Depositions for James McLauchlan 29 Aug 1910 Sydney trial 1


(a) Town.

Letter from Bench of Special Magistrates at (a) Children’s Court Paddington

 

transmitting Depositions

(b) Name in full of accused.

in the case Rex v. (b) James McLauchlan

(c) Offence.

(c) Buggery

(d) Town.

Petty Sessions Office, Children’s Court Paddington (d)

 

3rd August 1910 

 

Sir,
I have the honor, by direction of the Bench of Special Magistrates,
to transmit herewith the Depositions, and other documents in the

(e) Name of accused

case of (e) James McLauchlan

(f) “His” or “her”

who has been committed to take (f) his

(g) “Circuit Court,” or 
“Quarter Sessions.”

trial at the (g) Court of Gaol Delivery

to be held at (h) Sydney

on Monday

(h) Town where Court 
to be held.

the 29th day of August 1910

The accused is (i) confined in the Gaol at Darlinghurst

(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 are (k) Victor Lenehan, Andrew Bourke, Alexander Livingstone, John Fennelly and Annie Leer, Mrs Annie Leer was also bound for the attendance of her son Henry John Leer. Dr Palmer was not in attendance and was not bound to appear

 

(l) Short description to enable identification.

The Exhibits enclosed are (l) Nil

 

I have the honor to be,
Sir,
Your obedient Servant,

 

[Signed] HH MacDougall

 

Clerk of Petty Sessions the Court

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

~ ~ ~ ~ ~

Rex v. James McLauchlan
14 Mch 11 12 Apl & 4 6 July 1910
at Woollahra.
Sodomy with Henry John Leer.

    Arthur Aubrey Palmer (Dr)
    Victor Lenehan
    Andrew Bourke
    Hy John Leer
    Alex Livingstone
    John Fennelly
    Annie Leer

Accused

    The boy stayed with me Sat & Sunday night. He was going home Tuesday mornings.

    I left B (?) (?) Mrs D told me that B was going to let garden out on contract system.

    Beds on floor here. I had not sufficient bedclothes & the chauffeur used to (?) woman asking for chauffeur & she used to throw croquet balls thro’ windows & not safe to be on the bed.

    “Stop it till I don my hair.” I said I could put button right.

    I never interfered with the boy at all.

    He said to me “You are always checking me. If you do not stop I will tell my people a lot of yarns. They will believe anything I tell them.” His parents sd [sic–said] “but to let him go morning.”

    I sd “You go home.” He sd my parents will not mind my staying with you.

    I never put arms round the boy. Treated him civilly and politely.

~ ~ ~ ~ ~

URGENT MATTER

    Even assuming that McLauchlan is without means I venture to think the case is not one in which Counsel should be assigned under the Poor Prisoners’ Defence Act . He appears to have made a clear admission of guilt to Constable Lenehan. See page 4 of depositions herewith.

[Signed] WR Beaver, Clerk of the Peace, 27.8.10

The Under Secretary
Submitted

    A list of those members of the (?) who have been assigned since. The (?) of January last is attached.

    The Magistrate, Mr Murphy, who committed the accused for trial has been referred to & he states that he is not prepared to issue a Certificate under S.2. of the Poor Prisoners’ Defence Act in view of accused’s admission on page 4.

[Initialled] JLW, Under Secretary
Aug 27th 1910.

Appln refused. [Initialled illegible] 27.8.10
The Clerk of the Peace
[Initial illegible] for U[nder] S[ecretary]
13c 27.8.10

~ ~ ~ ~ ~

PRISONER’S APPLICATION OR STATEMENT

10/13495

Darlinghurst Gaol
25th August 1910

From Prisoner: James McLauchlan trial 29.8.10.

Subject: Requesting that Counsel be assigned for defence.

    The above-name trial prisoner respectfully applies for Counsel to defend him at the next Criminal Court to be holden at Darlinghurst Court House 29th instant. The prisoner begs to state that his mother informed him by letter yesterday that she was unable to retain counsel for him and as he is charged with a serious offence and has no means of his own he would be grateful if counsel was assigned him as provided for by the Poor Prisoners’ Defence Act .

[Signed] James McLauchlan.

    Submitted for consideration.

[Signed] Arthur H Collis, Governor, Darlinghurst Gaol. 25.8.10.

~ ~ ~ ~ ~

[Subpoena]

GEORGE THE FIFTH, by the Grace of
God, of the United Kingdom of Great
Britain and Ireland, and of the British
Dominions beyond the Seas, King, Defender
of the Faith, Emperor of India.

New South Wales,
TO WIT.                   }

To: Dr Palmer Government Medical Officer, Sydney

    Greetings:–

We command you and every of you, firmly enjoining you, that laying aside all pretences and excuses whatsoever, you and every of you be and appear in your proper persons, before Our Justices assigned to hold Pleas before us, on Monday the twenty ninth day of August instant next, by Nine of the Clock in the forenoon of the same day, at the Supreme Court in Our State of New South Wales, in the Court House, situate in Darlinghurst Sydney
there to testify the truth, and give evidence, on the part of the Crown, before Our said Justices, touching a certain information to be preferred against

James McLaughlan [sic]

in the case of Buggery
and that you so appear, from day to day, until the case is tried; and this you, or any, or either of you, are not to omit, under the penalty of One Hundred Pounds, to be levied upon your and every of your Goods and Chattels, Lands and Tenements, if you, or any, or either of you shall fail in the Premises.

    Witness The Honorable William Portus Cullen, Chief Justice of Our said Court, at Sydney, this ninth day of August in the first year of Our Reign, and in the year of Our Lord one thousand nine hundred and ten.

For the Prothonotary
M[ichael] J[oseph] Dunphy

(Signed)
Crown Solicitor

~ ~ ~ ~ ~

NEW SOUTH WALES POLICE.

Metropolitan District,

No. 2 Police Station.
Regent Street, Sydney,
14th August, 1910.

Report relative to antecedents of:–

Name: James McLauchlan
Offence: Buggery
Committed for Trial at: Sydney Court of Gaol Delivery
Date: Commencing 29th August, 1910.

    Senior Constable Barnes reports:–

    There are no convictions recorded against the above named accused at Darlinghurst Gaol.

    From enquiries made by the Senior Constable the accused who is a gardener has always borne a good character and has certificates of where he has been employed for considerable periods.

[Signed] William Barnes, Senior Constable.

    Would the Superintendent please forward for the information of the Crown Prosecutor and the Clerk of the Peace.

[Signed] AF Davis, Sub-Inspector, 14/8/10.1

1

Depositions of Witnesses.

New South Wales,
TO WIT.                   } 

The examination of Arthur Aubrey Palmer of Sydney in the State of New South Wales, Government Medical Officer, Victor Lenehan of Sydney, Police Constable, Andrew Bourke of “Winchcombe” Ocean Street Woollahra, labourer, Henry John Leer of Robertson Street West Kogarah, school boy, Alexander Livingstone of “Rosemont” Ocean Street Woollahra, farm hand, John Fennelly of “Rosemont” Ocean Street Woollahra, chauffeur and Annie Leer of Robertson Street West Kogarah, married woman taken on oath this 2nd day of August in the year of Our Lord one thousand nine hundred and ten at the Children’s Court, Ormond House, Paddington 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 James McLauchlan who is charged this day before me for that he the said James McLauchlan between the 1st day of March and the 5th day of July in the year of Our Lord one thousand nine hundred and ten at Woollahra in the said State, did assault Henry John Leer, a child aged 14 years, and then wickedly and against the order of nature carnally know the said Henry John Leer and did commit with the said Henry John Leer, the abominable crime of buggery.

2

James McLauchlan

Buggery      C.C.663

Defendant appears in custody. Mr Spear for him.

    Arthur Aubrey Palmer, sworn, states:–

    I am a legally qualified Medical Practitioner and Government Medical Officer at Sydney.

    On 26th July at the hospital Admission Depot in the presence of Dr O’Reilly I examined Henry John Leer. I found that the anus was patuious – that is easily dilated – admitting my forefinger easily without apparently causing him pain, and admitting two fingers with slight pain. I formed the opinion that in all probability the anus had been frequently dilated. I can’t say by what. The boy seems a little mentally deficient.

    To Mr Spear: No questions.

[Signed] Arthur A Palmer.

Taken and sworn at the Children’s Court, Sydney, this 2nd day of August 1910 before me.
[Signed] Stephen Murphy, SM.

3

    Victor Lenehan, sworn, states.

    I am a Constable of Police at the No. 2 Station. About 10.30 pm on 25th July in company with S[enior] C[onstable] Barnes I went to the People’s Palace, Pitt Street. We went upstairs to the 4th floor and then into Room No 12. We knocked at the door and defendant came out. I said to him “We are Police: we want to ask you some questions.” I said “What is your name?” He said “McLauchlan.” I said “Have you anyone in this room with you?” He said “Yes, another gentleman.” I said “We are going in to have a look.” He said “Oh, I have a little friend of mine in here too.” I said “Do you know him?” He said “Oh yes, I know him very well, I know his father and mother: he has been working with me at the place where I was working.” I said “How much was he getting?” He said “10/- a week.” I said “Who was paying him?” He said “I was paying him.” I said “How much were you getting?” He said “£1 a week.” Just then the boy’s father and a man named Alec Livingstone came into the room. I then said to defendant “It has been reported to us that you have been committing an unnatural offence upon this boy.” He said “It is a lie, I never did: that boy saved my life.” He then turned to the boy and said “Harry, did I ever do anything wrong to you?” And the boy said “No.” He repeated several times “That boy saved my life.” We then took him to No. 2 Police Station: coming down the stairs of the People’s Palace Alec Livingstone said “Harry, is that right, has this fellow been doing anything wrong to you?” The boy said “Yes.” I took him to No. 2 Police Station and the boy told me something. I then confronted the boy with the accused and I said to accused “This boy states to me that you have been committing unnatural offences on him for some time past.” Accused hung down his head but said nothing. I said to the boy “Is this the man you were speaking to me about you just

4

now who committed unnatural offences on you?” He said “Yes.” I then charged the accused with the present charge: he made no reply. On the morning of the 26th July, whilst on the way to the Children’s Court about 9.40, the accused said to me “My God, I am sorry for this. What do you think I will get; if I get a chance this time I will never do it again.” I said “How often used you to commit these offences on this boy?” He said “Two or three times a week.” I said “What made you do it?” He said “I don’t know what came over me, when I got into bed with him and felt his nice soft flesh I couldn’t resist the temptation.” He said “The boy is just as bad as me, he used to do it to me: do you think he will get into gaol too?” I said “I can’t say.”

    To Mr Spear: No-one was with me on the way to the Court when he made the statement but he admitted to me this morning in the presence of Senior Constable Barnes that he did make that statement.

[Signed] Victor Lenehan.

Taken and sworn at Children’s Court, Sydney, this 2nd day of August 1910 before me.
[Signed] Stephen Murphy, SM.

5

    Andrew Bourke, sworn, states.

    I am a labourer employed by Mrs Galbraith, Winchcombe, Ocean Street Woollahra. I live on the premises. I have been there about four weeks. Before that I was employed by Mr Boan, Rosemont, Ocean Street Woollahra.

    I know the accused, and I know the boy Henry John Leer. Accused was employed there as gardener: the boy lived there some time with accused and accused said the boy was his nephew. About June I was told something and after that I saw accused kiss the boy Leer near the side of the house by the kitchen. I have seen them much together: defendant seemed to be attached to the boy and spoke nicely to him. When he kissed him he put his arm round him: they slept in the same room. About 2 weeks before I left I noticed there was only a double bed in the room. I am under the impression that before that there was a stretcher in the room as well. I have heard laughing and shuffling in the room. The boy was not employed by Mrs Boan. Lately there has been a double bed on the floor. Before that there was a single bed and a stretcher.

2

    When accused kissed the boy I spoke to Finlay although I never spoke to accused about it.

[Signed] Andrew Bourke.

Taken and sworn at the Children’s Court, Sydney, this 2nd day of August 1910 before me.
[Signed] Stephen Murphy, SM.

6

    Henry John Leer, sworn, states

    I am fourteen and a half years old. I am now living at Robertson Street West Kogarah and go to school. I am living with my parents. I was working for Mr Boan as a gardened at Rosemont, Ocean Street Woollahra. I was working there for accused who was working for Mr Boan. Defendant gave me 10/- a week and Mr Boan supplied me with food. I went to Boan’s to work on 21st February last and left there last Saturday week. My parents and I knew defendant before he was a Boan’s and he got me the situation. While at Boan’s I slept in a room with defendant. No-one else was in the room. The room was near the house, facing one of the lawns. It was separate from the main building. After I was there about 3 weeks defendant although there was a bed in the room we were sleeping on the floor together. He said “Can I play with you?” I said “All right.” I was lying on my stomach and he got on top of me and put his thing in my behind. He didn’t hurt me. He did it to me again about three weeks or a month after, in the same bed. He again on that occasion asked me to let him play with me. He has done it to me about four times altogether, the last time about 3 weeks before we left. We left on 25th July. He never gave me anything or promised me anything when he done this to me.

    To Bench: If he said he did it oftener than 3 or 4 times he has made a mistake. (In view of boy’s age Police do not ask him anything he did)

    To Mr Spear: Jack Finley thought it was going on. I knew it was a wrong thing to do. I objected to it the second time and punched him in the nose. Whenever he put his thing there he lay quietly. It never hurt me at all.

    To Mr Spear: I didn’t make any resistance the first time. I don’t know why I didn’t. I resisted the last two times but didn’t succeed in stopping him. I didn’t cry out as I thought it might make a disturbance.

7

I asked my parents could I come home and go to another job but they told me to stop there. I made no objection to sleeping in that room with him.

[Signed] Henry John Leer.

Taken and sworn at the Children’s Court, Sydney, this 2nd day of August 1910 before me.
[Signed] Stephen Murphy, SM.

8

    Alexander Livingstone, sworn, states.

    I am a farm hand and live at Rosemont, Ocean Street Woollahra. I know the boy Leer and I know the accused. We were all working at Boan’s. The boy was working about the garden with the defendant but he wasn’t in the employ of Mr Boan.

    While there I noticed that defendant used to go about the garden and about the cow bail with the boy with his arm round him. On 3rd July I heard a voice like Leer’s say “Stop it, you are always at it.” I didn’t hear any reply: defendant and the boy were in their room then. It was in the evening about 8 or half past 8. That room is about 25 yards from the verandah of the main house. My room adjoins his and is divided with a wooden partition. Defendant would never let the boy out of his sight and used to follow him like a dog would follow his master. I never spoke to them about what I overheard. I was present at the Peoples Palace when defendant was arrested. I only heard parts of the conversation. I heard defendant say “That boy saved my life” as I was coming down the stairs with the boy I said something to the boy in a whisper. The Constable might have heard it but I don’t think defendant would hear it. The Constable might have heard it. He was behind the accused. Going downstairs accused was first, then I came with the boy, and the Constable after.

    To Mr Spear: When I heard him say “Stop it,” I didn’t know what was going on.

[Signed] A Livingstone.

Taken and sworn at the Children’s Court, Sydney, this 2nd day of August 1910 before me.
[Signed] Stephen Murphy, SM.

9

    John Fennelly, sworn, states

    I am a chauffeur in the employ of Mr Harry Boan and live at Rosemont, Ocean Street Woollahra. Accused was in the employ of Mr Boan. Some time in June, one evening about 6 o’clock, I heard an unusual scuffle taking place in the defendant’s room. The boy Leer who was in there said “Look out, look out.” Defendant was with him. I tiptoed from my door to defendant’s window. I could see into the room on an angle although a green blind was down and I saw the defendant standing behind the boy undoing the boy’s trousers and the boy said “Wait a minute till I do my hair.” Defendant suddenly opened the door. I didn’t like to be caught watching him so I said “I was just after an opossum.” Defendant and the boy were always together: if the boy went anywhere the defendant would follow him. He generally had his arm around the boy’s neck.

    To Mr Spear: It was the early part of June. Both parties remained till towards the end of July. After that day in June I saw defendant with his arm round the boy. I slung off at him in an indirect way. I spoke pigeon Dago to him and said “I think you playa the boy.” He didn’t reply. I told a fellow employee of my suspicions. I didn’t speak about the defendant’s action as I wanted to catch him.

[Signed] John Fennelly.

Taken and sworn at the Children’s Court, Sydney, this 2nd day of August 1910 before me.
[Signed] Stephen Murphy, SM.

10

    Annie Leer, sworn, states

    I am the wife of William James Leer, a tailor, and live with him at Robertson Street West Kogarah. I am mother of Henry John Leer who was 14 on 17th February last. I know the accused – a little over two years. When I was caretaking at my place the Hermitage, Rose Bay, the defendant was working next door at Little’s. In February last accused came to my place and said “Mr Boan is offering a position to Harry at 10/- a week if he is leaving school: he will help me in the garden.” I said “I will see what his father says.” We afterwards allowed him to go. He went on 21st February. Accused is no relation to the boy. While at Boan’s my boy would come home once a week and defendant would come up with him. He seemed very fond of Harry.

    No questions.

[Signed] Annie Leer.

Taken and sworn at the Children’s Court, Sydney, this 2nd day of August 1910 before me.
[Signed] Stephen Murphy, SM.

11

(F. 2 – “Justices Act, 1902.”)

Statement of the Accused.

State of New South Wales, Paddington
TO WIT.                                                } 

James McLauchlan (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 2nd day of August in the year of Our Lord one thousand nine hundred and ten for that he, the said defendant between the 1st of March 1910 and 5th July 1910, at Woollahra in the said State, did assault Henry John Leer, a child aged 14 years, and then wickedly and against the order of nature carnally know the said Henry John Leer and did commit with the said Henry John Leer, the abominable crime of buggery and the said charge being read to the said defendant, and the witnesses for the prosecution, Arthur Aubrey Palmer, Victor Lenehan, Andrew Bourke, Henry John Leer, Alexander Livingstone, John Fennelly, Annie Leer, 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:– “I reserve my defence.”

Taken before me and read over to the said defendant at Paddington in the said State, the day and year first above mentioned.
[Signed] Stephen Murphy, SM.

12

G. 190.

New South Wales,
TO WIT.                   }

REX.
versus
James McLauchlan

Offence,— Buggery

    The accused stands committed to take his trial at the next Court of Gaol Delivery to be holden at Sydney, in the State of New South Wales, on the twenty ninth day of August 1910. Bail allowed the accused in £100 and two sureties in £50 each, or one in £100

[Signed] Stephen Murphy, JP, Special Magistrate and Children’s Court

JP.

Dated at the Police
Office, Children’s Court Paddington
in the said State,
this second
day of August
AD 1910.
4g 416 - 88

13

“Justices Act, 1902.”

Recognizance to give Evidence.

State of New South Wales, Paddington
TO WIT.                                              } 

Be it remembered, that on the 2nd day of August in the year of Our Lord one thousand nine hundred and ten Victor Lenehan a Constable of the Police Force, stationed at Sydney in the State of New South Wales, Andrew Bourke of “Winchcombe” Ocean Street Woollahra in the said State, labourer, Alexander Livingstone of “Rosemont” Ocean Street Woollahra in the said State, farm hand, John Fennelly of “Rosemont” Ocean Street Woollahra in the said State, chauffeur, and Annie Leer of Robertson Street West Kogarah in the said State, married woman 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, respectively, to the use of our said Lord the King, his Heirs and Successors, if they the said before mentioned persons fail in the condition indorsed.

Taken and acknowledged, the day and year first above mentioned, at Paddington in the said State, before me.
[Signed] HH MacDougall, JP.

The condition of the within written Recognizance is such, that whereas one James McLauchlan was this day charged before S Murphy Esquire one of His Majesty’s Justices of the Peace for the said State, with buggery.

If, therefore, they the before mentioned persons shall appear at the next Court of Gaol Delivery to be holden at Sydney in and for the State of New South Wales, on Monday the 29th day of August 1910, 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 James McLauchlan for the offence aforesaid, to the jurors who shall pass upon the trial of the said James McLauchlan.

Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] HH MacDougall, JP.

14

“Justices Act, 1902.”

Recognizance to give Evidence.

State of New South Wales, Paddington
TO WIT.                                              } 

Be it remembered, that on the second day of August in the year of Our Lord one thousand nine hundred and ten, Annie Leer of Robertson Street West Kogarah in the State of New South Wales, married woman personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged herself 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 her goods and chattels, lands and tenements, respectively, to the use of our said Lord the King, his Heirs and Successors, if Henry John Leer shall fail in the condition indorsed.

Taken and acknowledged, the day and year first above mentioned, at Paddington in the said State, before me.
[Signed] HH MacDougall, JP.

The condition of the within written Recognizance is such, that whereas one James McLauchlan was this day charged before S Murphy Esquire one of His Majesty’s Justices of the Peace for the said State, with buggery.

If, therefore, Henry John Leer shall appear at the next Court of Gaol Delivery to be holden at Sydney in and for the State of New South Wales, on Monday the 29th day of August 1910, at nine of the clock in the forenoon, and then and there give such evidence as he knows upon an information to be then and there preferred against the said James McLauchlan for the offence aforesaid, to the jurors who shall pass upon the trial of the said James McLauchlan.

Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] HH MacDougall, JP.

15

C[hildren’s] C[ourt] 663

James McLauchlan 24 S Aust CE

    For that between 1st March 1910 and 5th July 1910, at Woollahra did assault Henry John Leer and the wickedly and against the order of nature carnally know the said Henry John Leer and did commit with the said Henry John Leer the abominable crime of buggery.

    Mr Spear appears for the defendant.

    Constable Lenehan applies for a remand for a week: Mr Spear has no objection.

    Remanded till Tuesday, 2nd August 1910. Bail allowed – self in £100 with one surety in £100 or two sureties in £50 each.

[Signed] Stephen Murphy, Special Magistrate.
C.C. Paddington, 26th July, 1910.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Central Criminal Court,
Sydney,
29th August 1910
SG’s No. 10/141
Depositions.
CA’s No. 12
351
Rex
v.
James McLachlan
Buggery
Committed at: Paddington
on: 2nd August 1910

~ ~ ~ ~ ~

Central Criminal Court.
Date. 29:8:1910
Cor. Fitzhardinge Acting Judge. 3
Plea. Not guilty
Verdict. Guilty with strong recommendation to mercy
Judgment. 5 years penal servitude
(A White ?)
Counsel for Crown.
Note.– In event of postponement, it should be stated whether accused admitted to bail.

~ ~ ~ ~ ~

Buggery
[Initial illegible]

Memo for Solicitor General

    This case affords a very good example of the difficulty caused by the decision of the Supreme Court in Rex v Robinson [1909, vol.] 9 State Reports p. 728. [see below]
[Initial illegible]
6:8:1910

~ ~ ~ ~ ~

The Daily Telegraph, Mon 29 Aug 1910 4

LAW NOTICES.
————
Monday, August 29.

SUPREME COURT.

…

CENTRAL CRIMINAL COURT.

    Francis James Marshall, murder; James McLauchlan, an unnatural offence.

    Note.— Only the witnesses in the cases set down for trial on Monday need be in attendance at the Court on the day.

~ ~ ~ ~ ~

The Sydney Morning Herald, Mon 29 Aug 1910 5

LAW REPORT.
———◦———

…

CENTRAL CRIMINAL COURT.

    Francis James Marshall, murder; James McLauchlan, unnatural offence. Note.—Only the witnesses on the cases set down for trial to-day need be in attendance at the Court.

~ ~ ~ ~ ~


James Mclaughlin, Gaol photo sheet 6

SRNSW: NRS2138, [3/6075], Darlinghurst Photograph description books, 1910-1911, No. 11471, p. 204, R5114.


Gaol Photo Sheet - 
Transcribed Details

No. 11471

Date when Portrait was taken: 29-8-1910

Name: James McLauchlin

Native place: Adelaide

Year of birth: 9-4-1886

Arrived       Ship: –
in Colony }   Year: B. S.

Trade or occupation
previous to conviction      } Gardener

Religion: C of E

Education, degree of: R and W

Height: 5' 1⅞"

Weight     On committal: 135
in lbs     } On discharge:

Colour of hair: Brown

Colour of eyes: Grey

Marks or special features: Scar inside left wrist, scar on top of right forefinger, scar on right side of abdomen from operation for appendicitis

(No. of previous Portrait ... ) 

CONVICTIONS

Where and When Offence. Sentence

Sydney GD

29

8

1910

Sodomy (3 counts)

5 years PS on each charge.
Concurrent

 


1     SRNSW: NRS880, [9/7155], Supreme Court, Papers and depositions, Sydney, Aug 1910, No. 351. Emphasis added.

2     Mn: Witness here cautioned by Bench that he needn’t answer any question likely to incriminate himself

3     Acting Judge Fitzhardinge’s notes could not be located at SRNSW.

4     The Daily Telegraph, Mon 29 Aug 1910, p.10. Emphasis added.

5     The Sydney Morning Herald, Mon 29 Aug 1910, p. 5. Emphasis added.

6     SRNSW: NRS2138, [3/6075], Darlinghurst Photograph description books, 1910-1911, No. 11471, p. 204, R5114.