Northern Star, Sat 8 Nov 1913 ¹

GENERAL NEWS.
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…

ASSAULT.

    Mark Roberts was remanded for eight days by Mr JB Gibson, JP, at the Lismore Police Court yesterday on a charge of indecently assaulting Antony Ivelli the previous day.

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The Richmond River Herald and Northern Districts Advertiser, Tue 11 Nov 1913 ²

BRIEF MENTION.
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…
    Mark Roberts, a travelling showman, has been arrested at Lismore for an alleged serious offence against Antony Ivelli. [sic]

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Northern Star, Wed 12 Nov 1913 ³

ALLEGED ASSAULT.
ACCUSED COMMITTED FOR TRIAL

“MY CONSCIENCE IS CLEAN.”

    “I wish to state that on the day in question I was under the influence of whisky, and for several days previously. I have no recollection of meeting any of the witnesses or the boy Iveli [aka Ivelli]. My conscience is positively clean that I am not guilty of this charge”—such was the answer of one Mark Roberts, a young man 26 years of age, when charged at the Lismore Police Court before Mr AJ Peisley, PM, yesterday, with committing a criminal offence on Anthony Iveli, 14, at Lismore, on the 6th November, 1913.

    Constable Charles Richard Laidman stationed at Alstonville, stated that he was on duty in the town of Lismore on the 6th November, when a boy named Anthony Iveli made a complaint to him, and at about 10.15 pointed the accused out to him opposite Huskens’ Hotel. Witness asked accused where he had been and what he had been doing that night. He replied that he had been about the hotel all night drinking. Witness asked him if he had seen or been walking or talking to any boys. He replied that he had not, and when witness told him that he must arrest him and charge him with the offence alleged he kept on repeating the words “Me, what me!” With Constable McGuigan witness then took accused to the lockup. Witness previously saw the accused at about 8 pm near Lytton’s moving theatre, he tried to gain admission but was refused. A few minutes before he received the complaint witness saw him near the Council Chambers coming from the direction of the saleyards. In reply to the accused witness said: I should say you had had a few drinks. You seemed excited at first. You were under the influence of drink when arrested but I would not say you were drunk. Anthony Iveli, Harold McDonald (20), Wm McNamara and James Woolley having supported the charge accused was committed to take his trial at the next Quarter Sessions to be held in Lismore on the 27th November, bail being allowed, himself in £50 and two sureties in £25 each or one of £50.

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Northern Star, Fri 28 Nov 1913 ⁴

LISMORE QUARTER
SESSIONS.
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Thursday, November 27, 1913.
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Before His Honor Judge Hamilton.
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    The Court of Quarter Sessions was opened at the Court House, Lismore, before his Honor Judge Hamilton, Mr RJ Browning appearing to prosecute on behalf of the Crown.
…

ASSAULT.

    Mark Roberts was charged with criminally assaulting Antoni [aka Anthony] Ivili [aka Iveli, Ivelli], at Lismore, on the 6th November.

    Accused, who pleaded not guilty, was undefended.

    The jury empanelled was as follows:—Robt. Brewster, John M Chapman, Robt. Smith, Alex. Clark, Samuel Thos. Laws, Robt. White, LWG King, R Pestell, Wm. Smith, Wm. Northcott, D Kennedy Shannon, Jas M Leslie.

    Evidence for the Crown was given by Antoni Ivili (14), of Keen-street, Lismore, Harold McDonald (North Lismore), Wm. McNamara, James Wooly, First-class Constable Laidman (stationed at Alstonville), who was on duty in Lismore on the night in question. McNamara was the only witness who did not identify the accused. In his evidence-in-chief he stated that the accused was the man whom he followed on the night in question, and under cross-examination he stated that the accused was not the man. This evidence was later described by his Honor as being extraordinary and hardly to be relied upon.

    The case for the Crown being concluded.

    The defendant [Mark Roberts] gave evidence on his own behalf. He stated that on the 6th November he was juggling on the show ground. He was drinking brandy and whisky all day, and had no recollection of his actions subsequent to leaving the show ground at 6 pm. Knowing his own habits and mind, he did not believe that he committed the offence. He had tried to get legal aid, but had failed.

    His Honor: Did you apply for legal aid? – Yes.

    His Honor: And it was refused? – Yes.

    The Crown Prosecutor: That is the case, I have seen the papers.

    Recalled, Constable Laidman, in reply to his Honor, stated that when arrested the defendant was under the influence of drink, but he was not in such a condition as to necessitate his arrest on that account.

    This concluded the evidence.

    The defendant having addressed the jury, and his Honor having summed up, the jury retired to consider their verdict at about 3.30 pm.

    On returning into Court at 3.35 pm a verdict of guilty was given.

    There was only one previous conviction against the prisoner, for refusing to pay a steamer fare at Ballina.

    His Honor said that he was sorry to see a man of the obvious education of the prisoner in such a position, and he would give him the benefit of the fact that he was under the influence of drink, in the hope that it was that only which led him into such a position. He mus warn him to keep away from the drink if had such an effect upon him. He sentenced him for 18 months’ imprisonment with hard labor in Grafton Gaol.

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Clarence and Richmond Examiner, Tue 2 Dec 1913 ⁵

LISMORE QUARTER SESSIONS.

At the Lismore Sessions last week before his Honor Acting Judge Hamilton, James Scott, for assaulting G Goodwin at Kyogle, was sentenced to 12 months in Goulburn gaol, but the sentence was suspended under the First Offenders’ Act . Clarence James Hall was sentenced to 12 months in Goulburn gaol for stealing a purse and £3 8s 2d from Albert G Hayes at South Lismore. For breaking and entering Morley’s store at Tweed Heads, Arthur Black was sentenced to 18 months in Parramatta gaol. Mark Roberts was sentenced to 18 months in Grafton gaol for assaulting Antoni Ivili at Lismore. Senark was sentenced to 12 months for maliciously wounding another Hindoo at Lismore in July last.

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Mark Roberts, Gaol photo sheet ⁶

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Gaol Photo Sheet - Transcribed Details

No. 234
Grafton

Date when Portrait was taken: 3-12-1913

Name: Mark Roberts

Native place: Tasmania Year of birth: 1887 Arrived       Ship: BC in Colony }   Year: – Trade or occupation previous to conviction  } Showman Religion: C E Education, degree of: R & W Height: 5' 8" Weight     On committal: 160 in lbs     } On discharge: Colour of hair: Brown Colour of eyes: Light Brown

Marks or special features: Scar on nose. Scar under right eye. Scar on top of first finger right hand

(No. of previous Portrait ... )  CONVICTIONS
Where and When				Offence.	Sentence
Ballina Lismore Q.S	30 27	10 11	1913 1913	Refusing to pay steamer fare Indecent Assault on a male person	7 Days HL (paid part fine) 18 months H.L.

 

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¹     Northern Star (Lismore, NSW), Sat 8 Nov 1913, p. 5.

²     The Richmond River Herald and Northern Districts Advertiser, (NSW), Tue 11 Nov 1913, p. 2.

³     Northern Star (Lismore, NSW), Wed 12 Nov 1913, p. 4. Emphasis added.

⁴     Northern Star (Lismore, NSW), Fri 28 Nov 1913, p. 8. Emphasis added.

⁵     Clarence and Richmond Examiner, Tue 2 Dec 1913, p. 4. Emphasis added.

⁶     SRNSW: NRS2258, [3/5994], Grafton Gaol photographic description book, Jun 1910-Nov 1922, No. 234, p. 43, R5125.

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