Arthur Atkinson, 1898
Below also see: Arthur Henry Atkinson, 1904,
Arthur Henry Atkinson, 1916
Singleton Argus, Thu 10 Nov 1898 1
LOCAL NEWS.
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TEACHER’S APPOINTMENT.
Mr Arthur Atkinson, fourth son of Mr Henry Atkinson, of Warkworth, has been appointed teacher—under the Department of education—at Utungan, Macksville Taylor’s Arm, on the Nambucca River, and to which place this young gentleman has proceeded. Mr Atkinson is to be congratulated upon the appointment.
Arthur Henry Atkinson, 1904
School file of teacher, Arthur Henry Atkinson, Feb 1904 2
Provisional School
Kindee
Long Flat
29th Jan 1904
Sir,
I have the honor to request you that I am absent from duty, being arrested on for indecent assault.
I have the honor to be,
Sir,
Your obedient servant,
[Signed] Arthur H Atkinson,
Teacher.
To,
WS Reay Esq,
Inspector of Schools,
Taree
Chief Inspector,
I recommend that no action taken in this matter until the results of the proceedings at the Police Court are known.
[Initialled] WR
4-2-1904
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Provisional School,
Kindee,
Long Flat
30th January, 1904
Sir,
I have the honour to make a conditional resignation, with you, from school duties, being under arrest for indecent assault until after my trial at Wauchope on Tuesday 9th prox, after which date, I apply to be re-instated into the serve in some other school of the State, should my innocence be proved.
I have the honor to be,
Sir,
Your obedient servant,
[Signed] Arthur H Atkinson,
Teacher.
To
WS Reay Esq,
Inspector of Schools,
Taree.
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Taree
31st January, 1904
Sir,
I wrote you a short notice the other day, Thursday 28th inst informing you that I had been placed under arrest for indecent assault I was taken from Ellenborough to Wauchope on Friday, 29th inst by Const Wilson, the arresting constable. At Wauchope I received a hearing by a bench of two J’sP on which a remand was granted until Tuesday, 9th February, & I was allowed out on bail in two sureties of £20 each, & self in £40.
I returned to Long Flat to get my bicycle & then I came direct to Taree to lay the whole case before you, so as to get your advice & also a solicitor. When I arrived here this morning I learned that you had not returned from Sydney, so I am obliged to write the whole case as far as I know it.
From information received, Const Wilson of Ellenborough proceeded to Mr G Hollis’s place of Kindee to ascertain if he knew whether there was any truth in it, as I have been informed that it was laid by a J.P. of the Up. Hastings (but I cannot take that for granted).
On Thursday morning (28th inst) the Constable interviewed Herbert Hollis on the matter, after which, I found out (afterwards) he came to school.
He told Constable Wilson that, on or about the 19th of November last, after dismissing the children I called him into school & then I asked him to “come & have some”
(over)
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to which he made no answer, & then he (Herbert Hollis) said I took down his trousers & committed no the offence, & he said further that, that was not the first time, but it had happened several times both at home & at school & at the water closet at the school; & when the Constable asked him, Why he did not tell his father? he said because he was afraid, that he had told his brother-in-law Alfred Eames & Mrs Eames his sister.
Now Sir the date specified was the time that the Whooping cough was amongst the school children, & in which case, I only had the Hollis children attending school.
At that time I never kept them in for punishment, nor did I in other ways detain them nor at any time tamper with their attire. In that week & for the weeks previous to, & after, I can state where & what I was doing. The 9th Nov being wet, I only had Herbt. Hollis & his brother present at school, & as it rained continually all day until, 3 o’clock, at which interval it ceased, but had signs of coming on again, I allowed them to go home, to give them a chance of getting home dry. As they were the only other children there, I cannot get any other children 5 for witnesses. But should any other dates be stated previously to the one specified, I can bring other children as witnesses, even girls up to 16 years of age. Herbert Hollis is was 12 years early in December last. He is has always had a great dislike for school & has always had a dislike for me.
After the Christmas Holidays, Mrs Hollis came to me after on the Monday morning, at Mrs J Harman’s place, & asked me if I could seek fresh lodgings, as the old house was tumbling down
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& that she was afraid to let the girls sleep in it, as she had taken my room into use, & had the house full; but she would gladly receive me back when she got the new house built, but she never said it was with this offence against me, that she wished me to remove from her place. I then got some silver, & paid her for some lodgings I owed her for, at which expressed her surprise & said that she thought that I had paid up before Christmas. She also said that I could have had her for it, at to which I replied that I always believed in honesty. She then had remarked, That she had always found me straight, honest & upright.
Sir I have now fully stated the circumstances as far as I know.
Public opinion on the Hastings river, of all who are acquainted with, even some of the boy’s married sisters, do conjointly believe me innocent of the offence, & sir I will now allow you, your own notion of the charge.
I am at present lodging at Long Flat hotel as I could not procure lodgings at any house on the school side of the river.
I have been off duty since noon on Thursday 28th inst & will remain from duty until after my trial is over (Trial day, Tuesday 9th February 24 & at Wauchope.
I have the honor to be,
sir,
Your obedient servant,
[Signed] Arthur Henry Atkinson,
Teacher
(Kindee Provisional School.)
To,
WS Reay Esq,
“Inspector of Schools,”
Inspector’s Office
Taree
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Taree.
1st February, 1904
Sir,
I wrote to you on 31st ult stating the nature of my offence, in which I explained the case as well as I knew it, but I made a mistake by stating that I had a “hearing” granted. All that passed was that the police evidence was taken, but I was not asked any questions concerning the affair.
In my conditional resignation, I asked to be removed, should my innocence be proved, but I shall leave that to your own option.
Trusting that I have explained matters clearly enough for you to understand.
I have the honor to be,
sir,
Your obedient servant,
[Signed] Arthur H Atkinson,
Teacher.
(Kindee Provisional School)
To,
WS Reay Esq,
“Inspector of Schools,”
Department of Public Instruction
Sydney.
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(a) Town. |
Letter from Bench of Magistrates at (a) Wauchope |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Regina v. (b) Arthur Henry Atkinson |
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(c) Offence. |
(c) Indecent assault upon a male person |
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(d) Town. |
Police Office, (d) Kempsey |
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10th February 1904 |
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Sir, |
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I have the honor, by direction of the Bench of Magistrates, |
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to transmit herewith the Depositions, and other documents in the |
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(e) Name of accused |
case of (e) Arthur Henry Atkinson |
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(f) “His” or “her” |
who has been committed to take (f) his |
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(g) “Circuit Court,” or |
trial at the (g) Quarter Sessions |
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to be held at (h) Port Macquarie |
on Thursday |
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(h) Town where Court |
the 17th day of March 1904 |
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The accused is has (i) been admitted to bail in the amount of £50 with two Sureties James Wallis Kirkmore of Long Flat, Farmer, and Joseph Harman in the sum of £25 each. |
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(i) “Is confined in the |
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(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) George Charley Wilson Constable of Police of Ellenborough, and George Hollis for the appearance of his children Albain Hollis, Adell Hollis and Herbert Hollis
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(l) Short description to enable identification. |
The Exhibits enclosed are (l) |
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I have the honor to be, |
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[Signed] W Burton Smith PM |
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The Under Secretary, |
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The Attorney General's Department. |
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N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates |
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4g 201-90 |
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NEW SOUTH WALES POLICE.
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North Eastern District,
Ellenborough Station.
Feb 9th 1904.
REPORT relative to antecedents of:—
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Name Arthur Henry Atkinson Const Geo C Wilson reports:— That previous too the above charge Atkinson born a good character being a School Teacher at Kindee about four miles from Ellenborough for the past three years. There are other charges of a similar nature which shall be proceeded with against accused when additional evidence can be collected. [Signed] Geo C Wilson The Supt of Police Forwarded Forwarded to the Clerk of the Peace |
THE SUPERINTENDENT OF POLICE.
[Signed] W[illiam] R[ichard] Beaver Esq
Clerk of the Peace
Sydney
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G. 341.
Police Charge, No. . . . . . . .
Photo ID: SRNSW 4346_a020_a020000103.jpg
Court of Petty Sessions.
Wauchope 9th February 1904
Arthur Henry Atkinson
Indecent assault upon one
Albain Hollis a male person of
Plea:— the age of eleven years
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(M. 11 & 12 Vic., Cap. 42).
Depositions of Witnesses.
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New South Wales
TO WIT. } Wauchope
The examination of George Charley Wilson of Ellenborough in the Colony State of New South Wales, Albain Hollis of Kindee: Adell [sic] Hollis of Kindee and Herbert Hollis of Kindee in the said Colony State taken Albain Hollis not on oath and taken on oath this 9th day of February in the year of Our Lord one thousand eight nine hundred and four at Wauchope in the Colony State aforesaid, before the undersigned, four of His Majesty’s Justices of the Peace for the said Colony State, in the presence and hearing of Arthur Henry Atkinson who is charged before us for that he the said Arthur Henry Atkinson on the or about the day month of October 1903 at Kindee in the said Colony State did commit an indecent assault upon one Albain Hollis a male person of the age of eleven years
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This Deponent George Charley Wilson on his oath, saith as follows:— I am a Constable of Police and reside at Ellenborough — I arrested the accused on the 28th January last and charged him with an indecent assault on one Albain Hollis; I said “did you ever remember keeping Albain Hollis back”; he said “I did on many occasions as his mother said he could wait and go home with me as he had nothing to do at home”; I said “did anything of an unnatural
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nature occur when you kept him behind” he said “No” — I conveyed him to the lockup. Accused is a School teacher at Kindee, he was boarding at Mrs Hollis’s, her house is about 2 miles from the school. — Accused is a single man—
By Mr Martin I have been stationed there, at Ellenborough, 4 months, accused bears a good character, was first informed of the matter about (6) six days before the arrest. A statement
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was made to me; I saw the boy Albain twice since the arrest and have had conversations with him.
[Signed] Geo C Wilson
Taken and Sworn at Wauchope this 9th day of February 1904 before:
[Signed] W Burton Smith PM
Duncan Bain JP
Angus Kennedy JP
Jas Summerville JP
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The Justices are of opinion that this witness does not understand the nature of an oath but is possessed of sufficient intelligence to justify the reception of the conduct & understand the duty of speaking the truth— [Initialled] WBS |
This Deponent Albain Hollis saith as follows:— I am 11 years of age and reside at Kindee. I know the accused, I went to his school, I have been going to school for 3 years. I remember something happening last year about two months before Christmas. I was at the school it was after school not long after the children had gone away. Than accused told me to stop to wait for him; he did nothing to my clothes, he used his “stinger”, he put it between my legs, he |
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placed me on the form, I was standing on the form, the accused unbuttoned my trousers, he placed his arms round my neck, he placed his stinger between my legs high up, he moved backwards and forwards, he kept it there about a couple of minutes; I discovered nothing about legs when he let me get off the form. The accused did it to me several times and had been doing it for two years — He boarded
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at our place, he had a room there — he did the same thing to me in his room. My “stinger” (?) “cock” I saw his cock many times, it was standing up. When he had finished my legs used to be wet, I never wiped or dried my legs nor did the accused — The accused asked me not to tell any one — I stood on a chair in his bedroom at night time — it was after tea, he did it more than once in the
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bedroom before last Christmas, he never did it after last Christmas; he did not hurt me. —
By Mr Martin — Mother told me I was 11 years old, I don’t know what age I told the Teacher I was — The accused opened the school, I have been going all the time he has been there, I never told my mother or father, I told my sister Mrs Eames; I told the constable what I knew, my mother and father
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[Initialled] WBS |
knew them and told me to go to school; I don’t know how many boys were at school about the two months before Christmas, I was caned once for playing the truant about 4 weeks before Chris[mas] the offence occurred in the school. My sister Adel was at school the day when the accused assaulted me, she went home and I stopped — My brother Herbert was at school and left for home before I did, I went home with the |
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accused soon after he did it to me directly after, he let the school go he shut and locked the door, my sister is a big girl I don’t know her age; four of my sisters went to school —
[Signed] Albain Hollis
Taken and Sworn at Wauchope this 9th day of February 1904 before:
[Signed] W Burton Smith PM
Duncan Bain JP
Angus Kennedy JP
Jas Summerville JP
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Adell Hollis on her oath saith as follows. I reside at Kindee with my parents, I am 19 years of age; I am a sister of Albain Hollis, I know the accused, he lived at my place, I know his room at our place, I saw Albain Hollis in his room about three months ago, it was about 9 o’clock at night; there was a light in the room, I was right at the door of the room, the door was shut; I could see through
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a crack in the door, the boy was standing with the teacher, he was on the floor, the accused was sitting on a chair, I didn’t see the boy standing on a chair, I saw the boy standing between the teacher’s legs; he was facing towards the teacher, the boy had all his clothes on as far as I know, the accused had his arms round the boy and I saw him move backwards and forwards, I was watching them
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[Initialled] WBS |
but not for long, I left them in the position I have described. About three or four days after I questioned the boy and he told me something — I had a suspicion and went to the door, I could not see whether the accused’s trousers been were disarranged. The accused’s movements hadn’t stopped when I went away; I thought he would come to the door and I went away. I went to bed and said nothing to any one — |
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By Mr Martin:—
It occurred about 4 or 5 weeks before the accused went for his last holidays; I said nothing to any one other than the boy until I was questioned by the Police, I have a married sister she was married at the time; she didn’t live near us then —
By Bench: When I said that I saw the accused and boy together in the room about three months ago I meant about three months before Christmas.
I never spoke to
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the accused about the matter —
I left home in December about 14 days before Christmas
[Signed] Adell Hollis
Taken and Sworn at Wauchope this 9th day of February 1904 before:
[Signed] W Burton Smith PM
Jas Summerville JP
Duncan Bain JP
Angus Kennedy JP
Jas Summerville JP
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Herbert Hollis on his oath saith as follows
I am 13 years of age and live with my parents at Kindee and am a brother of Albain Hollis, I know the accused; I know that he kept my brother back at school often, I have heard accused say to my brother “will you wait for me” — I waited sometimes for him in the school and outside; nothing happened when I waited inside, accused
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would be writing mistakes; when I waited outside the doors and windows would be open, several times I didn’t wait and went home —
Often boys were kept back when they had mistakes — I never saw anything wrong taken place between accused and my brother —
By Mr Martin —
[Signed] Herbert Hollis
Taken and Sworn at Wauchope this 9th day of February 1904 before:
[Signed] W Burton Smith PM
Jas Summerville JP
Duncan Bain JP
Angus Kennedy JP
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G. 41.
Statement of the Accused.
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New South Wales
TO WIT. }
Arthur Henry Atkinson stand charged before the undersigned, four of His Majesty’s Justices of the Peace in and for the State of New South Wales, this ninth day of February in the year of Our Lord One thousand nine hundred and four for that he the said Arthur Henry Atkinson on the or about the month of October 1903 at Kindee, in the said State, did commit an indecent assault upon one Albain Hollis a male person of the age of eleven years and the examination 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 us the said Justices (by/or) before whom such examination has been so completed; and I one of the said Justices having also stated to the accused and given him clearly to understand that he has nothing to hope from any promise of favor, 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 Arthur Henry Atkinson, and the witnesses for the prosecution George Charley Wilson, Albain Hollis, Adell Hollis, and Herbert Hollis being severally examined in his presence, the said Arthur Henry Atkinson is now addressed by me the chairman as follows:– “Having hear 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 Arthur Henry Atkinson saith as follows:—Not guilty — reserve my defence
Taken before us, at Wauchope, in the said State, the day and year first abovementioned.
[Signed] W Burton Smith JP
Jas Summerville JP
Duncan Bain JP
Angus Kennedy JP
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G. 190.
New South Wales
TO WIT. }
Rex
versus
Arthur Henry Atkinson
Offence,—
The accused stands committed to take his trial at the next Court of Quarter Sessions to be holden at Port Macquarie in the State of New South Wales, on the 17th day of March 1904.
Bail allowed the accused in £50 and two sureties in £25 each, or one in £50
Signed] W Burton Smith JP
Duncan Bain JP
Angus Kennedy JP
Jas Summerville JP
Dated at the Police
Office, Wauchope
in the said State,
this ninth
day of February
A.D. 1904
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G. 50.
(S. 1.)
Recognizance of Bail.
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New South Wales
TO WIT. }
BE IT REMEMBERED, That on the ninth day of February, in the year of Our Lord One thousand nine hundred and four Arthur Henry Atkinson of Long Flat, Teacher, in the Colony State of New South Wales, James Wallis Kirkman, of Long Flat, in the said Colony State, Farmer, and Joseph Harman, of Long Flat in the said Colony State, Farmer, personally came before me, the undersigned, one of Her His Majesty’s Justices of the Peace for the said Colony State, and severally acknowledged themselves to owe Our Sovereign Lady Lord the Queen King the several sums following (that is to say); the said Arthur Henry Atkinson the sum of fifty Pounds; and the said James Wallis Kirkman and Joseph Harman the sum of twenty five Pounds each, of good and lawful money of Great Britain, to be made and levied of their several goods and chattels, lands and tenements respectively, to the use of our said Lady Lord the Queen King, Her His Heirs and Successors, if they the said Arthur Henry Atkinson shall fail in the condition indorsed.
Taken and acknowledged, the day and year first abovementioned, at the Police Office, in the said Colony State, before me,
[Signed] W Burton Smith JP
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St. 193
[on the reverse of above is the following]
CONDITION IN ORDINARY CASES.
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The Condition of the within-written Recognizance is such, That whereas the said Arthur Henry Atkinson was on the ninth day of February instant, charged before William Burton Smith, Duncan Bain, Angus Kennedy, and James Summerville, Esquires four of Her Majesty’s Justices of the Peace for the said Colony State, with committing an indecent assault upon a male person if therefore the said Arthur Henry Atkinson will appear at the next Court of Quarter Sessions to be holden at Port Macquarie in and for the Colony State of New South Wales, on Thursday the 17th day of March 1904, at Nine of the clock in the forenoon, and then and there surrender himself into the custody of the Keeper of the Gaol there, and plead to such information as may be filed against him for or in respect of the charge aforesaid, and take his trial upon the same, and not depart the said Court without leave,—Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] W Burton Smith JP
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G. 42.
(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
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New South Wales
TO WIT. }
BE IT REMEMBERED, That on the ninth day of February in the year of Our Lord One thousand eight nine hundred and four George Charley Wilson a Constable of the Police Force Ellenborough in the Colony State of New South Wales, personally came before the undersigned, one of Her His Majesty’s Justices of the Peace for the Colony State of New South Wales, and acknowledged themselves himself to owe Our Sovereign Lady Lord the Queen King the sum of
FORTY POUNDS EACH,
of good and lawful money of Great Britain, to be made and levied on their his goods and chattels, lands and tenements, to the use of our said Lady Lord the Queen King, her his Heirs and Successors, if they he the said before-mentioned persons shall fail in the Condition indorsed.
Taken and acknowledged, the day and year fist abovementioned, at Wauchope in the said Colony State, before me,
[Signed] W Burton Smith JP
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[On the reverse of above is the following]
The Condition of the within-written Recognizance is such, that whereas Arthur Henry Atkinson was this day charged before William Burton Smith, Duncan Bain, Angus Kennedy, and James Summerville Esquires, four of Her His Majesty’s Justices of the Peace for the said Colony State, with Indecent assault upon a male person.
If therefore, they the before mentioned persons shall appear at the next Court of Quarter Sessions to be holden at Port Macquarie, in and for the Colony State of New South Wales, on the 17th day of March 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 Arthur Henry Atkinson for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Arthur Henry Atkinson.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] W Burton Smith JP
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G. 42.
(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
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New South Wales
TO WIT. }
BE IT REMEMBERED, That on the 9th day of February in the year of Our Lord One thousand eight nine hundred and four George Hollis of Kindee in the Colony State of New South Wales, personally came before the undersigned, one of Her His Majesty’s Justices of the Peace for the Colony State of New South Wales, and acknowledged themselves himself to owe Our Sovereign Lady Lord the Queen King the sum of
FORTY POUNDS EACH,
of good and lawful money of Great Britain, to be made and levied on their his goods and chattels, lands and tenements, to the use of our said Lady Lord the Queen King, her his Heirs and Successors, if they he the said before-mentioned persons Albain Hollis, Adell Hollis and Herbert Hollis shall fail in the Condition indorsed.
Taken and acknowledged, the day and year fist abovementioned, at Wauchope in the said Colony State, before me,
[Signed] W Burton Smith JP
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[On the reverse of above is the following]
The Condition of the within-written Recognizance is such, that whereas Arthur Henry Atkinson was this day charged before William Burton Smith, Duncan Bain, Angus Kennedy, and James Summerville Esquires, four of Her Majesty’s Justices of the Peace for the said Colony with Indecent assault upon a male person.
If therefore, they the before mentioned persons shall appear at the next Court of Quarter Sessions to be holden at Port Macquarie, in and for the Colony State of New South Wales, on the 17th day of March 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 Arthur Henry Atkinson for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Arthur Henry Atkinson.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] W Burton Smith JP
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KINDEE
04/6468.
DEPARTMENT OF THE ATTORNEY GENERAL
AND JUSTICE,
Sydney, 2nd May, 1904
Forwarding copy of Judges notes
taken at trial of teacher, AH Atkinson.
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Pay Eleven Shillings |
Sir, Referring to your blank cover communication of the 12th ultimo, applying for the Judge’s notes taken at the trial of Arthur Henry Atkinson (Teacher, Provisional School, Kindee,) at the Quarter Sessions, Port Macquarie, on the 17th March last, for indecent assault, I have the honor to forward, herewith, a copy of the Notes referred to, which, it will be observed, has been marked by the Acting Judge “Private and confidential”. The cost of the copy is 11/-, which amount it is requested you will be so good as to forward to this Department as early as possible. I have the honor to be, The Under Secretary |
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DEPARTMENT OF PUBLIC INSTRUCTION.
Grafton District.......................................................................................... Taree Section.
Memorandum from . . . . . . Inspector to . . . . . The Chief Inspector.
Asking for copy of the
depositions on the case of
AH Atkinson
KINDEE
Case of AH Atkinson Former Papers forwarded to Head Office on 4th February last.
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The Acting Clerk of the Peace [Initial illegible]
[Initialled] JDB
Approved [Initialled] JLI |
I beg to report that the charge against AH Atkinson of having committed an indecent assault on one of his male pupils, Albain Hollis, was heard at the Port Macquarie Quarter Sessions to-day, 17th March. At the conclusion of the Crown Case, the jury, without leaving the box, returned a verdict of “Not Guilty” and the accused was discharged. [Signed] W[illiam] S[hakespeare] Reay,
Under Secretary Recommend that before action be taken in this case the depositions be obtained from Justice Department [Initialled] JDB The Under Secretary Dept of Attorney General & of Justice Kindly forward copy of depositions in this trial shall be glad if this matter is treated as urgent. [Initial illegible] 24-3-1904 |
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17.3.1904
Private & Confidential
04/6468
Port Macquarie Quarter Sessions.
Arthur Henry Atkinson
Indecent assault on a male person. (Albain Hollis) 3 counts.
On 25th September, 25th October, 25th November.
Browning for Crown.
Boyce for accused.
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Cross examined
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George Charles Wilson Constable Ellenborough, nearest station to Kindee. About three weeks before the 28th January received information in case 2 [of Herbert Hollis] afterwards made inquiries, and then saw Hollis the father, and other members of the family. The accused was away teaching. The holidays closed on the 16th January I only commenced after the 16th. On 28th January I saw accused I told him I arrested him on the charge. I cautioned him he was very much upset. Accused said that’s not the lot, there’s something else, and this is the way they are getting at it. I said Do you remember keeping Albain Hollis back? He said on many occasions, as his mother said he could wait and go home with me as he had nothing to do at home. He said nothing of an indecent nature ever occurred. On many occasions he had kept him back for punishment, instead of administering corporal punishment. He said When I was leaving Mrs H’s she said she had always found me honest, straightforward, and respectable, that was when I went to pay her for some board. She said I had already paid before Xmas.. I then brought him to the lockup. [Some hand-written text cross-out her and illegible] When I came 5 months before to Ellenborough, accused was school teaching, and living with the Hollis’. I arrested him on the 28th. Not a very large place, everyone knows everyone’s business. Accused good character. School about 2 miles from house, about 18 or 19 boys and girls in the school on the day of arrest. Albain Hollis, and Herbert Hollis both there. Albain Hollis. Am 11 years old, being going to school about 3 years, at Kindee, about half a mile walk. I identify accused as teacher. He did something wrong to me. He used his thing. Q. What does that mean? Ans I don’t know. He used it in the school when the other boys and girls had gone home. He put his thing between my legs. I was standing up as I now am on a form. I was wearing trousers fastened with buttons in front like the man’s. He used to undo them. He was standing up face to face. He used to hold me round the back. He used to shove his cock forward, that is the same thing as the sting. It was between my legs, more than once he did it. His body was moving. I don’t know what happened when he stopped. His trousers were open. He did this to me nearly every evening. I told Mrs Eames first. It was before the Xmas holidays, besides Mrs Eames I told nobody. Have a sister Adele. She was away at Pappin. I don’t remember when my sister was at the Manning. I also told Adele, at different times, and about different times. He also did it in his room at home. That was the first year he came here, he did it more than once in the bedroom. I can’t say how often. Also the second year. He did it at the school first. He had been about three months at the school when he first did it. He never |
2
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Cross examined |
He never said anything to me. He used to be talking to me often. I have seen his sting or cock a good few times. I don’t know what religion is. I have never heard of God. I don’t where good people go, or where bad people go. He did it to me 2 months before the Xmas holidays. He did it nearly every evening after school. I was kept in now and then. I have four sisters and a brother there, some of us had to wait. I got caned pretty often. I got four cuts for playing the truant. I got four cuts for telling lies. I was getting the cane pretty often. When he did it in the bedroom at our house. I stood on the form, there was no form in the room it was a chair. I was sometimes between the teacher’s legs, sometimes on the bed. I and my brother did not go into his bedroom to get help with our lessons. I’ve been in to get help with a sum. He did not do this to me nearly every time he kept me in. I don’t know what nearly means. At the police court I mentioned an instance besides the one two months before. I don’t know whether I did or not mention more than one. I don’t know when Mrs Eames went away. Don’t know if she has been at our house within the last 12 months. I never told my father or my mother. I told the constable. I went back to school all the same, and was there on the 28th when the accused was arrested. Only caned once for playing truant. I was often caned on the hand. Depositions tendered by the Crown Prosecutor but not admitted. Adele Hollis. I live with my parents at Kindee. I am 19. I am not at home now I was away in service part of 1903. I left in May and last went home. I took another position in December. I was at home from May to December. That is the first time that I met the accused at our house. I remember my brother making a complaint to me. That was about a month after I came back. It was in the morning. When the complaint was made I in my mother’s room. I was making the beds, a little after breakfast. We breakfast about 7. It was while I was making the bed that he Albain made the complaint. I understood what he said, I said nothing about it to anyone. I saw nothing myself for about three months afterwards. The accused one evening was sitting in his own room, on a chair, there was a crack in the door, I could see through. The little boy was standing up close to him between the accused’s legs, fronting him. The accused was dressed. He had his school clothes on. It was after ten. I went away from the door then. I saw nothing more. I saw nothing wrong. He was doing no harm so far as I saw. The teacher moved to get off the chair. I remember what I said at the Police Court, and evidence I gave then. (Mr Browning proposed to show the witness her depositions. Mr Boyce objected on the grounds that the accused said that she remembered what she had sworn at the Police Court. The depositions were shown to me, and there appeared to be a serious discrepancy. Mr Browning proposed to show the depositions, and then asked her if she still said she remembered it. Mr Boyce objects. I allow the depositions to be shown to witness). My memory having been refreshed I say I did not remember what I had said at the Police Court. What I said in there was true. As to the prisoner’s arms, they were round the boy’s body. The movements on the prisoner’s body were backward and forward movements. While the movements were |
3
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Cross examined |
going on the accused’s arms were round the boy. The boy’s legs were against his legs. The little boy’s legs were between the accused’s. The prisoner’s hands were behind the boy. This was about three months before Xmas. I was at Wauchope when accused was arrested I was looking for about a minute the door was shut. There was a light in the room. It was on the ground floor. I was watching about one minute. I never told my father not my mother. Mrs Eames was at Pappin. I am quite clear what I saw was in the house, about three months before Xmas. The backward and forward movements stopped when I went away. The accused was still holding the boy when I went away. Herbert Hollis. I was at the school kept by the accused. Albain came with me to school. We had to come back together generally. I was pretty often kept back, sometimes twice, and sometimes once in the day. I remember my little brother being kept back less often than I was. I never saw anything wrong between the teacher and my brother. Verdict. Not Guilty. The above is a sum up of the notes taken by me on the Trial of the above named Arthur Henry Atkinson. [Signed, Judge] J Armstrong |
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KINDEE
No. 18492
1904
Question of payment
of Salary to Mr Atkinson
during his absence.
Mr Atkinson has been acquitted of the charge preferred against him, and as it has been decided to appoint him to another school, I recommend that he be paid salary for the period during which he was absent from duty.
[Signed] JD Bradley
Acting Deputy Chief Inspector
The Under Secretary
BC 6-5-1904
Submitted [Initialled] FB 6-5-1904
Approved [Initialled] JP 7-5-1904
Inform Accountant [Initialled] RB 9-5-1904
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Inform W Armstrong (who heard the case) of request made by the Under Secretary for Public Education, and ask him if he can supply a copy of his notes in the case referred to [Initialled] GM W Armstrong Under Secretary Perusal of the said notes in this case cannot but reach a suspicion of wrong doing on the part of the teacher. However, as he now stands after trial acquitted of the charge preferred against him, it is only fair that this verdict should be accepted by the Department. His re-employment at Kindee or in the neighbourhood is of course out of the question. I therefore recommend that he be appointed to a similar school in another part of the State. [Initialled] JDB
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Re: Arthur Henry Atkinson The original Depositions are sent herewith as I understand the matter is urgent. Please return same to me when they have served your purpose. [Signature illegible] The Under Secretary The Under Secretary Will you be good enough to obtain a copy of the Judge’s notes of this trial and forward them to this Department at your early convenience. [Initialled] JDB
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c/o Mr WH Atkinson,
Rawson Estate,
Arncliffe.
21st April, 1904.
Kindee
Enquiring as to resumption
of duty, and asking Dept to
pay premium on his policy and
of salary due to him.
Sir,
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Mr Strong See Justice Dept
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I have the honour to ask you, whether the Minister for Public Instruction has given his decision to my case & also whether I should resume school duties? As I have not yet received my salary for the months of February & March, I humbly ask you whether the Department will transact the following business for me? I am insured in the Mutual Life Insurance Company of New York, in accordance with the Public Instruction Act . My half-yearly premium of £1-6-9 was due on the 4th inst, & as the Company allows 30 days grace, & I will not be able to pay it; Could the Department pay it out of my salary? I have the honor to be, To |
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The Port Macquarie News and Hastings River Advocate, Sat 6 Feb 1904 3
LOCAL AND DISTRICT NEWS.
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A young man named Atkinson was brought up at the Wauchope Police Court on Saturday last, charged with committing an illegal offence on a boy in November last. He was remanded till Tuesday week, bail being allowed.
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Clarence and Richmond Examiner, Sat 13 Feb 1904 4
At the Wauchope Police Court, Arthur Atkinson, a school teacher, was committed for trial for an alleged assault on a boy 11 years of age.
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The Port Macquarie News and Hastings River Advocate, Sat 13 Feb 1904 5
WAUCHOPE POLICE COURT.
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Tuesday, February 9, 1903. [sic]
Before the PM, and Messrs D Bain, A Kennedy, and Jas Summerville, J’sP.
Arthur Atkinson, school teacher at Kindee, was charged by the Crown with an indecent assault on a male person, to wit, Albain Hollis, aged 11 years, son of Geo Hollis, of Kindee.
Sergeant Crawley prosecuted on behalf of the Crown, whilst accused was defended by Mr LO Martin.
Constable [George C] Wilson stated that he arrested accused on receipt of certain information. Evidence as to the assault was given by Albain Hollis, his sister Adel Hollis, aged 19 years, and his brother Herbert Hollis, aged 13 years, but the evidence was of such a revolting nature that we cannot publish same.
The accused pleaded not guilty, but the Bench decided that a prima facie case had been made out, and committed accused to take his trial at the Quarter Sessions to be held at Port Macquarie on March 177, bail being allowed—self in £50, and two sureties of £25 each.
Another case against accused for a similar offence on Herbert Hollis was withdrawn.
The evidence adduced at the preliminary trial was very strong we believe. The Court was crowded, much interest being taken in the case.
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The Port Macquarie News and Hastings River Advocate, Sat 19 Mar 1904 6
QUARTER SESSIONS.
———
THURSDAY, MARCH 17, 1904.
Before His Honor, Judge Armstrong.
THE above Court opened as stated above. The members of the legal profession present were – Messrs RJ Browning (Crown Prosecutor), FS Boyce (Barristers), T Banks-Smith, WC Melville, LO Martin, and A Cowan (solicitors).
Messrs Jas Butler and F Hayward occupied seats on the Bench.
…
Arthur [Henry] Atkinson was charged with committing indecent assaults on a boy named Albain Hollis, at Kindee, on September 23, October 25, and December 25, 1903.
He pleaded not guilty, and was defended by Mr FS Boyce, instructed by Mr Martin.
The jury empanelled were—L Lindsay (foreman), G Parker, P Latham, H Bacon, C Lockton, F Herbert, Jas Hack, H Workman, JW Axelson, J Graham, junr, Jas Freeman, and W Cunning.
The evidence in this case was of such a nature as to be unfit for publication.
The arresting constable, George C Wilson, on oath, deposed to arrest. He had received information of the case early in January, and at once instituted inquiries, and saw the parents of the boy alleged to have been assaulted. He arrested accused, who was teacher of the Kindee Public School, on the 28th January, the latter seemed much upset, and denied the charge. He stated that he had kept Albain Hollis in after school hours to administer punishment, but nothing of an indecent nature had ever occurred.
By Mr Boyce – Accused bears a good character at Kindee. There are big boys and girls attending the Public School at Kindee. Both the Hollis boys were present at the school when I arrested accused.
Albain Hollis stated he was 11 years old, and had been attending school for three years under Mr Atkinson; the witness then described the nature of the assault, which, he said, was committed nearly every evening at the school. He had also been assaulted in the teacher’s bedroom at his mother’s place. The latter assault took place during the first year Mr Atkinson had taught at the Kindee school. He had been three years teaching him. He had never been assaulted in the bedroom during the last two years. Mr Atkinson had caned him pretty often for playing the truant, telling lies, and copying.
Adell Hollis, 19 years old, gave evidence that she had seen accused in the bedroom with her brother during the last three months before Xmas. She could not say, however, that anything wrong was taking place. It was about 8 o’clock at night and she saw it through a crack in the door.
Mr Boyce contended that as the girl swore that she had seen a certain thing transpiring in accused’s bedroom, and as the boy himself absolutely denied it, he would like His Honor to put the question to the jury as to whether they desired any further evidence to come to a decision.
His Honor put the question, and the foreman at once replied that the jury were decided on the innocence of the accused.
His Honor – I fully agree with the verdict.
Mr Atkinson was then released from custody.
We might mention that Mr Inspector Reay was present to bear testimony as to the excellent character borne by Mr Atkinson, and a member of the boy’s family, Mr Boyce announced, was also present with a similar object. All who heard the case were unanimous in their approval of the verdict. To all who knew him, there has been a firm belief in his innocence, and we are pleased that the cloud which hung over him unjustly for a few months has been dispersed. We may also deny a rumour that Mr Atkinson has been suspended; the Department held such a good opinion of him that he was granted leave of absence on full pay.
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The Raleigh Sun, Fri 25 Mar 1904 7
ACQUITTED.
————
At the Port Macquarie Sessions, an ex school teacher named AH Atkinson, who was committed for trial at the Wauchope Police Court in February on a charge of committing an indecent assault on a boy, was before the court. Judge Armstrong, at the opening of the case, ordered all women and youths to leave the court, and suggested that the adult males should do the same. Nearly everyone thereupon left the court, and the Judge observing a few remaining, remarked that there was no accounting for tastes! Mr RJ Browning prosecuted for the Crown, and Mr FS Boyce, instructed by Mr LO Martin (Taree), appeared for the accused, who pleaded not guilty. The alleged offence was stated to have been committed at Kindee, Upper Hastings, on one Albion [sic] Hollis, towards the end of last year. For the prosecution, evidence was given by Constable Wilson, Albain Hollis, and Herbert Hollis. This closed the case, and the accused’s counsel thereupon asked the Judge to direct the jury that they could not convict on the evidence. His Honor, however, said he could not do that, but he would tell the jury that it would be very unsafe to convict on the evidence before them, and stated that if the jury had already come to a conclusion favorable to the accused, they could say so. The foreman then announced that they found the accused not guilty, and he was then discharged.
Arthur Henry Atkinson, 1916
The Tamworth Daily Observer, Fri 4 Aug 1916 8
SERIOUS CHARGE.
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Accused Committed For Trial.
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Arthur Henry Atkinson (39), a school teacher was charged at the Tamworth police court yesterday before Mr H[orace] F[rederick] Roberts, PM, with having on July 18, at Gidley, 9 indecently assaulted Harry Pryor.
Mr AJ Creagh, of Messrs Creagh and Creagh, appeared for the prosecution, and Mr Theo England for the defence.
Accused was committed to take his trial at the Supreme Court sitting, which will be held in Tamworth on October 13.
Bail was allowed accused in £80, and two sureties in £40.
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Depositions for Arthur Henry Atkinson 16 Oct 1916 Tamworth trial 10
(a) Town. |
Letter from Bench of Magistrates at (a) Tamworth |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Regina v. (b) Arthur Henry Atkinson |
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(c) Offence. |
(c) Indecently assaulting a male person |
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(d) Town. |
Petty Sessions Office, (d) Tamworth |
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3rd August 1916 |
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Sir, |
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I have the honor, by direction of the Bench of Magistrates, |
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to transmit herewith the Depositions, and other documents in the |
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(e) Name of accused |
case of (e) Arthur Henry Atkinson |
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(f) “His” or “her” |
who has been committed to take (f) his |
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(g) “Circuit Court,” or |
trial at the (g) Supreme Court |
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to be held at (h) Tamworth |
on Friday |
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(h) Town where Court |
the 13th day of October 1916 |
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The accused is has (i) been admitted to bail Self in the sum of £80 with two Sureties, Seth Forge of Oxley, Farmer, and William Evans of Gidley, Farmer, in the sum of £40 each. |
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(i) “Is confined in the |
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(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) Francis Robert Llewellyn Condon, of Attune, Police Constable, William Marr Kennedy, of Tamworth, School Inspector, and William Evans of Gidley, Farmer for the witness Charles Henry Pryor, of Gidley, school boy.
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(l) Short description to enable identification. |
The Exhibits enclosed are (l) "A" Statement by Accused, "B" Complaint by School Children, and "C" Statement by Accused. |
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I have the honor to be, |
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[Signed] H[enry] T[homas] Adams |
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The Under Secretary, |
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Department of the Attorney General and of Justice. |
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N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates |
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4g 201-90 |
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Tamworth, 28th July 1916.
Arthur Henry Atkinson, school teacher at Gidley, states that on the 8th day of July 1916, I had Harry Pryor, against the desk of the school at Gidley with his fly open, and I had my person between his legs, I have been cautioned by Constable Condon and I make this statement of my own free will.
Witness: [Signed] TJ Tracey, 1st Class Constable
[Signed] Arthur H Atkinson.
Exhibit “A” R versus Atkinson indecent assault.
Police Court, Tamworth. 3rd August 1916.
[Initialled] G[ordon Wilfred] B[rown], Dep[osition] Clerk.
~ ~ ~ ~ ~
We the undersigned are prepared to swear that while attending Gidley Public School, the teacher, AH Atkinson had us and encouraged us to play with his person.
Albert Edward Quick.
Alfred Edward Quick.
George James Schipp.
Thomas John Schipp.
Exhibit “B” R versus Atkinson indecent assault.
Police Court, Tamworth.
3rd August 1916. [Initialled] G[ordon Wilfred] B[rown], Dep. Clerk.
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Teacher’s [Arthur Henry Atkinson] Statement.
26th July, 1916.
I have read the charge made against me by
Albert Edward Quick.
Alfred Edward Quick.
George James Schipp.
Thomas John Schipp. And all I can say is that it is true insofar as interfering with their persons and allowing them to interfere with mine.
So far as I can remember this practice began at Gidley in 1910 and has continued with other boys up to the present time.
I swear positively that beyond playing with their persons nothing worse has ever occurred between me and the boys. I knew at the time that I was doing wrong but being overcome at the time by my passion I must have been mad.
Witness [Signed] J William Kennedy, [School] Inspector
[Signed] Arthur H Atkinson.
Exhibit “C” R versus Atkinson indecent assault.
Police Court, Tamworth.
3rd August 1916.
[Initialled] G[ordon Wilfred] B[rown], Dep. Clerk.
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Police Department, Superintendent’s Office.
North Western District, Tamworth, 23rd September 1916.
The Clerk of the Peace, Sydney
Forwarded for information of the Clerk of the Peace.
[Signature illegible], Superintendent.
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Police Station West Tamworth.
16 September 1916.
Sergeant Doran, Tamworth
Subject:– Rex versus Arthur Henry Atkinson.
I beg to report the accused Arthur Henry Atkinson was liberated on bail, and is at present residing at Plumpton Rooty Hill. Mr England Solicitor who appeared for the accused at the Police Court Tamworth when interviewed stated that the accused Atkinson intends to plead guilty on arraignment.
[Signed] Thomas Vidler, 3rd Class Sergeant.
Superintendent Sykes, depot.
Will Mr Sykes please cause Atkinson to be seen to ascertain how he intends to plead.
[Signature illegible], Superintendent.
Tamworth, 16-9-16.
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Rooty Hill
19-9-1916
The Superintendent of Police Depot, Sydney.
I beg to report that I saw Arthur Henry Atkinson at Plumpton today, he stated that he intended to plead guilty on arraignment.
[Signed] Arthur H Merrett, 3rd Class Sergeant.
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The Superintendent of Police.
Tamworth.
Rex versus Arthur Henry Atkinson Supreme Court Tamworth.
Be good enough to let me know how the accused named above intends to plead on arraignment.
[Signed] WR Beaver, Clerk of the Peace, Sydney.
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NEW SOUTH WALES POLICE.
North Western District,
Tamworth Station.
18th August, 1916.
Report relative to antecedents of:–
Name: Arthur Henry Atkinson
Offence: Indecent assault on a male person
Committed for Trial at: Tamworth Circuit Court.
Date: 13th October, 1916.
I beg to report that at the time the alleged offence was committed, the accused was a school teacher employed by the Department of Education, at Gidley Public School, where he had been employed in that capacity for about nine years.
Gidley is a farming locality near Tamworth, and the accused was held in the highest esteem by the residents, who were his principal associates.
There are no convictions recorded against him, but on the 17th of March, 1904, at Port Macquarie, Quarter Sessions, he was tried for indecent assault on a male, and acquitted.
His finger prints were taken, and forwarded to the Fingerprint Bureau, but they are not known there.
[Signed] David Sinclair, 2nd Class Sergeant.
3
Depositions of Witnesses.
New South Wales, Tamworth
TO WIT. }
The examination of Francis Robert Llewellyn Condon at Attunga in the State of New South Wales, Police Constable, Charles Henry Pryor, of Gidley, school boy, and William Marr Kennedy, School Inspector, of Tamworth in the said State, taken on oath this 3rde day of August in the year of Our Lord one thousand nine hundred and sixteen at the Tamworth Police Office, in the said State, before Horace Frederick Roberts, Esquire, a Police Magistrate and one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of Arthur Henry Atkinson who was charged this day before the said Horace F Roberts, Esquire PM for that he the said Arthur Henry Atkinson on the 18th day of July in the year of Our Lord one thousand nine hundred and sixteen at Gidley in the said State, did indecently assault Harry Pryor, a male person.
4
Arthur Henry Atkinson.
Indecent assault.
Mr [T] England for Defence.
Mr AJ Creagh for the Prosecution.
Francis Robert Llewellyn Condon on his oath states:– I am a Police Constable stationed at Attunga. I know the accused, he is school teacher at the Public School at Gidley. About thirty children of both sexes attend that school. On the 27th July last I had a conversation with a lad named Harry Pryor. He is about 14 years of age, and I know he has attended the Gidley school. After that conversation, I saw the accused on the same day. I said to the accused, “I hear that you have been conducting yourself in a very improper manner with a boy attending the school. Accused said, “Yes, one lesson should have been enough for me.” Mr Kennedy, (meaning the school Inspector) was here today and I admitted my guilt.”
I then cautioned the accused, and said to him “Did anything happen at the school, on the 18th July last, between you and a lad named Harry Pryor attending the school?” Accused said “Yes. I will tell you the truth. I had Harry Pryor against the desk with the fly of his pants open and my person between his legs.” I said to the accused, “Are you prepared to make a statement to that effect and sign it?” He said, “Yes.”
5
Exhibit “A”: [see above] I produce the statement referred to.
That is accused’s signature to the statement. I said to the accused, “How long has this game been going on?” He said “For about six or seven years.”
“The statement made by Quick boys and Schipp is quite correct.” I said, “Are there any other boys attending the school at the present time besides young Pryor towards whom you have behaved in the same manner?” He said “Yes.” (Objected to by Mr England). “But I don’t wish to make any statement about them and have their names and have their names exposed.” I then arrested the accused and brought him to the Attunga lock up and then to Tamworth, and charged him as he now stands charged. When charged accused made no reply.
To the Bench: I cautioned him before he made the statement. I told him that anything he said would be taken down in writing and may be used in evidence against him at his trial. He said he was quite willing for this to be done.
To Mr England: No questions.
[Signed] FRL Condon.
Taken and sworn at Tamworth this 3rd day of August 1916 before.
[Signed] Horace F Roberts, PM.
6
Charles Henry Pryor on his oath states:– My father is dead. I live with my mother at Gidley and I am fourteen years of age. I go to school at Gidley Public School where the accused is the Master. He is the only master there. I remember Tuesday fortnight, the 18th July being at school, after the other pupils had gone away, when I went to get my mail, accused rubbed my thing. Accused said to me, “Will you rub my thing?” He put me against the desk, undone the fly of my trousers, and put his tool between my legs. Before he did that accused undid his trousers. He started moving backwards and forwards. He afterwards let me go away. He had done the same thing to me on other times, in the school room. He had taken me up to his house, about a year ago was the last time I was at his house. When he rubbed his thing between my legs on the 18th July, there was no discharge from his person.
To Mr England: No questions.
[Signed] Charles Henry Pryor.
Taken and sworn at Tamworth, this 3rd day of August 1916 before.
[Signed] Horace F Roberts, PM.
7
William Marr Kennedy on his oath states:– I am Inspector of Schools and reside at Tamworth. The Gidley Public School is in my district. On the 26th July last a statement was made to me by the accused. The accused was the teacher at that school on the 18th and 26th July last. I produce a statement accused made to me on the 26th July last which I took down in writing. He signed it. (Exhibit “C”) [see above].
On that date I went out to school and saw the accused. There was only one child at school which I sent home and told accused that certain persons had made an accusation against, and I asked him if it was true. He said, “I am sorry to say that it is.” He admitted it quite simply.
To the Bench: The accused made the statement quite voluntarily, of his own free will. I made no threat or promise to him. I produce the paper (Exhibit “B” “C”) [see above] accused signed. I identify his signature on that statement. (Statement objected to by Mr England). I showed the accused the complaint before he made the statement. A written complaint by four boys, two Quicks and two Schipps.
Exhibit “B”: [see above] I produce the complaint.
To Mr England: Up till the admission of this accusation I thought there was no better officer so far as morales and character were concerned. When I got the accusation I did not believe it. Accused bears an excellent character, and I personally don’t know a man who has been so good to his parents, and has taken such a keen interest in their welfare. I know that regularly he takes a monthly ticket to Sydney so that he might go there to make their home better for them.
[Signed] William M Kennedy.
Taken and sworn at Tamworth, this 3rd day of August 1916 before.
[Signed] Horace F Roberts, PM.
8
(F. 2 – “Justices Act, 1902.”)
Statement of the Accused.
State of New South Wales, Tamworth
TO WIT. }
Arthur Henry Atkinson (hereinafter called the defendant) stands charged before the undersigned, Police Magistrate and one of His Majesty’s Justices of the Peace in and for the said State, this 3rd day of August, in the year of Our Lord one thousand nine hundred and sixteen for that he, the said defendant, on the 18th day of July 1916, at Gidley in the said State, did indecently assault one Charles Henry Pryor a male person and the said charge being read to the said defendant, and the witnesses for the prosecution, Francis Robert Llewellyn Condon of Attunga, Police Constable, Charles Henry Pryor, of Gidley, school boy, and William Marr Kennedy, of Tamworth, school inspector being severally examined in his presence, and (he having stated that he does not wish the depositions of the said witnesses to be 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:– “I have nothing to say.” [Signed] Arthur H Atkinson.
Taken before me and read over to the said defendant at the Police Court Tamworth in the said State, the day and year first abovementioned.
[Signed] Horace F Roberts, PM.
9
G. 190.
New South Wales, Tamworth
TO WIT. }
REX.
versus
Arthur Henry Atkinson
Offence,— Indecently assaulting a male person
The accused stands committed to take his trial at the next Court of Supreme Court to be holden at Tamworth, in the State of New South Wales, on the thirteenth day of October 1916, or at such other Court to be holden at such place and time as the Attorney-General may appoint. Bail allowed the accused in £80 and two sureties in £40 each, or one in £
[Signed] Horace F Roberts, PM
JP.
Dated at the Police
Office, Tamworth
in the said State,
this third
day of August
AD 1916
4g 416 - 88
10
Recognizance of Bail on Committal for Trial.
State of New South Wales, Tamworth
TO WIT. }
Be it remembered, that on the 3rd day of August, in the year of Our Lord one thousand nine hundred and sixteen, Arthur Henry Atkinson of Gidley, in the State of New South Wales, school teacher, Seth Forge of Oxley in the said State, farmer and William Evans of Gidley in the said State, farmer personally came before me, the undersigned, one of His Majesty’s Justices of the Peace for the said State, and severally acknowledged themselves to owe Our Sovereign Lord the King the several sums following (that is to say); the said Arthur Henry Atkinson the sum of eighty pounds; and the said Seth Forge and William Evans the sum of forty pounds each, of good and lawful money of Great Britain, to be made and levied of their several goods and chattels, lands and tenements, respectively, respectively, to the use of our said Lord the King, his Heirs and Successors, if he the said Arthur Henry Atkinson shall fail in the condition indorsed.
[Signed] Arthur H Atkinson, Seth Forge, W Evans.
Taken and acknowledged, that day and year first above mentioned, at Tamworth, in the said State, before me.
[Signed] Horace F Roberts, PM.
CONDITION IN ORDINARY CASES.
The condition of the within written Recognizance is such, that whereas the said Arthur Henry Atkinson was on the 3rd day of August, 1916, charged before Horace Frederick Roberts Esquire, PM and one of His Majesty’s Justices of the Peace for the said State, with indecently assaulting Charles Henry Pryor, a male. If therefore the said Arthur Henry Atkinson will appear at the next Supreme Court to be holden at Tamworth in and for the State of New South Wales, on Friday the 13th day of October 1916, at nine of the clock in the forenoon, or at such other Court to be holden at such place and time as the Attorney General may appoint, of which such last mentioned Court the said Arthur Henry Atkinson shall receive due notice, and then and there surrender himself into the custody of the keeper of the gaol there, and plead to such information as may be filed against him for or in respect of the charge aforesaid, and take his trial upon the said, and not depart the said Court without leave:– Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] Horace F Roberts, PM.
11
“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Tamworth
TO WIT. }
Be it remembered, that on the 3rd day of August in the year of Our Lord one thousand nine hundred and sixteen Francis Robert Llewellyn Condon a Constable of the Police Force, stationed at Attunga in the State of New South Wales, William Evans of Gidley in the said State, farmer for Charles Henry Pryor of Gidley, in the said State, school boy and William Marr Kennedy of Tamworth in the said State, school inspector 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] W Evans, FRL Condon, William M Kennedy.
Taken and acknowledged, the day and year first above mentioned, at Tamworth in the said State, before me.
[Signed] Horace F Roberts, PM.
The condition of the within written Recognizance is such, that whereas Arthur Henry Atkinson was this day charged before Horace Frederick Roberts Esquire PM and one of His Majesty’s Justices of the Peace for the said State, for that he did indecently assault one Charles Henry Pryor, a male person.
If, therefore, they the before mentioned persons shall appear at the next Supreme Court to be holden at Tamworth in and for the State of New South Wales, on Friday the 13th day of October 1916, 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 Henry Atkinson for the offence aforesaid, to the jurors who shall pass upon the trial of the said Arthur Henry Atkinson.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] Horace F Roberts, PM.
~ ~ ~ ~ ~
Police Charge No. 237 of 1916.
Court of Petty Sessions, Tamworth
28th July 1916.
Arthur Henry Atkinson, (aged 39), who is charged for that on the 18th day of July 1916 he did at Gidley in the State of New South Wales, indecently assault Harry Pryor (a male person).
Pleads -----
Mr England appears for the accused.
Sergeant Sinclair asked for a remand till 3rd August, as accused was only arrested this morning.
Remanded till Thursday next, 3rd August 1916.
Bail allowed. Self in £50 with one surety in £50 or two sureties in £25 each.
[Signed] HT Adams, JP.
~ ~ ~ ~ ~
Recognizance of Bail on the Adjournment of the Hearing.
(Divisions 1 and 2, “Justices Act, 1902.” Sections 34 and 69.)
State of New South Wales, Tamworth
TO WIT. }
Be it remembered, that on this 28th day of July in the year of Our Lord one thousand nine hundred and sixteen, Arthur Henry Atkinson hereinafter called the defendant, of Gidley in the State of New South Wales, and his sureties Seth Forge of Oxley in the said State, farmer and William Evans of Gidley in the said State, farmer, personally came before me, the undersigned, one of His Majesty’s Justices of the Peace for the said State, and severally acknowledged themselves to owe Our Sovereign Lord the King the several sums of following, that is to say: the said defendant the sum of fifty pounds, and the said sureties the sum of twenty five pounds each, of good and lawful money of Great Britain, to be made and levied of their several goods and chattels, lands, and tenements respectively, respectively, to the use of our said Lord the King, his Heirs and Successors, if they the said defendant shall fail in the condition indorsed.
[Signed] Arthur Henry Atkinson, Seth Forge, W Evans.
Taken and acknowledged, the day and year first above mentioned, at Tamworth in the said State, before me.
[Signed] HT Adams, JP.
CONDITION.
The condition of the within written Recognizance is such, that whereas the within bounden defendant was on the 28th day of July 1916, charged before the undersigned, one of His Majesty’s Justices of the Peace for the said State, with indecently assault.
And whereas the hearing of such charge is adjourned until the 3rd day of August 1916, if therefore the said defendant shall appear on the last mentioned date, at ten o’clock in the forenoon, at the Police Office Tamworth in the said State, before such Justice or Justices of the Peace for the said State as may then be there, to answer further to the said charge, and to be further dealt with according to law, then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] HT Adams, JP.
~ ~ ~ ~ ~
No. B 14274
New South Wales, Tamworth
TO WIT. }
To Harry Pryor, of Gidley.
(Police versus Arthur Henry Atkinson, indecent assault on a male person)
You are hereby commanded that, all excuses being laid aside, you be and appear in your own proper persons before the Court of Petty Sessions, at the Tamworth Police Office, Tamworth on Thursday the 3rd August 1916 instant, at ten of the clock in the forenoon, and so from day to day as may be required of you, to testify all and singular what you know in a certain cause referred to in the margin hereof, now depending and undermined, then and there to be tried. And at your peril fail not.
Given under my hand and seal, this 28th day of July 1916.
[Signed] HT Adams, JP.
~ ~ ~ ~ ~
No. A 27607
Tamworth Police Office,
New South Wales,
TO WIT. }
In the matter of Police, Complainant,
versus
Arthur Henry Atkinson, Defendant.
You are hereby commanded, that all excuses being laid aside, you be and appear in your own proper person before the Court of Petty Sessions, at the Tamworth Police Office, Tamworth on Thursday the 3rd day of August 1916, at ten of the clock in the forenoon, and so from day to day as may be required of you, to testify all and singular what you know in a certain cause before referred to, now depending and undetermined, then and there to be tried. And take notice that you are hereby required to bring with you any produce and show to the said Court of Petty Sessions, on the trial or hearing of this cause, all deeds, assignments, instruments, books, papers, maps, plans, specifications, contracts, agreements, writings, letters, vouchers, receipts, books of account, accounts, account sales, bills of sale, notices to quit, or otherwise, also all affidavits, depositions, informations, warrants, summonses, documents or memoranda, and all drafts or copies thereof, respectively, in your possession, custody, control or power, relating to or in any wise concerning or which can or may afford any evidence or information respecting the matters in question in the said cause, and particularly a statement made to you by Arthur Henry Atkinson on the 26th day of July 1916, which you took down in writing and which was signed by the said Arthur Henry Atkinson.
Given under my hand and seal at Tamworth aforesaid, in the said State, this 28th day of July 1916.
To William Marr Kennedy, Esquire, Inspector of Schools, Tamworth.
[Signed] HT Adams, JP.
~ ~ ~ ~ ~
[On the depositions’ cover sheet is the following]
Supreme Court.
Tamworth
13th October 1916
AG’s No. 16/188
Depositions.
CS’s No. 2
Rex
v.
Arthur Henry Atkinson (Bail)
Indecent assault on a male person
Committed at: Tamworth
on: 3rd August 1916
~ ~ ~ ~ ~
Court. ------
Date. 16.10.16
Cor. Pring Judge.
Plea. -----
Verdict.
Judgment. 2 years hard labour
Joseph Carlos
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.
~ ~ ~ ~ ~
Indecent assault on a male
[Initial illegible]
11.8.16
Approved
[Initial illegible]
14:8:1916
Accused pleaded guilty. Witness countermanded.
~ ~ ~ ~ ~
Justice RD Pring’s notebook 11
6
[Tamworth Court, Monday 16 October 1916]
Arthur Henry Atkinson
18 July 1916 indecently assaulting a male person.
Plea guilty
Sentence 2 years hard labour in Grafton Gaol.
~ ~ ~ ~ ~
The Tamworth Daily Observer, Sat 14 Oct 1916 12
SUPREME COURT AT TAMWORTH.
Opens on Monday Next.
The following cases are set down for hearing at the Supreme Court, which opens in Tamworth on Monday:– Robert McLean, murder; Charles Coxen, uttering forged Australian notes, etc.; Arthur Henry Atkinson, indecent assault; Leslie Charles Scholes, larceny; James Wilson, having forged bank note in possession; Frank Phillip Shannon and Joseph Edward Yates, uttering a forgery; Donald Bruce Herschell, breaking and entering and stealing; George Phillip Langenbacher and Arthur Smith, assault and robbery; Emily Callinan, murder; James Douglas, indecent assault.
~ ~ ~ ~ ~
The Tamworth Daily Observer, Tue 17 Oct 1916 13
SUPREME COURT IN TAMWORTH.
…
The sittings of the Supreme Court were opened yesterday morning before his Honor Mr Justice Pring. Mr Carroll was associate; Mr Carlos was Crown Prosecutor; and Mr Gonsalves represented the Crown Law Office. Mr HF Roberts acted as Deputy Sheriff. One other barrister, Mr Russell, was present.
The following solicitors were present: Messrs AJ Creagh, E Stewart, T England, AJ Prentice, RJ O’Halloran, and GH Newman.
GH Dunn was fined £2 for not being present when his name was called. Subsequently Mr Dunn applied for a remission of the fine, stating that he was under the impression that the time to be present was 10 o’clock. He also applied for exemption on the ground that he was over 60 years of age. Exemption was granted and the fine was remitted.
…
INDECENT ASSAULT.
Arthur Henry Atkinson pleaded guilty to a charge of indecently assaulting Arthur Henry Prior [sic], and was also remanded for sentence.
~ ~ ~ ~ ~
The Tamworth Daily Observer, Wed 18 Oct 1916 14
TAMWORTH SUPREME COURT.
SECOND DAY.
HEAVY SENTENCES IMPOSED.
FIFTEEN YEARS FOR MANSLAUGHTER.
The sittings of the Tamworth Supreme Court were continued yesterday before Mr Justice Pring.
SENTENCES.
…
AH Atkinson, remanded for sentence on a charge of assault on a male person at Gidley, was also brought up. Mr England who had defended prisoner brought evidence as to character, and made an earnest appeal on behalf of the prisoner on the grounds of his services to all public functions and his previous good character, and entreated his Honor to give the man a chance to rehabilitate himself.
His honor, in imposing a sentence of two years’ imprisonment with hard labour in Grafton Gaol, said it was certainly a very painful thing to see a man who had apparently borne a very good character in this position. He had been guilty of a crime of a very serious nature indeed, and it was rendered all the more serious by the fact that he had been placed in a position of trust as a teacher of young boys and girls. In that position he was really taking the place almost of a parent. At any rate it would be prisoner’s duty to teach them morals; but he had done just the opposite thing. On prisoner’s own statement this had been going on for five or six years with these young boys. That was a terrible thing, because the practices he had indulged in with them were calculated to destroy all their ideas of morality, and make them in the future perhaps as bad as he was himself. It was quite impossible to treat an offence of this kind leniently. People must be shown that it was the duty of everyone to inculcate the principles of morality and not to destroy the chastity and morality of young children. This was one of the very worst offences he had ever come across, but taking into consideration as far as he could, prisoner’s good character in other respects, he could not give much weight to it, because prisoner had being [sic] doing the very opposite of what a good citizen ought to do.
~ ~ ~ ~ ~
Arthur Henry Atkinson, Gaol photo sheet 15
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Gaol Photo Sheet - Transcribed Details
No. 15315
Date when Portrait was taken: 29-10-1916
Name: Arthur Henry Atkinson
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Native place: Kempsey Year of birth: 17-8-1877 Arrived Ship: Trade or occupation Religion: C of E Education, degree of: R&W Height: 6' 2⅛" Weight On committal: 177 Colour of hair: Dark brown to grey Colour of eyes: Brown |
Marks or special features: Scar on top of head. Hair curly. |
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(No. of previous Portrait ... ) CONVICTIONS |
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| Where and When | Offence. | Sentence | |||
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Tamworth |
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1 Singleton Argus, Thu 10 Nov 1898, p. 2.
2 SRNSW: NRS3829, [5/16479.1A], School files, Kindee. Emphasis added.
3 The Port Macquarie News and Hastings River Advocate, (NSW), Sat 6 Feb 1904, p. 2.
4 Clarence and Richmond Examiner, (Grafton, NSW), Sat 13 Feb 1904, p. 5.
5 The Port Macquarie News and Hastings River Advocate, (NSW), Sat 13 Feb 1904, p. 2. Emphasis added.
6 The Port Macquarie News and Hastings River Advocate, (NSW), Sat 19 Mar 1904, p. 3. Emphasis added.
7 The Raleigh Sun, (Bellingen, NSW), Fri 25 Mar 1904, p. 2. Emphasis added.
8 The Tamworth Daily Observer, Fri 4 Aug 1916, p. 4.
9 There is a Gidley school file held at SRNSW (5/15985.1) which contains various details regarding the teacher Arthur Henry Atkinson.
10 SRNSW: NRS880, [9/7216], Supreme Court, Papers and depositions, Tamworth, 1916, No. 188. Emphasis added.
11 SRNSW: NRS7563, [7/9770], Judiciary, RD Pring, J. Notebooks Circuit, 1900-21, p. 6.
12 The Tamworth Daily Observer, Sat 14 Oct 1916, p. 3. Emphasis added.
13 The Tamworth Daily Observer, Tue 17 Oct 1916, p. 4.
14 The Tamworth Daily Observer, Wed 18 Oct 1916, p. 3.
15 SRNSW: NRS2467, [3/6094], State Penitentiary photographic description book, 29 Aug 1916-15 Dec 1916, No. 15315, p. –.
![SRNSW: NRS2467, [3/6094], State Penitentiary photographic description book, 29 Aug 1916-15 Dec 1916, No. 15315, p. –. SRNSW: NRS2467, [3/6094], State Penitentiary photographic description book, 29 Aug 1916-15 Dec 1916, No. 15315, p. –.](../../images/trials/1904-Atkinson-6094-gaol-photo-15315.jpg)