1909, Charles Robinson

Cowra Free Press, Thu 2 Sep 1909 ¹

POLICE COURT.
———◦———
Monday [30 August]
Before Mr F[rank] B[urford] Treatt, PM.

…
Charles Robinson, charged with an abominable offence on Henry William Dunlop, was committed to take his trial at Cowra Quarter Sessions on October 15th.

~ ~ ~ ~ ~

Depositions for Charles Robinson 4 Sep 1909 Wagga Wagga trial ²

(a) Town.	Letter from Bench of Magistrates at ^(a) Cowra
	transmitting Depositions
(b) Name in full of accused.	in the case Rex v. ^(b) Charles Robinson
(c) Offence.	^(c) Buggery.
(d) Town.	Police Office, ^(d) Cowra
	30th August 1909
	Sir, I have the honor, by direction of the Bench of Magistrates, to transmit herewith the Depositions, and other documents in the
(e) Name of accused	case of ^(e) Charles Robinson
(f) “His” or “her”	who has been committed to take ^(f) his
(g) “Circuit Court,” or “Quarter Sessions.”	trial at the ^(g) Quarter Sessions
	to be held at ^(h) Cowra	on Friday
(h) Town where Court to be held.	the 15th day of October 1909 or at such time and place the Attorney General may appoint.
	The accused is ⁽ⁱ⁾ confined in the Gaol at Young.
(i) “Is confined in the Gaol at …,” or “has been admitted to bail” (with full particulars as to sureties, addresses, occupations, and amounts, as set out in Recognizance.)
(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 is are ^(k) Frederick William Dolman of Koorawatha Senior Constable of Police. Henry William Dunlop of Koorawatha, and Bridget Ellsmore of near Koorawatha also gave evidence but were not bound over, the former because he is a minor, and the latter because she is a married woman.
(l) Short description to enable identification.	The Exhibits enclosed are ^(l) Nil
	I have the honor to be, Sir, Your obedient Servant,
	[Signed] J Miller, JP
	Clerk of Petty Sessions
The Under Secretary, Department of the Attorney General and of Justice.
N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates
4g 201-90

~ ~ ~ ~ ~

Cowra
September 6th 1909.

I certify that by order of the Police I examined William Henry Dunlop aged 14 years and 8 months. From the results of that examination I cannot find any evidence to show that the crime, which he, William Henry Dunlop, says has been committed on him on several occasions, has taken place.

[Signed] John Edward Foley.
Government Medical Officer, Cowra.

~ ~ ~ ~ ~

Police Department, Superintendent’s Office.
Western District.
Bathurst, 3rd September 1909.

Senior Constable Dolman,
Koorawatha.

Subject:– King versus Charles Robinson, sodomy. Cowra Quarter Sessions 15.10.1909. Medical examination of boy William Henry Dunlop.

³ Forwarded to Senior Constable Dolman for prompt attention in terms of the attached memorandum of the Clerk of the Peace.

Return papers through Forbes.

[Signature illegible], Sub-Inspector, in absence of the Superintendent of Police.

~ ~ ~ ~ ~

Police Station Koorawatha,
6th September, 1909.

Subject:– Re medical examination of Henry William Dunlop

Senior Constable FW Dolman, reports that he did on the above date, take the boy Henry William Dunlop, the prosecutor in the case Rex versus Robinson, referred to in the attached memorandum of the Clerk of the Peace, before John Edward Foley, of Cowra, Government Medical Officer of the District. The result of the Dr Foley’s examination is herewith attached.

[Signed] FW Dolman, Senior Constable.

~ ~ ~ ~ ~

Office of the Clerk of the Peace,
Sydney, 2nd September, 1909.

The Superintendent of Police, Bathurst

Memo.

⁴ Will the Superintendent of Police, Bathurst, be good enough to cause the boy Henry William Dunlop, the prosecutor in the case named in the margin, to be examined by the Government Medical Officer at Cowra, so as to ascertain, if possible whether there are indications of the offence having been committed with which the accused stands charged.

Senior Constable Dolman of Koorawatha, has charge of the case.

[Signed] WR Beaver, Clerk of the Peace.

~ ~ ~ ~ ~

Office of the Clerk of the Peace,
Sydney, 7 September, 1909.

The Under-Secretary, Department of the Attorney General and of Justice.

Memo:–

Rex versus Charles Robinson.

This accused was committed on 30th August last for trial at Cowra Quarter Sessions on 15th October next for an unnatural offence.

He is unable to obtain bail, and desires to be tried at Yass or Wagga Wagga.

Trial at Yass Quarter Sessions on 16th instant would mean an extra cost of £4, and if tried at Wagga Wagga Circuit Court on 29th instant the extra expense would be about £5. [Initialled] AEW, for Clerk of the Peace.

~ ~ ~ ~ ~

The Comptroller-General of Prisons.

Prisoner’s Application or Statement.

(The necessary reports of the gaoler and other officers to follow prisoner’s statement, and usual particulars on separate form to be attached.)

Young Gaol,
1 September 1909.

From prisoner Charles Robinson trial.

Subject: Asking to be tried at some Court other than Cowra as early as convenient.

Prisoner Charles Robinson respectfully makes application to the Comptroller-General of Prisons to have his case heard at an earlier date than that set for Young and Cowra 15th October and most respectfully asks to be sent for trial to Yass or Wagga Wagga. The prisoner will feel grateful if he is tried at some other court, as it is a long time to wait for the Young and Cowra Sessions, and the suspense is very much felt by him.

[Signed] Charles Robinson.

Particulars of Conviction and Prison History of Charles Robinson, 1 Sep 1909

PARTICULARS of CONVICTION and PRISON HISTORY of Charles Robinson (09/14044) a prisoner in Young Gaol,
Name of Prisoner		Charles Robinson
Born	Where	England
	When	15 February 1874
Convicted	Where	Cowra Police Court
	When	31 August 09
Offence		Assault and wickedly and carnally knew and commit Buggery
Sentence		Trial Cowra QS 15 Oct 09, or such place as Attorney General may direct
Judge DSM		PB Treatt, PM
Recommendation or Remarks
Due for Discharge on
Eligible for ........ Gratuity to date.
Eligible ............. Bonus, &c., &c., to date.
PREVIOUS CONVICTIONS.
Where	When		Offence	Sentence
Not known

(Over.)

PRISON HISTORY.
MARKS.

IN THE
GAOL AT

Dates, showing each period of Remand Trial, and Sentence

Remand, Trial or Sentence

Number of Days

Orderly

Disorderly

Industrious

Idle

Sick †

From

Young

PUNISHMENTS

Where	When	Offence		Punishment	No. of days loss from remission
		Nil


*General Conduct in Young Gaol: Good
Young Gaol,
11th September 1909.		[Signature illegible] Officer in Charge
*The words “very good,” “good,” or “bad”, to be used, and any additional observations that occur to Gaoler.
†Sick, Sundays, and Holidays			Total
Days when no work available
Days when neither Industrious not Idle
Days serving Punishment Sentence in Cells

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Office of the Clerk of the Peace,
Sydney, 2nd September, 1909.

The Gaoler, Young.

Memo.

Is there any likelihood of the accused named in the margin (Rex v. Charles Robinson unnatural offence) obtaining bail before the date of next Cowra Quarter Sessions, viz. 15th October next.

[hand written] No.

If not, and assuming the Attorney General is willing to change the venue, would the accused be prejudiced in his defence by trial at Wagga Wagga Circuit Court on 29th instant?

[hand written] No.

[Signed] WR Beaver, Clerk of the Peace.

~ ~ ~ ~ ~

There is no likelihood of the accused obtaining bail.

He has already made application to be tried at Yass or Wagga and he states he would feel grateful for the concession to avoid suspense.

[Signature illegible], Acting Gaoler.

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Police Department, Superintendent’s Office,
Western District,
Bathurst, 3rd September, 1909.

The Clerk of the Peace, Sydney.

Subject:– The King versus Robinson, sodomy, Court of Quarter Sessions at Cowra, 15.10.1909.

Subpoenas for service on Henry William Dunlop and Bridget Ellsmore, Koorawatha.

Forwarded to Senior Constable Dolman for necessary attention.
[Signature illegible], Sub-Inspector, in absence of the Superintendent of Police.

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Police Station Koorawatha,
6th September 1909.

Subject:– Subpoenas for service on Henry William Dunlop, and Bridget Ellsmore, both of Koorawatha.

Senior Constable FW Dolman reports that he did on the above date, personally serve the subpoenas above referred to, on Henry William Dunlop, and Bridget Ellsmore, at the same time showed them the original.

[Signed] FW Dolman, Senior Constable.

~ ~ ~ ~ ~

[Subpoena]

In the State of New South Wales,
TO WIT. }

Henry William Dunlop, Bridget Ellsmore, Married Woman Both of Koorawatha.

You are hereby commanded, that all business being laid aside, and all excuses ceasing, you be and appear in proper person before the Court of Quarter Sessions, at Cowra

in the State of New South Wales,
the fifteenth
at the hour of ten

on Friday
day of October
o’clock in the forenoon of the same day, to testify the truth and give evidence on behalf of the Crown in a case of Sodomy against

Charles Robinson

and that you so appear from day to day until the case be tried, and that you depart not without leave of the Court, under the penalty of One hundred Pounds. And this you are in no wise to omit.

GIVEN under my hand, at Sydney in the said State, this second day of September in the year of our Lord One thousand nine hundred and nine

[Signed] WR Beaver, Clerk of the Peace.

Depositions of Witnesses.

New South Wales,
TO WIT. }

The examination of Frederick William Dolman of Koorawatha in the State of New South Wales, Senior Constable of Police Henry William Dunlop of Koorawatha in the said State, minor, and Bridget Ellsmore of near Koorawatha in the said State, married woman, taken on oath this 13th day of August in the year of Our Lord one thousand nine hundred and nine at the Cowra 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 Charles Robinson who is charged this day before me for that he the said Charles Robinson on the 22nd day of August in the year of Our Lord one thousand nine hundred and nine at Carcoar in the said State, did assault Henry William Dunlop and then wickedly and against the order of nature carnally knew the said Henry William Dunlop and did commit with the said Henry William Dunlop the abominable crime of buggery.

This Deponent on his oath, saith as follows:– My name is Frederick William Dolman. I am a Senior Constable of Police stationed at Koorawatha. From something I heard on the night of the 27th instant at about 6 pm, on Saturday morning the 28th instant I went about 3 miles from Koorawatha along the Cowra road to a house, and occupied by Mr William Ellsmore, a labourer, and was there told something. Mr Ellsmore is a married man. From what I was told I went to Wattamondara about 9 miles from Koorawatha and a about 6 miles from Ellsmore’s, arriving there about mid-day. I saw the accused about a mile from the Wattamondara platform, on the Cowra-Young road. He was heading for the platform at Wattamondara and was carrying a swag. I said “Good morning, are you looking for work?” Accused said “Yes.” I said “Where did you come from this morning?” Accused said “From Koorawatha.” I said “Where did you come from to Koorawatha?” He said “From Young.” I said “Where did you come from to Young?” He said “From Sydney.” I said “Did anybody leave Sydney with you?” He said “Yes, I had a mate.” I said “Was he a young man or an old man?” He said “He wasn’t very old and he wasn’t very young.” I said “Where did he leave you?” He said “The other side of Cowra.” I said “Did you have a row?” He said “What’s that to do with you?” I was dressed in full uniform at the time. I said “It is only a civil question.” He said “Well I decline to answer any more questions.” I said “Very well, that will suit me.” Is I then said “I want you to come back along the road with me about 6 miles.” He said “What for?” I said “I will tell you when we get back.” After we went along the road about a mileI was riding along beside him and said “I won’t go any further.” I got off my horse and said to him “You will come.” He said “Well, I’ll come. I frightened of the law but not of you.” I took him back to Mr Ellsmore’s and called a boy named Henry William Dunlop out of Mr Ellsmore’s house

and said to the boy Dunlop, pointing to the defendant, “Do you know this man?” The boy said “Yes.” I said to the boy “What is his name?” The boy said “Charles Robinson.” I said “When did you see him first?” He said “About 3 weeks ago in Sydney.” I said to the boy “Do you know what day it was?” He said “Yes, it was on Saturday night.” I said “Do you know the date?” The boy said “No, but if I saw an almanac I could tell you the date.” I said “What did the man say to you on that Saturday night?” He The boy said “He said to me ‘Would you like to go up country for the shearing?’” The boy said “I said I would.” The next morning the The boy said “The next morning Sunday we went across to North Sydney and we went to Gordon the first night.” I said to the boy “Did you sleep together that night?” He said “Yes.” I said “Did this man, meaning the defendant, try to do anything to you that night while you were in bed?” The boy said “Yes.” I said “What did he try to do?” The boy put his hand round his back to his rump and said “He tried to put something in here.” I said “Do you mean his person?” The boy said “What’s his person?” I pointed to the man and said “His penis.” The boy said “Yes.” I said “Well, the next night where did you go to?” He said “We went to Parramatta.” I said “Did he try it on that night?” He said “Yes.” I said “Where did you go the next night?” He said “To Windsor.” I said “Did he try it on that night?” He said “Yes.” I said “Used he hurt you?” He said “Oh, a bit.” He said “He tried it on me at Carcoar and nearly put it in there and made me yell out. When I yelled out he let me go.” He said “Then we came on to within about 8 miles of Cowra and the man went down one morning to wash himself at a dam and I ran away from him, and I came on through Cowra and out along the road.” The a defendant then said, putting up his finger, “You deny all that in the court Harry, if you don’t you will send me to gaol for years.” The boy said “No, I won’t, it’s the truth and you know it is. You told me the shearers

do it, and I said ‘I don’t want it and I told you before not to do it. I haven’t been brought up to anything like that.’” I then sent the boy away. I then arrested defendant and charged him with committing an unnatural offence of sodomy on Henry William Dunlop on different dates in the month of August 1909. I said “You are not bound to make any answer to the charge, a [sic] anything that you may say …”Before I had time to say any more defendant ran away from me. After going through 2 wire netting fences in a distance of about two between 5 and 6 hundred yards I overtook defendant who was heading for the Bang Bang Ranges. I then handcuffed him and led him into Koorawatha. On the way defendant said “If I had got into those hills you would never have got me.” Yesterday the 29th instant defendant said to me at the lock up while I was giving him his rations “There is not another Policeman out of a hundred that would have wheeled it out of that boy like you did, it will do you no good to send me to gaol for years.”

To defendant: You did not tell me your mate’s age was 16 when I asked you how old he was. You did not tell me that you were no relation of him. I asked you whether they boy was any relation of yours, and you made no reply. I did not ask you why the boy left you. You did not tell me that the boy left you because you beat him. I did not ask you why you beat him. You did not tell you me that it was because he was cheeky. All the questions I asked the boy and which I have given in evidence were asked in your presence, every one of them. You were sitting down within 2 yards of us. I believe the boy did say when I asked him if he knew you, “He is my Uncle Charlie.” The boy did not say he had known you for years. I did not hear the boy say that you visited his place frequently. You said to the boy “Deny all that on oath Charli Harry, because you will send me to gaol for years.” The boy replied “I will not, it’s the truth and you know

it is.” The boy said his name was Harry Thompson. He told me that you told him to say his name was Harry Thompson when leaving Sydney. He has since told me that his name is not Harry Thompson. The boy has not told me at any time that you knew his name is Henry William Dunlop.

[Signed] FW Dolman.

Taken and sworn at Cowra this 30th day of August 1909 before.
[Signed] FB Treatt, PM.

This Deponent on his oath saith as follows:– My name is Henry William Dunlop I was fourteen years of age last January. I am residing at Koorawatha now. My mother died when I was 3 months old and my father died a month ago. I know the defendant. His name is Charles Robinson. I first met him in the Domain in Sydney on a Saturday night, last Saturday three weeks. I was just walking down the Domain and defendant asked me for some matches. I gave him two matches. He said “What are you doing here?” I said “I am looking for my brother.” ⁵ Defendant asked me “Where is your brother?” I said “He ran away.” I said “I’m looking for him.” We came round and defendant said “He couldn’t be round the other side as I have just been round there.” He said “We will have a look this side,” and he struck a match. Then we went up and sat down on a seat in the Domain and defendant said “Would you like to come up the country?” I said “I would be very glad to get away.” After talking there for a while he took me up a little further and (asked) made me to lie down on some papers. I stopped there all night. The next morning, Sunday, we went down and got some breakfast at Kensington Dining Room in George Street. We walked down to the Circular Quay and went across to Miller’s [corrected in pencil to read] Milsons point in the boat, and went by train to Gordon. We stayed at Gordon all day and defendant taught me how to play cards, and at night we put up the tent and went to bed. The two of us were sleeping together. I was lying on my side and he tried to put his thing up me. By his thing I mean his penis. He started to put it up my anus. He did not say anything when he was trying to do this. I thought I wanted to do my business when he was pulling it out and I went outside. I asked him to stop after I came in again. He put his penis into me and that was the first time he had done it and I thought I wanted to do Number 2. Nothing further happened that night. I went to sleep. The next day we walked from Gordon to Parramatta. We camped near the Reservoir at Parramatta. We did not pitch the tent that night, we camped in a

cave. ⁶ We both slept together. The same thing happened again that night. I don’t remember him saying anything that night. I did not say anything. The next day we walked to within 3 or 4 miles of Windsor and camped there. We pitched the tent that night and we both slept together. The same thing happened again that night. The next day we walked on through Windsor and Richmond and out to near an orange orchard out of Richmond. I’m not sure whether we slept with our trousers on that night. I asked him on other nights to sleep with our trousers on and he said “I like bare skin to bare skin.” I don’t think he done it to me that night but I am not sure whether I took my trousers off or not. On Thursday night he did not do anything to me because I slept with my trousers on that night in a man’s shed up on the mountains because it was raining. On the Friday night we camped in a wool shed at Bell and he done the same thing to me again there. I mean when I say he did the same thing to me that he did the same to me as he did on the Sunday night. He stuck his penis up my anus. When he was doing this I was lying on my side and sometimes I would turn over on my back and he would then swear at me and say “It is the only thing you can do for me and you won’t let me do it.” Defendant was lying down at my back while he was doing this, and was lying on his side. We left Bell on Saturday morning and walked to Lithgow. We camped in a cave there. We had a row that day and he made me sleep by myself for a while and after that he let me sleep with him with my trousers on. That was on Saturday night. We left Lithgow and travelled via Bathurst to Carcoar. I cannot fix the places where we slept with our trousers between those two places but we did at some places. We arrived at Carcoar on Sunday morning, yesterday week. We camped at Carcoar in the tent on that Sunday night. Something improper happened that night. I was lying on my side that night and he put his penis into my anus and hurt me and I sang out. He told me “You will love it when it gets over the knot.” We

stopped at Carcoar on the Sunday night and the Monday night and on Monday night I wouldn’t let him do it at all. He pulled the clothes off me and I got up with my trousers and boots on and he made me come back to bed. Nothing further happened that night. On Tuesday night we were sleeping by a bridge on the road to Cowra and I said to him “You are not going to do it any more.” He said “Yes I will.” That night we went to bed and I wouldn’t let him do it at all, and he pulled the clothes off me and got up. I mean he pulled the bedclothes off me. He asked me “What are you going to do?” I said “I’m going to get out and run away.” I got up and poked the fire up and put on my boots and defendant came out and talked to me. He asked me to come back to bed. He said “I will always let you sleep with your trousers on and will not do it to you any more.” I went back to bed. Wednesday night we slept with our trousers on about 2 miles the other side of Holmwood. We started to go on to Cowra in the morning and he was talking to me about some huts in a paddock and I did not answer him. He turned round and said “Can’t you hear me speak?” I yelled out loud “Yes!” He then kicked me. I tried to get out of his road and fell down. We then went along till we came to a dam. He went down to wash himself and I ran away. I came along on the road and on the line and came through Cowra. I drove a man’s sulky along for him. I afterwards went to Ellsmore’s place near Koorawatha where the Police interviewed me. When I first met defendant he asked me my name. I told him it was Thompson. He asked me my Christian name and I told him it was Harry. Defendant told me I had better call him Uncle. Defendant asked me my age and I said “Fourteen.” He told me I had better take 16 and I asked him “Do you think I look old enough?”

To Bench: My birthday is the 3rd January. I was born in Annandale near Sydney. I do not remember my mother at all but my father died a month ago at Petersham. He was married

again and had 3 children the eldest of whom is 11 years. My father was a stonemason and he died from stonemason’s disease which was coming on him for three years. I have one brother and two sisters of my own. My brother is married and both my sisters are older than I am. One sister is married and the other is in domestic service. I left off school when I was 11 years of age. I had papers to say I could work at anything and I have been working ever since. I think I got that from the Minister for Instruction. I never lived with my father. I used to live with a lady who took me when I was a baby. Her name is Mrs Dawes. She lives at Marrickville. I lived with her there until her husband died 3 years ago when I went to work. I then went to live with my brother. When I told defendant that I was looking for my brother in the Domain I only said that to put him off. I was not looking for my brother. He had run away from home. I thought my brother did not treat me well. My brother’s name is James Dunlop and he is a stonemason. He was living in Annandale Street, Annandale when I left him but he was going to live at Dulwich Hill. I left him on last Saturday three weeks. I have been employed by Taylor Brothers, Produce Agents near the railway station in Pitt Street. I was messenger and had charge of the weighbridge. I had been paid up till the Saturday night before I left. I did not get paid up for the last week because I was not working on the Friday or the Saturday. I was not working because I had just heard that my father was dead. Mr Taylor told me that I need not work on those days. I heard that my father was dead from my sister Agnes who is in service with him. I only brought the clothes I had on away from Sydney with me. I never had a bicycle. I was have been working with Taylor Brothers since Easter last. I did not have any quarrel with Taylor Brothers. Nobody knew I was coming away from Sydney. I did not know I was coming away myself till I met defendant. I had never spoken to defendant before

that night. I had been a good boy while I was with Taylor Brothers. Just before I left they told me I was better than before. I used to sleep at my brother’s house every night up till the night before I left Sydney.

To defendant: I met you first on Saturday night, I do not know the date. It was last Saturday three weeks. It was some time after midnight. I told you I was looking for my brother and told you my name was Harry Thompson. You asked me whether I would like to go up the country and I said “Yes,” I did not ask you at all, you asked me. I was telling lies when I told you my name was Harry Thompson and that I was looking for my brother. I did not tell you that my age was 16 when you asked me. I did not tell you that my age was fifteen last birthday. I did not speak to anybody about what you did to me, while I was with you. When we had the quarrel on the morning I left you I fell and you kicked my behind. I did not know that this what you did to me was a very improper thing to do. You told me yourself that everybody done it. You treated me the same as you did yourself. I did suggest that I should call you father and that we would pass for father and son. I said I would never leave you but always stay with you, but that was at first. Mr Dolman is the first who spoke to me about this offence. He asked me, as far as I can remember, whether we slept together. I had not spoken to him about it before. I did not make any complaint to anybody. Anybody else who knew I run away only knew I run away because you kicked me. Mr Dolman had spoken to me before he questioned me in your presence. He questioned me about the offence before he went after you. He asked me whether we slept together and asked me what happened. I would not have told anything if I had thought you would have got into trouble. He did not ask whether you committed the offence. He asked me whether you did anything to me. I told him that you tried to put it up me but couldn’t and used to spit on

it to make it slippery. This offence has never been committed on me by anybody else. I have never committed this offence with any boy. (By Bench to Accused – I must inform you that consent is not any defence in a case of this sort. Accused: I am quite aware of that.) I told Constable Dolman that you were my uncle and that you had visited our house frequently. I have not always been been [sic] a truthful boy. I have confessed that I have told lies. My brother has had occasion to punish me for lying and deception. The kick you gave me made me cry and I thought myself that you were not going to kick me as you liked. You have struck me on two or three occasions before that. You said to me “You will learn knocking about while you are with me.” When the Constable questioned me before you I said in your presence, “If I saw an almanac I would know the date.” Constable Dolman asked me the date two or three times and showed me the almanac once. I don’t think I said in your presence that I would know the date if I saw an almanac. The Constable pointed to you present your front, and to my back. When the questions were put to me you were not sitting with your back towards us.

To Bench: I have never been in a court before. The evidence I have given and what has been read over to me is true and correct.

[Signed] Henry William Dunlop.

Taken and sworn at Cowra this 30th day of August 1909 before.
[Signed] FB Treatt, PM.

This Deponent on her oath saith as follows:– My name is Bridget Ellsmore I am a married woman and reside with my husband near Koorawatha. I know the boy now in court for a few days and he gave me the name of Harry Thompson. I overtook that boy on Thursday last coming from Cowra. I passed him on the road. He afterwards came to my house. He made no complaint to me, not at any time. I allowed him to stay there. I have seen the defendant before. He called making enquiries about the boy. He called at my house four times altogether. He called making enquiries whether I saw a boy. I think he said the boy was his nephew and that he had run away from home that morning. He did not say the first time I saw him why the boy had run away. He said “I don’t want him to get into the hands of those Cockies.” He gave me a message to the boy if I saw him. He said if I saw the boy, he was to follow him up and he would not hide him any more. I asked him “Why did you hide him?” He said “That is a silly question for you to ask.” I said “If I saw the boy, I would have nothing to say to him,” and he then went away. That was the only time he said anything about beating the boy. The boy was at my place on the last occasion when defendant called there.

To Defendant: I took the boy in and treated him well. I gave him clothes and food and treated him kindly. He told me that he had left you. When I asked him he said his name was Harry Thompson. He I asked him whether his father or mother were alive and he said “No.” He said he had a step-mother. I think he said he had step-brothers and -sisters. I think he said that the man he had been travelling with was his uncle. I don’t think I asked the boy why he had run away from him. He did not tell me that you had beaten him but you told me yourself.

[Signed] Bell.

Taken and sworn at Cowra this 30th day of August 1909 before.
[Signed] FB Treatt, PM.

(F. 2 – “Justices Act, 1902.”)

Statement of the Accused.

State of New South Wales, Cowra
TO WIT. }

Charles Robinson (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 30th day of August in the year of Our Lord one thousand nine hundred and nine for that he, the said defendant, on the 22nd day of August 1909, at Carcoar in the said State, did assault Henry William Dunlop and then wickedly and against the order of nature carnally knew the said Henry William Dunlop and did commit with the said Henry William Dunlop the abominable crime of buggery and the said charge being read to the said defendant, and the witnesses for the prosecution, Frederick William Dolman, Senior Constable of Police of Koorawatha, Henry William Dunlop of Koorawatha, minor, and Bridget Ellsmore of near Koorawatha, married woman being severally examined in his presence, and (he having stated that he does no desire the depositions of the said witnesses to be 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:– “I deny the charge and I reserve my defence.”

[Signed] Chas Robinson.

Taken before me and read over to the said defendant at Cowra in the said State, the day and year first above mentioned.
[Signed] FB Treatt, PM.

G. 190.

New South Wales, Cowra
TO WIT. }

REX.
versus
Charles Robinson

Offence,— Carnally knowing a boy aged 14 years

The accused stands committed to take his trial at the next Court of Quarter Sessions to be holden at Cowra, (or at such other Court as the Attorney General may determine) in the State of New South Wales, on the fifteenth day of October 1909. Bail allowed the accused in £ and two sureties in £ each, or one in £

Bail not applied for.

[Signed] FB Treatt, PM

JP.

Dated at the Cowra Police
Office, Cowra
in the said State,
this thirteenth
day of August
AD 1909
4g 416 - 88

“Justices Act, 1902.”

Recognizance to give Evidence.

State of New South Wales, Cowra
TO WIT. }

Be it remembered, that on the 30th day of August in the year of Our Lord one thousand nine hundred and nine Frederick William Dolman a Constable of the Police Force, stationed at Koorawatha in the State of New South Wales, personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged himself to owe Our Sovereign Lord the King the sum of

FORTY POUNDS,

of good and lawful money of Great Britain, to be made and levied of his goods and chattels, lands and tenements, respectively, to the use of our said Lord the King, his Heirs and Successors, if he the said before mentioned person shall fail in the condition indorsed.

[Signed] FW Dolman.

Taken and acknowledged, the day and year first above mentioned, at Cowra in the said State, before me.
[Signed] FB Treatt, PM.

The condition of the within written Recognizance is such, that whereas one Charles Robinson was this day charged before FB Treatt Esquire, Police Magistrate one of His Majesty’s Justices of the Peace for the said State, for that he the said Charles Robinson on the 22nd day of August 1909, at Carcoar in the said State, did assault Henry William Dunlop and then wickedly and against the order of nature carnally knew the said Henry William Dunlop and did commit with the said Henry William Dunlop the abominable crime of buggery.

If, therefore, he the before mentioned person shall appear at the next Court of Quarter Sessions to be holden at Cowra in and for the State of New South Wales, on Friday the 15th day of October 1909, at nine of the clock in the forenoon, or at such other time and place as the Attorney General may appoint and then and there give such evidence as he know, upon an information to be then and there preferred against the said Charles Robinson for the offence aforesaid, to the jurors who shall pass upon the trial of the said Charles Robinson.

Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] FB Treatt, PM.

Police Charge, No. 180.

Court of Petty Sessions, Cowra.
30th August 1909.

Charles Robinson

did assault Henry William Dunlop and then wickedly and against the order of nature carnally knew the said Henry William Dunlop and did commit with the said Henry William Dunlop the abominable crime of buggery at Carcoar on the 22nd August 1909.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Quarter Sessions
Cowra
15th October 1909
Circuit Court
Wagga Wagga
29th September 1909
No. 323 4
No. 346
Depositions.
Rex
v.
Charles Robinson
Unnatural Offence
Committed at: Cowra
on: 30th August 1909

~ ~ ~ ~ ~

Court. Wagga Wagga CC
Date. 4 October 1909
Cor. Cohen Judge.
Plea. Not Guilty
Verdict. Guilty
Judgment. 5 years imprisonment hard labour Goulburn Gaol
[EM Stephen]
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.

~ ~ ~ ~ ~

May be likelihood of bail, 2/9/09
22 August 1909, Carcoar, Sodomy [initial illegible]
The boy Dunlop should be examined by a doctor [initial illegible] 1.9.09
Memo 2.9.09
HW Dunlop, Bridget Ellsmore not bound over

~ ~ ~ ~ ~

Justice HE Cohen’s notebook⁷

[Wagga Wagga], 4 October 1909

R v Robinson (Charles)
Carnally knowing William Henry Dunlop and committing the crime of buggery – on August 22/09 (Sec. 79)
Plea Not Guilty
Weigall for accused.

William Henry Dunlop. 14 years old. I left place I was living at in Sydney – Saturday 3 weeks before the Police Court inquiry (August 7) – I then lived with my brother at Annandale. My mother has been dead since I was few months old. Father died the day I left my brother’s. On night of August 7 I was in Domain & saw accused. He asked me for match. I gave him 2. He asked me what I was doing there. I said I was looking for my brother who had run away from his home. He asked my name & how old I was. I said I was 14 & my name was Thomson & I was going to look for my brother. He said: he couldn’t be round that side, pointing to the side towards Circular Quay. He took me down to where some men were sleeping & struck a match. We didn’t see my brother. We then sat on seat. He asked me would I like to come to country with him – I said I would. After another talk he took me to lie down on some papers. I did lie down. He walked about & I stayed there all night. I first met him about 12 o’clock. Next day we had breakfast & then went to Gordon on North Shore line, as soon as we

had breakfast – by train. There he taught me to play cards. A At night he put up a tent. We went to bed. What happened? Objected to. The offence is charged as on August 22nd & evidence of other offences on different dates is admissible – evidence received. He put his penis up my anus. We were lying on leaves inside the tent. I was lying on my side. I only had my shirt on. He had on his shirt only. We had 2 blankets – one blanket & a rug. I wanted to do my business – answer a call of nature. I went outside. I came back – to bed again. He did something again. I went to sleep. He didn’t say anything when he did it first time. The next day ⁸ we walked to Parramatta & camped near the reservoir, in cave. We arrived there about 5 or 6 & went to bed about 8 o’clock & after this he did the same thing. ⁹ Next day we walked to a couple of miles outside Windsor & camped there in the tent. The same thing happened again, after I we laid down. ¹⁰ We walked to an orange orchard about 6 miles outside Richmond – we camped there in tent. I am not sure but I think it was that night I asked him to let me sleep with my trousers on.

He said he liked best to sleep bear bare skin to bare skin. I’m not sure whether anything happened that night. Before this we slept always with shirts on.

Next day ¹¹ we went towards Bell in the mountains in man’s shed. I think we slept with ro trousers on & don’t think anything happened.

We slept at Bell in the shed. ¹² Same thing happened there.

We got to Lithgow about 12 o’clock ¹³ & camped there. Nothing happened that night. That day we had a row – because I kept scratching myself in the behind. I went to bed by myself. I got cold, & he let me come with him. We were camped in cave. I had my trousers on when I went to bed with him. We stayed there on Sunday ¹⁴ & camped there on Sunday night. The same thing happened that night. I think we camped outside Wallerawang. ¹⁵ We proceeded to Bathurst, camping at different (?) places. A couple of times I asked him to let me sleep with trousers on & he did. We got to ¹⁶Carcoar – camped there in tent. We went to bed at night, he pressed me down & stuck it hard – put his penis into my anus & made me yell out. He turned away

very quick & said: you mustn’t sing out like that. I don’t think he did anything more that night. We were at same ¹⁷ place. He pulled clothes off me. I got up. I wouldn’t let him do much. I dressed. He started to do it & I turned on my back. He made me come back to bed. I think I took my trousers in when I went to bed. Nothing further happened that night. We were near a ¹⁸ bridge. I said before I went to bed: you won’t do it tonight. We went to bed. He just started to do it & I turned over on my back. He pulled clothes off me again. I got up & dressed. He asked me what I was going to do. I said I was going to get out. I went to run away, he chased me. I came back – it was about 9 or 10 at night. He said he would never do it any more. We went to bed again, nothing further happened. We walked on to Holmwood Station. ¹⁹ We slept with trousers on that night. We walked on, ²⁰ he was talking, I took no notice. He said: don’t you hear me. I said: yes – sang out. He turned me on me. I fell over – he kicked me. We walked further on. He went to wash himself in dam. I ran away. He was washing.

I got ride off man with sulky & went to house, Mrs Elsmore’s ²¹ where I put the next night. ²² I was there till Dolman came – the next day – Saturday. ²³ Dolman had conversation with me that day in front of accused – At the end of it said: “Deny all that in Court or you’ll get me 10 years in gaol.” I was told to leave while Dolman asked the questions. I told him: “I had told all I knew & it was my honor or is” On one occasion he said: “When it gets over the knob you will want me to do it all the time to you.” He used to kiss me – he said I had the prettiest face he ever saw. I left at school since I was 11 – I had a certificate. From then to present age I was working.

Cross-examined. I worked in front boot shop – in George Street – Bellamy’s – running messages. Stayed there 3 or 4 months. I was living at home then. I left there & went back to school for about 3 months – it was then I got certificate. I went to work at Harrington’s – running messages – stayed there 9 or 10 months. I then went to my brother’s when I was 14 – I was 14 last January. I went back to Harrington’s in 1907. I was also working at Taylor Bros., Produce Merchants since last Easter & I finished at Harrington’s at Easter, having gone back after being at school for 3 months.

When mother died I went to live with Mrs Dawes at Marrickville – till last Easter. Her husband died & I then went to live with my brother at Annandale & lived with him till August 7. I met accused same day I ran away – I left my brother & work (?). I thought I didn’t get treated right by my brother. I earned 7/6 & only had 6d. pocket money. I gave the 7/6 to his wife to keep me. Father died on Thursday afternoon & was buried on Saturday. Man told me I need not come to work on Friday. I met accused in domain at 12.30. I was going to lie down there – I wasn’t looking for brother. My name wasn’t Thomson. I didn’t know what he came up to me for. I had told my brother lies & had been punished for it – I didn’t run away for that. Dolman had spoken to me before he went after accused. I didn’t know what he was going to do the 1st night. He just started to do it, & I went outside. I knew what he was doing – that he was trying to put it up me. I knew if he was a man he wouldn’t try to do it. I knew it was wrong to do. I didn’t resist that night. It hurt me when he put it up. Nobody had done anything of the kind to me before. It affected me a good deal.

I didn’t notice any blood on my shirt next day. It didn’t make me bleed. It hurt me every night he did it. I didn’t say anything to him on night of 9th. The only reason why I objected was because it hurt me. There was nothing to prevent me running away if I wanted to. I told him he was a coward when he kicked me. He said he would chuck me in dam. I didn’t tell him I would make him sorry for it or that he would be sorry. It hurt me a good deal, made me cry – I was very angry. I saw the constable on the Saturday morning. Unit Until the constable came I didn’t make any complaint to constable & not to him till he suggested it. Constable went away, brought accused to my place & asked me questions. I didn’t have any cut or ²⁴ to make me bleed to my knowledge. When he kicked me I didn’t say a word except “you are a coward.”

Re-examined. At Police Court acu accused asked me questions. I don’t think he asked me if I said “I would make him suffer.”

To Weigall. I told Dolman accused was my uncle & that he ²⁵ visited my home frequently. Dolman asked me if we slept together – in presence of accused – he then pointed to the accused’s front & my ba my back. Accused in day time treated me as he did himself – he stopped me from swearing – he tried to make out I told him a lie

whenever he could – & he would say: you shouldn’t tell your mate lies. I never had a cigarette all the way. I was never let out on Saturday night as far as that. I had been through domain before at night. I was there for a week every night – when I lived at Annandale. There was one tent about couple of hundred yards away, the night we were at Gordon.

Re-examined. The week I was in Domain at night I was alone & slept there – I ran away from home – a couple of months before August. He I made no complaint to anybody till I saw constable. Did the constable tell h you anything he wan you were to say in Court? Objected to.

To Weigall. I went to Elsmore’s on the Friday & on the Saturday Dolman came out – asked me questions – I told him something. ²⁶ That was when I told Dolman accused was my uncle &c. & that was 1st time I told anyone about what happened between accused & me. About 2 o’clock same day Dolman came back with accused.

To Stephen. When the con Dolman saw you what did he say? Objected to – admitted up to point where accused witness said accused was his uncle &c. I would say I told Dolman at the beginning. I told him

he was my uncle. I had called accused uncle all the way along & he proposed I should call him uncle. The c I can’t remember exactly how I came to say the what I did to constable. The constable asked me questions & I answered them. The Const (Weigall admits that Dolman didn’t suggest to the witness to say anything the witness didn’t believe to be true) Wh On Thursday night we were about ¼ mile from Elsmore’s. When Dolman asked me if we had slept together & pointed to accused’s front & my back was in presence of accused & after I had told Dolman something in morning. It was at the end of that conversation accused said: deny that or I’ll get 10 years in gaol.

Stephen tenders certificate of Dr Foley, September 6/09

Thomas William Watkins Burgess. Legally qualified medical practitioner – Wagga. I heard evidence of Dunlop. After lapse of 14 days I wouldn’t expect to find any signs at all on the boy. If immediately after man had had something to do with boy the boy evinced desire to evacuate, it is would evince cause a natural (–) ²⁷ to the spincture [sic, passim] of anus & he would then have desire to evacuate. It is (common ?) to introduce some substance into children to cause them to evacuate.

Cross-examined. I state all the symptoms would disappear generally. The spincture of anus may be dilated to very great extent without calling causing injury or rupture &c. I think that the only effect it would have – may cause soreness which wouldn’t last considerable time – certainly not a fortnight. The spincture is outside muscle of anus. Soreness would go off in a day or two. If boy said it hurt him much it wouldn’t mean rupture. It is very sensitive.

Bridget Elsmore. I know Dunlop. I saw him on a Thursday & he afterwards came to my house – next day. I know accused – he called at my house on 26th. He asked me if a boy came along. I told him I [sic] did. He told me he would like to find him – that he had left his home that morning – that he didn’t want him to get into the hands of the cockies. Accused went away – He saw l called next morning – I didn’t speak to him. He called later on same day. He asked me if I saw anything of the lad of his. I said: no. ²⁸ He said he was going on & if I saw the boy to tell him to follow on, & he wouldn’t hide him any more. I asked why did he hide him. He said: that’s a silly question for you to ask. I said: very

well, if I see the boy I’ll have nothing to say to him.

Frederick William Dolman. Senior Constable. I saw Dunlop on Saturday morning – had conversation with him & saw accused afterwards. He was walking along the road. I said: where did you come from this morning. He said: from Koorawatha. I said: where from to Koorawatha. He said: from Young. I said: where from to Young. He said: from Sydney. I said: did you leave Sydney with mate. He said: yes. I said: was mate young or old. He said: he wasn’t young & wasn’t old. I said: where’s your mate now. He said: that’s my business, nothing to do with you. I said: it’s only a civil question, I want you to come along the road with me about 6 miles. He said: what’s that for. I said: I’ll tell you when I get you there. We went along for about a mile. I was riding horseback, he walking. He said: I won’t go any further. I got off horse & said: you’ll come. He said: well I’ll go, I’m not afraid of you, I’m afraid of the law. We went to Elsmore’s residence. I called Dunlop to where accused & I were. I said to boy: Harry I’m going to ask you some questions in front of this man & tell me the truth. After I had asked all questions, he said: you deny all that note on oath Harry or you’ll send me to gaol for years. I said to the boy: I’m going to ask you some questions so tell me the truth about this man. What’s

his name. He said: Charles Robinson. I said: when did you 1st see him. He said: about 3 weeks ago in Sydney. I said: on what date. He said: I don’t know, but if I saw the almanac I could tell you. I said: what day was it. He said: on a Saturday night. I said: where. He said: in Domain. I said: how did you come to meet him. He said: I was just walking there, he passed me & asked for a match – I gave him two & accused said to me: would you like to go up country to shearing. I said: I wouldn’t mind. B The next morning Sunday we went down, I think he said, to George Street to tea rooms & had breakfast & we went on to North Sydney & to Gordon 1st night. I said: did you sleep together that night. He said: yes. I said: did this man do anything to you. He said: yes. I said: what do you mean. He made a sign with his hand, bringing it on to his rump. I said: do you mean he did something with his person to you. He said: what’s his person. I said: his penis. I then pointed towards accused’s privates & the boy said: yes. I said: after you left Gordon where did you go to. He said: to Parramatta next night & the following night to Richmond. I said: did he try the same thing on those nights. He said: yes. I said: did he hurt you. He said: oh no. I said: what other night did it take place. He said: at Lithgow & again near Carcoar & the night at Carcoar he made me yell out. We then

came on to within 8 miles of Cowra & in the (rest ?) accused went to dam to wash his face (or hands) & I ran away. I came on through Cowra to Koorawhatta [sic]. I think accused said: deny all that on oath Harry or you’ll send me to gaol for years. Boy replied: I will not, it’s the truth & you know it is. I then arrested accused, charged him with committing an unnatural offence &c. I said: you are not bound to make me any answer to the charge, anything you may say – Accused then escaped & went 5 or 600 yards before caught him, through 2 paddocks.

Cross-examined. I was in full uniform.

Crown case closes.

Accused Defence.

Accused makes statement. On night or early in morning of August 7 I met the boy. He was walking in Domain. He spoke to me 1st. After little conversation he expressed desire to run away from home & go to the country. I told him I was going shearing. He said: I wish to God you would take me, my brother is a monster & I’m looking for a brother who ran away from home. He admitted in lower court he had no 2nd brother. He asked some sleepers in park about his brother – whom he described as tall with cap on – we looked for him for 20 minutes. He told me his name was Harry Thompson.

I covered him with papers & walked about. I had £2 or £3. In morning I paid for his breakfast. We went to North Shore & camped at Gordon 1st night – what he calls a tent is a strip of tops calico. I gave him two rugs & piece of blanket that night – I had large blanket. (?) The camping places he mentioned are right in some instances & not in others. We never slept together, under one covering. I told him I expected money from England & I intended to open shop & employ him & if money didn’t come we would go to England after shearing. He said he would (?) never leave me & I was the only person who ever liked him – & had been kind to him. I bought him everything he needed – clothes. I had fatherly affection for him. I’ve never been married. I found him very untruthful – very impish, with frightful temper. I never punished him. The (?) he said When I kicked him he allowed blankets to burn I only boxed him in ears. I kicked him on behind & he fell down. He didn’t answer me & I kicked him. I reformed him from swearing & smoking. One of his favourite sayings expressions was Jesus wept. He told me he ran away from home before. The 2nd day that we were out he was insolent. I offered him 1/- to return. I am entirely innocent

of the charges made against me. I offered to get him work in Lithgow, he refused, said he wanted to go shearing. The man who committed this offence wouldn’t hesitate to perjure himself. That’s not the reason, I don’t. I told the constable I was looking for this lad: he was no relation of mine. I called at several places enquiring for the boy.

Defence closes.

Ste Weigall to jury 2.30 pm to 2.43 pm Boy is an accomplice & requires corroboration.
Stephen to jury 2.43 pm to 2.48
I sum up 2.48 to 3.8 pm
Jury retire at 3.8 pm
" return at 5 pm
Verdict Guilty

Hamilton for Weigall asks me to reserve the points in the (interleaved ?) memo.

Sentence 5 years penal servitude. The sents operation of the sentence to be suspended until the points reserved are decided.

October 5/09 Sentence altered to 5 years imprisonment with hard labour in Goulburn Gaol (without any condition as to suspension).

[Supplementary sheets with reference to the above judgement:]

R v Fogarty Robinson – Points reserved. ²⁹ [see below]

1. That the evidence of the commission of acts of sodomy by the accused prior to that alleged in the indictment was wrongly admitted.

2. That His Honour was in error in admitting in support of the charge alleged – the indictment evidence of the commission by the accused of similar acts at other times & places.

[Judge Cohen’s notes:]

Reg ³⁰ v Charles Robinson

This prisoner was convicted before me at the lo recent Wagga Wagga Assizes for carnally knowing William Henry Dunlop & committing the crime of buggery on August 22, 1909. The evidence of the boy who is 14 years old showed that he & the accus prisoner met by accident (?) on the night of August 7th in Sydney and that they agreed to travel together into the country, whither they started the next day. He stated that on the nights of August 8th, 9th, 13th & 15th the prisoner had carnal knowledge of him, & also as well as on the night of August 22nd. Mr Weigall who defended the prisoner objected to the admission of the evidence of the prisoner’s conduct on the dates anterior to that named stated in the information indictment but I overruled the objection, and at his request received the following points,

(1) That the evidence of the commission of A acts of sodomy by the accused prior to that alleged in the indictment was wrongly admitted.

(2) That I was wrong in error in admitting in support of the charge alleged in the indictment evidence of the commission by the accused of similar acts at other times & places.
The question for the consideration of the Honourable Court is whether I was right in receiving the evidence objected to.

~ ~ ~ ~ ~

The Wagga Wagga Advertiser, Tue 5 Oct 1909 ³¹

WAGGA CIRCUIT COURT.
———◦———
(Before Mr Justice Cohen).
————
Crown Prosecutor Mr EM Stephen.
————
Monday, October 4.
————

…

AN UNNATURAL OFFENCE.

Charles Robinson, a man about 35 years of age, pleaded not guilty to a charge of committing an unnatural offence on Harry William Dunlop, aged 14, at Carcoar, on 22nd August, 1909. Mr EM Stephen, instructed by Mr DG Bathgate, Crown Solicitor’s Office, conducted the case for the Crown; and Mr ES Weigall, instructed by Mr HM Baylis, defended.

His Honor’s summing up appeared to be strongly in prisoner’s favour.

The jury brought in a verdict of guilty. The prisoner said he was quite innocent of the charge, and if he had to face death this minute he could not say otherwise. Prisoner greatly agitated while making his appeal.
His Honor said that the lowest sentence he could pass upon prisoner was five years’ penal servitude. This was the sentence he ordered, adding that its fulfilment would be suspended until two points in prisoner’s favour, which had been forwarded to him by the defending counsel, had been considered.

~ ~ ~ ~ ~

Clarence and Richmond Examiner, Thu 7 Oct 1909 ³²

SPECIAL TELEGRAPHIC SERVICE.
————
From Local Correspondents
and Our Sydney Representative,
————

…
At the Wagga Circuit Court, Charles Robinson, who was found guilty of a serious offence, was sentenced to five years imprisonment. He asked the Judge to order several floggings instead of long imprisonment.

~ ~ ~ ~ ~

Charles Robinson, Gaol photo sheet ³³

Gaol Photo Sheet - Transcribed Details

No. 11119

Date when Portrait was taken: 9-10-1909

Name: Charles Robinson
(aka Charles Graham; Charles Cameron; Charles McFarland;
Charles Harrison; Charles Batenall; Charles Wilson)

Native place: England

Year of birth: 22-2-1874

Arrived Ship: Julian
in Colony } Year: 1894

Trade or occupation
previous to conviction } Laborer

Religion: R.C.

Education, degree of: R and W

Height: 5' 10¼"

Weight On committal: 163
in lbs } On discharge:

Colour of hair: Black

Colour of eyes: Brown

Marks or special features: Lump inside left forearm. Bald patch on right side of head.

(No. of previous Portrait .. Bathurst 982; Goulburn 1185)

CONVICTIONS

Where and When

Offence.

Sentence

Narrabri PC
ditto

Gosford PC

Goulburn PC

Bathurst GD

Goulburn CC

Horsham (Vic) PS
ditto
ditto

Helensburgh PC

Wagga CC

3
3

5
5
5

7
7

6
6
6

1893
1893

1894

1895

1897

1908
1908
1908

1909

Incite prisoner to resist constable
Assault constable

Stealing

Found on railway premises for
an unlawful purpose

Stealing

Break enter and steal

Vagrancy
Assault Police
Violently resist arrest

Vagrancy

Sodomy

1 imprisonment
2 months HL | Accumulative

1 month HL

6 months HL

12 months HL

18 months HL

12 months HL
3 months HL
6 months HL

1 month HL

5 years P.S.

~ ~ ~ ~ ~

NSW Supreme Court Judgment – Charles Robinson and The King, 29 Oct 1909 ³⁴

728

vol. ix.

New South Wales.
Rex v. Robinson.

Crimes—Sodomy—Evidence of similar acts prior to act charged—Admissibility.

Upon an indictment for sodomy evidence is not admissible of the commission by the accused of the same offence with the same person on other occasions prior to the date alleged in the indictment.

CROWN CASE RESERVED.

1909. Oct 29. Simpson A.C.J. Pring J. and Street J.

This prisoner was convicted before Cohen J. at the recent Wagga Wagga Assizes for carnally knowing William Henry Dunlop and committing the crime of buggery, at Carcoar, on August 22nd, 1909. The evidence of the boy, who is fourteen years old, showed that he and the prisoner met by accident on the night of August 7th, in Sydney, and that they agreed to travel together into the country, whither they started the next day. He stated that on the nights of August 8th, 9th, 13th, and 15th, the prisoner had carnal knowledge of him, as well as on the night of August 22nd.

Mr Weigall, who defended the prisoner, objected to the admission of the evidence of the prisoner’s conduct on the dates anterior to that stated in the indictment, but the objection was overruled, and at his request the following points were reserved:—

(1) That the evidence of the commission of acts of sodomy by the accused prior to that alleged in the indictment was wrongly admitted.

(2) That his Honour was in error in admitting, in support of the charge alleged in the indictment, evidence of the commission by the accused of similar acts at other places.

The question for the consideration of the Court is whether the evidence objected to was admissible.

Weigall, for the prisoner. The prisoner was charged with committing sodomy upon a boy at Carcoar, on August 22nd.

p. 729

1909. Rex v. Robinson.

The only issue before the jury was whether this offence was committed by the prisoner on that date. The boy gave evidence of the commission of the offence as alleged in the indictment. Evidence was admitted that the prisoner had committed the same offence with this boy at Gordon a fortnight before. This evidence was not relevant to the issue before the jury. If evidence is relevant to any issue, the fact that it discloses the commission by the prisoner of a previous offence does not render it inadmissible.

PRING J. Could not the Crown show that before the commission of the offence the prisoner had treated the boy in a certain way?

Weigall. I submit not, if the evidence proved the commission of another offence. Where the state of the prisoner’s mind is a necessary ingredient of the offence, evidence on this point is relevant to the issue, as in cases of murder, larceny, passing off spurious coins, unlawfully using an instrument upon a woman, and similar crimes. In these cases the commission of the act does not constitute the offence, and the purpose or intent of the prisoner in doing the act must be proved. In the present case the offence is complete upon proof of penetration, and the state of the mind of the prisoner is not in issue. Evidence of the commission of similar acts is therefore not admissible: Phipson on Evidence, 4th ed., pp. 140, 153; Makin v. Attorney-General of New South Wales ([1894] A.C. 57); R. v. Oddy (5 Cox 210, at p. 2l5); R. v. Bond ([1906] 2 K.B. 389).

(He was stopped.)

CA White, for the Crown. The evidence is admissible to prove a course of conduct or system R. v. Bond ([1906] 2 KB. 389, at pp. 400 and 414); R. v. Firth (L.R. 1 C.C.R. 172, at p. 175); R. v. Reardon (4 F. & F. 76). In this class of cases it is relevant to show the previous conduct of the prisoner and the boy.

Simpson ACJ Can you get over the principle laid down in Makin’s case ([1894] A.C. at 65)?

p. 730

1909. Rex v. Robinson.

CA White. Makin’s case does not deal with every possible ground of admissibility. It is not a comprehensive dealing with all possible grounds. There are grounds on which it might be admissible which do not arise in that case. In paternity cases evidence is admissible of acts of connection before the supposed date of conception to show the relationship of the parties. (He referred to Blake v. Albion Life Assurance Society (4 C.P.D. 94 at 106).

Weigall was not called upon in reply.

SIMPSON ACJ After seeing the cases cited by Mr Weigall in support of his contention, I have no doubt whatever that the evidence objected to was inadmissible. These cases were not cited at the trial. His Honour had, therefore, to decide a difficult point of law without having the authorities placed before him. The headnote in Makin’s case ([1894] A.C. 57), says: “Evidence tending to show that the accused has been guilty of criminal acts other than those covered by the indictment, is not admissible unless upon the issue, whether the acts charged against the accused were designed or accidental, or unless to rebut a defence otherwise open to him.” Rex v. Bond ([1906] 2 K.B. 389), was decided upon a different principle. Mr White referred to the judgment of Bray J. at 414, where he says:—“A careful examination of the cases where evidence of this kind has been admitted, shows that they may be grouped under three heads—(1) Where the prosecution seeks to prove a system or course of conduct, &c., &c.” I do not think that this is an extension of the principle to which I referred, and the word “system” is amplified by the language of Bray J. at 415. There he says:—“The word ‘system’ implies a connection between the acts of which evidence is sought to be given and the act with which the prisoner is charged.” What possible connection can there be said to be between an act said to be committed about 300 miles away 14 days before the date of the offence charged. There is none so far as I can see. Bray J. proceeding said:—“A number of acts of theft do not, as a rule, constitute a system. They are isolated acts having

p. 731

1909. Rex v. Robinson. The A.C.J

no connection with one another.” In Reg. v. Oddy (5 Cox. 210 at 215), Lord Campbell C.J. says:—“I am of opinion that the evidence was as little receivable under the third count for receiving as upon the first or second counts for stealing. It would be evidence to prove that the prisoner is a very bad man, and likely to commit such an offence; but by the law of England one offence is not allowed to be given in evidence to prove another.” The only possible reason for tendering the evidence was to raise in the minds of the jury a suspicion that the accused committed the offence charged because he had done the same thing before. In my opinion the evidence was wrongly admitted and the conviction must therefore be reversed.

PRING and STREET JJ. concurred.

Conviction reversed.

Attorneys for the prisoner: WU Smyth King, agent for HM Baylis (Wagga Wagga).

~ ~ ~ ~ ~

The Daily Telegraph, Sat 30 Oct 1909 ³⁵

LAW
Friday, October 29.
THE STATE COURTS.
BANCO.
(Before the Acting Chief Justice, Mr Justice Pring, and Mr Justice Street.)

CONVICTION QUASHED.

Charles Robinson (for whom Mr Weigall, assigned by the Crown, appeared) appealed against his conviction before Mr Justice Cohen, at the recent Wagga Wagga Sessions, for an abominable offence, said to have been committed, on August 22. According to the evidence, similar acts had also been committed on other dates, and counsel for the defence (Mr Weigall) took the points—(1) that the evidence of the commission of acts by the accused, prior to that alleged in the indictment, was wrongly admitted; and (2) that his Honor was in error in admitting in support of the charge alleged in the indictment evidence of the commission of similar acts at other times and places. The Court was now asked to say whether the judge was right in receiving such evidence.

Mr CA White (instructed by the Crown Solicitor) appeared to support the conviction.

The Court unanimously held that, on the authorities, the evidence was wrongly admitted, and quashed the conviction.

~ ~ ~ ~ ~

The Sydney Morning Herald, Sat 30 Oct 1909 ³⁶

LAW REPORT.
STATE SUPREME COURT.
IN BANCO.
(Before the Acting Chief Justice, Mr Justice Pring, and Mr Justice Street.)

ADMISSION TO THE BAR.

On the motion of the Attorney-General (Mr CG Wade, KC), Mr Alexander Windeyer, BA., LLB., of the Sydney University, was admitted to the Bar of New South Wales.

CROWN CASES.
Rex v Robinson.

Mr Weigall, who had been assigned by the Crown, appeared for the prisoner in support of the appeal; and Mr CA White, instructed by the Crown Solicitor (Mr JV Tillett), in support of the conviction. The prisoner, Charles Robinson, was convicted before Mr Justice Cohen at the recent Wagga Wagga assizes of a certain offence, and at the request of his counsel his Honor reserved for the decision of the Full Court the question whether he was in error in admitting evidence of similar offences on dates other than that stated in the indictment.

After argument.

The Acting Chief Justice said that in the light of the authorities that had been cited in argument he had no doubt whatever that the evidence was inadmissible. These cases were not cited to the Judge by counsel on either side in order to enable him to decide correctly as to the admission or rejection of the evidence. His Honor therefore had to decide offhand a difficult question of law without having the authorities placed before him. The decision in Makin’s case was, in his opinion, a distinct authority in favour of Mr Weigall’s contention, and that being so the conviction must be set aside.

Mr Justice Pring and Mr Justice Street concurred.

Appeal upheld and conviction quashed.

¹ Cowra Free Press, Thu 2 Sep 1909, p. 9.

² SRNSW: NRS880, [9/7149], Supreme Court, Papers and depositions, Wagga Wagga, 1909, No. 346. Emphasis added.

³ Mn: Clear Court

⁴ Mn: Rex versus Charles Robinson (sodomy) Cowra Quarter Sessions 15 Oct. 1909

⁵ Mn: He asked me questions [about] home and with whom I was living. I said with my brother – you did[n’t] like the way he treated you. I told him we did not get on well together. He a I didn’t like the way he left me at home. Never let me out to the theatre on a Saturday afternoon. I earned 7/6 a week & he only gave me 6d pocket money. I had to go messages for his wife & got 3d a week for that

⁶ Mn: He used to fondle kiss me say I had the loveliest little face he ever saw. He used to flatter me. He never at any time made his “milk” (as he called it) never at any time lasted for more than 2 minutes. He told me about (?) (?). All our talk was about boys & girls & doing this. He got me by the shoulders and pressed hard and made me yell out

⁷ SRNSW: NRS5788, [2/2742], Judiciary, HE Cohen, J. Notebooks Circuit Court, 1895-1910, pp. 21-35. Emphasis added.

⁸ Mn: Aug 9

⁹ Mn: Aug 10

¹⁰ Mn: Aug 11

¹¹ Mn: Aug 12

¹² Mn: Aug 13

¹³ Mn: Aug 14

¹⁴ Mn: Aug 15

¹⁵ Mn: Aug 16

¹⁶ Mn: Aug 22

¹⁷ Mn: Aug 23

¹⁸ Mn: Aug 24

¹⁹ Mn: Aug 25

²⁰ Mn: Aug 26

²¹ Ellsmore in accompanying document.

²² Mn: Aug 27

²³ Mn: Aug 28

²⁴ Word missing.

²⁵ Mn: 28

26 Mn: 27

27 Word missing.

28 Mn: 27th

29 Points for appeal raised by Robinson’ counsel, Mr Weigall.

³⁰ Should read Rex. His Honour is not yet adjusted to the death of Queen Victoria in 1901.

³¹ The Wagga Wagga Advertiser, Tue 5 Oct 1909, p. 2. Emphasis added.

³² Clarence and Richmond Examiner, Thu 7 Oct 1909, p. 5.

³³ SRNSW: NRS2138, [3/6015a], Darlinghurst Photograph description books, 1909-1910, No. 11119, p. 32, R5113.

³⁴ The State Reports, New South Wales, 1909, vol. 9, pp. 728-31.

³⁵ The Daily Telegraph, Sat 30 Oct 1909, p. 22.

³⁶ The Sydney Morning Herald, Sat 30 Oct 1909, p. 6.

Sodomy