The Maitland Daily Mercury, Wed 6 Apr 1904 1
THE CIRCUIT COURT.
The April sittings of the Maitland Circuit Court opened this morning at East Maitland before his Honor Justice Owen. Mr CE Manning was the Judge’s Associate and Clerk of Arraigns. Mr CEB Maybury, the Sheriff, was present. Mr JB Peden prosecuted for the Crown, and with him was Mr Hamilton, of the Crown Solicitor’s Office. The barristers present were: Messrs R Cowan, W Tighe, JC Gannon, and R Windeyer. The solicitors at the court were: Messrs RW Thompson, JHF Waller, WA Reid, JR Carlton, WJ Enright, F Hooke, and Macartney Abbott. Mr EAL Sharpe, PM., Mr DG D’Arcy (acting governor of the gaol), and Superintendent Cotter were also present.
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The Maitland Daily Mercury, Tue 12 Apr 1904 2
THE CIRCUIT COURT.
…
ALLEGED UNNATURAL OFFENCE.
James Wilson and Robert Williams were charged with having, at Cardiff, on March 6, 1904, committed an unnatural offence, [bestiality with a goat]. Matthew James Williams was charged with aiding and abetting, the other accused.
James Wilson is 16 years old, Robert Williams 14 years, and Matthew James Williams 13 years and 9 months.
They pleaded not guilty, and were defended by Mr Edmunds, instructed by Messrs Sparke and Millard.
The Crown ordered one juror to stand aside.
The question of age was referred to by his Honor.
The Crown Prosecutor said the law recognised the disability of a boy under 14, and so the younger lad had been indicted as a principal in the second degree.
The Crown Prosecutor said the Crown case was that James Wilson attempted or actually did commit the offence. The other two aided and abetted. Robert Williams being over 14, he could be charged the same as he would if he had actually committed the offence. The third boy was under 14, and, therefore, could not be so charged.
Vincent Robertson, a boy of 12, gave evidence, but not on oath. He said he did not know what the consequences of telling an untruth, after taking an oath, would be. He on ly knew the he ought to tell the truth when he kissed the Bible. Witness, the three accused, and other boys were at the old railway station at Cardiff on March 6. They caught a goat, James Wilson saying “We’ll have a bit of fun.” Witness described what subsequently took place. A man came, and they ran away.
William Williams, 13, was sworn. He said only one accused—Robert Williams, his brother—was related to him. They lived at Cardiff with their widowed mother. He corroborated what Robertson had said in the main particulars.
Alfred Barks, 11 years, gave evidence not on oath. He, too, knew not the consequences resulting from untruthfulness.
His Honor said probably the boys thought the question was connected with some punishment he might inflict. However, repeated questioning did not elicit from the boys an answer that would suggest a knowledge of the spiritual side of the matter. The utmost they could be got to say was that they knew they had to tell the truth.
Constable [William Henry] McMinn, of Cockle Creek, gave evidence; and statements made by Robert Williams and Matthew Williams were put in and read. The two boys are not related one to the other.
Frances Williams, a widow, living at Cardiff, said her son Robert was 14 on January 10. He had always been a good boy, and attended church and Sunday-school.
The lad broke down and cried while his mother was giving evidence.
This was the case for the Crown.
For the defence,
James Watt, of Cardiff, had seen some boys playing with a goat. They were doing nothing wrong when he noticed them.
(Case proceeding).
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The Maitland Daily Mercury, Wed 13 Apr 1904 3
THE CIRCUIT COURT.
(Before his Honor Justice Owen.)
Tuesday, April 12.
The business of the court had not concluded when our report closed yesterday.
ALLEGED UNNATURAL OFFENCE.
The charge being investigated was that against James Wilson, 16, and Robert Williams, 14, of having, at Cardiff, on March 6, 1904 committed an unnatural offence. Matthew James Williams, 13 years and 9 months, was charged with aiding and abetting the other accused.
Mr Edmunds, instructed by Messrs Sparke and Millard, appeared for the defence.
The father of of [sic] James Wilson said his son was (?) 15 years and 9 months old. He was a well behaved lad, and was receiving instruction in physical science at the Newcastle Technical College.
Mary Williams, mother of Matthew James Williams, said there never had been a complaint against her boy’s conduct from anyone.
Robert Williams was also a well-behaved lad.
Certificates of character were put in.
Council addressed the jury, and his Honor summed up.
The jury retired at six minutes to 6, returned in (?) minutes with a verdict of not guilty against all the accused. They were then discharged.
The jury—as also previous juries—thanked his (?) and the officers of the court for the treatment extended to them.
His Honor delivered the goals of East Maitland, (?) and Singleton, and the court adjourned sin die.
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Newcastle Morning Herald and Miners’ Advocate, Wed 13 Apr 1904 4
MAITLAND CIRCUIT COURT.
———◦———
Tuesday, April 12.
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(Before His Honor Mr Justice Owen.
————
The court was re-opened at 10 am.
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…
ALLEGED SERIOUS OFFENCE.
James Wilson, 15, and Robert Williams, 14, were charged with having, at Cardiff, on the 6th March, committed a serious offence. Matthew James Williams, 13, was charged with having aided and abetted the other lads in committing the offence. The three lads pleaded not guilty, and were defended by Mr Walter Edmunds, instructed by Messrs Sparke and Millard. After hearing evidence, and the addresses of counsel and his Honor, the jury retired at about 6 pm.
The jury returned into court with a verdict of not guilty, and the boys were discharged.
The Court adjourned sine die.
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The Maitland Weekly Mercury, Sat 16 April 1904 5
THE CIRCUIT COURT.
————
(Before His Honor Mr Justice Owen.)
————
…
ALLEGED UNNATURAL OFFENCE.
James Wilson and Robert Williams were charged with having, at Cardiff, on March 6, 1904, committed an unnatural offence. Matthew James Williams was charged with aiding and abetting the other accused.
The jury retired at six minutes to 6, returned in 15 minutes with a verdict of not guilty against all three accused. They were then discharged.
1 The Maitland Daily Mercury, Wed 6 Apr 1904, p. 5.
2 The Maitland Daily Mercury, Tue 12 Apr 1904, p. 3. Emphasis added.
3 The Maitland Daily Mercury, Wed 13 Apr 1904, p. 7. Emphasis added. Some text illegible because of tied left hand margin binding.
4 Newcastle Morning Herald and Miners’ Advocate, Wed 13 Apr 1904, p. 6.
5 The Maitland Weekly Mercury, Sat 16 April 1904, p. 11.