Patrick Sheridan and Thomas Hangan 1910
Below also see: Henry Brown, Frederick Lindell, Thomas Hangan, Sydney Fox, 1911 – Indecent assault
Barrier Miner, Wed 7 Sep 1910 1
ASSAULT ON A CONSTABLE.
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TWO MEN CONVICTED.
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In the Police Court this morning, before Mr FW Garstang, DSM, Patrick Sheridan, or Fisher, and Thomas Hangan, were charged on warrant with having assaulted, in company Thomas Frederick Doolan, a police constable, at Broken Hill on September 4.
Mr AJ Hall appeared for the defence, and a plea of not guilty was entered.
Constable Hart stated that at about 7.40 pm on September 4, by virtue of a warrant (produced), he arrested the defendant, Sheridan, or Fisher, in Crystal-street, and conveyed him to the Police Station, where he charged him with the present charge; defendant made no reply to the charge.
To Mr Hall: Witness did not know what was Sheridan’s proper name; witness was not aware that he worked by the name of Patrick Fisher, or that the defendant’s mother married again, and was now Mrs Sheridan.
Constable Biddle gave evidence as to Thomas Hangan coming to the Police Station at 10 o’clock on Monday morning, and asking whether there was anything for him at the station; witness replied that there was a warrant out for him, and witness, in company with Senior-constable Monday, arrested the defendant, who made no reply.
Constable Doolan informed the Court that at about 4.45 pm on Sunday last he was on duty in Bromide-street, and saw several young men standing outside a shop, and as he was walking towards them the defendant Hangan addressed witness in offensive terms; witness went over to Hangan and said “I want your name and address”; at first the defendant refused to comply with the request, and witness said that if he refused to give his name and address he would have to come to the station; the conversation took place at the door of Mrs Sheridan’s shop; Mrs Sheridan advised Hangan to give his name and address, as witness was only doing his duty; witness informed Hangan that he would receive a summons in due course; as witness turned to leave the place Sheridan stepped forward and said, “As man to man, you’re only a mongrel;” Sheridan said, “My name? I’ve done time before for assaulting the police,” and then struck out and hit witness on the right side of the neck; witness then caught hold of Sheridan and whilst they were struggling Hangan struck witness several times with his fist on his temple, knocking off his helmet and causing him to loosen his hold of Sheridan; there were several men and children about at the time; the men were under the influence of liquor, and the two defendants were hustled into a back room; after receiving his shoulder strap, which was pulled off in the struggle, from Mrs Sheridan, witness left.
To Sergeant Mackie: The language was first used in front of the shop, and the assault took place inside the shop; witness had no conversation with Sheridan before he went into the shop.
To Mr Hall: The whole occurrence took place in the shop; witness had no warrant to enter the shop, and did not enter at the request of Mrs Sheridan; after he had secured Hangan’s name Mrs Sheridan requested him to leave the shop, and he was doing so when Sheridan stepped forward; it was not a fact that he refused to leave, and that Sheridan requested him to do so three times; witness did not tell Hangan that he would arrest him; Sheridan did not place his hand upon witness’s shoulder and request him to leave after he had secured Hangan’s name; before witness had done so Sheridan placed his hand on his shoulder and said, “You’ve got no warrant to come here, get out;” witness said “It’s no business of yours, I want that man’s (Hangan’s) name and address;” witness did not strike at Sheridan when he placed his hand on his (witness’) shoulder; as far as witness could say positively, Sheridan struck him one blow; Hangan struck him three blows, of which he was sure; witness could not show the court any mark at all of the blows received; witness’s helmet did not fall off when Sheridan rushed him, and that was not the only thing that happened to him; witness knew the defendant Sheridan by the name of Sheridan, and he gave the name of “Sheridan or Fisher;” witness had no intention of arresting Hangan that afternoon, he only wanted his name.
To Sergeant Mackie: Mrs Sheridan did not object to witness being in the shop when he asked Hangan for his name and address, but advised Hangan to give his name.
This closed the case for the prosecution.
Patrick Fisher, a miner, said he was a son of Mrs Sheridan, who kept a shop in Bromide-street; on Sunday afternoon he was at his mother’s place, and was in the shop when Hangan gave the constable his name and address; witness asked the constable to leave the shop after he had got Hangan’s name and address; before then his mother had asked the constable to leave the shop; witness said to the constable three times, “You’ve got Hangan’s name now; will you leave the shop;” the constable did not leave, but said, “I’ll arrest you too;” witness put his hand lightly upon the constable’s shoulder, and Doolan made a rush at him, and they both grappled on the floor; he did not strike the constable, and Hangan did not strike Doolan three times; witness did not get between the constable and the door to prevent him leaving the shop after he had secured Hangan’s name; the witness denied having said to the constable, “As man to man, you’re only a mongrel,” or that he had used any abusive or insulting language to him.
To the police: Witness did not say to the constable, “I’ve done time for assaulting the police;” it would have been true if witness had said so; witness drank only a bottle of beer that day, and at the time of the occurrence he was perfectly sober, when Constable Doolan came up, witness was not on the footpath with Hangan; when witness came from the yard the constable was in the shop asking Hangan for his name and address; when witness and the constable were struggling Hangan was behind witness and did not see him; witness was on his knees facing the door and Doolan was banding over him; to hit the constable, Hangan would have to pass over witness; after the encounter with the police witness and Hangan remained in the shop; witness’s mother was behind the counter and he did not see her give the constable a shoulder strop; there were about 15 or 16 people about at the time of the occurrence; witness and Hangan did not go out into a back room before the constable left the shop; did not catch hold of Doolan, neither did anyone else.
Thomas Hangan, trucker, stated that he saw Constable Doolan in Bromide-street in front of Mrs Sheridan’s shop; witness denied having made use of the words to the constable as alleged by him; witness did not use any insulting language at all to Doolan; witness gave his name and address to the constable inside Mrs Sheridan’s shop; the witness corroborated Sheridan’s statement with regard to requesting the constable to leave the shop, and as to the subsequent happenings; witness denied that he struck the constable or that he placed his hands upon him in any way at all.
To the Police: Witness was quite sober on Sunday afternoon; the constable was 40 yards away from witness when he went into the shop; the constable had no chance of getting his name on the street; when the constable came into the shop he asked witness for his name and address, which witness gave him; Mrs Sheridan asked the constable to leave the shop before witness gave him his name; Mrs Sheridan did not tell witness to give his name to Doolan; witness corroborated Sheridan’s evidence in cross-examination.
This closed the case for the defence.
Mr Hall addressed the Bench, and contended that the defendants had no case to answer. The constable, he held, had not made out his case clearly. The constable had stated that he was there in the execution of his duty, and he intended to argue that the constable had no right to be there at all. He had no warrant and the defendants had not escaped from custody.
The DSM: The warrant states that the complainant is a constable of police but nothing is said of his being in the execution of his duty.
Mr Hall waived the point, and submitted that in the absence of corroboration by the constable the defendants should be discharged. As a matter of law, if any assault had been committed then the constable was the guilty party. The matter was so small and trivial.
Sergeant Mackie contended that the constable had a perfect right to go into an open shop and take the name and address of any person.
The DSM said that apart from the matter of trespass, the principal matter that he had decided upon was whether an assault had been committed at all. The evidence showed that the shop did not belong to the defendants, and if there had been a trespass by the constable the trespass was not against them, and they had no right to order the constable out of the shop. He saw nothing inconsistent with the constable’s statement in the fact that he could not now show evidence of the blows said to have been given him by the defendants. The story of the defendants tallied very well, but each had heard the other’s evidence. The strangest part of the whole thing was that all the people stated to be about at the time, neither side had called evidence. Both sides were unsupported, and because of that it became a difficult matter for him to decide. The conclusion that he came to was that an assault had been committed by the defendants. The matter did not appear to be of a very serious nature, and the constable was not stated to have been assaulted whilst in the execution of his duty. Each of the defendants would be fined £2, with 3s cost–in default, 14 days’ imprisonment. Twenty-one days were allowed in which to pay.
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The Advertiser, Thu 8 Sep 1910 2
BROKEN HILL.
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ASSAULTED A CONSTABLE.
Patrick Sheridan, or Fisher, and Thomas Hangan, were each fined £2, or 14 days in gaol, at the Police Court yesterday for having assaulted Constable Doolan.
Henry Brown, Frederick Lindell, Thomas Hangan, Sydney Fox, 1911
Barrier Miner, Wed 19 Apr 1911 3
POLICE COURT.
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At this morning’s sitting of the Police Court, presided over by Mr HS Hawkins, DSM, the following cases were dealt with:—
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DRUNKENNESS AND LANGUAGE.
Frank Jones [aka Frederick Lindell] who last week was fined for being drunk, again appeared before the Court this morning and pleaded guilty to being drunk and using indecent language on April 17. On the first charge he was fined 10s,—in default seven days’ imprisonment, and on the second 20s—in default 14 days’ gaol. Seven days were allowed to pay upon his obtaining sureties.
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Barrier Miner, Wed 27 Sep 1911 4
ALLEGED ASSAULT AND
ROBBERY.
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FOUR MEN COMMITTED FOR
TRIAL.
At the Police Court this morning, before Mr CF Butler, SM, Henry Brown, Frederick Lindell, Thomas Hangan, and Sydney Fox were each charged with having assaulted John Rogers and robbed him of the sum of 28s at Broken Hill on September 25.
Each of the accused agreed to have the four cases taken together.
Constable Atkinson said that at about 10.10 o’clock last night a complaint was made at the Police Station by a man named John Rogers; in company with Constable Petith and Rogers witness went to the Denver City Hotel and saw the four accused there; witness said to them, “I want you to come to the Police Station;” one of the accused replied, “What’s the joke?” witness informed them that Rogers had made a complaint that the four accused had robbed and assaulted him; the four accused came to the Police Station: witness searched Brown, and found three two-shilling pieces, one half-crown, and nine pennies; Brown said he got the pennies as change for drinks; in reply to another question, Brown said he got the whitewash on the back of his coat from off Ferguson’s fence; Brown refused to answer whether he was at the urinal of the Denver City Hotel last night; accused Hangan admitted being at the Denver City Hotel several times during last night, and also admitted having had several drinks with Rogers; Hangan denied having interfered with Rogers; witness searched Hangan, and found on him six shillings in silver; Hangan said his mother gave him the money; accused Lindell admitted having several drinks with Rogers in the Denver City Hotel, but denied having interfered with him in the yard; Lindell had 5/1 in his possession, and said a man from “outback” had given him the money; accused Fox admitted having been at the Denver City Hotel on and off all the day, and having been in Rogers’s company; Fox said to Rogers, “I did nothing to you?” Rogers replied, “No, but you were there”; Fox had no money in his possession; the four accused were companions; Rogers was sober; witness preferred the charge against each of the accused; none of them made any reply.
In reply to accused Brown, witness said Rogers was not wildly excited when he came to the Police Station; witness told accused that there was a number of pennies included in the money robbed from Rogers.
Replying to accused Hangan witness said Rogers did not say Hangan was not concerned in the matter; Rogers said, “Hangan was there.”
John Rogers, a youth, said he was a trucker, and resided at Carrington Chambers, Argent-street; he was at the Denver City Hotel last night about 10 o’clock; he saw the four accused at the hotel; they asked witness to have two drinks, and then followed him “out to the back”; accused Brown tried to commit an unnatural offence on witness; Brown then grabbed witness by the waist and put his hand in witness’s right hand tourers pocket and took from it about seven shillings; Brown also took seven or eight pennies out of witness’s top waistcoat pocket, witness tried to hide a purse containing a pound note and an art union ticket in his trousers; Brown said, “Hand that up”; Brown then took the pound note and the ticket and threatened to knock witness’s brains out if he cried out; the other three accused were in the yard near the urinal; witness struggled and got free, when Brown made another indecent proposal; Brown called to the other accused to come and take witness’s coat and waistcoat off; accused Lindell said, “No, let him have his coat; have you got all his money?” accused Lindell then put his hand in witness’s pocket; Brown then hit witness, saying, “Take that;” witness only had three “shandies” that night in three hours; Lindell invited witness to have the drinks; witness wanted to get away from them, and that was why he went out to the back of the premises.
To accused Brown: Witness would swear positively that he was with Brown in the urinal.
To the SM: Accused Brown did commit an offence on witness.
To accused Lindell: Witness shouted for the four accused earlier in the night at Henderson’s Hotel; witness also had a drink with them at the Australian Club Hotel, and at the Denver City [Hotel].
To accused Hangan: Hangan did not interfere with witness beyond taking his hat off his head.
To accused Fox: Witnesses was not interfered with by Fox; Fox could see what the others were doing to him in the urinal.
Constable Atkinson, recalled, said the hat (produced) was worn by Rogers when he came to the police station; the hat belonged to accused Hangan; Hangan was wearing Fox’s hat.
This closed the case for the prosecution.
Each of the accused was committed to stand his trial at the Quarter Sessions to be held at Broken Hill on December 4, next. Bail was refused.
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FURTHER CHARGES AGAINST
BROWN AND LINDELL.
Accused Brown was further charged with having committed an unnatural offence on Rogers, and was remanded till Monday next.
Accused Lindell was charged with aiding and abetting Brown in the offence, and was also remanded till Monday next.
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Barrier Miner, Fri 1 Dec 1911 5
GENERAL SESSIONS.
A BIG LIST OF CASES.
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The Quarter General Sessions will commence at Broken Hill on Monday next when Judge Gibson will preside. The list is a long one, and the sittings promise to be protracted.
There are 15 cases set down for hearing, including no fewer than nine appeal cases. The following is the full list:—
Henry Brown, Frederick Lindell, Thomas Hangan, and Sydney Fox, each charged with assault and robbery.
Henry Brown, charged with assault with intent to commit an unnatural offence. Frederick Lindell is also charged with aiding and abetting in the commission of the alleged offence.
DT Flanagan, charged with inflicting grievous bodily harm on Honorah Gale at North Broken Hill.
Charles Smith, charged with assault with intent to commit an offence on a girl under the age of 16 years.
Robert Marshall, alleged false pretences (four separate charges).
The cases in which appeals have been lodged are:—
WJ Eodman, on a charge of having maliciously killed two pigs.
WH Seymour, on a charge of having received a pig reasonably suspected of being stolen.
John Firth, on a charge of having been on a street for the purpose of betting.
Demetrius Couroupis, alleged street betting.
Herman B Nenke, alleged street betting.
Gilbert Brackenridge, alleged street betting.
D Trenear, alleged wife desertion.
AV Brown, on a charge of having kept his licensed premises open for the sale of liquor during prohibited hours.
Thomas W Supple, on a charge of having kept his licensed premises open for the sale of liquor during prohibited hours.
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Barrier Miner, Mon 4 Dec 1911 6
QUARTER SESSIONS.
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THE BROKEN HILL SITTINGS.
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The quarterly sitting of the Quarter Sessions were opened at the Courthouse by Judge Gibson this morning.
Mr CJ White, instructed by Mr CA Withy, of the Crown Law Department, acted as Crown Prosecutor.
A JURYMAN EXCUSED.
Mr AJ Hall asked that Mr Nicholas Roberts be excused from attending as a juryman on the grounds that he was an underground foreman at the Central mine, and having charge of several hundred men, there was the probability of considerable danger to the men and mine had he to attend the Court.
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ALLEGED ASSAULT AND ROBBERY.
Henry Brown, Frederick Lindell, Thomas Hangan, and Sydney Fox were each charged with having assaulted and robbed John Rogers of £1 8 on September 25 last.
Brown said that he had been told by the magistrate in the Police Court that he could apply for legal aid under the Poor Prisoners’ Act . He had waited eight weeks, and now asked his Honor to give him the necessary legal assistance during his trial.
The four accused pleaded not guilty. Mr AJ Hall appeared for Hangan, the others being undefended.
The following jury was empanelled:—JE Horsington, JK Wilson, LW Cooper, JH Brenton, FN Kidman, FJ Sutton, WH White, T Matters, AC Cunningham, A Harding, CC Campbell, and AH Middleton.
John Rogers, a trucker, said that he knew the accused; he saw them on September 25 last near Henderson’s Hotel, Argent-street, about a quarter or half-past 9 in the evening; the witness joined the accused there, and was with them for about three-quarters of an hour; the witness last saw them at the back of the Denver City Hotel; the witness went to the back, and the accused followed him; Brown took hold of witness; the others were a short distance away; Brown pulled the witness into the urinal, and made an objectionable proposal; Lindell was standing just outside, and near enough to hold the door; the other two were standing a little further away.
Mr Hall contended that anything Brown said was not evidence against Hangan.
His Honor: Possibly.
The witness (continuing) said that he struggled to get away, and was told to keep still or he would get his brains knocked out; (the witness here described the nature of the offence committed upon him); Brown then took 7/ out of witness’s right hand side coat pocket; the witness also had a purse, with a pound-note and an Eight-hour ticket in it in his pocket, which Brown demanded of him; Brown took the purse and felt the witness’s pockets to see if he had any more money; (the witness here described another filthy action of the accused, Brown); Lindell opened the door and said, “How are you getting on?” Brown said, “All right!” Lindell said “Have you got all his money?” and then put his hand in witness’s pocket; Brown said, “Yes,” and then hit the witness near one of the eyes; Brown then said, “Let’s duck;” Hangan and Fox were in the yard at the time; when the witness was going into the yard Hangan took the witness’ hat off and put his own on the witness’ head; the accused left the yard, and the witness went to the Police Station, and afterwards returned to the hotel with Constable Atkinson; the four accused were in the bar drinking; the constable arrested them and took them to the station; Brown said to Lindell, when in the yard, “Let’s take his coat and vest;” Lindell said, “No, don’t take his coat and vest.”
To Brown: I never met you before that day; you asked me to come and have a drink at Henderson’s; you had a drink with me; I cannot stand much drink, but was not skylarking down the road; we had a drink at the Australian Club, and another at Supple’s; you followed me from the bar; you were wearing a cap but I did not look at your other clothes; the yard was not in darkness; I do not remember giving Lindell any money; I had about seven or eight coppers when at Henderson’s; I had no drinks before I met you; I swear I had no drink at the Globe Hotel that night; the blow you gave me staggered me.
To his Honor: The assault, as far as I could see, was an assault for the purpose of getting my money; I had three long shandies that night.
To Lindell: When I met you you were all standing on the footpath outside Henderson’s hotel; you all walked up and asked me to shout; I don’t remember two fellows from outback coming in; I did not give you 9d and two pennies; we had a drink at the Australian Club and another at the Denver City Hotel; you fellows followed me into the yard; I came out the front way from Supple’s; I saw you in the hotel when I went through; I did not stop because I thought you might block me.
To Mr Hall (for Hangan): I was not under the influence of drink; the four men followed me out; I left quietly to go to the back; I said in the Court below that two of the men were already at the back when I went out; my memory is not so correct now; I made a mistake this morning when I said that the four men followed me; I swear that I saw Hangan in the yard after I came out of the urinal; it was quite dark in the yard but I could see the men; Hangan took my boxer hat in the street several times and in the yard took it again and left me his old one; I was too frightened to call for help loudly; Brown threatened to knock my brains out.
To Fox: I think you were outside the back yard before I went out; the police went to the hotel about a quarter past 10 o’clock; the yard of the hotel may be 15ft long.
Proceeding.
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The Advertiser, Tue 5 Dec 1911 7
ASSAULT AND ROBBERY.
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A BROKEN HILL CASE.
Broken Hill, December 4.
The sittings of the Quarter Sessions were opened at the Courthouse by Judge Gibson this morning. Mr CJ White acted as Crown Prosecutor. Henry Brown, Frederick Lindell, Thomas Hangan, and Sydney Fox were each charged with having assaulted and robbed John Rogers of £1 18/ on September 25 last. Brown said he had been told by the magistrate in the Police Court that he could apply for legal aid under the Poor Prisoners’ Act . He had waited eight weeks, and now asked his honor to give him the necessary legal assistance during the trial. The accused pleaded not guilty. Mr AJ Hall appeared for Hangan, the others being undefended. The evidence contained revolting details of the alleged assault committed upon Rogers.
The jury retired at 2 o’clock to consider their verdict, and returned at 2.45, and announced that Henry Brown and Frederick Lindell were found guilty of the charges brought against them, and Thomas Hangan and Sydney Fox not guilty. Hangan and Fox were discharged, and the others remanded for sentence.
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Barrier Daily Truth, Tue 5 Dec 1911 8
THE QUARTER SESSIONS.
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A LENGTHY LIST.
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His Honor Judge Gibson, presided over the quarterly sitting of the Court of Criminal Sessions, held in the Courthouse yesterday, when the following cases were dealt with.
ALLEGED ASSAULT AND ROBBERY.
Henry Brown, Frederick Lindell, Thomas Hangan, and Sydney Fox, were arraigned on a charge that they did on September 25, assault John Rogers in the yard of the Denver City Hotel, and rob him of £1/8/.
The four accused pleaded not guilty.
The following jurymen were empannelled [sic] – JE Horsington, JK Wilson, LW Cooper, JH Brenton, FN Kidman, FJ Sutton, WH White, Thos Matters, AC Cunningham, A Harding, CC Campbell, AH Middleton.
Accused Hangan challenged two jurors, and accused Brown and Lindell, each one.
Mr CJ White, Crown Prosecutor, conducted the case fir [sic] the Crown, and Mr AE Withy, Deputy Clerk of the Peace, instructed him.
Mr AJ Hall appeared for the accused Hangan, but the other three were undefended.
John Rogers, trucker, employed at the South Mine, said he knew the accused. He saw them near Henderson’s Hotel on September 25 last, at about 9.30pm, and joined in their company. Witness remained with them for about an hour, and the last time he saw them was at the back of the Denver City Hotel. The accused were in the bar, and witness went out to the back premises, and the accused followed him. When near the urinal, Brown caught hold of witness and pulled him into a WC. The others were standing out in the yard close by, and there was no one else about. When Brown got in the urinal he said (the words are unprintable.) Lindell was then just outside of the WC, the door of which had been shut by Brown. Fox and Hangan were standing together in the yard near by, but he could not say as to whether they could hear. Witness endeavoured to get away from Brown, and he said, “You —– keep still, or I’ll knock your brains out.” Brown then attempted to indecently assault him. Accused Brown said (words unprintable) “hand over your money.” Witness was standing up and Brown had his arms around him, and they succeeded in taking the sum of 7s out of his inside pocket. Witness had a purse with a pound note and an art union ticket which witness had slipped into his trousers, but Brown found it and said “You’ve got a purse there you ——, hand it up.” Brown then secured the purse and said, “Is that all you’ve got?” at the same time going through witness’ pockets. Brown then attempted to make witness commit an unmentionable action. Lindell opened the door and said “How are you getting on?” and Brown replied “All right.” Lindell said to Brown, “Have you got all his money?” and Brown answered “Yes.” Brown then said, “Take that you ——,” at the same time hitting witness below the eye. Witness doubled up as if he had been “hit out,” and Brown said, “Now, let’s duck.” When witness came out of the urinal Hangan and Fox were about three yards away from witness. When going out to the urinal in the first place, Hangan took witness’ hat off his head, and put his own on witness’ head. All the accused went into the hotel, and witness went to the police station, and afterwards witness and Constable Atkinson went back to the Denver City Hotel, where they saw the four accused in the bar drinking. The constable arrested them and took them to the police station. There was a pound in the purse, and seven or eight shillings, and a like number of coppers, all of which was taken by Brown. When witness got out of the urinal Brown said, “Let’s take his coat and waistcoat,” but Lindell replied, “No, let him have his coat and waistcoat.”
By accused Brown: Witness had never known accused before that night at Henderson’s. witness was sober, but could not stand much drink. Witness did not say that Brown and Fox went out one on each side, and that Lindell followed. Witness did not know whether there was a light in Supple’s yard. Witness did not remember giving Lindell any money, a sixpence, a threepence, and four coppers. Witness had just left his mates when he joined the accused. A quart of beer would make accused drunk. The blow did not blacken witness’ eye.
By His Honor: Three long beers would upset witness, but he only had three long shandies, which was not equal to three long beers. Witness made a mistake when he told Lindell in the lower court he had two long beers and a shandy.
By accused Lindell: Witness met the four accused in front of Henderson’s Hotel. Accused walked up to witness and asked for a drink, and witness shouted. Witness did not remember giving accused 9d. and four pennies, nor the two chaps coming in from outback. Witness had a drink in the bar of the Denver City Hotel, and when he went out to the urinal he was by himself, as he intended to go home. Witness went out of the front of Supple’s to go to the police station.
By Mr Hall: Witness was not under the influence of drink. Witness did say in the Lower Court that when he went out the back Brown and Fox were out there. He was more likely to be correct when he gave his evidence in the Lower Court. Hangan was in the yard when witness came out of the urinal. Witness did get a second blow, but he hardly felt it. Witness remembered saying it was quite dark in the hotel yard in the Lower Court, and that was correct. When witness received the blow Hangan was 15 yards away. Witness and Hangan changed hats near the Carrington Chambers, and then changed them near the London Stores. With that exception Hangan did not interfere with witness in any way. When in the WC witness sang out for “Help” on one occasion. He was frightened to cry out any more, because Brown threatened to knock his brains out. Witness met the four accused outside Henderson’s Hotel, and shouted for them.
By Accused Fox: Witness did not speak to Hangan and accused when he went out into the yard. Accused and Hangan were very near to the back door of the hotel when witness was being robbed of his money.
Re-cross-examined by Mr Hall: Witness could not see Hangan when he was in the outhouse.
Constable Atkinson stated that on the 25th September Rogers came to the Police Station at ten minutes past 10 o’clock, and made a complaint. Witness, Constable Petith and Rogers then proceeded to the Denver City Hotel, where they saw about eight man [sic] in the bar. Rogers picked the four accused out as the men who had assaulted and robbed him. Witness asked the men to go to the Police Station, and one said, “What is the joke?” Witness said, “It is no joke; this man has made a complaint that he was assaulted and robbed, and has identified you men as those who have assaulted and robbed him.” They all then went to the Police Station, where witness cautioned the accused. Witness asked Brown, in the presence of Rogers, what time it was when he went to the Denver City Hotel, and he replied, “I don’t know.” Witness said, “Did you see Rogers there?” and Brown said, “I won’t answer you any more.” Witness searched Brown, and found 9s. 3d. – three two shilling pieces, a half crown and nine pennies. Witness said, “Where did you get all these pennies?” and Brown said, “I got them as change at the different hotels in paying for drinks.”
His Honor: It is a question whether the evidence you are now getting is admissable [sic], because we already have it that Brown had refused to answer the question. I don’t think the Crown ought to go any further. It is certainly not a fair thing.
Mr White: Very well, I won’t press it, your Honor.
Witness, continuing, said he saw Hangan in the presence of Rogers. Hangan said he went to the Denver City Hotel at 7 o’clock, but had left before 10 o’clock, when he went for a walk down the road. Hangan said he had seen Rogers near the urinal at the Denver City Hotel. He admitted having changed hats with Rogers, but in answer to a question denied having interfered with Rogers in any way. Witness searched Hangan, and found 6s which Hangan said his mother had given him. Lindell was then questioned, and he said he went to the Denver City Hotel at half-past 9, and before 10 o’clock went to Nenke’s and Biggs’ and back again. Accused said he had seen Rogers at the Denver City, and had had several drinks with him, but denied having interfered with Rogers in any way. Lindell, when searched, had 5s. 1d., consisting of two two shilling pieces, one sixpence, three-pence, and four pennies. Lindell said he got the money from a friend of his from outback. Witness next saw Fox, and he said he had been at the Denver City Hotel on and off all day. Fox wanted to know what the charge was, and witness said “Assault and robbery,” and Fox said, “Now I will answer you.” Fox said he had visited the urinal a couple of times during the night, but denied having interfered with Rogers in any way. Rogers said, “He did not do anything to me,” and witness told him to remain quiet, as he would do all the questioning. Rogers told Fox he did not interfere with him, but said he was there. Fox had no money when searched. Witness had known Brown, Hangan, Lindell and Fox for some time, and had seen them together at different times. The accused had been together for fully six months previous to the proceedings in the Lower Court. Witness formally charged the accused together with assaulting and robbing John Rogers after he had questioned them singly, and they had made no reply. Rogers was sober when he went to the Police Station.
By Accused Brown: Rogers was not excited at the Police Station. Accused went quietly when arrested, and they were more or less under the influence of drink.
By Mr Hall: There were no pennies found on Hangan, and Hangan had admitted taking Rogers’ hat.
By His Honor: It was 20 minutes before witness went to the Denver City after Rogers had complained.
Dr JF Bartley, Government Medical Officer, said on September 25 he had seen Rogers at the Police Station, and examined him. There was a slight swelling under the right eye, which could have been caused by a slight blow of the fist.
By Accused Brown: The blow would not have been heavy enough to stagger Rogers. The swelling could have been caused by a slight impact with any object.
By Mr Hall: Rogers was excited, but not under the influence of drink.
This closed the case for the Crown.
Mr Hall submitted the Crown had not made out a case against Hangan at all, and asked that he be acquitted. Hangan was concealed from the urinal, and the evidence did not connect him with the assault and robbery in any way.
His Honor: It is a matter for the jury, and the same thing applies to Fox. I don’t feel disposed to take it out of the hands of the jury. I will reserve the point if you desire, and will do so also in the case of Fox.
Mr Hall then asked to have the point reserved in the case of Hangan.
His Honor: I will do that in Hangan’s case, and also in the case of Fox, who is undefended.
Image: NSW State Library collection. Reproduction: Peter de Waal
Accused [Henry] Brown made the following statement:– “On 25th September I met Rogers in front of Henderson’s hotel in Argent Street, where we had three drinks. We then went to the Australian Club Hotel, where we had another drink, and then proceeded to the Denver City Hotel, where we had one or two more drinks. I did not leave the hotel to go out to the back premises at all, and did not go out of the front door. The first I knew that a robbery had been committed was when Constable Atkinson came to the hotel. I had previously been working at Netley Station, and having money, we had been drinking a good deal that day.”
Accused [Frederick] Lindell said: “On the night of September 25 I was in front of Henderson’s Hotel, when Rogers came along, and said “Can you do a drink?” and he and I then went into the hotel and had a drink. While in the hotel we had a conversation, and I told Rogers I was not working. Rogers said “Have you got any money?” I replied “No, I am stiff.” Rogers then gave me 9d. and four pennies. We then sat down on a form and while there two men came in, one whom I know as ‘Tommy,” and we had another drink with them. “Tommy” also gave me 4s. out of the change of half a soverign [sic] he had tendered for drinks. We then went to the Denver City Hotel and I went outside to the urinal, but did not see Brown or Rogers there. I saw Fox and Hangan in the yard, and asked someone who was in the urinal for a cigarette. When I came back I went into the saloon bar and stopped there until I was arrested.”
Accused [Thomas] Hangan made the following statement:—“I am not guilty. I went from Henderson’s to the Australian Club Hotel, where we had a drink, and further along the street I changed hats with Rogers, and we again changed at the Denver City Hotel. I was on friendly terms with Rogers, had no occasion to interfere with him and did not interfere with him.”
Accused [Sydney] Fox stated:—“I feel my position very keenly having to stand on such a charge as this. I know nothing about it. I remembered seeing Rogers in the back yard but I can’t know anything about it, because I had no money on me; and another thing, I was too drunk to know anything about it.”
William D Barnett, secretary of the AMA, said he remembered Brown coming into the AMA office and paying some money in on Monday, September 25. Witness did not remember what change he gave Brown. Witness remembered giving Brown a note to start work at Umberumberka.
The accused had no evidence to call, and after each had briefly addressed the jury.
Mr Hall contended that there was absolutely no evidence to connect Hangan, on whose behalf he appeared, with the assault and robbery. They had to be satisfied that Hangan was one of the party which had followed Rogers out to the urinal. The Crown had suggested that Hangan was keeping watch, and he would ask them as men of commonsense to arrive at the conclusion that Hangan was not in any way connected with the assault and robbery.
His Honor, in summing up, said:—“If you believe the evidence of Rogers you must arrive at the conclusion that Brown and Lindell, who seem to take an active part in this assault and robbery, should be convicted; but as regards the whole four if you are of opinion that these four men met Rogers and between the time they met him and the time this assault and robbery or an attempted assault was committed they had either by signs or by bringing themselves together made up to assault and rob Rogers then there is sufficient evidence for you to convict all of them. If you have any reasonable doubt in the matter then you ought to acquit as many of them as you have that doubt about. You may convict them with an assault with attempt to rob, and further, if you think the money was taken without violence you can find them guilty of simple larceny. Rogers’ story is uncorroborated, but there is nothing remarkable about that. The evidence against Brown and Lindell is different to that against Fox and Hangan. If you believe Rogers’ evidence you must come to a conclusion that Brown and Lindell took an active part in the robbery; but you must be satisfied that Hangan and Fox knew what was going on inside the water closet before you can convict.
The jury then retired to consider their verdict, and an adjournment was made for lunch.
At 2.35 pm the jury returned to court and the foreman (Mr AH Middleton) announced that they had agreed that Brown and Lindell were guilty and that Hangan and Fox were not guilty.
His Honor then discharged Hangan and Fox, but did not pass sentence on Brown and Lindell, pending the hearing of a second charge against them.
~ ~ ~ ~ ~
Barrier Miner, Tue 5 Dec 1911 9
QUARTER SESSIONS.
———◦———
THIS AFTERNOON'S SITTING.
———
The sittings of the Quarter Sessions presided over by Judge Gibson, were continued this afternoon at the Court House.
———
ALLEGED ASSAULT AND ROBBERY.
———
THE JURY'S VERDICT.
At about 2.35 pm the jury returned to Court and announced that it had found Henry Brown and Frederick Lindell guilty of the charges brought against them, and Thomas Hangan and Sydney Fox not guilty.
Hangan and Fox were then discharged, and the others remanded for sentence.
~ ~ ~ ~ ~
Barrier Miner, Wed 6 Dec 1911 10
QUARTER SESSIONS.
———◦———
YESTERDAY'S SITTINGS.
———
…
A CHARGE WITHDRAWN.
The Crown Prosecutor, in answer to his Honor, said that he did not intend to go on with the charge against Henry Brown, of having committed an unnatural offence, and Frederick Lindell for having aided and abetted in such offence.
———
TO-DAY’S SITTINGS.
———
PRISONER SENTENCED.
———
The sittings of the Quarter Sessions, presided over by Judge Gibson, were resumed this morning.
———
ASSAULT AND ROBBERY.
———
SENTENCE OF FIVE YEARS.
Henry Brown and Frederick Lindell found guilty of having sasaulted [sic] and robbed John Rogers in a yard at the rear of the Denver City Hotel on September 25 last, were each sentenced to five years’ penal servitude.
In sentencing the accused, his Honor said that it was one of the most filthy and worst cases he had ever heard. The accused were liable to imprisonment for 10 years’ penal servitude, but on account of their youth he would make the sentence five years’ penal servitude.
~ ~ ~ ~ ~
The Advertiser, Thu 7 Dec 1911 11
PENAL SERVITUDE.
———
TWO MEN SENTENCED.
Broken Hill, December 6.
The sittings of the Quarter Sessions , presided over by Judge Gibson, were resumed this morning. Henry Brown and Frederick Lindell, found guilty of having assaulted and robbed John Rogers in a yard at the rear of the Denver City Hotel on September 25 last. Were each sentenced to five years’ penal servitude. In sentencing the accused his Honor said it was one of the most filthy cases he had ever heard. The accused were liable to ten years penal servitude, but on account of their youth he would make the sentence five years’ penal servitude.
~ ~ ~ ~ ~
Barrier Daily Truth, Thu 7 Defence 1911 12
THE QUARTER SESSIONS.
———
YESTERDAY'S PROCEEDINGS.
———
His Honor Judge Gibson presided over the sitting of the Court of Criminal Sessions continued at the Court House yesterday morning.
…
ASSAULT AND ROBBERY.
———
BroBROWN ABD LINDELL EACH SENTENCED TO FIVE YEARS.
———
Henry Brown and Frederick Lindell, found guilty on Monday of Assault and robbery from John Rogers, came up for sentence.
His Honor: This is one of the most abominable cases I have ever tried. I could not believe that such a state of things could exist. You have made yourselves liable to a sentence of ten years’ penal servitude. I am going to take into consideration the fact of your youth. Brown, you will serve a term of five years’ penal servitude, and Lindell, you will also serve a term of five years’ penal servitude. Let the prisoners be removed. I order the money found on the prisoners to be returned to the prosecutor.
~ ~ ~ ~ ~
Henry Brown, Gaol photo sheet 13
![SRNSW: NRS2138, [3/6078], Darlinghurst Gaol photographic description book, 1911-1912, No. 12123, p. 75, R5115.](../../images/trials/1911-Brown-6078-gaol-photo-12123-Henry-Brown.jpg "SRNSW: NRS2138, [3/6078], Darlinghurst Gaol photographic description book, 1911-1912, No. 12123, p. 75, R5115.") |
Gaol Photo Sheet - Transcribed Details
No. 12123
Date when Portrait was taken: 3-1-1912
Name: Henry Brown
|
Native place: Menindie, NSW Year of birth: 7-10-1888 Arrived Ship: Trade or occupation Religion: RC Education, degree of: R and W Height: 5' 8¼" Weight On committal: 164 Colour of hair: Dark brown Colour of eyes: Brown |
Marks or special features: “LT” under a dot on left forearm Hear, and arrow on right forearm, scar on left temple, scar on right shin |
|
(No. of previous Portrait ... ) CONVICTIONS Convicted with Frederick Linden |
|||||
| Where and When | Offence. | Sentence | |||
|
Broken Hill PC ditto Broken Hill Q.S |
10 29 4 |
2 5 12 |
1911 1911 1911 |
Indecent language Riotous behaviour Assault & robbery in company |
46/- or 21 days THE LAD. 20/- or 14 days H.L 5 years P.S. |
~ ~ ~ ~ ~
Frederick Lindell, Gaol photo sheet 14
![SRNSW: NRS1998, [3/5964], Bathurst Gaol photographic description book, 1874-1930, No. 1973, p. 58, R5087.](../../images/trials/1911-Brown-5964-gaol-photo-1973-Frederick-Lindell.jpg "SRNSW: NRS1998, [3/5964], Bathurst Gaol photographic description book, 1874-1930, No. 1973, p. 58, R5087.") |
Gaol Photo Sheet - Transcribed Details
No. 1973
Bathurst
Date when Portrait was taken:
Name: Frederick Lindell
(aka Frederick Jones)
|
Native place: Victoria Year of birth: 4-3-1885 Arrived Ship: – Trade or occupation Religion: C of Eng Education, degree of: R & W Height: 5' 7" Weight On committal: 154 Colour of hair: Brown Colour of eyes: Grey |
Marks or special features: Four teeth missing front upper jaw. |
|
(No. of previous Portrait ... ) CONVICTIONS |
|||||
| Where and When | Offence. | Sentence | |||
|
Broken Hill PC Broken Hill Q.S |
18 4 |
4 12 |
1911 1911 |
Drunk Assault & robbery in company |
10/- or 7 days H.L. 5 years P.S. |
1 Barrier Miner, Wed 7 Sep 1910, p. 8. Emphasis added.
2 The Advertiser, Thu 8 Sep 1910, p. 10. Emphasis added.
3 Barrier Miner, Wed 19 Apr 1911, p. 4.
4 Barrier Miner, Wed 27 Sep 1911, p. 8. Emphasis added.
5 Barrier Miner, Fri 1 Dec 1911, p. 8. Emphasis added.
6 Barrier Miner, Mon 4 Dec 1911, p. 4. Emphasis added.
7 The Advertiser, Thu 8 Sep 1910, p. 10. Emphasis added.
8 Barrier Daily Truth, Tue 5 Dec 1911, pp. 2, 3. Emphasis added.
9 Barrier Miner, Tue 5 Dec 1911, p. 4.
10 Barrier Miner, Wed 6 Dec 1911, p. 4.
11 The Advertiser, Thu 7 Dec 1911, p. 10.
12 Barrier Daily Truth, Thu 7 Dec 1911, p. 2.
13 SRNSW: NRS2138, [3/6078], Darlinghurst Gaol photographic description book, 1911-1912, No. 12123, p. 75, R5115.
14 SRNSW: NRS1998, [3/5964], Bathurst Gaol photographic description book, 1874-1930, No. 1973, p. 58, R5087.