Northern Star, Fri 28 Aug 1908 1
LISMORE POLICE COURT.
———◦———
Thursday, August 27.
———
Before Mr MH Fitzhardinge, PM.
———
…
REMANDED.
Mahomet Box, an Indian, was remanded for eight days on a charge of having, at Wyrallah on the 15th inst, assaulted one Amos Moss with intent to commit an unnatural offence.
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Northern Star, Thu 3 Sep 1908 2
LISMORE POLICE COURT.
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Wednesday, September 2.
————
Before Messrs MH Fitzhardinge, PM, and J Chisholm, JP.
…
REMANDED.
Mahomet Box, on remand, charged with an attempt to commit an indecent assault upon one Amos Moss, at Wyrallah, on August 15th, was further remanded, upon the application of the police, for eight days. Mr Best (McIntosh and Best), who appeared for the accused, applied for bail, which was granted, self in £80 and one surety in a similar amount, or two of £40 each.
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Northern Star, Fri 11 Sep 1908 3
LISMORE POLICE COURT.
———◦———
Wednesday, September 9.
———
(Before Mr MH Fitzhardinge, PM.)
…
Mohommed [sic] Box was committed for trial for an indecent offence to the next Circuit Court, on a boy aged 14. The evidence of the boy and a number of school fellows was plain. Bail was refused.
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Deposition Mahomet Box 12 Oct 1908 Lismore for trial 4
(a) Town. |
Letter from Bench of Magistrates at (a) Lismore |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Rex v. (b) Mahomet Box |
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(c) Offence. |
(c) Assault with intent to commit the crime of buggery |
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(d) Town. |
Police Office, (d) Lismore |
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10th September 1908 |
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Sir, |
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(e) Name of accused |
case of (e) Mahomet Box |
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(f) “His” or “her” |
who has been committed to take (f) his |
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(g) “Circuit Court,” or |
trial at the (g) Court of Gaol Delivery |
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to be held at (h) Lismore |
on Friday |
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(h) Town where Court |
the 9th day of October 1908 |
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The accused is (i) confined in the gaol at Casino |
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(i) “Is confined in the |
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(k) As in Recognizance, both for Crown and defence, specifying also what witnesses gave evidence but were not bound over, with reason for omission. |
The Witnesses bound over are (k) Charles Richards Laidman, of Lismore Police Constable; Amos James Henry Moss, of Wyrallah; Sarah Moss of Wyrallah married woman; Thomas Tulk of Wyrallah labourer; James Alfred Moss, Leslie Jordan, Arthur Jordan of Wyrallah; and Sarah James Moss of Wyrallah, farmer.
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(l) Short description to enable identification. |
The Exhibits enclosed are (l) “C” Warrant for the arrest of the defendant |
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I have the honor to be, |
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[Signed] C[harles] W[illiam] Thomas |
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Acting Clerk of Petty Sessions |
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The Under Secretary, |
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N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates |
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4g 201-90 |
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NEW SOUTH WALES POLICE.
Northern District,
Lismore Station.
12th September 1908.
Report relative to antecedents of:–
Name: Mahomet Bux [sic]
Offence: Assault with intent to commit the abominable crime of buggery
Committed for trial at: Lismore Circuit Court
Date: 9th October 1908.
Constable Laidman that the above-named offender (Mahomet Bux) has been living in this district for several years past, and during that time there have [been] no convictions recorded against him.
[Signed] CR Laidman, Constable.
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Memorandum.
Clerk of the Peace, Sydney.
Crown Prosecutor, PK White.
Rex versus Mahomet Box, Lismore Circuit Court.
If Mr White considers the attendance of the witnesses Leslie Jordan and Arthur Jordan unnecessary will he please notify that fact on the fold of the depositions.
[Initialled] AEW, 30.9.08
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Depositions of Witnesses.
New South Wales,
TO WIT. }
The examination of Charles Richards Laidman of Lismore in the State of New South Wales, Police Constable, Amos James Henry Moss, Wyrallah; Sarah Moss, of Wyrallah, married woman; Thomas Tulk of Wyrallah, labourer; James Alfred Moss, Leslie Jordan, Arthur Jordan of Wyrallah, and James Moss of Wyrallah, farmer in the said State, taken on oath this 9th day of September in the year of Our Lord one thousand nine hundred and eight at the Lismore Police Office, in the said State, before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of Mahomet Box who was charged this day before me for that he, the said Mahomet Box on the 15th day of August in the year of Our Lord one thousand nine hundred and eight at Wyrallah in the said State, did assault one Amos Moss with intent to commit the abominable crime of buggery with the said Amos Moss.
1
Mr McIntosh appears for the defendant.
Mahomet Box
Assault with intent to commit the crime of buggery.
This Deponent Charles Richards Laidman on his oath, saith as follows:– I am a Constable of Police and am stationed at Lismore. On the 24th August 1908 I proceeded to Wyrallah, and saw the accused who was brushing lantana. I said to him “Where were you on last Saturday week?” He replied, “Me here.” I said to him “Did you see Amos Moss on that day?” He said, “Yes, me see him.” I said, “What did you do to him?” He said, “Nothing boss.” I said, “Did you take his belt off and try to take his trousers down?” He replied, “No, no boss, that plenty bad boy, plenty bad talk, me no
2
like ‘ee’. He throw ‘em’ stone and nearly hit me, me show stone.” I said, “Did you chase that boy that day?” He said, “No boss.” I then went down to his camp situated about half a mile away. He showed me a small patch in the garden about 4 inches square where something had been pulled out, and he said “That boy steal ‘he am’ carrot, plenty bad talk, throw stone at me.” I left and on the 26th August proceeded to Wyrallah, and saw the accused again. He was brushing lantana. I called him and said “I want you to come to town with me.” He said, “What for?” I said “I have a warrant for your arrest for assaulting Amos Moss on the 15th August at Wyrallah with intent to commit the abominable crime of buggery.” He said, “I suppose I no go.” I said, “There is no supposing about it, you will have to come.” He then said. “All right boss.” I cautioned him, and told him that anything that he may have to say would be taken and given in evidence against him at his trial. He made no reply. After proceeding about 200 yards he pointed to a stump situated about 30 yards from the main road, and said, “Boy nearly hit em me with stone, me work ‘em there. I show you stone.” We proceeded along about 200 yards further, and he picked up a small stick and threw it into a paddock where he was residing, and said, “That where me see boy that day. I say to boy, ‘what you doing here?’” Boy say, “Nothing.” I say, “You been stealing carrot along
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my garden.” I catch hold of boy, and hit em, boy run away. I said, “Did you chase the boy that day?” He said, “No.” I said, “Did you go into Mr Moss’s paddock that day?” He replied “No.” We then got to his camp, and he handed me the stone produced 5 which he said the boy had thrown at him. He also handed me some carrots produced 6 which he said the boy had dropped when he met him. I read the warrant to him which I now produce. 7 He made no reply. I then brought him to the lock up.
No questions by Mr McIntosh.
[Signed] CR Laidman.
Taken and sworn at the Police Court, Lismore, this ninth day of September 1908 before me.
[Signed] Moreton H[yde] Fitzhardinge, PM.
4
This Deponent Amos Moss James Henry Moss on his oath, saith as follows:– I live at Wyrallah with my father. I know the accused Mahomet Box, and remember the 15th August last. I was at my father’s residence. I met the accused on the Government Road about half past one, near the corner of my father’s paddock. Accused spoke first. He said to me, “What you doing here?” I said, “Looking at this old plough.” He said to me, “You father go Lismore today?” I said, “Yes.” He said, “I think Mr Jim go too?” I said, “Yes.” He said to me, “I got plenty money, you ‘nother side lantana come, I want jump, quick have ‘em.” I said “No.” He grabbed me by the leg and pulled me down, we had a scramble on the road and when I saw he had the best end of me I sang out “Tom!” Tom is a man working on the farm. He then struck me on the face. I said to him, “What you hit me for?” He said, “Never mind, I very sorry.” He then took my belt off, I grasped my pants and held them up, he tried to pull them down but could not. He then let me go. I got through the fence and threw a stone at him. He picked up the stone and said, “Amos Moss you bloody shitting bugger, you blasted sneak, you father he bloody fucking bastard, you mother she bloody gin.” He then came through the fence at me with his hook and said, “If I see you in the paddock or even on the side of the road I smash your bloody brains out, you bugger, I will.” I then ran home, and got an old empty gun to frighten him. As soon
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as ever he saw the gun he ran away, and the next I saw of him was going through Mr Edward Tulk’s paddock. When I got home I told my mother what the hindoo [sic] had done to me. I saw Tom where he was working. His name is Thomas Tulk. I gave him a short account of what the hindoo had done.
To the Court: I am 14 years and 10 months old. All this took place on the road.
By Mr McIntosh: I have known the accused for six or seven years, and have known him pretty constantly all the time. He has [been] living alongside of our farm. He keeps a garden there. I had no trouble with him last year about melons. He did not make a complaint about me. I saw him the day before. He was brushing lantana on the road. I was driving a cream cart that day. I left the cream cart and went half a chain towards him. He reckoned his dog had ticks. I could not see any ticks. I told him where I had been, and he said he would have to go on working. He did so, and I went home. The plough was on the middle of the road. It has been there five or six months. It is against an old log. I was getting wedges at the time I looked at the plough. I took the wedges out of the bag on the road. I was looking at the plough as I came back. The blacksmith was asking me about the plough. He asked me about it several times, and I told him. He wanted old iron. I practically gave it to the blacksmith. The wedges were about 2 chains away from the plough. The hindoo was working about 4 chains away from where the wedges were. I had a half inch belt on. The hindoo was on the
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other side of me when he pulled my belt off. I had not been at his garden before. There is no truth in what he said about me being at his garden taking carrots. Tom was about 250 yards away from where I met the hindoo. The belt was not run through the back buckle of my trousers. The belt was on the ground when I got it. Accused was right against me when he made the suggestion to me. I said I would not go. I knew what he meant. I did not remain talking to him after that. He then grabbed me and wanted to pull me down. He told me he had the best of me when I sang out. He was standing over me, he had me down. I never had a row with him. I went straight home and got the gun. Tom was not there. My brother and my mother were at home when I got there.
By Sergeant Lewis: The day I saw him with the cream cart was the day before the event happened.
To the Court: The road is not a cleared one.
[Signed] Amos Moss.
Taken and sworn at the Police Court, Lismore, this 9th day of September 1908 before.
[Signed] Moreton H Fitzhardinge, PM.
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This Deponent, Sarah Moss on her oath saith as follows:– I am the wife of James Moss and reside at Wyrallah. The last witness is my son. I know the accused by sight. He works at Wyrallah close to our farm. I remember the day in question, and remember my son coming to me and making a complaint. He was very excited and crying. He had a gun in his hand when I saw him. I said, “What is the matter?” He said, “Mother, I went over to get some wedges.” I said “What were you going to do with the gun?” He said “I brought it out to frighten the hindoo, Homity Box. I saw the hindoo getting through the wire with a hook. When I went over to the wedges, the hindoo came up to me, and he said that he knew father was in Lismore, and he caught me by the thigh and pulled me down.” He said “That dirty brute mother wants shooting.” He would not tell me anything more. From what my son told me Mr Moss sent work into the Police.
By Mr McIntosh: Word was sent to the Police on the following Monday. I saw the hindoo getting through the fence with the hook about 50 yards away. The boy said nothing to me till I asked him what he was going to do with the gun. My son was not too friendly with the hindoo, there may have been complaints, I don’t know that there were any from the hindoo about the boy. Tom was about just over from the house when the boy got the gun. I don’t know how far.
[Signed] Sarah Moss.
Taken and sworn at the Police Court, Lismore, this 9th day of September 1908 before.
[Signed] Moreton H Fitzhardinge, PM.
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This Deponent Thomas Tulk on his oath saith as follows:– I am a labourer and in the employ of Mr James Moss of Wyrallah. I remember the 15th August. I was below the house that day working. I was working there all day. I heard James Tulk [sic] call out “Tom!” I answered. I did not go to see what was the matter. I just answered and took no more notice. I did not think I was wanted. I shortly afterwards saw Amos Moss, he told me he had called out to me. He asked me if I heard him call out and I said, “Yes.” He said, “Homity Box is up the paddock, he caught hold of me, and offered me money. He said ‘You come into the lantana with me and I want jiggi jiggi jump.’ He then caught hold of me and threw me down, my belt came off and I had to grasp my pants to protect myself.” He said “The hindoo hit me once or twice, and wanted to drag me down the lantana a bit.” I did not see the hindoo. I know he works close by and know him well enough. I often see him about the road and the children passing to and fro. I never saw any children teasing him.
By Mr McIntosh: Accused works on James Tulk’s farm. I am no relation to James Tulk. I don’t remember if the boy said his belt came off or what. I was about 6 chains from where the boy was when he sang out. I have heard the hindoo had been at this little game before. The boy told me. This has been going on this two years. The hindoo’s garden is about 15 chains from Moss’s house. I was taking out lantana and was not going to cut wood.
[Signed] Thomas Tulk.
Taken and sworn at the Police Court, Lismore, this 9th day of September 1908 before.
[Signed] Moreton H Fitzhardinge, PM.
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This Deponent James Alfred Moss on his oath saith as follows:– I live with my father at Wyrallah. I know the accused. His name is Mahomet Box. I remember the 15th August, it was a Saturday. I saw the accused that day. He was standing in our paddock about 50 yards from the house. He was threatening to smash my brother, Amos’s brains out. My brother was at the house and was standing out at the fence. He was crying. He then go the gun to frighten him away. I have known the accused a good while. I have seen him along the road, and he has spoken to me. Sometimes he used to run his brush hook handle through his fingers, and sometimes he asked us to go in the bushes as he wanted a jump. He offered me sixpence to go into the bush. I can’t remember anything else he said to me.
By Mr McIntosh: I know what the hindoo wanted. No-one was with me at this time, I was by myself. This was at Easter time. I have been good friends with the accused since. I have not been to his place. I have seen him on the road.
[Signed] James Alfred Moss.
Taken and sworn at the Police Court, Lismore, this 9th day of September 1908 before.
[Signed] Moreton H Fitzhardinge, PM.
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This Deponent Leslie Jordan on his oath saith as follows:– I live at Wyrallah with my father. I go to school. I know the accused, his name is Mahomet Box, I have known him about a year and a half. I see him going to school. Sometimes he speaks to me. He said to me, “I will give you sixpence for a jump.” He said he wanted me to go into the lantana. I saw him near Mr Allen’s house, he said to me there, “I’ll give you sixpence for a jump.” I understand what he meant. He said this to me twice.
No questions by Mr McIntosh.
[Signed] Leslie Jordan.
Taken and sworn at Police Court, Lismore, this 9th day of September 1908 before.
[Signed] Moreton H Fitzhardinge, PM.
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This Deponent Arthur Jordan on his oath saith as follows:– I live at Wyrallah with my father. I know the accused, his name is Mahomet Box. I knew him at Wyrallah, he works there. I talk to him and he talks to me. He asked us on the road for a jump. I was on the road when he asked me that. I go to school. I told him I would not, I told him my father was coming and he ran away. I remember the day Ernest Moss was with me, he caught hold of us and asked us if we would give him a jump for 3d. and we said “No,” so he kicked us and let us go.
No questions by Mr McIntosh.
[Signed] Arthur Jordan.
Taken and sworn at Police Court, Lismore, this 9th day of September 1908 before.
[Signed] Moreton H Fitzhardinge, PM.
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This Deponent James Moss on his oath saith as follows:– I am a farmer and reside at Wyrallah. I know the accused. I remember my son making a complaint to me on Saturday the 15th August. My wife told me something when I came home so I went to the milking yard and saw my son. He said he went up for two wedges and old Homity chased him. I said, “What for?”, and he said “He wanted me to go behind the bushes with him.” I said “What for?”, and he said “He wanted me to give him a jump.” I said “Did you go?”, and he said “No. I told him no.” He said “He caught hold of me and tried to pull me down behind the bushes, he tried to pull my trousers down, I sang out for Tom. He then let me go and hit me. I got through the fence and threw a stone at him and he chased me and he said he called you a bastard daddy and mumma a gin, and said he would smash my bloody head in. I made enquiries, and subsequently sent word in to the Police on the Monday after, and a day or two after I came in and got a warrant out for the accused.
By Mr McIntosh: I saw Mr Jordan the same night, and the boy Leslie was called over, and he then denied that the hindoo had done anything to him. The other boy was sick in bed. James Tulk made a complaint to me about my boy being in the hindoo’s garden. I went to the garden that night. I saw a corner of the carrot bed pulled up, about 6 or 8 inches across it, everywhere pulled up clean.
[Signed] James Moss.
Taken and sworn at the Police Court, Lismore, this 9th day of September 1908 before
[Signed] Moreton H Fitzhardinge, PM.
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(F. 2 – “Justices Act, 1902.”)
Statement of the Accused.
State of New South Wales, Lismore
TO WIT. }
Mahomet Box (hereinafter called the defendant) stands charged before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, this 9th day of September in the year of Our Lord one thousand nine hundred and eight for that he, the said defendant, on the 15th day of August 1908, at Wyrallah in the said State, did assault one Amos Moss with the intent to commit the abominable crime of buggery with the said Amos Moss and the said charge being read to the said defendant, and the witnesses for the prosecution, Charles Richards Laidman, Amos James Henry Moss, Sarah Moss, Thomas Tulk, James Moss, Leslie Jordan, Arthur Jordan, and James Moss being severally examined in his presence, and (the depositions of the said witnesses having been read to him), the said defendant is now addressed by me the said Justice, as follows:– “Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing, and may be given against you in evidence at your trial; and you are also informed, and are to clearly understand, that you have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to you to induce you to make any admission or confession of your guilt, but whatever you now say may be given in evidence against you upon your trial notwithstanding such promise or threat.” Whereupon the said defendant saith as follows:– “Reserve my defence.”
Taken before me and read over to the said defendant at Lismore in the said State, the day and year first above mentioned.
[Signed] Moreton H Fitzhardinge, PM.
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G. 190.
New South Wales,
TO WIT. }
REX.
versus
Mahomet Box
Offence,— Assault with intent to commit the crime of buggery
The accused stands committed to take his trial at the next Court of Gaol Delivery to be holden at Lismore, in the State of New South Wales, on the ninth day of October 1908. Bail allowed the accused in £ and two sureties in £ each, or one in £ Bail refused.
[Signed] Moreton H Fitzhardinge, PM
JP.
Dated at the Police
Office, Lismore
in the said State,
this ninth
day of September
AD 1908
4g 416 - 88
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“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Lismore
TO WIT. }
Be it remembered, that on the 9th day of September in the year of Our Lord one thousand nine hundred and eight Charles Richards Laidman a Constable of the Police Force, stationed at Lismore in the State of New South Wales, Amos James Henry Moss of Wyrallah in the said State, Sarah Moss of Wyrallah in the said State, married woman Thomas Tulk of Wyrallah in the said State, labourer, James Alfred Moss, Leslie Jordan, Arthur Jordan of Wyrallah in the said State, and James Moss of Wyrallah in the said State, farmer personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged themselves to owe Our Sovereign Lord the King the sum of
FORTY POUNDS EACH,
of good and lawful money of Great Britain, to be made and levied of their goods and chattels, lands and tenements, to the use of our said Lord the King, his Heirs and Successors, if they the said before mentioned persons shall fail in the condition indorsed.
Taken and acknowledged, the day and year first above mentioned, at Lismore in the said State, before me.
[Signed] CW Thomas, JP.
The condition of the within written Recognizance is such, that whereas one Mahomet Box was this day charged before Moreton Hyde Fitzhardinge, Esquire, Police Magistrate one of His Majesty’s Justices of the Peace for the said State, for that on the 15th day of August 1908 at Wyrallah in the State of New South Wales, he did assault one Amos Moss with intent to commit the abominable crime of buggery with the said Amos Moss.
If, therefore, they the before mentioned persons shall appear at the next Court of Gaol Delivery to be holden at Lismore in and for the State of New South Wales, on Friday the 9th day of October 1908, at nine of the clock in the forenoon and then and there give such evidence as they know, upon an information to be then and there preferred against the said Mahomet Box for the offence aforesaid, to the jurors who shall pass upon the trial of the said Mahomet Box.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] CW Thomas, JP.
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[On the depositions’ cover sheet is the following]
Circuit Court
Lismore
9th October 1908
AG’s No. 205
Depositions.
CS’s No. 7
Rex
v.
Mahomet Box
Indecent assault
Committed at: Lismore
on: 9th September 1908
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Court. Lismore CC
Date. 12th October 1908
Cor. Cohen Judge.
Plea. Not guilty
Verdict.
Judgment.
PK White
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.
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(1.) S. 80 Assault with intent
(2.) S. 81 Indecent assault
Approved C[harles] G[regory] W[ade]
16/9/08
I think that the evidence of L Jordan & A Jordan is inadmissible & their attendance may be dispensed with.
[Initialled] PK W[hite, Crown Prosecutor]
1/10/08
Memo to Police
2.10.08
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Northern Star, Fri 9 Oct 1908 8
GENERAL NEWS.
———◦———
CIRCUIT COURT.
The Circuit Court will be opened this morning, before his Honor Justice Cohen. The following is a list of the cases:—
James Hill, false swearing; Ruby Mescall, stealing from a dwelling; Albert Brown and Fredk Vincent Higgins, assault and robbery; Thomas Brennan, forgery and uttering; Jimmy Andrews, grievous bodily harm; Mahomet Box, indecent assault; Albert Brown, maliciously placing an obstruction upon a railway line; Thos Patterson, cattle stealing.
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Justice HE Cohen’s notebook 9
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[Lismore] 12 October 1908
R v Mahomet Box
(1) Assaulting Amos James Henry Moss with intent to commit the crime of buggery. (Sec. 80)
(2) Indecently assaulting AJH Moss. (Sec. 81)
Charles Richard Laidman. Constable – Lismore. On August 24 I went to Wyrallah – saw accused. I said to him: where were you last Frid Saturday week. He said: me here. I said: did you see Amos Moss on that day. He said: yes. I said: what did you try to do to A. Moss on that day. He said: nothing boss. I said: did you take his belt off & try to take his trousers down. He said: no, no boss, that plenty bad boy – plenty bad talk, me no like (?). I said: did you chase the boy that day. He said: no boss – (just ?) by this, he said, boy throw stone along me, nearly hit me – I show you a stone. I then went to camp about ½ mile away with accused. He showed me a square about 4 inches square – where something had evidently been pulled out. Carrots were growing alongside. He handed me a stone produced & said: boy threw this stone at me & nearly hit me.
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He handed me some carrots, produced, & said: boy been pulling carrots out of garden & steal ‘em. I left him. I saw him again on 26th, a little further along. I said: I want you to come to town with me. He said: what for. I said: I have warrant for your arrest for assaulting Amos Moss on the 15th inst. with intent to commit abominable crime of buggery. He said: suppose me no go. I said: it is not a question of supposing, you must come. He came, & when proceeding to camp he (proceeded ?) to stump about ½ chain off road & said: that where me been work that day, boy nearly hit me with stone. He proceeded about 200 yards further when he stooped & picked up a small stick, threw it in to a paddock & said: that’s where me been see boy that day, me catchie hold of boy, me hitee him, he run away. I said: did you chase the boy that day. He said: no. I said: did you run into Moss’s paddock that day. He said: no no boss. I brought him to lockup. From where he said he was working to where he threw stick in would be about 150 yards. Where From where he threw stick in to where carrots pulled up about 200 yards.
Exhibit “A” 10 – Stone & carrots produced. Exhibit A.
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Cross-examined. It may be more than 200 yards. I should say a good deal further. You could see his pa garden from where he threw stick in – just one side of it, not the road side. Where he said he saw the boy was between where he said he was working & the vegetable garden. You couldn’t see the vegetable garden from where he showed me he was working.
Amos James Henry Moss. Live with father. I’m just 16. I know accused for some time. He lives I daresay ¼ mile away from us. He brushes lantana. On August 15 I saw accused about 1.30 pm. He met me on Government road at corner post of father’s farm about 300 yards away from father’s house. He said to me: what are you doing here. I said: just looking at this old plough. He said: your father go to Lismore today. I said: yes. He said: I think Mr Jim go too. He said: I plenty money you know the other side of lantana come – I want jump, have me. I said: no I won ‘t. He caught me by leg & pulled me down. We had wrestle on road & when I saw he had (best end ?) of me I sang out: Tom. He then hit me on the face with his shut fist – I was on the ground & he was leaning over me. He said: if you sing out again I break your nose. I said: what did you hit me for. He said: never mind I’m very sorry. He then took my belt off. I caught hold of my trousers
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& held them up. He tried to pull them down but couldn’t. I held them so that he couldn’t. I didn’t hit at him. He let me go. I got through fence & threw stone at him – he picked up the stone & said: (Amy ?) Moss you bloody (?) bugger you blasted sneak, you father he bloody fucking bastard, your mother she’s a bloody gin. He chased me through fence & called out: If I see you in paddock or even on side of road I’ll smash your bloody brains out you bugger I will. I ran into the house & got an old empty gun & when he saw it he ran away. The next I saw him going in to Edward Tulk’s paddock – past his (own ?) house. Tom Tulk & my mother & 2 brothers were at home. I was crying. Mother saw me. I said something to her. When I 1st took the gun he was about 100 yards away – he had his brush hook in his hand. I hadn’t spoken to Mother then. “Tom” is Thomas Tulk – I saw him working that day about 350 yards away. He was the nearest man I knew. There is an old plough. I had only just gone there when accused came up. I had some (wedges ?) with me.
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I was about a chain away from accused when I threw stone. When I got away I ran. I then stood to listen what he was saying & then ran again.
Cross-examined. He was in very bad rage. I threw stone when he was going away from me. As soon as I threw stone I knew he would run after me. I gave evidence at Police Court on September 9. He was about 200 yards away when he chased me. I was about 200 yards away when he said what I have stated. He hadn’t started after me then. The language has never been read out to me since Police Court. I found out on Friday week my age was 16 – it’s in the bible. I wasn’t surprised to find I was 16. I didn’t swear I was 14 years & 10 months in this Court – The signature shown me is mine. My evidence was read to me – (deposition is produced) I was 16 on October 2. I meant to say at Police Court 15 years & 10 months. I have had no previous trouble with accused – I’ve (known ?) his garden for about 6 months. He has been working there about 12 months. I had no trouble with accused about melons. On Friday morning August 14 11 I had had 3 horses & he wanted to know what I was doing with them. I said I had them to draw dead horse away. He complained to me his dogs had ticks. I couldn’t
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find anything wrong with them. I had taken the dead horse away. He had his dog there. I had taken cream down & had empty cans coming back – I had 3 horses in cream cart. I know the proposal accused made was indecent. I didn’t try to hit him. I was crying on the ground. I was just rising when he took my belt off. My face was swollen next day. The cheek. He had me beat & I couldn’t call out again. He didn’t catch me at the carrots. On the Friday I didn’t come to where he was brushing. He called to me – I went to about line.
Re-examined. I saw Sergeant Lewis on the Monday – no mark on face then – it had gone away. I pointed out something to him.
Sarah Moss. Mother of last witness. I know accused. On August 15 I was at home – saw last witness. He was on verandah – a gun with him – very excited & crying. He Did he make complaint to you? Objected to – not pressed. He said something to me. I saw accused that day – about 100 yards from my house – going from it, carrying a book. My son there on verandah with gun in his hand.
Thomas Tulk.
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Thomas Tulk. Labourer, employed by Moss, Wyrallah. On August 15 I was working for him, below the house 1 or 1½ chains – was working all day. I’m generally called “Tom”. Amos Moss called out “Tom” that day – I know voice. I know old plough on road. Voice came from that direction. I was about 6 chains from old plough when I heard “Tom” called. I took no more notice. I saw the boy about 30 minutes afterwards – he came to where I was working – a little excited & inclined to cry. He said something to me.
James Alfred Moss. I’m going on for 14. I am brother to Amos – live with father. I know accused. On August 15 I saw accused about 3 o’clock – standing on the hill about 50 yards from house – on our ground. He had brush in his hand. My brother on verandah with gun in his hand. He was crying.
Crown Case closes.
Defence.
Mahomet Box. (Ameer Khan is sworn as interpreter & administers the oath binding on Mahomedans to Box) Accused resides at Tulk farm, Wyrallah. I lived at Tulk’s farm 1 year & 2 months.
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I do any work for Tulk. I had vegetable garden – 1 chain long ½ a chain wide. I know Amos Moss – I see him, I not talk to him, he not talk to me. On Friday 12 before the Saturday I w brushed lantana – 8 or 9 yards from road. I saw him – he bring cream cart. He asked sung out to me: you no brushing, I sack you. I say: you not my boss – it’s my boss’s business. He came I didn’t show him my dog – it was in camp. It was about 10 am – I saw him on Saturday after dinner – I was brushing lantana, about 2 chains from road & about 1 chain at another part. When I was smoking I saw the boy coming this paddock from direction of camp with carrots in his hand. I went up to him & asked him where he came from. He said he came through my camp. I said: where did you get the carrots. He said: from your garden, but not many of them. I took carrots from him & told him not to come any more to my garden. I said: if you come again I’ll tell Mr Tulk to tell your father. Moss went away. He I started working again. Somebody threw stone at me. I couldn’t see then who it was but afterwards saw the boy – stone came from direction where boy was. The boy swore at me
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& I ran after him – I had brush hook in my hand. I ran after him & when I just got up the road I saw boy with gun – I then went to Tulk’s. I didn’t sing to the boy. Accused denies the evidence of AJH Moss as underlined in pencil at 41/2. When I was running after him he sang out Tom. A I’ve been in this country 10 years.
Cross-examined. I’m not married. I know what “jump” means – sometimes for jumping horses & sometimes a bad word. I never used the brush as you suggest. I know James Alfred Moss. I never did as you suggest & say to him I’ll give you 6d. I know little boy George. I never said to him me give you 6d, you give me jump, nor did I to Arthur Jordan. I didn’t say to them I’ll give you 3d for jump & when they said no I didn’t kick them. I know the old plough – I don’t know whether AJH Moss there that day – we were talking about chain from plough. I have bunk in my hut. I know Ernest Moss. He & Jordan not in my hut about 3 months ago – Jordan was once by self. I didn’t say to him you go into my bunk I’ll give you 6d – I didn’t take down my own trousers. I didn’t count how many carrots were pulled up – about 1 foot square. I didn’t hit the boy that day – he wasn’t crying. When I saw boy with gun I went back. My house
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about 20 chains from Moss’s. “Gin” is a bad word. It means a woman who goes. Gin means devil.
Re-examined. I saw Tulk on Saturday & spoke to him. I showed him the garden & the carrots.
James Tulk. Farmer near Wyrallah. I know accused – about 6 years. He worked for me 5 years ago – left me for some time & came back to me on June 9/07 & remained till his arrest. He resided on my place. Since June/07 – except a few weeks he worked from for me up to his arrest. He had a little garden about chain square. I’m married, with children (4) up to 12 years old. I never saw anything wrong with him. The 1st time he was with me he resided in barn near about 3 chains from house. He was one of the best workmen & best behaved men I ever had. On the From something I heard on the Saturday I went to accused’s house – he showed me a bed of carrots which he complained had been disturbed – & a bunch of carrots, 15 to 20. I was along the road on the Friday morning – Accused was working about 3 chains from road & about 12 to 14 chains from camp. Dog was tied up in his camp – usual place.
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Cross-examined. The carrot bed about size of bar table. What I saw disturbed was at 1 end of bed.
Re-examined. Webber I know the road very well where offence is said to be committed. It is visible from Moss’s – for some distance at either side of plough. No lantana on Moss’s side of the road.
Robert Webber. Labourer employed by Tulk – for about 18 months. I reside on his property – & was in his employ while accused was – worked with him all the time except a couple of times. His conduct was good – well behaved – decent – I 13
Frederick William Allen. Dairy farmer, Wyrallah. I know accused since he came to work for Tulk – the last year. I’ve seen him at work constantly. I think he is one of the best Indians we’ve had in the neighbourhood, one of the most industrious. I’ve never seen any misconduct in him.
Defence closes.
Reply.
James Alfred Moss. Did accused ever do anything with his hands? Objected to – rejected.
Sheridan to jury 12.15 pm to 12.30 pm.
White to jury 12.30 – to 12.46
I sum up 12.46 – 1.5 pm.
Jury retire at 1.5 pm.
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Jury return at 2.20 pm.
Verdict ‘Not Guilty’
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The Northern Star and Richmond and Tweed Rivers Advocate, Sat 10 Oct 1908 14
SUPREME COURT OF N.S. WALES.
———◦———
LISMORE CIRCUIT.
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Friday, October 10.
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Before His Honor, Justice Cohen.
Mr PK White (instructed by Mr HP Curtis, of the Crown Law Department) prosecuted on behalf of the Crown.
Mr EP Cohen was Clerk of Arraigns.
Barristers present were:—Messrs JP Sheridan and GE Flannery.
Mr G Nesbitt acted as Deputy Sheriff.
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The Northern Star and Richmond and Tweed Rivers Advocate, Tue 13 Oct 1908 15
SUPREME COURT OF N.S. WALES.
———◦———
LISMORE CIRCUIT.
————
Monday, October 12.
————
Before His Honor, Justice Cohen.
Mr PK White Crown Prosecutor.
————
…
ACQUITTAL.
Mahomet Box pleaded not guilty to a charge of attempting to commit an atrocious crime at Wyrallah on August 15, 1908. A second count charged him with indecently assaulting one, Amos James Henry Moss on the same date.
Mr Sheridan (instructed by Mr PG Best, of McIntosh and Best) for the defence.
The following jury was empanelled:—J Gardiner, C Barber, P Sexton, AH Cunningham, WW Monaghan, E McLean, S Robb, FH Bartlett, J Cooper, P Hicks, EW Fraser, JJ Goswell.
The Crown twice exercised the right of challenge.
The evidence in this case was unfit for publication. The witnesses called by the Crown were Constable Laidman, Amos Joseph Henry Moss, Mrs Moss, James Alfred Moss, and Thomas Tulk.
The defence was a denial of the offence. James Tulk, Robert Webber and Frederick William Allen gave evidence as to the good character of the accused.
Mr Sheridan having addressed the jury, Mr White replied, and his Honor summed up. In doing so he withdrew the second count from the jury, who retired at 1 o’clock.
At twenty minutes past two the jury returned into Court with a verdict of not guilty.
Accused was then discharged.
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The Richmond River Herald and Northern Districts Advertiser, Fri 16 Oct 1908 16
LOCAL AND GENERAL NEWS.
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CRIMINAL COURT.—At the Circuit Court at Lismore last week
…
Mahomet Box, for alleged unnatural offence at Wyrallah, was acquitted,
1 Northern Star, Fri 28 Aug 1908, p. 2.
2 Northern Star, Thu 3 Sep 1908, p. 3.
3 Northern Star, Fri 11 Sep 1908, p. 3.
4 SRNSW: NRS880, [9/7132], Supreme Court, Papers and depositions, Lismore, 1908, No. 205. Emphasis added.
5 Mn: Marked A
6 Mn: Marked B
7 Mn: Marked C
8 Northern Star, Fri 9 Oct 1908, p. 2. Emphasis added.
9 SRNSW: NRS5788, [2/2738], Judiciary, HE Cohen, J. Notebooks Circuit Court, 1895-1910, pp. 39-50. Emphasis added.
10 Mn: Ex “A”
11 Mn: Friday Aug 14
12 Mn: Friday
13 Sentence unfinished.
14 The Northern Star and Richmond and Tweed Rivers Advocate, Sat 10 Oct 1908, p. 4.
15 The Northern Star and Richmond and Tweed Rivers Advocate, Tue 13 Oct 1908, p. 2.
16 The Richmond River Herald and Northern Districts Advertiser, (NSW), Fri 16 Oct 1908, p. 10.