Barrier Miner, Sat 3 Mar 1906 ¹

ALLEGED SERIOUS OFFENCE.
————

    Oliver Francis (38) was charged before Mr Stevenson, SM, in the Police Court to-day with having last night committed a serious offence. Constable [Frederick Charles] Henkel gave evidence of arrest, and Sub-inspector Sawtell then asked for a remand till Thursday.

    The SM (to accused): Any questions?

    Accused: Only regarding the state I was in when arrested.

    The constable: He seemed to be suffering a recovery from drink, but was not drunk.

    Accused was remanded till Thursday. Bail was not applied for.

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The Advertiser, Mon 5 Mar 1906 ²

BROKEN HILL.

Broken Hill, March 4.

…
    Oliver Francis (38) was charged to-day with having last night committed a serious offence. Constable Henkel gave evidence of arrest, and the case was remanded till Thursday. No bail was applied for.

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The Advertiser, Fri 9 Mar 1906 ³

BROKEN HILL.

Broken Hill, March 8.

    In the Police Court to-day Oliver Francis laborer (37), was committed for trial at the Quarter Sessions in April on a charge of assaulting a boy, Frederick Richard Stevens, with intent to commit a serious offence.

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Barrier Miner, Fri 30 Mar 1906 ⁴

DISTRICT COURT AND QUARTER
SESSIONS.
————

    Judge Gibson will arrive in Broken Hill to-morrow morning and hold a District Court. The only case set down for hearing is one on which John Donohue is proceeding Michael Kenny Power, for the recovery of £130 17s 9d, alleged to be on account of work and labor done and materials supplied.
    On Monday the Quarter Sessions will be opened.
    Two ca. sa. [sic] applications are down for hearing in the District Court, viz, REA Kitchen v. Ernest J Williams; and REA Kitchen v. Samuel Humphries.
    The following cases are set down for hearing:—
    George Thomas Bearman, larceny
    William Chard, (1) breaking, entering, and stealing; (2) receiving
    William Hall Birdseye, indecent assault
    Thomas Brown, robbery with violence
    James Mahon and William Barr, (1) horsestealing; (2) receiving
    Thomas Haywood, assault with intent to commit rape
    Oliver Francis, indecent assault on a male.
    The following appeals will also be heard by his Honor:—Frederick William Berkholz and Joseph Losco Cope Hayward, breaches of the Liquor (Amendment) Act.

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The Advertiser, Thu 5 Apr 1906 ⁵

BROKEN HILL.

Broken Hill, April 4.

…

THE QUARTER SESSIONS.

    The Quarter Sessions were concluded before Judge Gibson to-day.

    Oliver Francis was arraigned on a charge of indecently assaulting a boy of 5 years, son of Mr Joel Stevens, licensee of the Cable Hotel. The accused was found guilty and sentenced to 12 months imprisonment with hard labor.

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Barrier Miner, Thu 5 Apr 1906 ⁶

QUARTER SESSIONS.
————

    The Quarter Sessions were continued before his Honor Judge Gibson this morning. Mr Walter Bevan acted as Crown Prosecutor.

INDECENT ASSAULT.

    Oliver Francis pleaded not guilty to a charge of “indecent assault upon a male.” Accused was undefended.

    The Crown Prosecutor said that the alleged offence had taken place on March 2 near the Cable Hotel. The boy (Frederick Richard Stevens), and accused had disappeared for a time, and the boy’s father and the yardman went in search and found accused with him. The father would describe what he saw.

    Joel F Stevens, licensee of the Cable Hotel, said the boy in court was his boy, and he was five years old; he knew accused; accused remained at his hotel on March 2 until about 8 o’clock; accused was drinking beer and was sober; accused had eight or nine small beers; witness did not notice the effects of drink on accused; between 7 and 8 o’clock he missed his boy, and he and the yardman went to look for him; they found the boy about 40 yards from the building, where he was with the accused under compromising circumstances; he took the child in to its mother; witness asked accused what he had been doing to the boy, and accused said “Nothing;” witness said, “Yes, you have;” accused said, “I must have been mad to do such a thing; I’ll give you £4 9s (all the money I have) to square it.

    Accused, in questioning witness, sought to show that he was drunk at the time of the alleged offence.

    His Honor pointed out to accused that if he was striving to setup a defence of that sort he could tell him at once that he would direct the jury to the effect that drunkenness was no excuse for crime.

    Accused said he wouldn’t go any further with the drunkenness questions.

    Several witnesses were called to prove the offer of the £4 9s by accused to Stevens.

    Dr Horne gave medical evidence.

    Accused made a statement to the jury, and said he had been drinking excessively.

    His Honor summed up against accused, and said that, thank goodness, such cases were rare. Drunkenness was no excuse for the offence which accused, to his mind, had not denied. If they made drunkenness an excuse for crime of such a character as that before them they would soon have murder excused on the same plea.

    The jury returned a verdict of guilty.

    His Honor said he had only flogged a man once during his 13 years on the bench. That was in a case similar to the case of accused only in that case the child had been harmed. The evidence as to the character of accused prompted him to believe that drink had been greatly responsible for the crime. Accused had ruined his character for life. If the child had been harmed he would not have had the slightest compunction in flogging him. He sentenced accused to 12 months with hard labor.
…

THE VULCAN TIN MINE.
———◦———
PROPOSED INCREASE OF SHARES.
———

Irvinebank (Q), Wednesday.

    An extraordinary meeting of shareholders in the Vulcan Tin Mining Company last night decided to alter the number of shares of the company from 44,000 of £1 to 264,000; of 3s 4d each. The directors will call up twopence on the present issue. This will make 13s called, and this new issue will be paid to 2s 2d, leaving 1s 2d callable. An extra dividend of 2d per share will be declared to meet this call. A meeting to confirm the resolution will be held on May 1.

————————
AN ACCUSED FAILS TO APPEAR.
———◦———
JUDGE ISSUES A WARRANT.
———

Adelaide, Wednesday.

    William Sebley, who was down for trial at the Criminal Court this morning, failed to appear. The Judge thereupon issued a warrant and adjourned the court. Shortly afterwards the accused arrived with his counsel. This afternoon the latter explained that the late arrival was his fault. The Judge accepted the apology, but warned the court that this was not to be taken as a precedent for such occurrences.

————————
BISHOP OF ADELAIDE.
———◦———
ENTHRONED IN THE CATHEDRAL.
———

Adelaide, Wednesday.

    The Bishop of Adelaide (the Right Rev Dr AN Thomas) was enthroned in St Peter’s Cathedral this morning. Afterwards, the new Bishop was presented with addresses on behalf of the Synod, various churches, and other institutions.

~ ~ ~ ~ ~

Oliver Francis, Gaol photo sheet ⁷ 

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Gaol Photo Sheet - Transcribed Details

No. 24/06 14
Broken Hill

Date when Portrait was taken: 11th October 1906

Name: Oliver Francis

Native place: Melbourne, Victoria Year of birth: 7-5-1869 Arrived       Ship: in Colony }   Year: Trade or occupation previous to conviction  } Miner Religion: Church of England Education, degree of: Read & write Height: 5' 9½" Weight     On committal: 131 in lbs    } On discharge: Colour of hair: Dark brown Colour of eyes: Blue

Marks or special features: Medium build. Sallow complexion. Large scar right temple. Scar right wrist. Little finger left hand crooked. Scar on right side. Scar left calf.

(No. of previous Portrait ... )  CONVICTIONS
Where and When				Offence.	Sentence
Broken Hill Q.S	4	4	1906	Indecent assault on a male person	12 months HL

 

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¹     Barrier Miner, Sat 3 Mar 1906, p. 4. Emphasis added.

²     The Advertiser, Mon 5 Mar 1906, p. 7.

³     The Advertiser, Fri 9 Mar 1906, p. 6.

⁴     Barrier Miner, Fri 30 Mar 1906, p. 2. Emphasis added.

⁵     The Advertiser, Thu 5 Apr 1906, p. 5.

⁶     Barrier Miner, Thu 5 Apr 1906, p. 4. Emphasis added.

⁷     SRNSW: NRS2057, [3/6018], Broken Hill Gaol photographic description book, 1904-1929, No. 14, p. 14, R5095.

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