South Coast Times and Wollongong Argus, Sat 29 Dec 1906 ¹

DAPTO
————

…
    Last Friday, Charles Kelly [aka Charles Edward Michael], a youth, was charged with a serious offence. He was remanded till Saturday (to-day)

~ ~ ~ ~ ~

South Coast Times and Wollongong Argus, Sat 19 Jan 1907 ²

DAPTO
————

…
    In the Court, Charles Kelly, a lad of 18, was charged with a serious offence. According to the evidence, he had taken four boys into his cart at Dapto and driven along the Cleveland Road. He reserved his defence, and was committed for trial in Wollongong in March, bail allowed, self in £75, two sureties of £75 each.

~ ~ ~ ~ ~

The Illawarra Mercury, Tue 26 Mar 1907 ³

[WOLLONGONG] QUARTER SESSIONS.

    The Quarter Sessions were opened this morning before Judge Harris. Mr Rolin was Crown Prosecutor. The legal profession were represented by Messrs H Cox, AA Lysaght, HA Moss, Trench, and CC Russell.

~ ~ ~ ~ ~

The Illawarra Mercury, Tue 2 Apr 1907 ⁴

QUARTER SESSIONS.

UNNATURAL OFFENCE.

    Charles Kelly, a youth of 18½ years, was charged with committing an unnatural offence upon a boy named Francis Robert Evans, aged 10 years and 11 months, on Dec. 23rd, 1906, [at Dapto].

    Mr AA Lysaght defended.

    The evidence of Francis Robert Evans, John Geary, Fanny Evans, Dr Scott, Senior Constable McMillan, and the accused [Charles Edward Michael Kelly] was taken. Evidence as to character was given by Rev Father Hayden and Mr MJ Madden.

    The hearing occupied all day on Wednesday, the jury retiring at 5 o’clock. At 9.30 they came into court with a verdict of guilty, with a recommendation to mercy.

    Mr Lysaght, advocate for the accused, submitted the following objections to His Honor:– 1. That His Honor was wrong in submitting evidence of the reasons of Mrs Evans for not telling her husband of the boy’s statement or condition. 2. That His Honor was wrong in commenting to the jury on and directing them that the reason given by Mrs Evans should be taken into consideration by them as to the value of her testimony. 3. That the accused had not had a proper trial in that a juryman was in a state of unconsciousness, and slept during the trial, and only awoke when roused by two other jurymen.

    His Honor, in passing sentence, said that as the jury had recommended the accused to mercy on account of his youth and previous good character, he would pass a sentence of 7 years’ penal servitude.

~ ~ ~ ~ ~

The Sydney Morning Herald, Sat 11 May 1907 ⁵

SUPREME COURT OF NEW
SOUTH WALES.
———
IN BANCO.
(Before the Chief Justice, Mr Justice Cohen,
and Mr Acting Justice Rogers.)

APPEAL AGAINST CONVICTION.
Rex v. Kelly.

    Mr L Armstrong, instructed by Mr BA McBride (agent for Mr AA Lysaght, of Wollongong), appeared for the prisoner in support of an appeal against his conviction; and Mr Delohery, instructed by Mr JV Tillett (Crown Solicitor), in support of the conviction. The special case stated by Acting Judge Harris set out that prisoner, Charles Edward Michael Kelly, was tried before him at the Wollongong Quarter Sessions, on March 26 last, on an indictment charging him with having, at Dapto, on December 20, 1906, committed a criminal assault. He was convicted, and sentenced to seven years’ penal servitude. At the request of Mr Lysaght, the attorney who appeared for the prisoner, the following questions were reserved by the Judge for the opinion of the Court:—1. Was I right in asking the witness Mrs Fanny Evans her reasons for not telling her husband of the boy’s condition? 2. Was I right in telling the jury that they could consider those reasons when weighing Fanny Evans’s evidence? 3. Was there any mistrial? In the course of the argument on behalf of the Crown it was submitted, on the authority of decided cases, that even if the evidence referred to was inadmissible, there had been no substantial wrong or miscarriage of justice, and that being so the conviction must stand.

    The Court reserved judgment.

~ ~ ~ ~ ~

The Sydney Morning Herald, Wed 12 Jun 1907 ⁶

LAW NOTICES.
———
Wednesday, June 12.
———
SUPREME COURT.

…
    In the Supreme Court of New South Wales.—Tuesday, the 11th day of June, AD, 1907.—The Full Court will sit as of the second term on Friday, June 14 instant, at the hour of 10 o’clock in the forenoon, to hear the Crown case of Rex v Charles Edward Michael Kelly. Fredk M Darley, CJ, HE Cohen, J, RM Sly, AJ,

~ ~ ~ ~ ~

The Sydney Morning Herald, Sat 15 Jun 1907 ⁷

LAW REPORT.
———◦———
Friday, June 14.
———
IN BANCO.
Before the Chief Justice, Mr Justice Cohen,
and Mr Acting Justice Sly.)

APPEAL FROM CONVICTION.
Rex v. Kelly.

    Mr L Armstrong, instructed by Mr AA Lysaght, of Wollongong (by his agent, Mr BA McBride), appeared for the prisoner. Charles Edward Michael Kelly, in support of the appeal; and Mr Delohery, instructed by the Crown Solicitor, in support of the conviction. The special case stated for the opinion of the Court by Acting Judge Harris set out that prisoner was tried before him on an indictment charging him in the first count with having committed a criminal assault at Dapto on December 20, 1906, upon Francis Robert Evans, a boy of ten years of age. A second count charged him with assault. He was convicted on the first count, and sentenced to seven years’ penal servitude, and the following questions were, at the request of the attorney for the prisoner, reserved for the opinion of the Court:—(1) Was I right in asking the witness Fanny Evans (mother of the boy) her reasons for not telling her husband of the boy’s condition; (2) was I right in telling the jury that they could consider those reasons when weighing Fanny Evan’s evidence; (3) was there any mis-trial? The case was before the Court in May last, when Judge Rogers was on the Bench, and it was now reargued.

    After hearing argument.

    The Chief Justice said he had carefully considered the matter since the previous argument, and had come to the conclusion that that the Judge was perfectly justified in asking the question. He went further, and stated that the Crown Prosecutor might have asked the question. The cross-examining counsel at the trial having chosen to ask Mrs Evans, “You did not tell your husband,” and leave it there, even the Crown Prosecutor could have asked Mrs Evans for her reasons for not informing her husband; and it was the duty of the Judge, in the interests of justice, to do so.

    Mr Justice Cohen and Mr Acting Justice Sly concurred.

    Appeal dismissed and conviction upheld.

~ ~ ~ ~ ~

South Coast Times and Wollongong Argus, Sat 22 Jun 1907 ⁸

WEEK BY WEEK
———◦———

…
    The appeal case of Charles Kelly (convicted at lat Wollongong Sessions of a criminal assault at Dapto and sentenced to seven years’ imprisonment) was further considered by the Full Court on Friday. After argument the appeal was dismissed and the conviction upheld.

~ ~ ~ ~ ~

Charles Edward Michael Kelly, Gaol photo sheet ⁹

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Gaol Photo Sheet - Transcribed Details

No. 10331
07 - 1711

Date when Portrait was taken: 3-4-1907

Name: Charles Edward Michael Kelly

Native place: Bega Year of birth: 29 July 1888 Arrived       Ship: in Colony }   Year: BS Trade or occupation previous to conviction  } Farm hand Religion: R. Cath Education, degree of: R & W Height: 5' 8¼" Weight     On committal: 142 in lbs     } On discharge: Colour of hair: Brown Colour of eyes: Blue

Marks or special features: Scar on knuckle of right forefinger

(No. of previous Portrait ... )  CONVICTIONS
Where and When				Offence.	Sentence
Wollongong Q.S	27	3	1907	Buggery	7 years P.S.

 

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¹     South Coast Times and Wollongong Argus, (NSW), Sat 29 Dec 1906, p. 10.

²     South Coast Times and Wollongong Argus, (NSW), Sat 19 Jan 1907, p. 9.

³     The Illawarra Mercury, Tue 26 Mar 1907, p. 2.

⁴     The Illawarra Mercury, Tue 26 Mar 1907, p. 2. Emphasis added.

⁵     The Sydney Morning Herald, Sat 11 May 1907, p. 11.

⁶     The Sydney Morning Herald, Wed 12 Jun 1907, p. 6.

⁷     The Sydney Morning Herald, Sat 15 Jun 1907, p. 8.

⁸     South Coast Times and Wollongong Argus, (NSW), Sat 22 Jun 1907, p. 14.

⁹     SRNSW: NRS2138, [3/6072], Darlinghurst Gaol photographic description book, 1907-1909, No. 10331, p. 33, R5112.

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