Clarence and Richmond Examiner, Sat 11 Feb 1911 1
POLICE COURTS.
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GRAFTON.
Yesterday, before Mr MH Cleeve.
John Robertson was charged with attempting to criminally assault an adult male on Thursday evening. He was remanded until the 20th.
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Clarence and Richmond Examiner, Tue 21 Feb 1911 2
POLICE COURTS.
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GRAFTON.
…
Yesterday, before the PM.
John Robertson, on remand, was charged with an alleged attempt to commit an indecent assault upon Clarence Shore. Sergeant Swan prosecuted.
Evidence as to the nature of the offence was given by the police, Edgar Maxwell, and Clarence Shore.
Accused reserved his defence, and asked for legal aid at his trial.
The PM said the necessary steps would be taken to reserve counsel for his defence.
Accused was then committed for trial at the next Court of Sessions to be held in Grafton.
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The Grafton Argus, Fri 3 Mar 1911 3
GRAFTON QUARTER SESSIONS.
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Friday, March 3, 1911.
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The Quarter Sessions opened this morning at Grafton Court House, Acting Judge Edmunds presiding. Mr AJ Piesley, PM, occupied a seat on the Bench. His Honor read his commission, and duly took the oath to faithfully adjudicate. Mr RJ Browning, of Sydney, acted as Crown Prosecutor. The legal profession was represented by Messrs James Young and PK Beattie (barristers, of Sydney), and F McGuren, RC Law, AJ Pollack, R Dobie Bawden, and DJ Lobban (solicitors, Grafton).
An affidavit from CC McDonald was put in, and he was excused from jury attendance. James Orr was fined £2 for non-attendance, His Honor stating that if a reasonable excuse were given during the morning he would remit the fine.
Mr MH Cleeve, Clerk of Arraigns, called over, preliminarily, the list of jurymen summoned, and all but two answered. Inspector [Augustus Abraham] Hojel was in charge of the police, and Chief Warder Sinclair represented the Governor of the gaol. The Sheriff’s Officer was also in attendance.
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Clarence and Richmond Examiner, Sat 4 Mar 1911 4
GRAFTON QUARTER SESSIONS.
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THIS Court was opened yesterday before His Honor Acting Judge Edmunds. Mr RC Browning acted as Crown Prosecutor, and the other members of the bar present were Messrs Young and Beattie. The local solicitors were also in attendance.
…
John Robertson was charged with an alleged attempt to commit an indecent assault on Clarence Shore.
The accused pleaded not guilty, and was defended by Mr RD Bawden.
Jury: G Campbell, F Mann, J Lee, A Payne, D Carlton, G Bender, W Boorman, W Ford, J McLauchlan, W White, H Bailey, and H Crisford.
Evidence as to the nature of the offence was given by Sergeant Swan, Constable [John Raphael] Lohan, Clarence Shore, and EF Maxted.
During the hearing of the case the Court adjourned to allow the jury to inspect the room where the alleged offence took place.
On resuming the accused made a statement to the effect that he had been in the district for 27 years; had worked for most of the people of Grafton, also up and down the river at house painting; also worked for the Government ferries, and for the Education Department and at public schools. I have had no stain on my character before, and trusted Clarence Shore with my private correspondence. Having known him for the last 11 or 12 years, have always respected him for his kindness to me, knowing I had no relations and friends here. I absolutely deny that apart from expressing my gratitude to him, that I had any other intention.
Mr Bawden made a forcible address to the jury on behalf of the prisoner. Mr Browning also addressed the jury.
After the Judge summed up, the jury retired to consider their verdict.
At 6.25 pm the jury returned into Court and asked two questions regarding Shore’s evidence.
His Honor, briefly read over Shore’s evidence bearing on the questions asked.
At 8.25 pm the jury returned into Court, and gave a verdict of guilty.
His Honor said he would defer passing sentence until to-day.
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Northern Star, Sat 4 Mar 1911 5
TELEGRAPHIC NEWS.
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GRAFTON QUARTER SESSIONS.
Grafton, Friday.
The Quarter Sessions opened to-day before Acting-Judge Edmunds.
…
John Robertson, charged with assault with intent to commit an unnatural offence, was found guilty and remanded for sentence.
There is only one other case.
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The Grafton Argus, Mon 6 Mar 1911 6
GRAFTON QUARTER SESSIONS.
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Friday, March 3, 1911.
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ALLEGED INDECENT ASSAULT.
John Robertson, 50, a painter was charged with having committed an indecent assault upon Clarence Shore , [20], at Grafton on February 9. Accused pleaded not guilty.
Mr R Dobie Bawden was assigned as Counsel for accused under the Poor Prisoners Defence Act .
The following jury were empanelled: Daniel Carlton, (foreman), George Campbell, FWC Mann, James Lee, AE Payne, George Bender, Walter Boorman, William Ford, JH McLachlan, H Bailey, H Grisford, and W Wallace. Mr Bawden challenged one witness.
His Honor ordered several youths from the court.
Evidence for the prosecution was given by Sergt Swan, Const [John Raphael] Lohan, Edgar F Maxted, and Clarence Shore . From this it would appear that the Sergt had had the accused under observation for a week, and on the day in question had seen him go into the shop of the British Piano Depot, Prince Street. With Const Loban he concealed himself in a room behind that in which accused and Shore were. From what he heard he went into the room where the two were and arrested accused; his reply to the charge was “Oh, you can only gaol me;” subsequently accused asked Shore not to charge him with “that horrible crime”. Shore’s reply was that the matter was now in the hands of the police.
In reply to a question by Mr Bawden, Sergt Swan said accused was under the influence of liquor at the time.
Const Loban’s evidence was that he saw through a knothole in the door the committal of the offence.
At Mr Bawden’s request witness drew a sketch of the position of the rooms mentioned and of the situation of the two men and the police.
Witness Shore admitted in cross-examination that he had letters and photographs of accused’s now in his possession; he had promised accused previously that he would look after him and try to keep him straight; it would be possible for persons in the adjoining yard to see portion of the room through the shutter window.
In reply to the Foreman witness said accused had never previously attempted anything of the kind.
The jury then asked to be allowed to inspect the premises, and were escorted there by the Sheriff’s Officer and Senior Sergeant Andrews.
On the jury’s return, Mr Bawden announced that accused would make a statement..
[John Robert] Robertson the said: “I have been on this river for twenty seven years and in and about Grafton. I have worked for most of the principal people up and down this river at house-painting; also I have worked for the Government on the ferries and for the Educational Department at the public schools. I have never had a stain on my character, and those for whom I have worked have trusted me implicitly. Clarrie Shore has also been a friend to me and I have trusted him: he has written to me several letters without my dictating them, and he has read them over to me, and I have said, “Yes, that’s all right; I am much obliged to you.” I have known Clarrie Shore for eleven or twelve years in Grafton, and have always respected him because he was kind to me, who have interfered a little too early, but that action was taken to prevent a more outrageous and disgusting offence being committed, and it was necessary to protect the public. The evidence of the police and Shore was, in the main, uncontradicted.
His Honor summed up strongly against the accused, commenting in caustic terms on the evidence given.
The jury retired to consider their verdict at 5.35, and at 6.25 pm returned to ask two questions of His Honor about Shore’s evidence. At 8.25 the jury came in with a verdict of guilty, and His Honor announced that he would defer passing sentence till next day.
Robertson was brought up on Saturday morning for sentence, and in response to invitation made a broken appeal for leniency. His Honor said the jury had no doubt given weight to accused’s statement from the dock, but the whole surroundings of the case and the conversation had also been considered. Acting on impulse, one might be inclined to give a severe sentence in order that the trend of passion might be corrected, and sufficient time given for accused to control his actions. He (His Honor) turned away from the bad aspects of the case, in considering it, in order to find any alleviating circumstances, and found that, although accused had stated what was absolutely untrue the previous night, and repeated it again that morning, he had not gone into the box and sworn to that effect; neither had he alleged that the witness had sworn falsely; and that fact the Court must also take into favourable consideration; that attitude, together with the previous good character, would mean a reduction in sentence. Not that the Court wished the “good conduct” to be taken in the sense that there was no evidence that similar offences had been committed before by accused – that this was his first – but that there was no record against him. Still, the punishment must be severe, and such time for reflection must be given accused to think over the first course of his passions. His Honor hoped accused would reform; he was not an old man yet, and there was still time for such reformation. The sentence of the Court was two years’ hard labor in Grafton Gaol.
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Northern Star, Mon 6 Mar 1911 7
TELEGRAPHIC NEWS.
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GRAFTON QUARTER SESSIONS.
Grafton, Saturday.
The Quarter Sessions concluded to-day. John Robertson, charged with assault with intent to commit an unnatural offence, was sentenced to two years’ hard labor.
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Clarence and Richmond Examiner, Tue 7 Mar 1911 8
GRAFTON QUARTER SESSIONS.
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THIS Court continued its sittings on Saturday morning before his Honor Acting Judge Edmunds.
James Orr, who was fined 40s on Friday for non-attendance as a juror, had his fine remitted.
An affidavit was handed his Honor stating that he had a special contract to perform at Coff’s Harbour, and in consequence was unable to attend.
His Honor: The explanation is satisfactory, and the juror is excused.
John Robertson, who was found guilty of assault with intent on Friday, and remanded for sentence, came up before his Honor on Saturday.
His Honor: You have been found guilty of the crime you were charged with; have you anything to say why sentence should not be passed.
The Prisoner: It was purely an accident. I had no intention whatever of committing any offence. If any offence was committed, it was done under the influence of drink. I have always borne a good character in this district, and I would earnestly ask your Worship to take that into account and deal with me as leniently as possible.
His Honor: You have been found guilty of a most serious offence, and it is my duty to rid the community for a time of such men as you. I will take into consideration your previous good character, and the fact that nothing else has been brought against you, but at the same time I must pass such a sentence that will be best for yourself, so that you will have time to ponder and repent over the past. His Honor then sentenced him to two years in Grafton gaol with hard labour.
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John Robertson, Gaol photo sheet 9
![SRNSW: NRS2258, [3/5994], Grafton Gaol photographic description book, Jun 1910-Nov 1922, No. 205, p. 10, R5125.](../../images/trials/1911-Robertson-5994-gaol-photo-205.jpg "SRNSW: NRS2258, [3/5994], Grafton Gaol photographic description book, Jun 1910-Nov 1922, No. 205, p. 10, R5125.") |
Gaol Photo Sheet - Transcribed Details
No. 205
Grafton
Date when Portrait was taken: 25 April 1911
Name: John Robertson
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Native place: England Year of birth: 17-7-1861 Arrived Ship: Gauntlet Trade or occupation Religion: C of E Education, degree of: R & W Height: 5' 7" Weight On committal: 129 Colour of hair: Brown Colour of eyes: Blue |
Marks or special features: Right finger tip amputated 3 vaccine marks on left arm. Finger nail missing from left middle finger |
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(No. of previous Portrait ... ) CONVICTIONS |
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| Where and When | Offence. | Sentence | |||
|
Grafton Q.S |
3 |
3 |
1911 |
Indecent assault on a male person |
2 years HL |
1 Clarence and Richmond Examiner, Sat 11 Feb 1911, p. 2,
2 Clarence and Richmond Examiner, Tue 21 Feb 1911, p. 4,
3 The Grafton Argus, Fri 3 Mar 1911, p. 5,
4 Clarence and Richmond Examiner, Sat 4 Mar 1911, p. 4,
5 Northern Star (Lismore, NSW), Sat 4 Mar 1911, p. 9,
6 The Grafton Argus, Mon 6 Mar 1911, p. 2. Emphasis added.
7 Northern Star (Lismore, NSW), Mon 6 Mar 1911, p. 3.
8 Clarence and Richmond Examiner, Tue 7 Mar 1911, p. 4. Emphasis added.
9 SRNSW: NRS2258, [3/5994], Grafton Gaol photographic description book, Jun 1910-Nov 1922, No. 205, p. 10, R5125.