the accused said: “What you now state is that you did make a false statement, but it was at Goulburn?”

Accused answered in the affirmative.

His Honor said that if the jury believed the accused had made a false statement on either occasion it would be their duty to convict him.

The Crown-Prosecutor pointed out that the only perjury alleged in the indictment was committed at Mittagong; there was no reference to the other.

But his Honor said that under the section of the Act in question, if the jury were satisfied that the accused had made two statements on oath, so conflicting that one of them must be wilfully false, it would be competent for them to convict the accused of perjury.

The Crown-Prosecutor said that was quite correct, but what he wished to point out was that accused could only plead guilty to the statement at Mittagong on the indictment as it was drawn up.

In opening the case the Crown-Prosecutor said it was one demanding the earnest consideration of the jury. At the last Goulburn Assizes a man was arraigned on a charge of having committed an unnatural offence. The case was previously heard at the Mittagong Police Court, where Perkins made a statement on oath to the effect that an assault had been committed on him. On being sworn at Goulburn he denied the truth of his previous statement, and alleged he gave the evidence in the Mittagong Police Court because he was frightened.

Evidence for the prosecution was given by Constable Gallagher and others.

Accused declined to give evidence and had nothing to say.

In summing up his Honor said it was clear that the accused had made two conflicting statements and in returning their verdict they could if they wished, add a rider as to which statement they considered false. Such a rider would be merely an expression of opinion, and would bind no one.

His Honor thanked the jury for their guidance, and said he would consider it.

Constable Gallagher said that the police knew nothing else against the boy.

His Honor said he regretted having to send the boy to gaol at all, but unfortunately there was nothing else to be done. He sentenced him to four months’ hard labor in Goulburn gaol. He also said that he wished the gaoler to know that if any fresh facts came out in the matter he would like them to be communicated to the Crown Law Office.—Goulburn Post.

~ ~ ~ ~ ~

Robertson Advocate, Fri 19 Aug 1898 ²⁰

MAKING FALSE STATEMENT.
————

At the Goulburn Quarter Sessions, before his Honor Judge Fitzhardinge, on Thursday, John Perkins, aged 17, was charged that he did on the 8th of February, 1898, at Mittagong , before Mr WE Caswell, PM, make wilful and false statement. He pleaded not guilty, and stated that the statement he made at Mittagong was true, and the one he made at Goulburn was not true. Evidence for the prosecution was given by Constable Gallagher and others. The jury returned a verdict of guilty, adding a rider to the effect that the evidence given before the Circuit Court at Goulburn was false, and strongly recommended the prisoner to mercy on the ground, that in their opinion he was intimidated and so gave the evidence he did on that occasion. The accused was sentenced to four months hard labor in Goulburn gaol. His Honor remarked that he wished the gaoler to know that if any fresh facts came out in the matter he would like them to be communicated to the Crown Law Office.

¹ Evening News, (Sydney, NSW), Wed 9 Feb 1898, p. 4.

² The Sydney Morning Herald, Wed 9 Feb 1898, p. 5.

3 The Scrutineer and Berrima District Press, Sat 12 Feb 1898, p. 2.

⁴ Goulburn Evening Penny Post, Sat 9 Apr 1898, p. 4. Emphasis added.

⁵ SRNSW: NRS880, [9/6966], Supreme Court, Papers and depositions, Goulburn, 1898, No. 17. Emphasis added.

⁶ Mn: Exhibit A Police Court Mittagong 14th June 1898 [signed] W Stewart Caswell, PM

⁷ Statement transcribed verbatim

⁸ SRNSW: NRS5829, [2/2950], Judiciary, FM Darley, CJ. Notebooks Circuit Court, 1888-1908, pp. 47-50. Emphasis added.

⁹ Mn: See Sec. 59 & 60, Life 5 years

¹⁰ Apparently a note interposed by the judge.

¹¹ Witness resumes.

¹² Judge again.

¹³ Witness resumes.

¹⁴ The Goulburn Herald, Fri 15 Apr 1898, p. 2. Emphasis added.

¹⁵ Goulburn Evening Penny Post, Sat 16 Apr 1898, p. 4. Emphasis added.

¹⁶ Goulburn Evening Penny Post, Thu 11 Aug 1898, p. 3. Emphasis added.

¹⁷ The Goulburn Herald, Fri 12 Aug 1898, p. 3. Emphasis added.

¹⁸ The Sydney Morning Herald, Fri 12 Aug 1898, p. 5. Emphasis added.

¹⁹ The Bowral Free Press, Wed 17 Aug 1898, p. 4. Emphasis added.

²⁰ Robertson Advocate, (NSW), Fri 19 Aug 1898, p. 2. Emphasis added.

Sodomy