Adelong and Tumut Express and Tumbarumba Post, Fri 10 Mar 1905 1
GENERAL.
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Mr Wm Clarke, our late PM, has been appointed a warden for the State generally.
…
At the police court on Wednesday, the PM presiding, a man named Alfred Davis was committed for trial on a charge of attempting an unnatural offence on a youth named Thomas Alston Harrison, 16 years of age, at Batlow. Another information for a similar offence on Arthur Dell, 10 years of age, was withdrawn.
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The Cootamundra Herald, Wed 15 Mar 1905 2
QUARTER SESSIONS.
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Tuesday.
Before His Honor Judge Forbes.
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INDECENT ASSAULT.
Alfred Davis was charged with on 7th January, at Batlow, indecently assaulting Thomas Austin [or Alston] Harrison, and with assaulting and beating him.
Plea, not guilty.
Jury: Richard Andrews, Thomas Kenneth Mackenzie Matthews, Charles Longhurst, Patrick Galvin, Kenneth McDonald, Herbert Osmond, Joseph Johnson, John Hamilton, Patrick Murray, jun, George Hales, Edward Ferguson, and Charles Dillon.
Constable [Patrick V] McPhillips, Batlow, the arresting officer, deposed: I charged him on the 27th February, telling him there had been some complaints about him; he said, “About me, sir?”; I said yes, and he said no; I then said, “I have a warrant for your arrest,” and I read the warrant to him while he was in custody at Adelong on 18th instant, and I charged him with the above offence on or about 21st December, 1904; he said, “I never!;” there is an abandoned orchard at Hourigan’s place, and he occupies it; he had been there a couple of months; I first got information from three men on 25th February.
Thomas Austin Harrison deposed: I live with my parents at Batlow, and am in my 16th year; know accused, who was living at a place in Batlow, and about two or three weeks after Christmas I went with my brother, who is 10 years old, to the orchard where prisoner lives, reaching his place about 1 o’clock, when he was standing outside his hut; he called me and I went to him with my brother; witness then described the conversations and attempt upon him, and said he threatened to give him in charge; he told his father of it when he came home next morning; he had been sent to the orchard to get some apples, and the prisoner caught hold of him against his will.
His Honor had occasion to rebuke the spectators for laughing at some of the evidence, and he said some of the most horrible things occurred in the district round about here – not Cootamundra, and it was disgusting to hear people laugh at such things.
The younger brother, named Bertie Wallace Harrison, stated the facts generally corroborating the previous statement; and he gave his evidence in a modest and intelligent way.
That was the case for the Crown.
Prisoner [Alfred Davis] elected to give evidence on oath, and went into the box. He said the boys had been tormenting him, polluting his cooking utensils, shying stones at him, and they called him an old German b-----, broke the fence down so that the stock might get in; he had offered them money to leave him alone for a bit; on day while he was boiling his billy they shied stones and upset his billy; he said he was a Norwegian and a Christian, and he denied what the boys said of him; they only wanted to get me out of the place so that they could get the fruit, though he told them they could have it.
To the Crown Prosecutor: I did not complain to the police, but I wrote to their mother and told her about it; I am not in the habit of using bad language; at Adelong court in October 1904, I was found guilty of drunkenness and fined 20/, but I am not aware it was for using indecent language; I never misconducted myself with the smaller boy. He had no witnesses.
Thomas Harrison (recalled) said the statements of accused were untrue; he never teased him in any way.
Bertie Morrison [sic] also denied the accused’s statements.
Prisoner said he had told all that he had to tell.
His Honor explained that it was a case of indecent and of common assault, and, if they would accept advice from him, they would deal with the count of indecent assault only. The boys had given intelligent and straightforward evidence. Prisoner in return charged them with tormenting him in order to get rid of him. But it did not appear as if there was any necessity for that, as their rights in the orchard were equal with his, and they had his consent to get fruit.
The jury retied at 11.41.
On their return they found a verdict of guilty of indecent assault.
Accused was sentenced to six months in Grafton gaol, hard labour.
Accused to his Honor: Can the police stop me from returning to my work.
Constable McPhillips said he had told him he would not let him come back as the people would drive him away.
His Honor: You have no power to stop him. Let him be punished if he does wrong.
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The Cootamundra Liberal, Wed 15 Mar 1905 3
QUARTER SESSIONS.
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Tuesday.
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(Before His Honor, Judge Rogers.)
Crown Prosecutor – Mr Merewether.
Deputy Bailiff – Mr Nisbet, PM.
CPS – Mr Broughton.
Sheriff’s officer – Mr Jones.
At the table were seated a number of counsel.
M Sawyer made no appearance as a juror.
Mr Mathews stated that Mr Sawyer was away on in important sheep transaction.
His Honor said it was necessary to have an affidavit to that effect. He would fine Mr Sawyer £2, the matter to be further considered next Court, by which time an affidavit could be presented.
George Troy also made no appearance. He wrote stating that he was away with sheep.
His Honor allowed the absence, but said he would not take a similar excuse again.
AH Morrow was fined £2 for non-attendance.
JE Lester made excuse for his absence, which was allowed.
…
ALLEGED INDECENT ASSAULT.
Alfred Davis was charged with indecent assault on one Thos A Harrison, at Batlow, and further with beating the said Harrison.
Accused pleaded not guilty, and was undefended.
JURY: R Andrews, TK Mathews, C Longhurst, P Galvin, and MacDonald, R Osmond, J Johnson, J Hamilton, P Maher, junr, G Hall, E Perkins, and C Dillon.
All women and persons under the age of 21 were commanded to leave the Court; a number of people left.
Constable McPhillips, sworn, deposed – I am stationed at Batlow, near Tumut. I know accused. He lives in a bark hut at Batlow. On February 27 I charged him with an offence. I said “There have been some complaints about you.” He said “About me.” I said “I have a warrant for your arrest.” I took him to Adelong. While there, on the 8th of this month, I charged him with the present offence. He replied “I never.” There is an abandoned orchard at accused’s, known as Hourigan’s. Accused does some fossicking; he had been there three months; the information first reached me through three men on Feb 25.
Thos Austin Harrison, a small boy, sworn, deposed – I live at Batlow and am 15 years of age. I know accused and know where he lives. One Wednesday afternoon about two weeks after Christmas, my brother and I went to accused’s place, where there is an orchard. My brother is 10 or 11. Accused was standing outside his hut. He said “Come here, I want you for a minute?” We went to him. He witness then explained the nature of the offence. At one particularly disgusting point, several people in the gallery laughed.
His Honor: Surely this is nothing to laugh at. Of all the degrading cases I have ever heard the most are in this district. I don’t mean Cootamundra alone, but all round here. Yet people can laugh at things like this – it shows what the state of affairs are about here. I think it is time the Japanese or someone took charge of things.
Bertie Harrison gave corroborating evidence.
His Honor having explained to accused he could give evidence or make a statement, Davis elected to go into the box.
Accused [Alfred Davis], sworn, deposed,– I am the accused in this case. The boys have been tormenting me since I came to Batlow. They did something dirty to the dishes I kept my tucker in. They shied stones at me, and called me a German —–. They spoilt my garden, and I offered them money to go away and leave me alone. I am a Norwegian. What they have said about me are lies. They want to get me out of the road so they could have the fruit. I told them they could have the fruit.
To the Crown Prosecutor – I spoke to their mother about the boys. I never misconducted myself with the smaller boy of the two.
Thos Harrison (recalled), sworn, deposed, – I never persecuted accused in any way. We never dirtied his things, or threw stones, or teased him.
His Honor told the jury that if they took his view of it they would deal with the charge of indecent assault only, for if there was no indecent assault, then he did not think there was any common assault. If they believed the boy’s story, then it resolved itself into a case of indecent assault. If they did not believe him there was no case of assault at all. The boys seemed respectable enough. Accused said that these boys wanted to get him away so that they could get the fruit, and in the next breath said that he told them they could have th fruit.
The jury retired to consider their verdict, and an hour later returned with a verdict of guilty.
His Honor sentenced Davis to six months’ hard labor in Grafton gaol.
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The Gundagai Independent and Pastoral, Agricultural & Mining Advocate, Thu 16 Mar 1905 4
TOWN TOPICS.
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…
At the Cootamundra Sessions on Tuesday, Alfred Davis, a Norwegian, was found guilty of indecently assaulting a 15-years old lad named Thomas Harrison, at Batlow. He was sentenced to six months’ hard labor in Grafton gaol.
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Alfred Davis, Gaol photo sheet 5
![SRNSW: NRS2258, [3/5993], Grafton Gaol photographic description book, Nov 1894-Jun 1910, No. 107, p. 108, R5125.](../../images/trials/1905-Davis-5993-gaol-photo-107.jpg "SRNSW: NRS2258, [3/5993], Grafton Gaol photographic description book, Nov 1894-Jun 1910, No. 107, p. 108, R5125.") |
Gaol Photo Sheet - Transcribed Details
No. 107
Grafton 37 1905
Date when Portrait was taken: 12April 1905
Name: Alfred Davis
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Native place: Norway Year of birth: 29-9-1858 Arrived Ship: Theodore Agnes Trade or occupation Religion: C. E. Education, degree of: R & W Height: 5' 4" Weight On committal: 152 Colour of hair: Brown Colour of eyes: Grey |
Marks or special features: Tip of finger 1st left hand missing, sinews of little finger right hand contracted. Tattoo marks—left fore arm. Girl holding flag in her right hand,— right fore arm Cross under and heart over A.P. |
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(No. of previous Portrait ... ) CONVICTIONS |
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| Where and When | Offence. | Sentence | |||
|
Cootamundra Q.S |
14 |
3 |
1905 |
Indecent assault on a male person |
6 months HL |
1 Adelong and Tumut Express and Tumbarumba Post, (NSW), Fri 10 Mar 1905, p. 2.
2 The Cootamundra Herald, Wed 15 Mar 1905, p. 2. Emphasis added.
3 The Cootamundra Liberal, Wed 15 Mar 1905, p. 2.
4 The Gundagai Independent and Pastoral, Agricultural & Mining Advocate, (NSW), Thu 16 Mar 1905, p. 2.
5 SRNSW: NRS2258, [3/5993], Grafton Gaol photographic description book, Nov 1894-Jun 1910, No. 107, p. 108, R5125.