Depositions for Samuel Cameron 25 Sep 1913 Deniliquin trial 1
(a) Town. |
Letter from Bench of Magistrates at (a) Wentworth |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Rex v. (b) Samuel Cameron |
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(c) Offence. |
(c) Indecent assault on a male person |
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(d) Town. |
Petty Sessions Office, (d) Wentworth |
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12th August. 1913 |
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Sir, |
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(e) Name of accused |
case of (e) Samuel Cameron |
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(f) “His” or “her” |
who has been committed to take (f) his |
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(g) “Circuit Court,” or |
trial at the (g) next Quarter Sessions |
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to be held at (h) Maitland |
on ----- |
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(h) Town where Court |
the ----- or at such other Court, to be holden at such place and time as the Attorney General may appoint. |
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The accused is (i) confined in the Gaol at Wentworth. |
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(i) “Is confined in the |
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(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) Arthur James Mckenzie Fargie, Medical Practitioner, Cathcart James Chalmers Hullick, Police Constable, Roy Gorman, aged six years, Nellie Gorman, aged nine years, Arthur William Gorman, Grocer, and Elizabeth Ann Gorman, wife of Arthur William Gorman all of Wentworth
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(l) Short description to enable identification. |
The Exhibits enclosed are (l) "Nil" |
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I have the honor to be, |
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[Signed] C[larence] A[rthur] Arnold |
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Clerk of Petty Sessions |
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The Under Secretary, |
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N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates |
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4g 201-90 |
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[Subpoena] 2
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: Roy Gorman, Nellie Gorman, Arthur William Gorman, Elizabeth Ann Gorman, Senior Constable Hullick, all of Wentworth
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 Thursday the twenty fifth day of September 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 Deniliquin
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
Samuel Cameron
in a case of Indecent assault on a male person
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 Sir William Portus Cullen, Knight KCMG, Chief Justice of Our said Court, at Sydney, this twenty first day of August in the fourth year of Our Reign, and in the year of Our Lord one thousand nine hundred and thirteen
MJ [Michael Joseph] Dunphy
For the Prothonotary
Clerk of the Supreme Court.
(Signed)
Crown Solicitor.
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Police Station, Wentworth
27th August 1913.
WR Beaver Esquire, Clerk of the Peace, Sydney.
Sergeant Clark is respectfully returning herewith original notice to accused Samuel Cameron, and original subpoenas Roy, Nellie, Arthur Williams and Elizabeth Ann Gorman, also Senior Constable Hullick, Wentworth, endorsed with affidavit of service.
As accused is in gaol here, unable to obtain bail, it will be necessary for Senior Constable Hullick to escort him to Deniliquin by coach, through New South Wales territory. The other witnesses will travel by train through Victoria, which is the cheapest route.
[Signed] JMcA Clark, Sergeant.
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[Notice of trial]
The Supreme Court of New South Wales
Criminal Jurisdiction }
THE KING King against Samuel Cameron
TAKE NOTICE Notice, that at the Supreme Court, to be holden at the Court House in Deniliquin in the State of New South Wales, on Thursday the twenty fifth day of September next, at ten of the clock in the forenoon of the same day, an Indictment will be then and there filed on behalf of Our Sovereign Lord the King against you, on a charge of Indecent assault on a male person.
And that you will on that day, or on a subsequent day, during the said sittings of the Court, be called upon to plead to the said Indictment, and take your trial upon the said charge.
Dated this 21st day of August in the year of our Lord one thousand nine hundred and thirteen.
[Signed] W[illiam] R[ichard] Beaver
for Crown Solicitor
To Samuel Cameron
Wentworth Gaol
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NEW SOUTH WALES POLICE.
South Western District,
Wentworth Station.
11th August 1913.
Report relative to antecedents of:–
Name: Samuel Cameron
Offence: Indecent assault upon a male person
Committed for trial at: Wentworth Quarter Sessions, or such time and place the Hon the Attorney General may appoint.
Date: Not yet fixed.
3 Sergeant Clark reports:– Accused is a stranger at Wentworth. He arrived here about four weeks ago per steamer Tolarno working as a deck hand, from Menindie and previously Broken Hill.
Nothing whatever is known to Wentworth Police of accused. He states he has been only eighteen months in the Commonwealth, travelling from place to place during that period.
Description:– 44 years of age, 5 feet 4½ inches high, stout build, dark hair, moustache, and complexion. Dressed in a black sac suit, black, lace-up boots, grey cloth cap. A Scotchman, a sailor and labourer.
[Signed] JMcA Clark, Sergeant.
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According to the approval of the Minister, the attendance of Dr Fargie has been dispensed with as his evidence is of a very negative character.
Mr Windeyer of Deniliquin, who has been assigned for the defence has been informed, that if he wishes he can put depositions in at the trial.
Clerk of the Peace, 9/9/1913.
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Police Charge, No. 67
Court of Petty Sessions Children’s Court, Wentworth.
7th August, 1913.
Samuel Cameron (44), sailor, Scotland, C.E., 2.
That he did at Wentworth on the sixth fifth day of August, 1913, indecently assault one Roy Gorman, a male person, of the age of 6 years.
Plea:– Police ask for a remand till Monday next the 11th instant for production of evidence.
Accused is remanded till Monday the 11th instant. Bail allowed accused in £80 with two sureties in £40 each or one in £80.
[Signed] HH MacDougall, PM.
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Depositions of Witnesses.
New South Wales, Wentworth
TO WIT. }
The examination of Arthur James McKenzie Fargie of Wentworth in the State of New South Wales, Medical Practitioner, Cathcart James Chalmers Hullick of Wentworth aforesaid, Constable of Police, Roy Gorman, aged 6 years of Wentworth aforesaid, Nellie Gorman, aged 9 years of Wentworth aforesaid, Arthur William Gorman, of Wentworth aforesaid, grocer, and Elizabeth Ann Gorman, married woman of Wentworth in the said State, taken this 11th day of August in the year of Our Lord one thousand nine hundred and thirteen at the Wentworth Police Office, in the said State, before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of Samuel Cameron who is charged this day before me for that he the said Samuel Cameron on the 5th day of August in the year of Our Lord one thousand nine hundred and thirteen at Wentworth in the said State, did indecently assault one Roy Gorman, a male person.
1
This Deponent being duly sworn states:– My name is Arthur James McKenzie Fargie. I am a legally qualified Medical Practitioner practising at Wentworth. I know the accused as Cameron. He was employed by me recently for a period of about two weeks. He was employed by me at my house on the 5th. I saw him on that afternoon once. I was very busy. I examined the boy Roy Gorman on the morning of the 7th instant. I could find no bruises on any part of the body. There was no redness or tearing about any part of the body. There was nothing to indicate an assault of any kind. If the boy had been assaulted on in any way seriously on the 5th I would have seen traces of it on the 7th. I did not see the boy at my place on the 5th instant.
(Accused does not wish to ask any questions of the witness.)
[Signed] Arthur James McKenzie Fargie.
Taken and sworn at Wentworth this 11th day of August 1913 before.
[Signed] H[erbert] H[alkerston] MacDougall, PM.
2
This Deponent being duly sworn states:–
My name is Cathcart James Chalmers Hullick. I am a Senior Constable of Police stationed at Wentworth. About 9.30 on the 4 6th instant, from something I was told, I went to the Wentworth wharf with Constable Sheringham. I saw accused there and then arrested him and brought him to the lock up and charged him with indecently assaulting one Roy Gorman at Wentworth on the 5th instant. In answer to the charge he said “I did never see the boy at all.” When confronted with the boy he said to the boy “Speak up,” and then said “I only pulled up the boy’s socks.” The next morning he stated to me “I did not see the boy at all.” When accused told the boy to speak up the boy had said in accused’s presence “He took down my trousers and tickled me and then fastened up my trousers again.” When accused told the boy to speak up I repeated to the accused what the boy had said. It was then that the accused spoke about the stocking. The boy’s father then asked what he meant when he said that accused tickled him and the boy said “He put his hand inside my trousers.” The accused made no further answer. There was no conversation when accused was arrested at the wharf. We arrested him and brought him up and told him what he was charged with. The boy said accused “took down my trousers and put his hand inside and tickled me.”
(Accused does not wish to ask any questions of the witness.)
To the Bench: Accused was not drunk when arrested but he had been drinking and was partly under the influence of drink when arrested.
[Signed] CJC Hullick, Senior Constable.
Taken and sworn at Wentworth this 11th day of August 1913 before.
[Signed] HH MacDougall, PM.
3
Statement, taken under Section 418 [or 413 ?] of the Crimes Act, No. 40 of 1900.
Roy Gorman, 6 years of age, states as follows:– I know the accused. I saw him last Tuesday in the afternoon about 4 o’clock as I was coming home from school. I saw him at the doctor’s, Dr Fargie’s. I was on the plain at the back of the doctor’s when I saw accused first. I was by myself. Accused spoke to me. He asked me to come and give him a hand with the straw. I went and gave him a hand with the straw in the doctor’s yard. I was there a few minutes. When we had finished with the straw accused said to me that my belt was too small. He said “Come on into the closet.” We both went into the closet. He did not shut the door. Accused undid my braces in the front of my trousers. He put his hand down the front of my trousers and touched me there. He touched me in between the legs. He then told me to give him a kiss. I kissed him. He then told me to go home. He buttoned my trousers up again. I left him then and went home. I told my mother as soon as I got home. I next saw the accused at the Police Station the next night. Accused, Constable Hullick, and my father were in the room. When accused put his hand between my legs he caught hold of my “teat teat” “teaty”. My sister was not there. When he put his hand between my legs he did not do anything to his own trousers.
(Accused does not wish to ask any questions of the witness).
[Signed] Roy (his X mark) Gorman
Witness [Signed] JMcA Clark, Sergeant.
Taken at Wentworth this 11th day of August, 1913, from Roy Gorman, who is of the age of 6 years and who in my opinion does not understand the nature of an oath.
[Signed] HH MacDougall, PM.
4
This Deponent being duly sworn states:–
My name is Nellie Gorman. I am 9 years of age and reside at Wentworth. I have seen accused before at Dr Fargie’s. I saw him on Wednesday, the day my father was at Irrigation. It was Tuesday when I saw accused, about 4 o’clock when I was coming home from school. I was coming home by myself. Accused was standing near a tank burning rubbish in the doctor’s big yard. Roy, my brother, was with him. I did not hear them talking as I was some distance away. Roy was standing on one side of the tank and the accused on the other side. I went home then and did not look round.
(Accused does not wish to ask any questions of the witness.)
To the Bench: I was at the tennis courts when I saw Roy with accused.
[Signed] neg.
Taken and sworn at Wentworth this 11th day of August 1913 before,
[Signed] HH MacDougall, PM.
5
This Deponent being duly sworn states:–
My name is Arthur William Gorman. I am a grocer and reside at Wentworth. I first heard of this offence on the Tuesday night. The following day the Police spoke to me about the matter. On the Wednesday I saw the accused at the lock up. I took my son Roy to the lock up. Constable Hullick, accused, and Constable Sheringham were present at the lock up. Constable Hullick asked the boy, Roy, if the accused was the man that was at the doctor’s. Roy replied “Yes.” Constable Hullick then asked Roy if he would tell him what this man did to him. Roy hesitated and I then questioned him at the request of Constable Hullick. I said to Roy; “Where were you when this man first saw you?” Roy said; “I was going home from school a little past the doctor’s when this man called me.” I asked him what for and he replied “To help him with some straw.” I then asked Roy what happened. He said “The man said to me ‘Roy your belt is too tight, come in here and I’ll make it right.’” I asked him where he took him into the wash-house or where. He said, “No, into the closet.” Accused then said “Get the boy to speak up I can’t hear him, what am I charged with? I only pulled up his stocking.” I then asked Roy “What did the man do when he took you into the closet?” He said “He took off my belt and undid the front of my trousers and felt him me on my body.” I asked him then what happened. He said “The man did up my trousers, to go home, and not to tell my mother.” Accused did not say anything. I was at the irrigation on Tuesday last. From the tank in the doctor’s yard, where they burn rubbish, to the tennis court, would be about 400 yards.
(The witness was here asked by the Bench to go with a Constable and measure this distance by stepping it out.)
6
I have now stepped the distance from the tank in the doctor’s yard to the tennis court and I find that it is 189 yards. Senior Constable Hullick was with me when I stepped the distance.
(Accused does not wish to ask any questions of the witness.)
[Signed] Arthur W Gorman.
Taken and sworn at Wentworth this 11th day of August 1913 before.
[Signed] HH MacDougall, PM.
7
This Deponent being duly sworn states:–
My name is Elizabeth Ann Gorman. I am the wife of Arthur William Gorman and reside at Wentworth. I am the mother of Roy Gorman. I remember Tuesday last. Roy came home from school between half past 4 and 5 o’clock that afternoon. He was excited when he came into the kitchen to me. He said “When I was coming home from school I saw a man at the old tank at the doctor’s and I went across to him. The man asked me what I had in the billy can. I told him “Nothing.” Then he said “Come and help me with the chaff.” I went in to the yard where the doctor’s house is with the man and he told me my belt was too tight and asked me to come into the WC and he would fix it for me. I followed him in and he took off my belt and then undid the front of my braces. He pulled up my shirt and felt all round my body. The man caught hold of my “teaty.” Roy then said “After he did this I began to cry and he did up my buttons again, told me to kiss him.” He said he kissed the man. He then said “He told me the time. Told me to run home and not say anything to my mother about it but to come back again after I had run home and come again tomorrow.” When Roy got home he said to me “Look at how he put up my belt.” His belt was done up at the back then. When he went away in the morning it was done up in the front. He made this statement to me as soon as he got home. He spoke to me first straight away before I had spoke to him.
(Accused does not wish to ask any questions of the witness.)
[Signed] EA Gorman.
Taken and sworn at Wentworth this 11th day of August 1913 before.
[Signed] HH MacDougall, PM.
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(F. 2 – “Justices Act, 1902.”
Statement of the Accused.
State of New South Wales, Wentworth
TO WIT. }
Samuel Cameron (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 11th day of August in the year of Our Lord one thousand nine hundred and thirteen for that he, the said defendant, on the 5th day of August 1913, at Wentworth in the said State, indecently assault one Roy Gorman, a male person and the said charge being read to the said defendant, and the witnesses for the prosecution, Arthur James McKenzie Fargie, Medical Practitioner, Cathcart James Chalmers Hullick, Police Constable, Roy Gorman, aged 6 years, Nellie Gorman, aged 9 years, Arthur William Gorman, grocer and Elizabeth Ann Gorman, married woman all of Wentworth being severally examined in his presence, and (having stated that he does not desire the depositions of the said witnesses to be read to him) the said defendant is now addressed by me the said Justice as follows:– “Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing, and may be given against you in evidence at your trial; and you are also informed, and are to clearly understand, that you have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to you to induce you to make any admission or confession of your guilt, but whatever you now say may be given in evidence against you upon your trial notwithstanding such promise or threat.” Whereupon the said defendant saith as follows:– “No, I am innocent of the charge.”
[Signed] S Cameron.
Taken before me and read over to the said defendant at Wentworth in the said State, the day and year first above mentioned.
[Signed] HH MacDougall, PM.
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G. 190.
New South Wales, Wentworth
To Wit. }
REX.
versus
Samuel Cameron
Offence,— Indecent assault on a male person
The accused stands committed to take his trial at the next Court of Quarter Sessions to be holden at Wentworth, in the State of New South Wales, on the ----- day of 19, or at such other Court to be holden at such place and time as the Attorney-General may appoint. Bail allowed the accused in £80 and two sureties in £40 each, or one in £80
[Signed] HH MacDougall, Spe[cial] Magistrate
JP.
Dated at the Police
Office, Wentworth
in the said State,
this eleventh
day of August
AD 1913
4g 416 - 88
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“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Wentworth
TO WIT. }
Be it remembered, that on the 11th day of August in the year of Our Lord one thousand nine hundred and thirteen Cathcart James Chalmers Hullick a Constable of the Police Force, stationed at Wentworth in the State of New South Wales, Arthur James McKenzie Fargie of Wentworth in the said State, Medical Practitioner and Arthur William Gorman of Wentworth in the said State, grocer 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 shall fail in the condition indorsed.
Taken and acknowledged, the day and year first above mentioned, at Wentworth in the said State, before me.
[Signed] HH MacDougall, PM.
The condition of the within written Recognizance is such, that whereas one Samuel Cameron was this day charged before HH MacDougall Esquire a Police Magistrate and one of His Majesty’s Justices of the Peace for the said State, for that he did at Wentworth aforesaid, on the 5th day of April, 1913, indecently assault one Roy Gorman, a male person.
If, therefore, they the before mentioned persons shall appear at the next Court of Quarter Sessions to be holden at Wentworth in and for the State of New South Wales, or at such other court to be holden at such place and time as the Attorney General may appoint, 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 Samuel Cameron for the offence aforesaid, to the jurors who shall pass upon the trial of the said Samuel Cameron.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] HH MacDougall, PM.
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“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Wentworth
TO WIT. }
Be it remembered, that on the 11th day of August in the year of Our Lord one thousand nine hundred and thirteen Arthur William Gorman of Wentworth in the said State, grocer for Roy Gorman of Wentworth in the said State, age 6 years, Nellie Gorman or Wentworth in the said State, aged 9 years, and Elizabeth Ann Gorman of Wentworth 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 himself to owe Our Sovereign Lord the King the sum of
FORTY POUNDS
of good and lawful money of Great Britain, to be made and levied of his goods and chattels, lands and tenements, respectively, to the use of our said Lord the King, his Heirs and Successors, if the said Roy Gorman shall fail in the condition indorsed and further sum of forty pounds if the said Nellie Gorman shall fail in the condition indorsed and a further sum of forty pounds if the said Elizabeth Ann Gorman shall fail in the condition indorsed.
Taken and acknowledged, the day and year first abovementioned, at Wentworth in the said State, before me.
[Signed] HH MacDougall, PM.
The condition of the within written Recognizance is such, that whereas one Samuel Cameron was this day charged before HH MacDougall Esquire a Police Magistrate and one of His Majesty’s Justices of the Peace for the said State, for that he did at Wentworth aforesaid, on the 5th day of August, 1913, indecently assault one Roy Gorman, a male person.
If, therefore, they the before mentioned persons shall appear at the next Court of Quarter Sessions to be holden at Wentworth in and for the State of New South Wales, or at such other court to be holden at such place and time as the Attorney General may appoint 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 Samuel Cameron for the offence aforesaid, to the jurors who shall pass upon the trial of the said Samuel Cameron.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] HH MacDougall, PM.
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[On the depositions’ cover sheet is the following]
Quarter Sessions.
Wentworth
Supreme Court
At Deniliquin
on 25 September 1913
No. 296 1
AG 13/167
Depositions.
Rex
v.
Samuel Cameron
Indecent assault
Committed at: Wentworth
on: 11th August 1913
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Court. Supreme Deniliquin
Date. 25 Sept 1913
Cor. Cullen CJ Ch. of QS
Plea. Not guilty
Verdict. Not guilty
Judgment.
M Shannon
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.
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Indecent assault on male
[Initial illegible]
15.8.13
As Wentworth Quarter Sessions will probably not sit until December next, and as the accused is in gaol, I suggest, in fairness to him, that the trial should be at the sittings of the Supreme Court at Deniliquin on 25th September next. The Doctor’s evidence is of a negative character, and he might therefore be dispensed with.
[Signed] W[illiam] R[ichard] Beaver
Clerk of the Pace
18.8.13
Approved
[Initial illegible]
20.8.13
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Justice WP Cullen’s notebook 5
8
[Deniliquin, 25 September 1913]
6 R v Samuel Cameron – Indictment for assault on Roy Gorman a male person.
Time: 5 August 1913
Place: Wentworth.
Plea: not guilty
Wilkinson Windeyer: solicitor appears for prisoner.
Cathcart JC 7 Policeman Wentworth. Went on complaint to wharf at Wentworth. Saw accused – (7 am ?) (?) to (exchange ?) – charged him with assault. He answered I have never did
9
seen not see the boy in my life. The boy was brought with his father to the charge room while accused stood there. Constables Sheringham & (Shipway ?, passim) were there. 8 Asked boy if he knew accused – “Yes” “Where?” “At the Doctor’s” I asked the father to question him. The father said to the boy: tell Mr Hullick what you told your mother this morning. He said the accused said his belt was too tight & asked him to come in the water closet. The accused said: speak up I can’t hear you. It was repeated. He said I did only pull the boy’s stocking up. The father asked the boy what the accused did. He said: He took my trousers down in the front & tickled me.
10
That the boy cried & the accused told him to go home & come back next day. The accused made no remark whatever. Next day accused repeated what he had said “I did never see the boy in my life.”
Cross-examined. I had known accused about a week. He is deaf. The boy is 6. The accused had been drinking very heavily the day before & had fallen in the river.
Arthur William Gorman – grocer – Wentworth – Father of Roy Gorman. First saw accused in lockup at Wentworth. Constables Hullick, Shipway & Sheringham were present, as well as my boy & I.
11
Corroborates previous evidence as to what happened at lockup. (Previous objection repeated).
Cross-examined. At lockup the boy was as far away from prisoner as you are from me (About 20 feet). The boy did not speak loudly – He is a shy boy.
Roy Gorman – (Evidence admitted unsworn under section 418). I know accused – saw him at Doctor’s – Did not see him coming from school – gave him a hand with straw – He was going to turn it in the land. Did not turn it while I was then. He asked my name – I told him – He asked me what I had in my billycan. I said nothing. He asked me to put it down & give him a hand with the straw.
12
I went in the closet with him. He undone my braces and pulled up my shirt & felt my tiddle. He asked me to give him a kiss – I did. he told me to go home & come back tomorrow. This was in the closet. He buttoned up my trousers. I went home. I did not tell anyone.
Cross-examined. I sometimes tell stories. Had never seen prisoner before. Have seen drunk men.
Elizabeth Ann Gorman – Wife of last witness & mother of child. Did child make complaint? Objected to – Admitted (re (?) ) Yes. It was on the 5th of August between ½ past 4 & 5. School is dismissed at 4.
13
Roy was excited – not crying – He said – as he was coming home. Particulars objected to. Admitted. He said he saw man in Doctor’s yard at tank – gives conversation as told by boy – That in WC he took off hat & undid buttons of braces & put his hands close & pulled up shirt & felt all around my (belly ?) & caught hold of my tiddle & I began to cry – That he told me to kiss him & did up my trousers & belt & told him to go home & say nothing to mother & come back next day.
Cross-examined.
14
Mary Gorman. Sworn after questions from me. – 7 years old. Saw a man by pr tank on Tuesday as I was going from school – brother was standing with him. I was near tennis court.
Cross-examined.
Crown case closed.
Evidence for defence:
Accused [Samuel Cameron] on oath: Boys at Doctor’s for vaccination used to torment me. This boy may have been there. Denies statements. Don’t remember pulling up his socks & saying I did so. I had been having some drink. Have been 13 months here. Have a wife & two children in Glasgow.
15
Case for defence closed
No evidence in reply.
I sum up. Jury retire: 12.20
12.55 Jury return to ask: did When the girl said she saw her brother at the tank, did she say that person was the accused. note (rece ?)
(2) Was the day in week the offence was alleged the day he was drunk and fell into the river.
Evidence by shorthand reporter is read on both points and witness Mary Gorman is recalled
16
Mary Gorman (recalled). Could not see who the man was – could just see it was a man.
Jury again retire 12.55
Jury return 4.25
Verdict: not guilty
Prisoner is discharged.
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The Pastoral Times, Sat 27 Sep 1913 9
ALLEGED INDECENT ASSAULT.
———✦———
A Case From Wentworth.
————
At the Circuit Court on Thursday, Samuel Cameron was charged with indecently assaulting Roy Dorman [aka Gorman] at Wentworth, on the 5th August. Mr Windeyer appeared for the accused, who pleaded not guilty. Mr M Shannon was Crown Prosecutor.
Jury: Thomas Rose, F McDonald, JW Adams, J Hill, WR Clarke, AJ Watson, DJ Lawson, A Krugg, FA Browne, F Trantum, PW Maher and R Henry.
Senior-Constable Hullick stated: A complaint was made about accused on 6th August. I took him to the lock-up and charged him with assault. Accused said “I never saw the boy in my life.” The boy said he saw accused at the doctor’s. The boy’s father asked him what accused had done and he told him. Accused said “I only pulled up his stockings.”
To Mr Windeyer: I only knew accused about a week; he is somewhat deaf. He had been drinking heavily and fell into the river the day before he was at the lock-up. He had had some drink the day he was locked up.
Arthur William Dorman, [aka Gorman] grocer, residing at Wentworth, repeated the conversation he had with his son, who was six years of age, at the lock-up.
Roy Dorman, [aka Gorman] son of the previous witness, gave evidence in regard to meeting accused and his subsequent actions.
Elizabeth Anne [sic–Ann] Dorman, [aka Gorman] mother of Roy Dorman, stated that her son made a complaint to her after he returned from school.
Nellie Dorman, [aka Gorman] daughter fo the previous witness, also gave evidence.
Accused [Samuel Cameron] in his defence, denied having interfered with the boy, and said he had not seen him in the doctor’s yard. He had been in the country only a few months; his wife was in England.
The jury, after a retirement of four hours, returned with a verdict of not guilty.
1 SRNSW: NRS880, [9/7184], Supreme Court, Papers and depositions, Deniliquin, 1913, No. 167. Emphasis added.
2 Two subpoenas were found in the file these have been combined into one.
3 Mn: Fingerprints not known. [Signed] WA Childs August 18 1913
4 Mn: Wednesday
5 SRNSW: NRS5813, [7/9329], Judiciary, WP Cullen, CJ. Notebooks Circuit Criminal, 1910-23, pp. 8-16. Emphasis added.
6 Mn: Sec. 81 – penal servitude 5 years, 3-5 (minimum ?), or Imprisonment – 2 years
7 Cathcart James Chalmers Hullick in transcript of depositions. Surname omitted here, possibly accidentally.
8 Mn: Objection to statement of boy: I admit, warning jury that statements made in his presence are not evidence against accused, but his attitude and demeanour towards charged would be
9 The Pastoral Times (Deniliquin), Sat 27 Sep 1913, p. 2. Emphasis added.