Nepean Times, Sat 10 Dec 1910 ¹

PENRITH POLICE COURT
————
Monday.
Before Mr TB Clegg, PM.

…

CAPITAL OFFENCE.

    Albert Johnson, for whom Mr Bruce Walker appeared, was charged with a capital offence at Emu Plains on 29th November.

    After the evidence of Constable McLean and Andrews for the prosecution, and the accused, his mother and brother for the defence, and a visit to the locality, accused was committed for trial at the Parramatta Quarter Sessions; bail being allowed—accused £80, two sureties of £40 each.

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The Cumberland Argus and Fruitgrowers’ Advocate, Wed 25 Jan 1911 ²

PARRAMATTA QUARTER SESSIONS.
———◦———
Monday, January 23.
———
(Before His Honor Judge Docker.)
———

    Mr C White was Crown Prosecutor; Mr LM White was Deputy Clerk of the Peace, and Mr DD Henderson, JP, was Deputy Sheriff.

———
EXCUSED.

    Messrs Leslie Wickham, JW Lees, CAB Champion, and Jos Knox, were, for different reasons, excused from attendance as jurors. Mr Thos Wheatley, another juror summoned, did not appear.
…

SERIOUS CHARGE.

    Albert Johnson was charged with a serious offence, [bestiality], at Emu Plains, on November 29. Mr Walker for the accused.

    A man named Andrews was the chief witness, and was under cross-examination.

    The witness: Your Honor, I have some recommendations of character.

    Mr C White, (Crown Prosecutor): Oh, your character is not in question. It is not impugned by Mr Walker.

    Albert Johnson, the accused, deposed that he was 18 years of age. Had been working at that work for four years. There was a dispute between Andrews and witness and others about some boulders. Andrews said that he would take witness’s brother to Court, and that he would punch him on the nose. Gave evidence in a case against Andrews, who had called a deaf cove everything. The deaf cove had summoned Andrews for “inflammation of character.” (Laughter.) Had not been friendly with Andrews for years. Did not commit the offence complained of. The case to which witness had referred (when Andrews was charged at the Police Court, and witness gave evidence against him) was dismissed.

    Frank Johnson, brother of A[lbert] Johnson, the accused, deposed that some weeks ago he was getting some material out of the river bed. Andrews threatened to punch witness on the nose if he “did not get out of there.” Then Andrews threatened legal proceedings.

    His Honor intimated that such evidence did not seem to have great value. Unless a serious charge was made against the present witness, that sort of evidence did not seem to be material. The accused’s grandfather and uncles might be called with equal force.

    Mr Walker said that certainly he had intended to call more witnesses belonging to the family. They might show ill-feeling.

    The witness admitted that he had worked under Andrews. He stated in the Penrith Court that he did not think that he had had rows with Andrews sufficient to cause the latter to bring a serious charge against accused.

    A witness, Thomas Roberts, deposed that he had two or three pints of beer; after that he three or four glasses.

    His Honor: Where did you put it all?

    Witness: Inside. (Laughter.) Do you think a man can’t drink a gallon?

    Mr C White: Were you drinking hard all the time you were at the hotel?

    Witness: Not as fast as they could draw it. (Laughter.)

    Mr Walker addressed the jury. He expressed the idea that men like those whom he was addressing would not proceed at law if they saw a boy committing an act such as that with which the lad Johnson was charged, but they would administer to the lad a sound thrashing.

    Mr White (Crown Prosecutor) pointed out that though the case was one in which there was only one witness, against the accused (who denied the offence) it had to be remembered that that sort of thing was very often to be remarked upon in cases of that kind, for offences of the kind were, in the main, secret offences, and rarely were they witnessed by numbers of persons at the same time.

    At 4.30 His Honor summed up.
The Judge pointed out that the three points in the defence as set out by Mr Walker were a sort of alibi to show that Andrews was drinking at the Emu Plains Hotel till 5.30 or thereabouts, and could not have been where he said he was at the time that he said the offence took place. That “alibi” was proved to be valueless by the accused, who swore that he was crossing the river near the island at a time when he could see Andrews (or someone he took to be Andrews) crossing the river on the other side of the island—the place at which the Crown said the offence was committed. The suggestions as to insanity influencing Andrews’ action, or to malice influencing him, were not much stronger than the suggestion that McCann and McRoberts were correct in their statements that at 5.30 on the evening of November 29 they were drinking with Andrews. It was for the jury to say if there was really any reasonable doubt as to the young man Johnson’s guilt.

    The jury at 5 pm retired.

    Mr W Moxham was relieved from attendance on Tuesday and Wednesday.

    At 5.15 the jury came in with a verdict of guilty of attempting to commit the offence charged. A recommendation to mercy on account of the prisoner’s youth was added, to which recommendation his Honor said he would be glad to give all consideration possible.

    Johnson was remanded for sentence.

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The Cumberland Argus and Fruitgrowers’ Advocate, Sat 28 Jan 1911 ³

PARRAMATTA QUARTER SESSIONS.
———◦———
Tuesday, January 24.
———
(Before His Honor Judge Docker.)
———

…

Wednesday, January 25.
———
SENTENCES.

…

TTHE EMU PLAINS CASE.

    The young man, Albert Johnson, for attempting an unnatural offence, was called up for sentence.

    The young man said, “I would like to say that I am perfectly innocent.”

    Mr Walker handed up a number of letters of good character in Johnson’s favor.

    Constable McLean stated that he had known Johnson for over 10 years. The lad had been a quiet, hard-working, well-conducted boy. He was one of the best conducted lads in the district, though not one of the brightest boys.

    Mr Litton, manager of the Emu Plains Blue Metal and Gravel Co, said that he had known Johnson for years. He was a quiet, inoffensive young man.

    Mr Masters, storekeeper, justice of the peace, and alderman stated that Johnson was a quiet, well behaved, and unassuming boy, though not a brilliant boy.

    Mr Walker asked for the extension of First Offenders provisions of the Act.

    His Honor declined to apply those provisions. If people wished to have the provisions of the Act extended, they must adopt a different course in each case to that taken by Johnson.

    His Honor said that the jury, by convicting, had taken the propers course. And Johnson had committed perjury, evidently, in the opinion of the jury. How, then, could the prisoner ask to be released on the ground that he was repentant, and would not offend again. Reputation was no evidence of a person not having committed certain acts. Johnson was just under 20 years of age. What religious training or instruction in matters of morality he had had, the Court did not know. But his comparative want of intelligence and other things were being taken into consideration. He would be sentenced to six months’ imprisonment in Grafton Gaol, and it was to be hoped that his punishment would be a life-long lesson to him.

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Albert Johnson, Gaol photo sheet ⁴

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Gaol Photo Sheet - Transcribed Details

No. 1155
Parramatta

Date when Portrait was taken: 7-2-1911

Name: Albert Johnson

Native place: BS Cranbrook Year of birth: 20-8-1892 Arrived       Ship: – in Colony }   Year: – Trade or occupation previous to conviction  } Laborer Religion: R. C. Education, degree of: R & W Height: 5' 3" Weight     On committal: 121 in lbs     } On discharge: Colour of hair: Black Colour of eyes: Brown

Marks or special features: Several moles on neck & between shoulders 2 moles right arm Minus one tooth front of lower jaw

(No. of previous Portrait ... )  CONVICTIONS
Where and When				Offence.	Sentence
Parramatta Q.S	23	1	1911	Attempted Bestiality	6 months H.L.

 

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¹     Nepean Times, (Penrith, NSW), Sat 10 Dec 1910, p. 8.

²     The Cumberland Argus and Fruitgrowers’ Advocate (Parramatta), Wed 25 Jan 1911, p. 2. Emphasis added.

³     The Cumberland Argus and Fruitgrowers’ Advocate (Parramatta), Sat 28 Jan 1911, p. 11. Emphasis added.

⁴     SRNSW: NRS2397, [3/6012], Parramatta photographic description book, 1909-1914, No. 1155, p. 78, R5138.

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