Below also see: Francis Kennedy, 1911
Francis Fraser, 1920 – Bestiality
The Cobar Herald, Sat 11 Aug 1906 1
LOCAL AND GENERAL
———◦———
…
Police Court.
On Tuesday Edward Mathews was fined 10s for being drunk and disorderly. On Thursday George R Luff was fined 20s for resisting Constable Minogue.
On Friday before Messrs Leah and JM Scott, Samuel Kennedy was charged with being on the premises of WJ Evans with intent to commit a felony. He was remanded for eight days.
~ ~ ~ ~ ~
The Cobar Herald, Sat 18 Aug 1906 2
LOCAL AND GENERAL
———◦———
…
Committed for Trial.
At the Police Court, this week, before the PM and Mr N Morrison, JP, Samuel Kennedy was charged with alleged house-breaking at the Commercial Hotel. Constable [Thomas] Kinkead gave evidence of arrest, and swore to a button found under the window being similar to those on accused’s vest. Accused admitted to the constable that he had worn the same clothes that night, and that he had been at the Commercial Hotel that evening. Vera Nattrass, niece of Mr WJ Evans, swore that on the evening of the 9th she saw accused standing in her room near the chest of drawers. She called out to the barmaid and when she came back the man had left the room. Arthur Irving, aged 8, stated that when Miss Nattrass called out for the barmaid he ran into the room, and saw a man getting through the window. He identified the accused as the man he saw getting out of the window. Jane Jennings, barmaid, said she found her room disarranged when she went to bed that night, and the next morning she found two pieces of a broken coat button under the window. The pieces, when put together, were similar to those on accused’s coat. The accused pleaded not guilty, and was committed for trial at the next Court of Quarter Sessions, to be held at Cobar on November 5th, bail being granted, self in £40 and two sureties in £20 each.
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The Dubbo Liberal and Macquarie Advocate, Wed 26 Sep 1906 3
CIRCUIT COURT.
————
The Dubbo Circuit Court will be opened by Mr Justice Cohen today (Wednesday), the 26th instant. Mr Horace De Lissa being the Associate.
The criminal cases awaiting trial are Thomas Connors, an aboriginal, charged with an unnatural offence, under committment [sic] by the Dubbo Bench, Arthur Beard, alleged perjury, from the Warren Bench, and Samuel Kennedy, alleged breaking and entering, from the Cobar Bench. There may also be several persons on bail.
The civil cases have been postponed till Friday next, the 28th inst.
Among the cases set down for hearing is one which Mr WB Wilkinson, the well-known land agent, claims £2000 damages for alleged slander, from Mr John Tink, of Benalong [sic].
There will also be a divorce case, Reynolds v. Reynolds.
~ ~ ~ ~ ~
The Dubbo Liberal and Macquarie Advocate, Sat 29 Sep 1906 4
DUBBO CIRCUIT COURT.
————
Wednesday, September 26.
(Before His Honor Mr Justice Cohen).
Mr Horace De Lissa, Associate; Mr GH Taylor, Deputy Sheriff.
Crown Prosecutor, Mr White.
Mr Frith, of Narromine, made an application to be excused from service as a juryman, and His Honor granted the request.
————
…
ALLEGED BREAKING AND
ENTERING.
Samuel Kennedy was charged with breaking and entering a dwelling house at Cobar on the night of August the 9th 1906, with intent to commit a felony. There was a second count of breaking and entering, with intent to steal the property of Janet Jennings.
Mr Manning instructed by Mr RH Nelson, defended the accused who pleaded not guilty.
The Crown Prosecutor having opened the case, the following evidence was taken.
Janet Jennings deposed that she was a barmaid, employed at Evans’ Commercial Hotel, Cobar. She was in her bedroom about half past eight on the night of the 9th of August. There was a door by which she came out. She left her room about half-past eight on the night of the 9th of August, leaving the door open. When she returned she found that the things in the drawers had been pulled out and thrown on the table. All the things in the room except furniture were hers. Next morning she searched and found two pieces of buttons (produced). A coat was shown to her at the Cobar police court. As she left the room she saw the accused in the parlor. The girl Vera Mathews and a boy were in the room. The room was No. 4. The plan of the house produced was a correct one.
To Mr Manning: She saw the prisoner in the parlor. He was leaning on a sewing machine.
Senior-Constable Kinkade, of Cobar, deposed to arresting prisoner, and asking him if the clothes he then had on were the same as he was wearing at the hotel on the 9th, and he said “yes.” He had seen the clothes produced on the prisoner on the night of the 9th. On the morning of the 10th he searched No. 4 bedroom. On the window sill outside he found a waistcoat button, which he now produced. It corresponded with the buttons on the prisoner’s vest—that is the one produced. He also found a coat button on the window sill. The coat produced was taken off the accused on the 14th August. He found marks on the sill. It had been raining that night. The window was about two feet in length. There were two bars across the window on the outside, and about ten inches apart.
To Mr Manning: It was about 12 o’clock on the night of the 9th, when he saw the prisoner. He was present at the police court when the children were called to identify the accused. The night was a calm night.
To Mr White: When he saw the prisoner on the 9th he was quite capable of knowing what he was doing.
Vera Mathews, a little girl, deposed living with her uncle at the Commercial Hotel, Cobar. She knew the accused whom she saw on a Thursday at the hotel. She went to bed about nine. Previous to this she saw the accused in the parlor. A little boy named Arthur Evans and a little girl were in the parlor when Miss Jennings left her room. He went into the dining-room. She saw that Miss Jennings’ door was closed. She had a light in her room. She went into Miss Jennings’ room with a match in her hand, and saw the accused in the room turning out the chest of drawers and feeling about the room. This was in No. 4 room. She did not see the accused any more that night.
To Mr Manning: She opened the door of this room, and as soon as she saw a man she was frightened, and called out “Miss Barr, Miss Barr.” She was asked by the police if the man she saw in the room was the accused. This was at the police court at Cobar, and the first time she was asked to identify the accused.
To Mr White: She told her uncle what she had seen a few minutes after she saw the accused.
Miss Jennings, recalled, in answer to His Honor, said that when she went out of the room she left the door open.
To Mr White: The accused had no authority to be in the room.
Vera Mathews, recalled by His Honor, said that she had seen the accused in the street before the 9th, but did no know him to speak too. It was some days before.
Arthur Evans, a little boy, nephew of the licensee of the Commercial Hotel, Cobar, deposed that he had seen the accused at the hotel on the Thursday night. He saw Miss Jennings come out of her room. He saw the accused in the parlor. Miss Jennings’ door was closed. He saw his cousin Vera light a match and go to No 4. He lit a candle and went to the room, and saw a man there. He had seen Kennedy before that night, but had never spoken to him.
To Mr Manning: When he saw Kennedy in the room he stepped back into the bar because he was frightened.
To His Honor: He had seen Kennedy several times.
To Mr Manning: He had been asked by the police at the Cobar court if he could identify the accused as the man he had seen.
This closed the case for the Crown.
The accused [Samuel Kennedy] then gave evidence. He said that he travelled about the country as a horse trainer. He remembered the night in question. He had his tea at Payne’s at half-past six, and went to the Commercial Hotel at half-past eight, where he played pool. The coat and waistcoat produced were his property. He observed that some buttons were missing. He lent his coat to a man to go to Nymagee to a ball. The man got fighting, and lost the buttons off. They were on when he lent the coat. On the night of the 9th, Cobar was full of jockeys and trainers. He had a drink in the bar, and then went to another room to see if anyone were playing cards. He only saw the two children. When the constable arrested him he did not deny that he had been at the hotel. He saw the children at the police court and they were asked if they could identify him as the person whom they saw in Miss Jennings’ room on the night of the 9th of August. He was the only one in the dock at the time. He had been drinking that night and for the two days and nights before.
His Honor: You ought to be ashamed of yourself; it will only end in the gutter.
To Mr Manning: He was drunk when he left the hotel.
The prisoner was subjected to a severe cross-examination by the Crown Prosecutor as to his movements on the evening of the 9th of August, and his story as to how the buttons were missing from his clothes.
Counsel having delivered their addresses, his Honor summed up and the jury retired.
The jury after about three-quarters of an hour’s retirement brought in a verdict of guilty on the second count.
Several previous conviction were recorded against the prisoner, who was remanded for sentence.
(Continued on Page 4).
…
CIRCUIT COURT.
————
(Continued from Page 3).
Thursday, September 27.
…
————
Friday, September 28.
SENTENCES.
…
Samuel Kennedy, found guilty of breaking and entering, asked for leniency. He was sentenced to eight month’s imprisonment with hard labour in Bathurst Gaol.
~ ~ ~ ~ ~
The Cobar Herald, Sat 6 Oct 1906 5
BREAKING AND ENTERING.
————
KENNEDY CONVICTED.
————
At the Dubbo Circuit Court last week, before Mr Justice Cohen, a young man named Samuel Kennedy was charged with having, on August 9th, broken and entered the dwelling place of WJ Evans, at Cobar, with intent to steal the property of WJ Evans. A further count charged him with breaking and entering the house with intent to steal the property of Janet Jennings. He was defended by Mr Manning, instructed by Mr Nelson.
One juror was put aside by the Crown, and the accused challenged two jurors.
Janet Jennings, barmaid at Evans’ Commercial Hotel, Cobar, deposed that she left her room at the hotel about 8.30 on August 9th; she left the window down, and came back shortly after 11 pm; she found that the baskets on the dressing table had been disarranged, and other articles in the room had been interfered with; on the following day she found two pieces of button outside the room; later she saw the accused at the hotel. (Plan of the hotel put in.)
Cross-examined by Mr Manning: Saw the accused before she left the hotel, he was talking to the children in the parlour.
Senior-constable Kinkead, stationed at Cobar, stated that on August 9th he went to accused’s room and asked him if the clothes he was wearing were the ones he had been wearing all the evening; he said “Yes”; had seen on accused the coat and vest produced; outside Miss Jennings’ room witness found a button corresponding with those on accused’s vest and a coat button. (Witness gave a description of the window). Buttons of the same kind were missing from accused’s clothes.
Witness was briefly cross-examined by Mr Manning.
A little girl named Vera Nattrass, niece of Mr Evans, and occupying the same room as Miss Jennings, deposed to seeing accused in the parlour of the hotel on August 9th, and later in Miss Jennings’ room during her absence, and that she ran out and gave the alarm.
A cousin of hers, Arthur Irving, 8 years old, gave evidence to seeing accused at the window of the room; he was getting out at the time.
Constable Kinkead was recalled and briefly examined and cross-examined.
The coat was put in in evidence.
This closed the case for the Crown.
For the defence.
The accused, Samuel Kennedy, deposed he was a horse trained, at present living at Cobar; the coat and vest were his; the buttons had been torn off during Nymagee races—he lent the coat and vest to a friend who got into a disturbance there; was at Evan’s hotel for a few moments on the evening of August 9th; had been drinking about the town for two days and two nights.
His Honor expressed abhorrence of such conduct on the part of a young man such as accused was.
Examination continued: Was drinking heavily on August 9th, and knew nothing of his whereabouts in the evening after 9 o’clock.
He was severely cross-examined by the Crown Prosecutor.
Mr Manning addressed the jury for the defence, and the Crown Prosecutor replied.
His Honor summed up at very considerable length, and the jury retired at 5 pm.
The jury returned into Court at 5.50 pm, with a verdict of not guilty on the first count but guilty on the second.
The accused was found guilty of breaking and entering with intent to steal. He said in reply to the usual question that he had never had a chance since his last conviction. Further, nothing had been missed from the room in which he was seen.
His Honor said the accused had rendered himself liable to imprisonment for ten years.
Mr Manning asked that the prisoner be dealt with under the First Offenders’ Act .
His Honor said he could not apply the Act in that case. He then passed a sentence of imprisonment in Bathurst gaol for eight months, with hard labour.
————————
Constable McClintock who has been stationed at Nyngan for fifteen months has been transferred to Cobar, for [sic] which place he took his departure on Monday last. He proved himself whilst in Nyngan to be a very capable officer, and takes the good wishes of the law-abiding citizens with him. May he go on and prosper.—Nyngan Observer.
~ ~ ~ ~ ~
Samuel Kennedy, Gaol photo sheet 6
![SRNSW: NRS1998, [3/13076], Bathurst Photograph description books, 1874-1930, No. 1648, p. 203, R5091.](../../images/trials/1906-Kennedy-13076-gaol-photo-1648-Samuel-Kennedy.jpg "SRNSW: NRS1998, [3/13076], Bathurst Photograph description books, 1874-1930, No. 1648, p. 203, R5091.") |
Gaol Photo Sheet - Transcribed Details
No. 1648
Bathurst
Date when Portrait was taken: 7-11-1906
Name: Samuel Kennedy
|
Native place: Walgett NSW Year of birth: 20-9-1884 Arrived Ship: Trade or occupation Religion: R Catholic Education, degree of: R & W Height: 5' 4⅛" Weight On committal: 144 lbs Colour of hair: Black Colour of eyes: Black |
Marks or special features: Mole left side of hip. Scar on right knee. Two teeth missing from upper jaw. |
|
(No. of previous Portrait ... ) CONVICTIONS |
|||||
| Where and When | Offence. | Sentence | |||
|
Walgett PC ditto ditto ditto Cobar PC Dubbo CC Lockhart PC |
21 21 21 14 14 26 16 |
7 10 10 11 8 9 9 |
1900 1901 1901 1901 1906 1906 1910 |
Assault Drunk Obscene language Gambling Riotous behaviour Break & enter a dwelling with intent Indecent language |
42/4 or 1 month HL. Paid 2/6 or rising of Court. Paid 40/- or 21 days HL. Paid 21 days HL. Served 40/- or 1 month HL 8 months HL £3 or 1 month HL |
|
Discharged from Bathurst Gaol 16-4-1907 |
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Francis Kennedy, 1911
The Burrangong Argus and Burrowa, Murrumborrah, and Marengo General Advertiser, Wed 21 Jun 1911 7
YOUNG POLICE COURT.
————
Tuesday.
Before Mr RJ Collins, JP.
…
ASSAULT WITH INTENT.
Francis Kennedy, [aka Samuel Kennedy] on remand, was charged with at Young on Saturday, 10th instant, he did assault one Georgina Dutfield with intent to commit a rape.
Mr AR Campbell appeared for the accused.
The evidence given by Sergeant Hanna at the previous hearing was read.
Sergeant Hanna, continuing his evidence, deposed: on the 11th instant, accompanied by the tracker, I proceeded to lower Burrowa street near the residence of Mr Haub; near a heap of blue metal I noticed that a scuffle had taken place; the tracker and myself picked up some tracks that ran in the direction of the railway line; the tracks imprinted were from a light boot with rubber heels on and the boot was broken across the sole; there was one rather peculiar mark on the left boot; I made inquiries in the direction of Burrangong; in the afternoon about 2.30 pm I visited a tent on the Wombat road about 2½ miles from Young; I there found the accused; I said “Were you at Young yesterday?”; he said “Yes”; I said “What time did you go in?”; he said “About twelve noon”; I said “How did you go in and who with?”; he said “I went in with Cecil Conn, my nephew”; I said “What time did you leave Young on Saturday evening?”; he said “I went down to Mr Wright’s in a sulky a little after four o’clock”; I said “Where was Conn then?”; he said “He was down there”; I said “What time did you leave Wright’s”; he said “It might be half past four”; I said “How did you leave Wright’s?”; he said “In a tip cart with Conn”; I said “Where did you go?”; he said “To McAleers produce store in Main street. I got some oats and chaff mixed and we drove straight home”; I said “Was there anyone else in the cart?”; he said “No, only Conn and myself”; I said “What time did you get home?”; he said “We got home about half past five, just before dark”; I said “What boots were you wearing?”; he went into the tent and brought out the boots produced; I said “What size are they?”; he said “sixes”; I said “What hat did you wear?”; he said “This one,” referring to the hat now produced; the hat was quite dry; it had been raining the day before; I said “How many hats have you got?”; he said “Only two. I have an old cap down at Mrs Woods’s”; I said “What clothes did you have on?”; he said “This coat I had on and this pair of trousers” (producing a pair); I got him to put on the trousers he said he was wearing; I said “What overcoat were you wearing;” he replied “This brown one,” referring to the coat now produced; there was a black Chesterfield coat hanging on the tent; he said “That is one I bought last week from Price the jockey”; I said “Put it on”; the coat the accused has on now is the one I refer to; this coat has a tear on the breast pocket and was also dirty on one sleeve; the other sleeve appeared to have been washed as it was crumpled up; at my request accused put on the boots now produced; the boots were very wet on the inside; the accused, the tracker, and myself, then went to the residence of Mrs Woods at Burrangong, where I was handed the cap produced; I gave the cap to the accused and he said “Yes, that is my cap”; we then came back to Burrowa-street, Young, near the corner of Mr Haub’s place; I showed accused the marks on the ground and said to him “Do you see where there has been a struggle?”; he replied “Yes”; I said “On Saturday night about 5.45 pm, did you come down Burrowa-street near Millard’s factory?”; he said “I did not. I was at home”; I showed accused the brown hat produced; I said “Is this your hat?” he said “No. I never saw that hat before”; at the spot where the struggle took place I pointed out two tracks to the accused and got the accused to make an impression alongside these with the boot produced; the tracks corresponded in size and in every other respect; I said to the accused “You can see distinctly the mark on the old tracks which corresponds with the marks on the new?”; the accused said “I was not here at all; the hat produced is the one I saw accused wearing on the 29th of May and is the one I saw him wearing on Saturday, the 10th instant; the black coat accused is now wearing is the one I saw him wearing on Saturday.
To Mr Campbell: I had particular reason for taking notice of the hat the accused was wearing; I never asked the accused any question after arresting him; the scene of the alleged assault is close to the road; when I went out to see the accused he told me the size of his boots; on Sunday afternoon I drove to where the woman who was assaulted was residing; I went in to interview her; I left the accused outside, seated in the buggy with the black tracker; there was no blood on the accused’s shirt.
Georgina Dutfield deposed: I am the wife of Sydney Dutfield, at present residing at Leura; I am at present on a visit to my parents at Young; my father’s name is Nicholas Penrose, and he resides at the western end of Burrowa Street; I remember Saturday, 10th inst; I left home at 20 minutes past 4, and came to town and left again between half past 5 and 6 o’clock; it was raining and was dark; I went past Millard’s factory; I saw a man standing on the verandah of Mr Sheriff’s shop as I passed along the footpath; the man left the verandah, walked behind me and then passed me; as the man passed me he made some comment about the weather; I replied “Yes”; he walked on in the direction of Wright’s and I lost sight of him in the darkness; he met me again at Haub’s corner, which is a good distance from Sheriff’s; he was then coming towards me, having turned back; he was walking quickly; I recognised him as the man I had seen at Sheriff’s; he caught me with his arms around my waist and threw me to the ground; my head and shoulders fell on to a heap of stones which was there; I screamed and the man then put his hand over my mouth; I struggled to get away, and continued calling out; the man caught me once by the throat; I do not know how long I was struggling with the man, but it seemed a long while; he had his mouth muffled by a white handkerchief around it; after we had struggled for some time the man jumped up suddenly and ran away; I got up and went across to Mrs Burgess; in the struggle my hat and fur were thrown off; when the man ran away, my mouth was bleeding and my face was scratched; the man appeared to have on a black felt hat and a black coat; I did not see the man’s features at all; I have suffered considerably since, and have been under the care of Dr MacPherson.
To Mr Campbell: It was dark when I was assaulted; I could not swear positively what the color of the coat the man was wearing was.
Elizabeth Burgess deposed: I am a married woman residing with my husband along Temora road; I remember Saturday, 10th instant; on that evening Mrs Dutfield came to my place; she was agitated; she said “Oh auntie, a man has nearly killed me”; her clothes and hair were dishevelled; I went to the scene of the assault and found some parcels and a man’s hat; I afterwards gave the hat to my son.
Montague Burns, a black tracker, deposed: I remember the 11th instant; I went with Sergeant Hanna along the Wombat road to the accused’s place ; I saw a pair of boots that he had; we afterwards went to a spot along the Temora road and we searched for tracks; they were those of light boots; the tracks could be made by the boots produced; the boots have a mark underneath and this mark could be seen plainly in the tracks, the tracks went in the direction of the railway line; the tracks were pointed out to the accused who said he was not there; I have had a good deal of experience in tracking.
To Mr Campbell: Tracking is very difficult; any man could make a mistake sometimes; I can swear that the tracks were made by the boots produced.
Georgina Dutfield recalled, deposed: When the man who assaulted me ran away, he went in the direction of the railway line.
Mary Jane Starr deposed: I am a dressmaker and reside with my mother along Wombat road, nearly two miles from Young; I remember Saturday 10th instant; I was in town that night and was returning home about 7.40 pm; it was a very wet night; a man passed me near the cemetery; he said “Good night”; I said “Good night”; the man had no hat on; his face was bandaged with something white; I had seen the man before on one moonlight night when he came to Spencer’s to borrow a saddle; the accused is the man I saw on the Saturday night and on the previous occasion; he walked along the road with me for about a mile when he left me and went on; when I saw the man on the Tuesday night he had a hat on exactly the same shape as the hat produced (the one found near the spot).
To Mr Campbell: Sergeant Hanna interviewed me on the Sunday and asked me if I could swear to the coat and hat; I said “Yes”; I first saw the accused at Spencer’s on Tuesday night.
Archibald Price deposed: I am a jockey residing at Young; I know the accused; on Wednesday 7th June, I lent him an overcoat; the coat produced is the one; I saw him on Saturday, 10th June, about one o’clock; he was then wearing the coat I lent him; the coat was not torn in the pocket then as it is now.
William Woods deposed: I am a laborer residing at Burrangong Creek; I know the accused; we have been working together; on Saturday, 10th instant, he was wearing a brown-looking soft felt hat; that hat resembled the hat produced (that found near the spot); the hat was hanging in my room for several days; I think “David Jones” was the name inside the hat; I was with the accused at the Great Eastern Hotel on the 10th instant, and we went down to the Albion, afterwards to Norman’s shop; this would be about a quarter to six; “Pigeon” Payne came up and accused went away down to Wright’s to see about his cart; he went away with Payne.
To Mr Campbell: I have seen numbers of hats like the one referred to.
Charles Beazley deposed: I am a laborer residing along Burrangong Creek; I know the accused; I know the hat he wears; the hat produced is the one.
To Mr Campbell: This hat was recently shown to me by Sergeant Hanna; it was shown to me last week.
Reginald Payne deposed: I am a horse trainer residing along Temora-road; I live opposite Mr Sherriff’s shop; I know the accused; on June 10th I was in his company; I met him in front of Norman’s fruit shop; he walked down with me to my place; I left him near Millard’s factory; it was raining at the time; I never saw him after I left him; the accused had a black overcoat on and a soft felt hat; he said he was going to Wright’s to get a horse and cart; Wright’s is still further down the road, and when I left the accused he went in the direction of Wright’s.
To Mr Campbell: I and the accused are not on unfriendly terms; I did not have a fight with him a year ago.
Dr John MacPherson deposed: I am a legally qualified medical practitioner residing at Young; I know Mrs Dutfield and was called in to attend her on the morning of the 12th instant, when I found extensive bruises on both sides of the head; there were slight bruises on the left side of the face, and more extensive bruises on the right side of the face; there were bruises on the inside of the right cheek and of the upper lip; there were large bruises on the back of each shoulder; there [sic] cartilages of the left rib in front were also bruised; there were extensive bruises on the right fore-arm, below the elbow above the wrist and on the middle of the forearm; there were extensive bruises on the left buttocks and on the back of the left thigh, and also on the right thigh; she was suffering considerably from shock; the right side of the face was considerably scratched.
He concluded the evidence for the prosecution and his Worship held that a prima facie case had been made out.
Accused, [Francis Kennedy], who reserved his defence, was committed to take his trial at the next Court of Quarter Sessions to be holden at Young on 18th September. Bail allowed; self in £100, and two sureties of £50 each.
Mr Campbell asked his Worship if he would give a certificate that the accused’s position entitled him to the benefits of the Poor Prisoners’ Defence Act .
His Worship said that he was not inclined to do this, as on a previous occasion when he had done it, it was objected to by the authorities in Sydney on the ground that there were previous serious convictions against that accused. He suggested that application be made to the Attorney-General.
~ ~ ~ ~ ~
The Cootamundra Herald, Fri 14 Jul 1911 8
QUARTER SESSIONS.
————
Thursday.
————
Before his Honor Judge Rogers.
The following legal profession were present:—Mr Mason (Crown Prosecutor); Mr Gannon, KC, and his associate Mr G Martin, BL. Solicitors: Messrs TP MacMahon, RA Morgan, CA Vaughan, (Cootamundra) Mr Maher (Temora), and Mr Fraser (Gundagai).
Officials: Mr Giles Shaw, PM, Deputy Sheriff, Mr Ellis, Sheriff’s officer; Mr Green, Court Registrar; Sen-Sergeant Ewen, officer in charge of police.
Messrs BA Bray and ER Laver were excused from attendance as jurymen.
————
ASSAULT WITH INTENT.
————
F[rancis] Kennedy [aka Francis Fraser] was charged with that he did at Young on 10th June, 1911, commit an assault with intent to commit a rape on one Johanna Dutfield.
Mr TP MacMahon assigned by the Crown, appeared for accused.
Accused pleaded guilty to common assault.
The Crown Prosecutor accepted the plea.
His Honor, after perusing the depositions, sentenced accused to nine months’ imprisonment.
~ ~ ~ ~ ~
The Sydney Morning Herald, Fri 14 Jul 1911 9
QUARTER SESSIONS.
————
Cootamundra, Thursday.
At the Quarter Sessions to-day, before Judge Rogers, F Kennedy was charged with having on June 10 at Young, assaulted a woman, with intent. Accused pleaded guilty to a charge of common assault. The Crown accepted the plea, and accused was sentenced to nine months in Goulburn gaol. James Webb was charged with stealing on March 9 the fore-carriage of a cultivator, the property of Gottlob Obst, a farmer, near Temora. Mr Gannon, KC, instructed by Mr Maher, of Temora, appeared for the accused, who pleaded not guilty. The jury, without leaving the court, returned a verdict of not guilty.
~ ~ ~ ~ ~
Francis Kennedy, Gaol photo sheet 10
![SRNSW: NRS1998, [3/5964], Bathurst Gaol photographic description book, 1874-1930, No. 1971, p. 56, R5087.](../../images/trials/1906-Kennedy-5964-gaol-photo-1971-Francis-Kennedy.jpg "SRNSW: NRS1998, [3/5964], Bathurst Gaol photographic description book, 1874-1930, No. 1971, p. 56, R5087.") |
Gaol Photo Sheet - Transcribed Details
No. 1971
Bathurst
Date when Portrait was taken: 14-11-1911
Name: Francis Kennedy
|
Native place: Walgett Year of birth: 20/9/1884 Arrived Ship: – Trade or occupation Religion: R. C. Education, degree of: R&W Height: 5' 5" Weight On committal: 150 Colour of hair: Black Colour of eyes: Brown |
Marks or special features: Scar left forearm, scar palm right hand between 2nd & 3rd fingers |
|
(No. of previous Portrait ... ) CONVICTIONS |
|||||
| Where and When | Offence. | Sentence | |||
|
Walgett PC ditto ditto ditto Wellington PC Cobar PC Dubbo CC Gilgandra PC Lockhart PC Cootamundra Q.S |
21 21 21 14 8 14 26 27 16 13 |
7 10 10 11 1 8 9 9 9 7 |
1900 1901 1901 1901 1906 1906 1906 1906 1910 1911 |
Assault Drunk Indecent language Gambling Assault Riotous behaviour Break & enter with intent to steal Assault Indecent language Assault |
42/4 or 1 month H.L. 2/6 or R.C. 40/- or 21 days 21 days H.L. Fined 20/ & costs 31/6 40/- or 1 months HL 8 months HL 20/ or 1 month HL 60/ or 1 month HL 9 months HL. |
~ ~ ~ ~ ~
Francis Howell, Gaol photo sheet 11
![SRNSW: NRS2467, [3/6098], State Penitentiary photographic description book, 5 Mar 1918-2 Aug 1918, No. 16072, p. 35.](../../images/trials/1906-Kennedy-6098-gaol-photo-16072-Francis-Howell.jpg "SRNSW: NRS2467, [3/6098], State Penitentiary photographic description book, 5 Mar 1918-2 Aug 1918, No. 16072, p. 35.") |
Gaol Photo Sheet - Transcribed Details
No. 16072
Date when Portrait was taken: 15-3-1918
Name: Francis Howell
(aka Frank Fraser, Edward Howell, Samuel Kennedy, Francis Kennedy)
|
Native place: Walgett NSW Year of birth: 20-9-1884 Arrived Ship: Trade or occupation Religion: RC Education, degree of: R & W Height: 5' 5¼" Weight On committal: 159 Colour of hair: Black Colour of eyes: Brown |
Marks or special features: Mole on left lip. Scar on right knee |
|
(No. of previous Portrait .. 1971 Bathurst) CONVICTIONS |
|||||
| Where and When | Offence. | Sentence | |||
|
Central PC Gunnedah PC ditto Central PC Gilgandra PC Central PC Redfern PC Central PC |
2 14 14 16 2 14 26 16 |
12 7 7 5 7 3 9 2 |
1915 1916 1916 1917 1917 1918 1918 1920 |
Assault female Riotous Indecent language Assault Indecent language Stealing from the person Stealing Offensive behaviour |
3 months HL £5 or 1 month HL & sureties £5 or 1 month HL £5 or 2 months HL £9-6-6- or Two months HL 6 months HL 3 months HL £1 or 7 days HL |
|
and 12 previous convictions for which see photo no. as above |
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Francis Fraser, 1920
Goulburn Evening Penny Post, Thu 29 Apr 1920 12
GOULBURN CIRCUIT COURT
———
Charge of Bestiality.
———
ACCUSED CONVICTED.
The Circuit Court was continued at Goulburn this morning before his Honor Mr Justice Gordon and a jury.
The first case called was that of Francis Fraser on a charge of bestiality [with a dog], at Goulburn, on April 2.
Accused pleaded not guilty.
Mr Norman McGhie prosecuted on behalf of the Crown. And Mr NP Moriarty appeared for accused.
The taking of evidence occupied the whole morning, and after lunch the jury returned a verdict of guilty. Fraser, who had a long list of previous convictions, included one for rape, was remanded for sentence.
~ ~ ~ ~ ~
Goulburn Evening Penny Post, Sat 1 May 1920 13
GOULBURN CIRCUIT COURT.
———
…
THREE YEARS’ HARD LABOUR.
———
Sentenced for Bestiality.
———
Francis Fraser, who was convicted and remanded for sentence before Mr Justice Gordon at the Goulburn Circuit Court on Thursday on a charge of bestiality, was sentenced on Friday for three years’ hard labour in Grafton Gaol.
In passing sentence his Honor said that the prisoner had rendered himself liable to penal servitude for life.
~ ~ ~ ~ ~
Queanbeyan Age and Queanbeyan Observer, Tue 4 May 1920 14
THREE YEARS FOR BESTIALITY.
———◦———
At the Goulburn Circuit Court, Mr Justice Gordon sentenced Francis Fraser to three years’ imprisonment with hard labor in Grafton Gaol for bestiality at Goulburn. His Honor said he was quite willing to believe, for the sake of their common humanity, that he had committed the crime when not in his right senses. He reminded the accused that the maximum penalty was penal servitude for life.
~ ~ ~ ~ ~
Frank Fraser, Gaol photo sheet 15
![SRNSW: NRS2467, [3/6103], State Penitentiary photographic description book, 2 Mar 1920-4 Jun 1920, No. 17221, p. –.](../../images/trials/1906-Kennedy-6103-gaol-photo-17221-Francis-Fraser.jpg "SRNSW: NRS2467, [3/6103], State Penitentiary photographic description book, 2 Mar 1920-4 Jun 1920, No. 17221, p. –.") |
Gaol Photo Sheet - Transcribed Details
No. 17221
Date when Portrait was taken: 27-5-1920
Name: Frank Fraser
(aka Francis Kennedy, Samuel Kennedy, Edward Howell)
|
Native place: Walgett NSW or Wanganui NZ Year of birth: 20-9-1884 Arrived Ship: Trade or occupation Religion: RC Education, degree of: R&W Height: 5' 5¼" Weight On committal: 169 Colour of hair: Black Colour of eyes: Brown |
Marks or special features: Scars on forearm, on palm of right hand, between second and third fingers, on right shin, and on right knee. Two moles on left side of back. |
|
(No. of previous Portraits .. 1971 Bathurst, 16072.) CONVICTIONS |
|||||
| Where and When | Offence. | Sentence | |||
|
Redfern PC Central PC Goulburn PC |
26 16 3 |
9 2 4 |
1918 1920 1920 |
Stealing Offensive behaviour Stealing |
3 months HL £1 or 7 days HL 6 months HL |
|
And 17 previous convictions for which See Photo Nos. as above |
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1 The Cobar Herald, (NSW), Sat 11 Aug 1906, p. 4. Emphasis added.
2 The Cobar Herald, (NSW), Sat 18 Aug 1906, p. 4. Emphasis added.
3 The Dubbo Liberal and Macquarie Advocate, Wed 26 Sep 1906, p. 2. Emphasis added.
4 The Dubbo Liberal and Macquarie Advocate, Sat 29 Sep 1906, pp. 3, 4. Emphasis added.
5 The Cobar Herald, (NSW), Sat 6 Oct 1906, p. 8. Emphasis added.
6 SRNSW: NRS1998, [3/13076], Bathurst Photograph description books, 1874-1930, No. 1648, p. 203, R5091.
7 The Burrangong Argus and Burrowa, Murrumborrah, and Marengo General Advertiser, Wed 21 Jun 1911, p. 2. Emphasis added.
8 The Cootamundra Herald, Fri 14 Jul 1911, p. 2.
9 The Sydney Morning Herald, Fri 14 Jul 1911, p. 4. Emphasis added.
10 SRNSW: NRS1998, [3/5964], Bathurst Gaol photographic description book, 1874-1930, No. 1971, p. 56, R5087.
11 SRNSW: NRS2467, [3/6098], State Penitentiary photographic description book, 5 Mar 1918-2 Aug 1918, No. 16072, p. 35.
12 Goulburn Evening Penny Post, Thu 29 Apr 1920, p. 2.
13 Goulburn Evening Penny Post, Sat 1 May 1920, p. 4.
14 Queanbeyan Age and Queanbeyan Observer, Tue 4 May 1920, p. 3.
15 SRNSW: NRS2467, [3/6103], State Penitentiary photographic description book, 2 Mar 1920-4 Jun 1920, No. 17221, p. –.