Windsor and Richmond Gazette, Sat 11 Mar 1905 1
WINDSOR POLICE COURT.
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March 3.—Before Mr Wilshire, PM.
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(Before the PM and Messrs D Holland,
D Mayne, and T Primrose, JsP.)
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A CHARGE OF BESTIALITY.
Herbert Brooks, on remand, was charged with a bestial offence.
On the application of Senr-sergt Boyd the case was heard with closed doors.
Mr Walker appeared for accused.
Constable [George] Copas deposed to arresting accused on 24th February, from information received.
It was agreed to alter the charge to substitute the word “horse” for “mare.”
Mr Walker then raised the point that the boy had been illegally in custody.
The PM said they were not going to be mixed up in that way.
Mr Walker persisted. It was, he said, a serious case for his client—life, or not less that [sic] five years.
Mr Primrose sided with Mr Walker.
The PM said he was going on with it.
Mr Walker: But there’s a disagreement.
Witness continued: Accused made no reply to the charge on being arrested; have known accused some time; his age is over 17; he is generally employed by ‘bus drivers.
Sidney John Roland Upton, laborer, of Newtown (Windsor) deposed: On 22nd February I saw accused in front of my residence, between 3 and 4 o’clock; when I first saw him he was driving some gentlemen up towards the Grammar School in a sulky; afterwards saw him coming back towards Windsor; when nearly opposite my gate he turned off the main road into the bush; took no more notice till I saw two gentlemen looking into the bush; saw the accused, who had the horse out of the sulky. (Witness here described what took place.) Looking round, accused saw me; he then put the horse in and drove away; I was between 70 and 100 yds off; it was a dark brown horse.
Mr Walker submitted witness to a frightfully rough cross examination to test his credibility. The Bench were frequently protesting. The evidence, however, was corroborated by the two men, Henry Marriott and Frank Ranger—two strangers, who had come up by the train and were on their way to Berkshire Park at the time. They were both perfectly satisfied that the boy was doing wrong.
Accused reserved his defence.
Mr Walker agreed that a prima facie case had been made out, but he said certain facts might be brought with regard to the case.
Committed for trial at Parramatta on April 10. Bail—self in £20, and two in £20.
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The Cumberland Argus and Fruitgrowers’ Advocate, Wed 12 Apr 1905 2
PARRAMATTA QUARTER SESSIONS.
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(Before Mr Acting Judge RJ Browning.)
Monday, April 10.
Mr AF Dawson acted as Crown Prosecutor, Mr James Watt, CPS, as Clerk of the Peace, and Mr DD Henderson, JP, as Deputy Sheriff.
The Acting Judge announced that he held the commission of his Excellency the Governor to preside as chairman of Quarter Sessions and judge of the District Court.
A juror was, on his application, excused from attendance, on the ground of deafness.
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A WINDSOR CASE
Herbert Brookes [aka Brooks] was charged with an offence alleged to have been committed on 22nd February, at Windsor, and pleaded not guilty. Mr Walker, solicitor, appeared for accused, a boy of apparently about 18 years of age. Women and boys under 21 were ordered to leave the Court.
Sydney John Roland Upton stated that he was a labourer, living at Windsor. Knew the accused. Believed he belonged to Windsor. The witness gave evidence against the accused.
To Mr Walker: The police came to witness on the Friday after the offence, which was on the Wednesday. Did not get a threatening letter from accused’s mother.
To his Honor: They might have gone over to the boy, to make certain who he was. Did not want to have anything to do with the case.
Frank Ranger, cab-driver, Darlinghurst, remembered the occasion in question, and was in Windsor with his stepfather, Marriott. Saw Upton as described. Upton said, “Look, look into the bush.” Witness had a gun, and fumbled for a cartridge, and thought it was a hare. Could not swear that it was the accused, who was a stranger to him.
Constable George Copass, [sic] stationed at Windsor, stated that he knew accused, who lived with his parents at Windsor. Arrested him in Windsor on 24th February. Read the warrant to him. He said, “I didn’t do it.”
For the defence—
Herbert Brookes, the accused, stated that he was in the employ of a coachbuilder at Windsor. There was ill-feeling between accused and Upton. Upton had threatened to hang accused, because he “put Upton’s child away” for stealing money. Meant that he gave information about the child. Upton chased accused with a whip, and said he’d hang him before 12 months were up. There was a quantity of ti-tree scrub about the place; witness had come through some.
To his Honor: Had been in his present employ as driver for three months. Was 17 years of age. His father was a farmer.
Frederick Hagger stated that he was employed at the same livery stables as accused. The accused was a good and honest boy.
Susan Molloy gave evidence as to there being ill-feeling between accused’s family and Upton. She believed that a false charge was being brought forward, out of motives of revenge.
The jury brought in a verdict of not guilty, and accused was discharged.
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The Cumberland Times, Thu 13 Apr 1905 3
QUARTER SESSIONS.
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The sessions were opened at Parramatta, on Monday, before Acting-Judge Browning. Mr Dawson prosecuted for the Crown.
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Herbert Brooks (17) was acquitted on a charge of committing an unnatural offence [of bestiality ] at Windsor, on February 22.
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Windsor and Richmond Gazette, Sat 15 Apr 1905 4
RIVERSTONE.
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At Parramatta Quarter Sessions on Monday, Herbert Brooks, on a charge of beastiality, [sic] and George Gardiner, for inflicting bodily harm, were both acquitted.
1 Windsor and Richmond Gazette, Sat 11 Mar 1905, p. 7. Emphasis added.
2 The Cumberland Argus and Fruitgrowers’ Advocate (Parramatta), Wed 12 Apr 1905, p. 2. Emphasis added.
3 The Cumberland Times (Parramatta), Thu 13 Apr 1905, p. 5.
4 Windsor and Richmond Gazette, Sat 15 Apr 1905, p. 4. Emphasis added.