The North Shore and Manly Times, Sat 21 May 1904 1

NORTH SYDNEY POLICE NEWS
(Before Mr [Charles Newton] Payten, SM.)

…

Thursday, May 19.

A WARNING TO PARENTS.

    Arthur Medina, a young man who has for some time past been occupied in the vending of ice creams in North Sydney, was before the local court on Thursday on a revolting charge of assault on a girl aged 11 and a boy aged 8 years. The evidence, which was taken with closed doors , disclosed circumstances of a revolting character on the part of the accused. The scene of the alleged offence was in the bush in the vicinity of Neutral Bay Reserve. The children (brother and sister) were playing on the reserve, and were enticed into the scrub by the accused.

    At the conclusion of the evidence for the prosecution the accused made a statement in which he denied having used words threatening the little girl with violence, as imputed by her evidence.

    The accused was committed for trial at the next court of gaol delivery, to be held on the 30th instant.

~ ~ ~ ~ ~

Depositions for Arthur Medina 3 Jun 1904 Sydney trial 2

 


(a) Town.


Letter from Bench of Magistrates at (a) North Sydney

 

transmitting Depositions

(b) Name in full of accused.

in the case Regina v. (b) Arthur Medina

(c) Offence.

(c) Attempting to carnally know a girl under 14. Indecently assaulting a male person.

 

(d) Town.

Police Office, (d) North Sydney

 

19th May 1904 

 

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) Arthur Medina

(f) “His” or “her”

who has been committed to take (f) his

(g) “Circuit Court,” or 
“Quarter Sessions.”

trial at the (g) Court of Gaol Delivery

to be held at (h) Darlinghurst

on Monday

(h) Town where Court 
to be held.

the 30th Day of May 1904.

The accused is (i) confined in the gaol at Darlinghurst.

(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) Duncan McDonald, Senior Constable stationed at North Sydney, Eric Rickards, Hilda Rickards, and Oscar Rickards each of 15 Ben Boyd Road, Neutral Bay.

 

(l) Short description to enable identification.

The Exhibits enclosed are (l) Nil

 

I have the honor to be,
Sir,
Your obedient Servant,

 

 

[Signed] Aubrey [Murray Palmer] Mowle

 

Acting Clerk of Petty Sessions

The Under Secretary,

Department of the Attorney General and of Justice.

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

 

 ~ ~ ~ ~ ~

Solicitor General’s Chambers
Sydney 6.6.1904

    I decline to proceed against Edwin Arthur Medina on a charge of indecent assault on a male person.

[Signed] Hugh Pollock
[Solicitor General]

Discharge warrant to Sheriff
4:6:’04
CPS North Sydney,
Mr Payten, SM
4:6:’04
Depositions to Crown Solicitor (Criminal Law Branch)
7:6:’04

~ ~ ~ ~ ~

Court House, North Sydney,
8th June 1904.

Sir,
    In compliance with the request contained in your letter of the 7th instant, I have caused the attendance of the witnesses in the case mentioned in the margin (Rex versus Medina. indecent assault on a male). Hereof to be countermanded in writing, and have ascertained from the Governor of Darlinghurst Gaol that the accused has been discharged from custody.

I have the honour to be,
     Sir,
Your obedient Servant.
[Signed] Arthur Blix, Clerk of Petty Sessions.

~ ~ ~ ~ ~

NEW SOUTH WALES POLICE.

Metropolitan District,

No. 6 Police Station.
22nd May 1904.

Report relative to antecedents of:–
Name: Arthur Medina
Offence: Attempting to carnally know and indecent assault
Committed for trial at: Sydney Gaol Delivery
Date: 30th May 1904
    Senior Constable McDonald reports:– The following are the antecedents of the above named.
    North Sydney Police Court 12-6-93 larceny imprisoned till rising of Court.
    North Sydney Police Court 30-1-02 offending against decency, fined £5 or 2 months.
[Signed] Duncan McDonald, Senior Constable.

~ ~ ~ ~ ~

No. 6 Police Station
31st May 1904

Re: Arthur Medina collecting money from Mrs Horton, Ben Boyd Road, opposite Neutral Bay School. The place referred to by Hilda Rickards when Medina gave her the alleged note and one shilling.

    Christopher John Hillman states the previous list of dates supplied, does not refer to Mrs Horton and opposite the school. Amended list of dates on which Medina received money from Mrs Horton and paid it into office on 1st, 2nd, 4th, 5th, 7th, 8th, 9th, 10th,11th, 12th, 14th, 15th, 16th, 17th, 18th, 19th, 21st 22nd, 24th, 26th, 28th, 31st of March 1904.

[Signed] D McDonald, Senior Constable.

~ ~ ~ ~ ~


No. 6 Police Station
25the May 1904.

    Subject: Memo from Clerk of Peace Office of 21st instant re Arthur Medina, indecent assault.

    Senior Constable McDonald reports, that he has repeatedly seen Medina a North Shore, driving an ice cart, similar to the one described by Hilda Rickards.

    Christopher John Hillman, of 58 Ivy Street, Redfern; states, that Medina was employed by him, and during the month of March, and up to the 21st April 1904. Medina constantly delivered ice, at Mrs Horton’s shop in Ben Boyd Road, Neutral Bay, and did drive a cart painted red, with a white top. Medina paid in to the office several sums of money, received from Mrs Horton, on the following dates. 3 3rd, 11th, 18th, 28th March, also on 6th April 1904. This was the last time, Medina delivered ice to Mrs Horton.

[Signed] Duncan McDonald, Senior Constable.

~ ~ ~ ~ ~

Office of Clerk of the Peace,
21st May 1904.

Memo.
Rex versus Arthur Medina indecent assault Central Criminal Court, 30th May 1904.
    Can evidence be procured to show that the accused drove an ice cart as described by the witness Hilda Rickards (“painted red with a white top”).
    Senior Constable McDonald of North Sydney has charge of the case.
    Referred to Mr Robinson for inquiry and report. 23/5/04.
[Signature illegible], Acting Clerk of the Peace.

1

Depositions of Witnesses.

New South Wales,
TO WIT.                       }
The examination of Duncan McDonald, a Senior Constable of the Police Force in the State of New South Wales, Eric Rickards of 15 Ben Boyd Road, Neutral Bay, in the said State, gas stoker, Hilda Rickards of 125 Ben Boyd Road, Neutral Bay, in the said State, school girl, and Oscar Rickards a school boy, of 15 Ben Boyd Road, Neutral Bay, in the said State, taken on oath this 18th day of May in the year of Our Lord one thousand nine hundred and four at the North Sydney Police Office, in the said State, before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of Arthur Medina who is charged this day before me for that he the said Arthur Medina on or about the 27th day of March in the year of Our Lord one thousand nine hundred and four at Neutral Bay in the said State, did attempt unlawfully and carnally to know Hilda Rickards a girl above the age of ten years and under the age of fourteen years, to wit, of the age of 11 years and 5 months, and that on or about the said 27th day of March, 1904, at Neutral Bay aforesaid, he the said Arthur Medina did commit an indecent assault upon Oscar Rickards a male person.

2

1 of 2

19th May 1904

Police Charge, No. 292

Court of Petty Sessions, North Sydney.
18th May 1904.
 

Arthur Medina 22, carter, NSW, C of E, 2

    At North Sydney in the State of New South Wales, indecently did assault one Hilda Rickards a girl then under the age of 14 years to wit the age of eleven years and five months, between the 1st and 31st day of March 1904.

    At the request of the Police remanded till tomorrow the 19th instant. Bail allowed self in £100 and two sureties in £50 each or one in £100.

[Signed] Aubrey Mowle, JP.

3

2 of 2

19th May 1904.

Police Charge, No. 293

Court of Petty Sessions, North Sydney.
18th March 1904.

    Arthur Medina 22, carter, NSW, C of E, 2.

    At North Sydney in the State of New South Wales, did commit an indecent assault upon a male person to wit Oscar Rickards (8½ years of age) between the 1st and 31st day of March 1904.

    At the request of the Police remanded until tomorrow the 19th instant. Bail allowed self in £100 with one surety in £100 or two in £50 each.

[Signed] Aubrey Mowle, JP.

4

Police versus Arthur Medina.

    Indecently assaulting girl under 14, and a male person.

    The accused is undefended.

    This deponent, sworn, states:– My name is Duncan McDonald, I am a Senior Constable of Police stationed at North Sydney. About 1 pm on the 17th instant, I saw the accused driving an ice cart in Lane Cove Road, North Sydney, Constable Gates brought him into the Police Station, afterwards I placed him in the yard at the station with five other young men about his own height age and build, Hilda Rickards was brought in and I said to her “See if the man is amongst that crowd.” Without any hesitation she walked straight over to the accused and placed her hand on him and said “This is the man.” Oscar Rickards was afterwards called in, he also went straight to the accused and placed his hand on him. He was then given in charge by the father of the children for indecently assaulting his daughter Hilda and his son Oscar. I said to the accused “The two that identified you say about two months ago they were playing in the Neutral Bay Reserve, that you came up to the lad and got hold of him by the hand, you afterwards got hold of the girl by her hand and you led them across the little hand-

5

bridge up into the bush, the boy states that you made him take down his trousers, and that you took down your trousers, and that you put your person against his behind and that you made him do the same to you, and that you afterwards made him catch hold of your person and rub it up and down, he says then that you took him back to his sister Hilda, and that you unbuttoned your trousers and took out your thing, and you were rude with his sister, after that, before you went away, you gave him [sic] and his little brother a penny each, that’s what you’re going to be charged with.” He made no reply. I took him inside into the station and charged him with the present charges and he made no reply there.

    No questions.

[Signed] Duncan McDonald.

Taken and sworn at Police Court North Sydney, this 19th day of May 1904 before.
[Signed] CN Payten, SM.

6

This deponent, sworn, states:–

    My name is Eric Rickards, I am a gas stoker and live at 15 Ben Boyd Road, Neutral Bay. The children now in court are my children, the girl Hilda Rickards will be 12 years old on the 22nd October next. The boy’s name is Oscar Rickards and will be nine years old on the 11th December next. From something I was told last Sunday I went immediately to the Police. I was at the Police Station on the 17th instant when the accused was identified by my daughter and son and I afterwards gave the accused in charge for indecently assaulting them and signed the charge book.
    No questions.

[Signed] Eric Rickards.

Taken and sworn at the Police Court, North Sydney, this 19th day of May 1904 before.
[Signed] CN Payten, SM.

7

This deponent, sworn, states:–

    My name is Hilda Rickards, I will be 12 years old on the 27th October next. I live with my parents at Ben Boyd Road, Neutral Bay. I know the accused by the name of George Richards, my brother Oscar told me that was his name. I remember about last Good Friday when I had my holiday. It was before the Easter holidays, about a week before, that I saw the accused in the Neutral Bay Reserve, down on the beach. I was with my brothers and sister, Oscar and Carl are my brothers, I had a baby with me. It was on a Sunday afternoon. The accused was down talking to Oscar when I first saw him, I was getting the baby to sleep on my lap, I was sitting on the grass. I saw the accused get hold of Oscar’s hand and he afterwards got hold of my hand. He took us up the bush, across the reserve, across the bridge, we went up through the gate, up some steps and in the bush. He took Oscar around another bush and was away for some time, and then came back to me with Oscar. I could not see him and Oscar when they were away, there was thick bush between us. When he and Oscar came back to me Oscar told me what the accused had done to him. He said they were rude to each other’s back, the accused was standing close by when Oscar told me that and he did not say he wasn’t rude to Oscar’s back. After that he did something to me. I was sitting on a rock when he came back, with the baby on my lap, he pushed the baby up on to my chest, unbuttoned my drawers and undid his clothes and took out his thing and he nearly put it into mine, he put it up against me,

8

I felt it up against me. After that he went away, he did not give me anything but he gave my two brothers Oscar and Carl a penny each. He told me to wait by the gate, that he was going away for some cigarettes. Before he undid my drawers, he said “If you won’t let me undo your drawers I’ll hit you in the eye.” I was frightened of him then. Oscar and Carl were standing close by and could see what he was doing to me. I went down on the beach again then. I told my father and mother about it last Sunday. I saw the accused afterwards in Ben Boyd Road one morning when I was going to school, that was about a week or more after he did to me what I’ve told, he was with an ice cart which was painted red with a white top, he was in Ben Boyd Road up by the school, he said “Come down the bush.” That morning, I said “No.” He wrote me a note that morning and gave it to me, it was “Mrs Falconberg, please excuse Hilda for being late.” I tore that note up. Miss Falconberg is the teacher of the school I go to. He asked me what the school teacher’s name was when I saw him up by the school, he put a shilling in my basket that morning. I spent it on lollies and a scribbling book. I saw him twice in the cart, the other time was up on the shore. I am quite sure the accused is the man who took me up into the bush that day.

    To Bench: When he had his thing against me he did not hurt me, he kept still, he didn’t move about, he did not leave anything on my drawers. His thing was hard.

    No questions.

[Signed] Hilda Rickards.

Taken and sworn at the Police Court, North Sydney, this 19th day of May 1904 before.
[Signed] CN Payten, SM.

9

This deponent, on his promise to tell the truth, the whole truth and nothing but the truth, states:–

    My name is Oscar Rickards, I am 9 years old, I will be 9 in December. I live with my mother and father in Ben Boyd Road Neutral Bay and go to school. I know the accused. I remember the Easter holidays, before we had holidays I was with my sister Hilda, my little brother Carl and the baby one Sunday afternoon and saw the accused, it was about two months ago, I don’t know how long before the holiday. I know the accused by the name of George Richards, he told me that was his name when he done it to me first, that was the day I saw him down on the reserve. He came to me and took me up the bush, he caught hold of my hand, my sister was near there and he caught hold of my sister’s hand and took her up the bush too, he took us across the bridge, and then he took us up in the bush, he had hold of our hands when he was taking us up. He brought me down a little but further than Hilda and he took down my pants and took down his own pants, after he took down his pants he told me to put my thing in his behind and I tried to do that and then he tried to put his thing in my behind, he put it next to me but he couldn’t get it in. After he did that he buttoned up his trousers and I buttoned up mine. He took his thing out of his trousers and made me put my hand on it and he made me rub it up and down. After that I went with him back to Hilda who was sitting on a rock with the baby in her arms.

10

He took his thing out of his trousers and done it to Hilda’s front, not her behind her front, against her skin, the baby was still in her lap. After he did that to Hilda he went away, he gave me and my brother one penny each before he went away. I went home then. My little brother Carl told my mother first and she asked me about it and I told her, that was last Sunday. I saw the accused driving a red ice cart up the Shore I am sure it was the accused that took us up the bush and did what I’ve told tous [sic]. I was standing close to him when he did that to Hilda. Oscar was there too.

    No questions.

[Signed] Oscar Rickards.

Taken and sworn at the Police Court, North Sydney, this 19th day of May 1904 before.
[Signed] CN Payten, SM.

11

(F. 2 – “Justices Act, 1902.”)

Statement of the Accused.

State of New South Wales, North Sydney
TO WIT.                                                    }

Whereas Arthur Medina (hereinafter called the defendant) stands charge before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, this 19th day of May in the year of Our Lord one thousand nine hundred and four for that he, the said defendant, on or about the 27th day of March 1904, at Neutral Bay in the said State, did attempt unlawfully and carnally to know Hilda Rickards a girl about the age of ten years and under the age of 14 years, to wit, the age of 11 years and 5 months and the said charge being read to the said defendant, and the witnesses for the prosecution, Duncan McDonald, Eric Rickards, Hilda Rickards, and Oscar Rickards being severally examined in his presence and (the depositions of the said witnesses having been read to him), the said defendant is now addressed by me the said Justice 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 against you in evidence at your trial; and you are also informed, and are to clearly understand, that you have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to you to induce you to make any admission or confession of your guilt, but whatever you now say may be given in evidence against you upon your trial notwithstanding such promise or threat.” Whereupon the said defendant saith as follows:– “No. Sir, the girl says that I said I would punch her in the eye, them words were never used, I never mentioned anything about it.”

[Signed] A Medina.

Taken before me and read over to the said defendant at the Police Office, North Sydney, in the said State, the day and year first above mentioned.
[Signed] CN Payten, SM.

12

G. 190.

New South Wales,
TO WIT.                         }

REX.
versus
Arthur Medina

Offence,— Attempting to carnally know girl under 14 years of age

    The accused stands committed to take his trial at the next Court of Gaol Delivery to be holden at Sydney, in the State of New South Wales, on the 30th day of May 1904. Bail allowed the accused in £80 and two sureties in £40 each, or one in £80

[Signed] CN Payten, SM

JP.

Dated at the Police
Office, North Sydney
in the said State,
this Nineteenth
day of May
AD 1904
4g 416 - 88

13

(F. 2 – “Justices Act, 1902.”)

Statement of the Accused.

State of New South Wales, North Sydney
TO WIT.                                                    }

Whereas Arthur Medina (hereinafter called the defendant) stands charge before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, this 19th day of May in the year of Our Lord one thousand nine hundred and four for the he, the said defendant, on or about the 27th day of March 1904, at Neutral Bay in the said State, did commit an indecent assault upon Oscar Rickards a male person and the said charge being read to the said defendant, and the witnesses for the prosecution, Duncan McDonald, Eric Rickards, Hilda Rickards, and Oscar Rickards being severally examined in his presence, and (the depositions of the said witnesses having been read to him), the said defendant is now addressed by me the said Justice 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 against you in evidence at your trial; and you are also informed, and are to clearly understand, that you have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to you to induce you to make any admission or confession of your guilt, but whatever you now say may be given in evidence against you upon your trial notwithstanding such promise or threat.” Whereupon the said defendant saith as follows:– “No, Sir.”

Taken before me and read over to the said defendant at the Police Office, North Sydney, in the said State, the day and year first above mentioned.
[Signed] CN Payten, SM.

14

G. 190.

New South Wales,
TO WIT.                              }

REX.
versus
Arthur Medina

Offence,— Indecent assault on male person

    The accused stands committed to take his trial at the next Court of Gaol Delivery to be holden at Sydney, in the State of New South Wales, on the 30th day of May 1904. Bail allowed the accused in £80 and two sureties in £40 each, or one in £80

[Signed] CN Payten, SM

JP.

Dated at the Police
Office, North Sydney
in the said State,
this 19th
day of May
AD 1904
4g 416 - 88

15 & 17

“Justices Act, 1902.”

Recognizance to give Evidence. 4

State of New South Wales, North Sydney
TO WIT.                                                    }

Be it remember, that on the nineteenth day of May in the year of Our Lord one thousand nine hundred and four Duncan McDonald a Senior Constable of the Police Force, stationed at North Sydney in the said State of New South Wales, Eric Rickards of 15 Ben Boyd Road, Neutral Bay gas stoker in the said State, personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged themselves to owe Our Sovereign Lord the King the sum of

FORTY POUNDS EACH,

of good and lawful money of Great Britain, to be made and levied of their goods and chattels, lands and tenements, respectively, to the use of our said Lord the King, his Heirs and Successors, if they the said before mentioned persons shall fail in the condition indorsed.
[Signed] Duncan McDonald, Eric Rickards.

Taken and acknowledged, the day and year first above mentioned, at North Sydney in the said State, before me.
[Signed] Aubrey Mowle, JP.

The condition of the within written Recognizance is such, that whereas one Arthur Medina was this day charged before CN Payten Esquire, a Stipendiary Magistrate in and for the Metropolitan Police District and Esquire one of His Majesty’s Justices of the Peace for the said State, for attempting to carnally know one Hilda Rickards and indecently assaulting one Oscar Rickards.

If, therefore, they the before mentioned persons shall appear at the next Court of Gaol Delivery to be holden at Sydney in and for the State of New South Wales, on Monday the 13th day of May 1904, 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 Arthur Medina for the offences aforesaid, to the jurors who shall pass upon the trial of the said Arthur Medina.
Then the said Recognizance to be void, or else to stand in full force and virtue.

[Signed] Aubrey Mowle, JP.

16 & 18

“Justices Act, 1902.”

Recognizance to give Evidence.

State of New South Wales, North Sydney
TO WIT.                                                  }

Be it remembered, that on the 19th day of May in the year of Our Lord one thousand nine hundred and four arr of 15 Ben Boyd Road Neutral Bay in the State of New South Wales, gas fitter personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged himself to owe Our Sovereign Lord the King the sum of

EIGHTY POUNDS

of good and lawful money of Great Britain, to be made and levied of his goods and chattels, lands and tenements, respectively, to the use of our said Lord the King, his Heirs and Successors, if Hilda Rickards and Oscar Rickards shall fail in the condition indorsed.

[Signed] Eric Rickards.

Taken and acknowledged, the day and year first above mentioned, at North Sydney in the said State, before me.
[Signed] Aubrey Mowle, JP.

The condition of the within written Recognizance is such, that whereas one Arthur Medina was this day charged before CN Payten Esquire a Stipendiary Magistrate for the Metropolitan Police District in the said State, and one of His Majesty’s Justices of the Peace for the said State, for indecently assaulting a male person, [attempting to carnally know one Hilda Rickards].

If, therefore, Hilda Rickards and Oscar Rickards shall appear at the next Court of Gaol Delivery to be holden at Sydney in and for the State of New South Wales, on Monday the 13th day of May 1904, at nine of the clock in the forenoon, and then and there give such evidence as they know, upon and information to be then and there preferred against the said Arthur Medina for the offences aforesaid, to the jurors who shall pass upon the trial of the said Arthur Medina.
Then the said Recognizance to be void, or else to stand in full force and virtue.

[Signed] Aubrey Mowle, JP.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Central Criminal Court,
Sydney.
30th May 1904
AG’s No. 04/180 No. 110
Depositions.
CS’s No. 10
Regina Rex
v.
Arthur Medina
1. Attempt to carnally know a girl under 14 years if age
2. Indecent assault on a male
Committed at: North Sydney
on: 19th May 1904

~ ~ ~ ~ ~

Court.
Date. 3.6.04
Cor. Simpson Judge & jury
Plea.
Verdict. Not guilty on 1st count; not guilty on 2nd count.
[Initialled] TR
Judgment.
T Rolin [Crown Prosecutor]
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.

~ ~ ~ ~ ~

1. Attempt to carnally know a girl under 14.
2. Indecent assault on a girl under 14
[Signed] Hugh Pollock [Solicitor General]
Can evidence be produced to show that accused drove an ice cart as described?

~ ~ ~ ~ ~

The Daily Telegraph, Sat 4 Jun 1904 5

CENTRAL CRIMINAL COURT.
(Before Mr Justice Simpson 6 and juries.)

    Mr T Rolin prosecuted on behalf of the Crown
…

CHARGE OF ASSAULT.

    Arthur Medina, a young man, pleaded not guilty to a charge of having, on March 27 last, at Neutral Bay, committed a serious assault. Mr ER Abigail appeared for the defence.

    A good deal of evidence was taken on behalf of the Crown. Accused [Arthur Medina] made a statement from the dock to the effect that he was at home at the time of the alleged assault.

    The jury returned a verdict of not guilty, and accused was discharged.

~ ~ ~ ~ ~

Evening News, Sat 4 Jun 1904 7

BREVITIES.
———◦———

    At the Central Criminal Court, Darlinghurst, a young man named Arthur Medina was acquitted of a charge of assault, and discharged from custody.

~ ~ ~ ~ ~

The Sydney Morning Herald, Sat 4 Jun 1904 8

CENTRAL CRIMINAL COURT.
(Before Mr Justice Simpson.)

ACQUITTAL.

    Arthur Medina, a young man, pleaded not guilty to a charge of having, on March 27 last, at Neutral Bay, committed a serious assault upon a girl aged 11 years and 8 months. Mr ER Abigail appeared for the defence.

    Evidence for the prosecution was given by the girl and her younger brother, the mother of the children, and Constable McDonald.

    For the defence accused [Arthur Medina] made a statement from the dock. He said that on March 27, at the time the alleged offence was committed, he was at home preparing for a camp. He felt ill during the afternoon, and went to sleep on his bed. He woke about 5.30 pm, and at night went out until 10 o’clock. He had never used any violence to the girl or any other girl in his life.

    Arthur Allney, who resided with accused, gave corroborative evidence.

    The jury acquitted the accused, and he was discharged.

    The Court adjourned until Tuesday at 10 am.

 


1     The North Shore and Manly Times, Sat 21 May 1904, p. 6.

2     SRNSW: NRS880, [9/7063], Supreme Court, Papers and depositions, Sydney, Jun 1904, No. 110. Emphasis added.

3     Mn: See amended list of dates

4     Four ‘Recognizance to give Evidence’ were found in the file these have been combined into two.

5     The Daily Telegraph, Sat 4 Jun 1904, p. 18. Emphasis added.

6     Judge Simpson’s notes (SRNSW: NRS7676, [2/6718]) are illegible.

7     Evening News, (Sydney, NSW), Sat 4 Jun 1904, p. 4.

8     The Sydney Morning Herald, Sat 4 Jun 1904, p. 6. Emphasis added.