The Maitland Daily Mercury, Mon 21 Apr 1913 ¹

MAITLAND CIRCUIT COURT.

    The Maitland Circuit Court will be opened at the Courthouse, on Wednesday, before his Honor Justice Pring. The following cases are set down for hearing:—
…
    Thursday: Henry Marshall, Newcastle, alleged improper assault.

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The Maitland Daily Mercury, Wed 23 Apr 1913 ²

MAITLAND CIRCUIT COURT.
Wednesday, April 23.
(Before His Honor Justice Pring).

    The Maitland Circuit Court was opened at the Courthouse, East Maitland, this morning before His Honor, Justice Pring. Mr CEB Maybury, Sheriff, occupied a seat alongside His Honor. Mr JP Sheridan was Crown Prosecutor, and Mr Edmund Beaver, Judge’s Associate. Superintendent McVane and Sub-Inspector Somervaille were also in attendance.

    The bar was represented by Messrs Robt Cowan, W Tighe, GE Addison, and Worthington, while members of the legal profession present were Messrs Jas HF Waller, WJ Enright, DLB Glasheen and AE Westcott.
…

Thursday, April 24.

    The sittings of the court were continued at the Courthouse, East Maitland to-day, when His Honor Justice Pring passed sentence upon the accused who had pleaded guilty and been convicted.
…

SERIOUS CHARGES.

    Henry Marshall, a street musician, was indicted with having, on March 16 at Quirindi, committed an improper offence on a boy [Patrick Keough], ten years of age. There were (some ?) other charges against accused of similar offences at Newcastle. Accused pleaded not guilty, and was defended by Mr WJ Enright, who was assigned by the Crown.

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The Maitland Daily Mercury, Fri 25 Apr 1913 ³

MAITLAND CIRCUIT COURT.
Friday, April 25.
(Before His Honor Justice Pring).

    The criminal business of the Maitland Circuit Court was concluded at the courthouse, East Maitland, to-day, before his Honor Mr Justice Pring.

JURY DISAGREES.

    In the case of Henry Marshall, charged with an improper offence on a boy at Quirindi and at Newcastle, the jury, after being locked up all night, was brought into court at 10 o’clock this morning, and the foreman (Mr RF Graham) intimated that there was no prospect of an agreement being come to.

    The jury was accordingly discharged, and accused was remanded to his former custody, to come up trial [sic] at such time and place as the Attorney General may appoint.

    On behalf of himself and brother jurymen the foreman expressed satisfaction with the attention they had received from the court officials.

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Newcastle Morning Herald and Miners’ Advocate, Fri 25 Apr 1913 ⁴

MAITLAND DISTRICT.
———◦———
MAITLAND CIRCUIT COURT.
(Before His Honor Justice Pring).

    The Maitland Circuit Court was resumed before Mr Justice Pring, at the East Maitland Courthouse, yesterday morning.
…

SERIOUS CHARGES.

    Henry Marshall, a travelling musician, was arraigned on three charges of assault on a boy aged ten years. He pleaded not guilty, and was defended by Mr WJ Enright, who was assigned for the defence by the Crown. After the hearing the jury retired and was in consultation for four hours, but not having agreed on a verdict, they were locked up for the night.

    The court adjourned until ten o’clock this morning.

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The Tamworth Daily Observer, Fri 25 Apr 1913 ⁵

MAITLAND CIRCUIT COURT.
————
WOMAN BIGAMIST’S SAD CASE.
————
MAN’S HEAVY SENTENCE FOR ASSAULT
WITH INTENT.
————

West Maitland, Thursday.

    The Maitland Circuit Court was continued to-day at East Maitland before Mr Justice Pring.
…
    Henry Marshall Street, [sic] musician, was charged with having on March 16, at Quirindi, committed an improper offence on a boy of ten years of age. There were two other charges against accused of similar offences at Newcastle. Accused pleaded not guilty and was defended by Mr WJ Enright, who was assigned by the Crown.

    The evidence is proceeding.

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The Maitland Weekly Mercury, Sat 3 May 1913 ⁶

MAITLAND CIRCUIT COURT.
———◦———
Friday, April 25.
————
(Before his Honor Justice Pring.)

    The criminal business of the Maitland Circuit Court was concluded at the courthouse, East Maitland, on Friday, before his Honor Justice Pring.

    The case of Henry Marshall, charged with an improper offence on a boy at Quirindi and at Newcastle, the jury, after being locked up all night, was brought into court at 10 o’clock this morning, and the foreman (Mr RF Graham) intimated that there was no prospect of an agreement being come to.

    The jury was accordingly discharged, and accused was remanded to his former custody, to come up for trial at such time and place as the Attorney-General may appoint.

    On behalf of himself and brother jurymen the foreman expressed satisfaction at the attention they had received from the court officials.

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Newcastle Morning Herald and Miners’ Advocate, Wed 7 May 1913 ⁷

QUARTER SESSIONS.
Tuesday, May 6.
(Before His Honor Judge Fitzhardinge.)

    The Newcastle Quarter Sessions were opened in the courthouse yesterday. Mr Hudson Berkeley was in attendance, as deputy sheriff. Mr AF Dawson prosecuted on behalf of the Crown law authorities.
…

A SERIOUS OFFENCE.

    Henry Marshall, described as a street vocalist, was charged with having committed a serious offence at Quirindi on March 16, and subsequently with having repeated the same offence at Newcastle on March 22 and March 24. Mr WJ Enright appeared for the defence. The jury returned a verdict of guilty, and prisoner was remanded for sentence.

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Newcastle Morning Herald and Miners’ Advocate, Thu 8 May 1913 ⁸

QUARTER SESSIONS.
Wednesday, May 7.
(Before His Honor Judge Fitzhardinge.)

    The Newcastle Quarter Sessions were continued at the Newcastle Courthouse yesterday. Mr AF Dawson prosecuted on behalf of the Crown. The Dean of Newcastle occupied a seat on the bench.

SENTENCES IMPOSED.

…
    Henry Marshall, having been adjudged guilty of committing a serious offence at Quirindi, on March 16, and subsequently similar offences at Newcastle on March 22 and 24, was placed in the dock for sentence. The prisoner asked if he would be allowed to appeal, and stated that a certain witness had told lies. His Honor reminded the prisoner that the jury had found him guilty, and were, therefore, satisfied that the witness had spoken the truth. Every person who was convicted could apply for leave to appeal. Sometimes the application was granted, but many times it was not granted. The legislature had provided that the sentence for the offence might be imprisonment for life, and no less than five years’ penal servitude. The prisoner was then sentenced to penal servitude for a period of five years.

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Henry Marshall, Gaol photo sheet ⁹

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Gaol Photo Sheet - Transcribed Details

No. 12976

Date when Portrait was taken: 9-5-1913

Name: Henry Marshall

Native place: Victoria Year of birth: 3-9-1884 Arrived       Ship: in Colony }   Year: BS Trade or occupation previous to conviction  } Vocalist Religion: C of E Education, degree of: R and W Height: 5' 1¼" Weight     On committal: 126 in lbs     } On discharge: Colour of hair: Dark brown Colour of eyes: Brown

Marks or special features: Left eye slightly turned inwards

(No. of previous Portrait ... )  CONVICTIONS
Where and When				Offence.	Sentence
Newcastle Q.S	6	5	1913	Sodomy	5 years P.S.

 

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¹     The Maitland Daily Mercury, Mon 21 Apr 1913, p. 4.

²     The Maitland Daily Mercury, Wed 23 Apr 1913, p. 4.

³     The Maitland Daily Mercury, Fri 25 Apr 1913, pp. 2, 6.

⁴     Newcastle Morning Herald and Miners’ Advocate, Fri 25 Apr 1913, p. 6.

⁵     The Tamworth Daily Observer, (NSW), Fri 25 Apr 1913, p. 2.

⁶     The Maitland Weekly Mercury, Sat 3 May 1913, p. 12.

⁷     Newcastle Morning Herald and Miners’ Advocate, Wed 7 May 1913, p. 3.

⁸     Newcastle Morning Herald and Miners’ Advocate, Thu 8 May 1913, p. 7.

⁹     SRNSW: NRS2138, [3/6082], Darlinghurst Gaol photographic description book, 1912-1913, No. 12976, p. 133, R5116.

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