The Wellington Times, Mon 11 Mar 1907 1
OBLEY POLICE COURT.
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Mr W Burton Smith, PM, on Saturday presided at the Obley Police Court.
…
James Baird was charged with intent to carnally know Eliza Theresa Aundrick, under the age of ten years, at Little River, on or about 16th February. He was charged again on a similar offence, and also with assaulting indecently a male child under ten years. On all charges he was remanded to Dubbo.
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Molong Argus, Fri 15 Mar 1907 2
OBLEY POLICE COURT.
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Saturday, March 9.
(Before W Burton Smith, PM.)
…
James Baird was charged with intent to carnally know Eliza Theresa Aundrick, under the age of ten years, at Little River, on or about 16th February. He was charged again on a similar offence, and also with assaulting indecently a male child under ten years. On all charges he was remanded to Dubbo.
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The Peak Hill Express, Fri 15 Mar 1907 3
RABBIT HATS.
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…
A blackfellow named James Baird, of the Little River district, was before the Dubbo Court on Tuesday on a charge of assaulting three children with intent. After a lengthy hearing he was committed for trial at next Circuit Court.
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The Dubbo Liberal and Macquarie Advocate, Sat 6 Apr 1907 4
DUBBO CIRCUIT COURT.
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The Dubbo Circuit Court will be opened by the Chief Justice on Wednesday next. There is a very heavy criminal list, but the following are the only prisoners in custody at the local gaol:—
James Copeland, alleged wounding with intent to murder; Gilgandra bench.
James Baird (an aboriginal), alleged indecent assault and assault with intent; Dubbo bench.
Olive White, alleged concealment of birth; Forbes Coroner’s Court.
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Dubbo Dispatch and Wellington Independent, Sat 13 Apr 1907 5
CIRCUIT COURT.
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Before his Honor the Chief Justice (Sir Frederick Darley).
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THE sittings of the Circuit Court were opened on Wednesday morning before his Honor the Chief Justice. Mr AG James acted as Crown Prosecutor, assisted by Mr D’arcy Irvine of the Crown Law Office, and Mr HS Darley as Judge’s Associate. Mr GH Taylor, JP, Deputy Sheriff, had a seat on the Bench.
Mr AHD Crammond was excused from attendance on the ground of illness. Mr F Weston and Mr B Furney were also excused from attendance.
…
ASSAULT WITH INTENT.
An aboriginal named James Baird was arraigned to answer a charge of having at Little River, on January 12th, attempted a criminal offence on a little girl named E[dea] T[eresa] Aundrick, of the age of 9 years and 8 months.
Mr Manning, assigned by the Crown, appeared for the defence.
The Crown Prosecutor, in opening, said that the accused had for some time been camped near the residence of the child’s parents, and had the confidence of the parents and children.
Edrea T Aundrick, having been examined by his Honor as to her knowledge of the nature of an oath, gave evidence of the assault by the accused in his own tent on the day referred to in the indictment.
She was briefly cross-examined by Mr Manning.
Dr Daish gave evidence of his physical examination of the child, and of accused; he found accused suffering from a certain ailment, and traces of same on the child; the child had not otherwise been physically injured.
Teresa Aundrick, the mother of the child, also gave evidence.
Constable [Alexander] Constantine gave evidence as to his arrest of accused, and details of his conversation with him.
This closed the case for the Crown.
Accused gave no evidence and made no statement, but Mr Manning addressed the jury on his behalf.
His Honor summed up, and the jury, after a brief retirement, returned a verdict of guilty, with a recommendation to mercy, as prisoner was an aboriginal, and as they (the jury) considered the act was not premeditated.
His Honor expressed his concurrence with the finding.
Prisoner was remanded for sentence.
…
Friday.
SENTENCES.
…
———
The aboriginal, James Baird, found guilty of assault on a young girl was called up for sentence.
He was arraigned on two other charges, and pleaded not guilty. The Crown Prosecutor intimated that he did not intend to proceed at that Court. The accused was then remanded for trial at such Court as the Attorney-General might hereafter direct.
A few minor convictions were proved.
His Honor said he concurred in the finding of the jury and the recommendation handed in with it. He passed a sentence of 18 months’ imprisonment with hard labor in Goulburn gaol—pointing out that the maximum sentence was five years’ penal servitude.
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The Dubbo Liberal and Macquarie Advocate, Sat 13 Apr 1907 6
DUBBO CIRCUIT COURT.
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A LONG LIST OF CASES.
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Wednesday, April 10.
Before His Honor the Chief Justice (Sir Frederick Darley); Associate, Mr The Darley; Deputy Sheriff, Mr GH Taylor.
Crown Prosecutor Mr GAT James, instructed by Mr Darcy Irvine, Crown Law Department.
The legal gentlemen attending the court were, in addition to the Crown Prosecutor, Mr Manning, Mr DL Gaden, and the local solicitors.
Mr Fred Weston, secretary of the Dubbo PA and H Association, was excused from service as a juror on account of his duties in connection with the show being very heavy.
B Furney, Junr, was also excused.
…
A SERIOUS OFFENCE.
A full-blooded aboriginal named James Baird was presented on the charge of attempting a capital offence upon a girl under the age of ten years, at Little River, on the 12th of January last.
The circumstances of the case as outlined by the Crown Prosecutor, and detailed by the witnesses were painfully revolting.
At the conclusion of the address of the defending counsel, there being no reply from counsel for the Crown, his Honor summed up, and after a brief consultation the jury returned a verdict of guilty with a recommendation to mercy on the ground that the prisoner did not understand the gravity of his offence.
His Honor concurred in the verdict, and the prisoner was remanded for sentence.
…
Friday April 12.
SENTENCES.
His Honor on the court being opened, proceeded to pass sentence on several persons who had been convicted on the previous days.
…
James Baird, the aboriginal found guilty of attempting a serious crime, was sentenced to 18 months’ imprisonment.
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James Baird, Gaol photo sheet 7
![SRNSW: NRS2232, [3/5976], Goulburn Gaol photographic description book, 6 May 1907-17 May 1909, No. 2074, p. 27, R5121.](../../images/trials/1907-Baird-5976-gaol-photo-2074.jpg "SRNSW: NRS2232, [3/5976], Goulburn Gaol photographic description book, 6 May 1907-17 May 1909, No. 2074, p. 27, R5121.") |
Gaol Photo Sheet - Transcribed Details
No. 2074
Goulburn
Date when Portrait was taken: 6th May 1907
Name: James Baird
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Native place: Obley Year of birth: about 1864 Arrived Ship: Trade or occupation Religion: R. C. Education, degree of: Nil Height: 5' 5¾" Weight On committal: 149 Colour of hair: Brown Colour of eyes: Black |
Marks or special features: 3 moles left eyebrow. 3 scars on chest. 27 scars on back. Burn scar left knee |
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(No. of previous Portrait ... ) CONVICTIONS |
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| Where and When | Offence. | Sentence | |||
|
Wellington PC ditto Obley Dubbo GD |
1 27 10 11 |
7 12 11 4 |
1904 1905 1906 1907 |
Drunk ditto ditto Attempt to carnally know a girl |
1/- or rising of court ditto 10/- or 24 hours Imp 18 months HL |
1 The Wellington Times, Mon 11 Mar 1907, p. 2.
2 Molong Argus, (NSW), Fri 15 Mar 1907, p. 16.
3 The Peak Hill Express, (NSW), Fri 15 Mar 1907, p. 13.
4 The Dubbo Liberal and Macquarie Advocate, Sat 6 Apr 1907, p. 4. Emphasis added.
5 Dubbo Dispatch and Wellington Independent, Sat 13 Apr 1907, pp. 3, 4. Emphasis added.
6 The Dubbo Liberal and Macquarie Advocate, Sat 13 Apr 1907, p. 4.
7 SRNSW: NRS2232, [3/5976], Goulburn Gaol photographic description book, 6 May 1907-17 May 1909, No. 2074, p. 27, R5121.