Below also see: Walter William Higgins, 1917 – Escape,
Walter William Higgins, 1920,
Walter William Higgins, 1929
Northern Star, Sat 21 Apr 1917 1
QUESTION OF LEGAL PRACTICE.
RAISED AT GRAFTON SESSIONS
A point of some legal interest was raised at the Quarter Sessions by Judge Hamilton in respect of the matter of defence of four accused from Coff’s Harbour, two of whom were defended by Mr McGuren and two by Mr McPherson (Messrs McGuren and Pollack’s representative and partner at Coff’s). His Honor considered that a legal firm was an entity and asked if there was any precedent for more than one member of a firm formally appearing together on a case.
Mr McGuren said he did not want to take any undue advantage, but Mr McPherson was more minutely acquainted with the case than himself. The question was somewhat analagous [sic] to the one raised of whether prisoners could be separately defended. He did not believe the right of accused men to choose any particular individual to appear for them could be affected.
His Honor said he did not want to prejudice the accused men, but thought he would just mention the matter.
Mr McGuren pointed out that in another case listed he was appearing on one side and his partner, Mr Pollack, had been assigned by the Crown on the other. He promised that there would be no undue waste of time.
His Honor said he would make inquiries of the Law Institute or some authority in Sydney.
Mr RJ Bowling [sic–Browning] (Crown Prosecutor) considered that there might be some precedent in Queensland or Victoria.
Mr McGuren “There is no question about it; the junior partner instructs the senior and gets his fee. That is what ought to be in NSW.” (Laughter)—“Grafton Argus.”
~ ~ ~ ~ ~
Northern Star, Wed 25 Apr 1917 2
LISMORE QUARTER SESSIONS.
Before his Honor Judge Hamilton.
The Quarter Sessions was continued at the Court House yesterday morning. Mr RJ Browning prosecuted for the Crown.
…
ALLEGED SERIOUS OFFENCE.
Image: NSW State Library collection. Reproduction: Peter de Waal
Walter William Higgins was charged with having at South Murwillumbah, on January 12, 1917, committed a serious offence on a boy, [Eric Hartmann], of tender years.
There was no counsel for the defence.
The following jurymen were empanelled:—Messrs McKinnon, W Taylor, F Warby, T Mortimer, R Jamieson, H Richardson, P Walkley, R Johnstone, C Elvery, J Graham, C Ainsworth, J O’Neill.
After evidence was taken accused submitted it was a case of mistaken identity and the jury, after deliberating for about an hour, returned a verdict of not guilty.
His Honor, in commenting on the verdict, said the jury had given accused the benefit of the doubt. “You must consider your ways and lead a better life. You ought to enlist.”
The Court will resume its sittings at 9.30 this morning.
Walter William Higgins, 1917
The Brisbane Courier, Mon 30 Jul 1917 3
ESCAPE FROM CUSTODY.
When en route to the Grafton Gaol a prisoner named Walter William Higgins escaped from the Burringbar lockup. He was recaptured on the following day by a party of police and civilians near Mullumbimby. Higgins had been committed on a charge of committing an offence against an eight-year-old girl, and was going to Grafton Gaol to await trial. At the Police Court on Friday he was further committed for trial on a charge of breaking custody.
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Northern Star, Wed 15 Aug 1917 4
QUARTER SESSIONS.
Monday, August 13th.
Before his Honor Judge Hamilton.
Mr Browning prosecuted for the Crown.
…
A HEAVY SENTENCE.
Walter William Higgins, of Lismore, who was found guilty of a serious offence upon a young girl, [Evelyn Randall ], at Condong, was sentenced to ten years’ penal servitude. His Honor, in giving judgement, said that with one exception,, when he heard a charge of murder, Higgins’ case was the most serious he had ever had to deal with. Higgins was a menace to society, and as an example and a warning to others he would give him exemplary punishment. Accused was then sentenced.
A CONSTABLE EXONERATED.
WW Higgins pleaded guilty to a second charge, that of escaping from Burringbar lock-up. For this offence he was sentenced to six months’ imprisonment. In passing sentence his Honor said he had gone carefully through the evidence and could not see that the constable in charge at Burringbar was in any way to blame for Higgins’ escape. By pleading that he wanted more air the prisoner had prevailed upon a child to open a small window in the cell door through which he was able to draw the bolt and escape. His Honor added that he did not see how it was possible for the constable to anticipate anything of the kind. He said this in fairness to the constable, as he realised his position in the matter.
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The Mullumbimby Star, Thu 16 Aug 1917 5
BRIEF MENTION
————
…
At the Court of Quarter Sessions on Monday Walter William Higgins, who was found guilty of a serious offence upon a young girl, was sentenced by his Honor Judge Hamilton to ten years penal servitude. For endeavouring to escape from custody the prisoner was given another six months’ imprisonment. His honor, in passing sentence, said with one exception the case was the worst he had dealt with. This the youth who escaped from the Burringbar Lock-up some time ago and who was captured at the foot of Chincogan.
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Singleton Argus, Tue 21 Aug 1917 6
GLEANINGS
———◦———
…
A sentence of 10 years penal servitude was passed by Judge Hamilton, at the Lismore Sessions, on Walter William Higgins, on a charge of committing an offence upon a girl. A sentence of six months’ imprisonment, to be concurrent with this sentence, was also imposed for endeavouring to escape from custody.
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The Farmer and Settler, Fri 24 Aug 1917 7
MISDEMEANORS
————
…
ASSAULTED A YOUNG GIRL.
———
HEAVY SENTENCE UPON THE CULPRIT.
A sentence of ten years’ penal servitude was passed by Judge Hamilton upon Walter William Higgins at the Lismore (NSW) Quarter Sessions on a charge of having committed an offence upon a young girl. A sentence of six months’ imprisonment, to be concurrent, with this sentence, was imposed also for endeavoring to escape from custody.
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The Sydney Morning Herald, Sat 1 Sep 1917 8
LAW REPORT.
———◦———
…
COURT OF CRIMINAL APPEAL.
(Before Mr Justice Pring, Mr Justice Sly,
and Mr Justice Gordon.)
…
REX v WW HIGGINS.
Leave to appeal was also refused in the case of Walter William Higgins, who was convicted at Quarter Sessions, Lismore, of a criminal offence, for which he was sentenced to ten years’ penal servitude.
~ ~ ~ ~ ~
Walter Wm Higgins, Gaol photo sheet 9
![SRNSW: NRS2258, [3/5994], Grafton Gaol photographic description book, Jun 1910-Nov 1922, No. 227, p. 87, R5125.](../../images/trials/1917-Higgins-5994-gaol-photo-227.jpg "SRNSW: NRS2258, [3/5994], Grafton Gaol photographic description book, Jun 1910-Nov 1922, No. 227, p. 87, R5125.") |
Gaol Photo Sheet - Transcribed Details
No. 277
Grafton
Date when Portrait was taken: 24th September 1917
Name: Walter Wm Higgins
|
Native place: NS Wales Year of birth: 1896 Arrived Ship: – Trade or occupation Religion: R. C. Education, degree of: R & W Height: 5' 5¼" Weight On committal: 112 Colour of hair: Black Colour of eyes: Brown |
Marks or special features: Scar on right forearm. Scar on palm of right hand |
|
(No. of previous Portrait .. Nil) CONVICTIONS |
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Where and When |
Offence. |
Sentence |
|||
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Byron Bay PC Lismore PC ditto ditto Lismore Q.S * Lismore PC |
21 25 8 25 13 1 |
4 5 11 3 8 11 |
1915 1915 1915 1916 1917 1920 |
1) Stealing from a dwelling Vagrancy Stealing Vagrancy 1) Attempt to carnally know a girl Breach of license |
49/- or 1 month HL 1 month HL 1 month HL 1 month HL 10 years P.S. To serve balance of 10 years PS |
|
* |
14 |
8 |
1917 |
Appealed against 1st sentence |
|
Walter William Higgins, 1920
Northern Star, Tue 2 Nov 1920 10
LISMORE POLICE COURT.
———◦———
Monday, November 1.
————
(Before Mr AJ Peisley, PM.)
————
HIGGINS RETURNED TO CUSTODY.
Walter William Higgins, 24, was charged with on October 25 that being then the holder of a license under section 463 of the Crimes Act, 1900, he was found out of the limits specified in the license. Mr McIntosh appeared for defendant, who pleaded not guilty.
Constable Donnelly said that Higgins was convicted at the Lismore Quarter Sessions on August 13, 1917, and sentenced to 10 years’ penal servitude. Defendant was released from Grafton gaol on August 28, 1920, on license. A condition was that Higgins was to remain within the limits of the Grafton police district. Defendant had been residing at Lismore since early in September. Lismore was out of the district specified in the license.
Walter William Higgins, defendant, said he left Grafton on September 2. He claimed that the officials of the gaol asked him to go through to Brisbane; that he got assistance from the gaol authorities by a railway pass as far as Murwillumbah; and that a warder took him to the train. He broke the journey at Lismore, having taken bad on the way. He was given his discharge from gaol on account of ill-health. He saw a doctor on the Thursday evening. The doctor said to see him again next afternoon. He did so, and the doctor ordered him to the hospital. The doctor gave him a pass bearing the words “Admit W Higgins for operation immediately.” He stayed in the hospital a day. His bed was next to the operating theatre, and it cowered him after the last operation. He had been under the care of another doctor since then.
Cross-examined by Sergt Cradock: He went to Grafton about September 5 to get information about his license. He said he could not work on account of his health, and if he knocked about Grafton he would be arrested under the Vagrancy Act . The gaoler said he would give him no information whatever as he had nothing to do with him after his discharge from the gaol. He had since been arrested in Lismore on a serious charge and discharged. He reported to the Controller-General of Prisons on October 2 that he was in Lismore. He also asked for as transfer of the license to Lismore and got no reply.
Higgins was ordered into the previous custody to serve the sentence imposed upon him.
~ ~ ~ ~ ~
The Richmond River Express and Casino Kyogle Advertiser, Fri 5 Nov 1920 11
AN UNUSUAL PROSECUTION.
At Lismore Police Court on Monday, before the PM, Walter William Higgins was charged with that being the holder of a license under the Crimes Act he was found out of the limits specified in the license. Mr McIntosh appeared for defendant, who pleaded not guilty. The evidence explains the nature of the prosecution.
Constable Do nnelly said that Higgins was convicted at the Lismore Quarter Sessions on August 13, 1917, and sentenced to 10 years’ penal servitude. Defendant was released from Grafton gaol on August 28, 1920, on license. A condition was that Higgins was to remain within the limits of the Grafton police district. Defendant had been residing in at Lismore since early in September. Lismore was out of the district specified in the license.
Walter William Higgins, defendant, said he left Grafton on September 2. He claimed that the officials of the gaol asked him to go through to Brisbane; that he got assistance from the gaol authorities by a railway pass as far as Murwillumbah; and that a warder took him to the train. He broke the journey at Lismore, having taken bad on the way. He was given his discharge from gaol on account of ill-health. He saw a doctor on the Thursday evening. The doctor said to see him again next afternoon. He did so, and the doctor ordered him to the hospital. The doctor gave him a pass bearing the words “Admit W Higgins for operation immediately.” He stayed in the hospital a day. His bed was next to the operating theatse, [sic] and it covered him after the last operation. He had been under the care of another doctor since then.
Cross-examined by Sergt Cradock: He went to Grafton about September 5 to get information about his license. He said he could not work on account of his health, and if he knocked about Grafton he would be arrested under the Vagrancy Act . The gaoler said he would give him no information whatever, as he had nothing to do with him after his discharge from gaol. He had since been arrested in Lismore on a serious charge and discharged. He reported to the Controller-General of Prisons on October 2 that he was in Lismore. He also asked for a transfer of the license to Lismore and got no reply.
Higgins was ordered into the previous custody to serve the sentence imposed upon him.
Walter William Higgins, 1929
Casino and Kyogle Courier and North Coast Advertiser, Sat 11 May 1929 12
SERIOUS CHARGE
————
AGAINST A YOUNG MAN.
————
On Wednesday afternoon, while on his way home from school, a boy, about 12 years of age, was allegedly indecently assaulted a short distance from the village of Rappville. The police were not acquainted with the matter until the following morning, as the child lives some miles out in the country. This gave the alleged offender ample time to escape. Later Constable Davey arrested a person answering the description given of the offender, who was travelling about 20 miles distant from Rappville.
ARRESTED MAN CHARGED.
In connection with the occurrence Walter William Higgins, a young man, was brought before the Casino Police Court yesterday afternoon on two serious charges. The first was one of committing an unnatural offence, and the second of of [sic] indecent assault on a boy, aged 12 years, at Rappville, on Wednesday last.
Sergeant Ennis applied for a remand for eight days, stating that the police had not had sufficient time to complete their inquiries.
This was granted. Bail was not applied for.
~ ~ ~ ~ ~
The Sydney Morning Herald, Mon 13 May 1929 13
COUNTRY NEWS.
———◦———
…
————
A SERIOUS CHARGE.
Casino, Saturday.
Walter William Higgins, a young man, was charged at the Casino Police Court with having committed a criminal offence against a boy at Rappville. He was remanded.
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The Richmond River Express and Casino Kyogle Advertiser, Wed 15 May 1929 14
ADMITTED TO BAIL
————
RAPPVILLE ASSAULT CASE
————
Before Mr EA Mahoney, PM, at the Casino Police Court this morning, an application for bail on behalf of Walter William Higgins, who is held on a charge of committing an unnatural offence, and indecent assault, was made by Mr JJ Kissane.
The police objected on the ground that their inquiries were incomplete.
The PM said he could see no reason why bail should not be granted, and fixed the sum at self in £100, one surety of £100, or two in £50.
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Casino and Kyogle Courier and North Coast Advertiser, Wed 22 May 1929 15
RAPPVILLE CASE
————
ANOTHER REMAND.
————
Walter William Higgins, a young man, appeared before Mr FA Mahoney, PM, in the Police Court yesterday morning on a charge of having committed an unnatural offence on a 12-year boy, [on Clarence Amos], at Rappville. He was also charged with indecent assault. Mr Kissane appeared for the defendant.
Sergt Ennis said he had to apply for another remand, as Constable Davey was ill.
A remand was granted until Tuesday next.
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The Richmond River Express and Casino Kyogle Advertiser, Wed 22 May 1929 16
LOCAL INTEREST
————
…
RAPPVILLE ASSAULT CASE
Walter William Higgins, on remand, appeared in the Casino police court yesterday before Mr EA Mahoney, PM, on a charge of alleging that he committed an unnatural offence and indecently assaulted a boy aged 12 years at Rappville. The hearing was further adjourned until Tuesday next on account of the illness of the principal witness, constable Davey. Bail was granted as formerly.
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Casino and Kyogle Courier and North Coast Advertiser, Wed 29 May 1929 17
SERIOUS CHARGES
————
AGAINST YOUNG MAN.
————
Walter William Higgins, on remand, appeared in the Children’s Court yesterday to answer charges of having, at Rappville, committed sodomy and also with indecent assault. The offences were alleged to have been committed on a 12 year old boy.
The PM: How old is the boy?
Sgt Ennis: Twelve years of age.
The PM: We will take it in the Children’s Court.
Higgins was committed for trial at the next Quarter Sessions at Lismore on July 25.
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The Richmond River Express and Casino Kyogle Advertiser, Wed 29 May 1929 18
LOCAL INTEREST
————
…
COMMITTED FOR TRIAL.
Walter William Higgins appeared in the Children’s Court at Casino yesterday before Mr EA Mahoney, PM, on a charge alleging that he committed an unnatural offence and indecently assaulted a boy aged 12 years, at Rappville. After evidence for the prosecution had been taken, the defendant was committed for trial at the Lismore Quarter Sessions to be held on July 25. Sergeant Ennis conducted the Crown case, and the defendant was represented by Mr JJ Kissane.
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The Richmond River Express and Casino Kyogle Advertiser, Mon 17 Jun 1929 19
LOCAL INTEREST
————
…
RAPPVILLE ASSAULT CASE
The case against Walter William Higgins, who was committed for trial at the Casino police court on a charge of alleged indecent assault on a boy at Rappville, and with committing an unnatural offence, came on for hearing at the Lismore Quarter Sessions to-day. The hearing had not concluded when this edition went to press.
…
Image: NSW State Library collection. Reproduction: Peter de Waal
JUDGE ROBBED
————
ROOM AT HOTEL
VISITED
————
£13 IN NOTES STOLEN
————
His Honor Judge Mocatta, who is at present presiding over courts on the Northern Circuit, will have particular cause to remember his short stay at Casino.
Leaving his room at the Hotel Royal on Saturday morning to go to the bathroom, he was surprised to find on his return that he had been relieved of the sum of £13 in notes. Content with the prize of more valuable currency, the thief left his Honor with a few shillings in silver.
The police were promptly informed of the theft, and although diligent inquiries are being carried out an arrest has not so far been effected.
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Northern Star, Tue 18 Jun 1929 20
CHARGE FAILS
————
SHELDRICK RELEASED
———
LISMORE QUARTER SESSIONS
———
Before Judge Mocatta at Lismore Quarter Sessions, begun at the Court House yesterday,
…
REMANDED FOR SENTENCE
————
Walter William Higgins was remanded for sentence until to-day, the jury returning a verdict of guilty against him on two charges in regard to a serious offence at Myrtle Creek on May 8.
Mr RJ Browning (Crown Prosecutor) conducted the case, which was tried by the following jury: Frederick Matthew Lee, Henry Oswald Ham, Arnold Frederick Bryant, Leslie Richmond Street, John Deegan, John James Gallagher, Sydney Morris Thomas, William Ambrose Crawford, Arthur Henry Goodwin, Phillip James Cleary, John Donald Irving, Oscar Charles Whittington Newman.
Accused pleaded not guilty and conducted his own defence. He intimated, after hearing the verdict, that he desired to appeal. Included in the list of his convictions was a sentence of ten years’ imprisonment for a serious offence in 1917.
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The Richmond River Express and Casino Kyogle Advertiser, Tue 18 Jun 1929 21
ASSAULT ON BOY
————
SENTENCE OF FOUR
YEARS
————
CASE FROM RAPPVILLE
————
Walter William Higgins, who was recently committed for trial at the Casino Police Court on a charge of an indecent assault on a boy at Rappville, and also with committing an unnatural offence, appeared before Judge Mocatta at the Lismore Quarter Sessions yesterday.
Mr RJ Browning (Crown Prosecutor) conducted the case, which was tried before the following jury: Frederick Matthew Lee, Henry Oswald Ham, Arnold Frederick Bryant, Leslie Richmond Street, John Deegan, John James Gallagher, Sydney Morris Thomas, William Ambrose Crawford, Arthur Henry Goodwin, Phillip James Cleary, John Donald Irving, Oscar Charles Whittington, Newman. The jury returned a verdict of guilty.
Accused pleaded not guilty and conducted his own defence. He intimated, after hearing the verdict, that he desired to appeal. Included in the list of his convictions was a sentence of ten years’ imprisonment for a serious offence in 1917.
This morning he was sentenced to four years’ hard labor.
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Northern Star, Wed 19 Jun 1929 22
QUARTER SESSIONS.
————
SENTENCE OF FOUR YEARS
————
CASES HEARD AT LISMORE
————
On remand, Walter William Higgins, who was found guilty on two charges in regard to a serious offence committed, at Myrtle Creek on May 23 was sentenced by Judge Mocatta yesterday at Lismore Quarter Sessions to four years’ imprisonment on each charge, sentence to be concurrent.
Accused stated that since returning to the North Coast he had been a persecuted man and was innocent of the charge.
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Walter William Higgins, Gaol photo sheet 23
![SRNSW: NRS2327, [3/5992], Maitland Gaol Photograph description sheets, 1875-1930, No. 2113, p. 86, R5132.](../../images/trials/1917-Higgins-5992-gaol-photo-2113.jpg "SRNSW: NRS2327, [3/5992], Maitland Gaol Photograph description sheets, 1875-1930, No. 2113, p. 86, R5132.") |
Gaol Photo Sheet - Transcribed Details
No. 2113
Maitland
Date when Portrait was taken: 11-9-1929
Name: Walter William Higgins
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Native place: NSW Year of birth: 9-9-1894 Arrived Ship: Trade or occupation Religion: R. C. Education, degree of: R & W Height: 5' 5¼" Weight On committal: 116 Colour of hair: Black Colour of eyes: Brown
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Marks or special features: Scar on right forearm. Scar palm of right hand. |
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(No. of previous Portrait .. 277 Grafton) CONVICTIONS |
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Where and When |
Offence. |
Sentence |
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Lismore PC Lismore Q.S |
1 17 |
11 6 |
1920 1929 |
Breach of license Assault with intent to commit buggery |
Balance of 10 years PS 4 years P.S. |
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7 previous convictions |
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1 Northern Star, Sat 21 Apr 1917, p. 3.
2 Northern Star, Wed 25 Apr 1917, p. 4.
3 The Brisbane Courier, Mon 30 Jul 1917, p. 6.
4 Northern Star, Wed 15 Aug 1917, p. 7.
5 The Mullumbimby Star, Thu 16 Aug 1917, p. 2.
6 Singleton Argus, Tue 21 Aug 1917, p. 1.
7 The Farmer and Settler, (NSW), Fri 24 Aug 1917, p. 4.
8 The Sydney Morning Herald, Sat 1 Sep 1917, p. 7.
9 SRNSW: NRS2258, [3/5994], Grafton Gaol photographic description book, Jun 1910-Nov 1922, No. 227, p. 87, R5125.
10 Northern Star, Tue 2 Nov 1920, p. 4. Emphasis added.
11 The Richmond River Express and Casino Kyogle Advertiser, (NSW), Fri 5 Nov 1920, p. 8. Emphasis added.
12 Casino and Kyogle Courier and North Coast Advertiser, Sat 11 May 1929, p. 2.
13 The Sydney Morning Herald, Mon 13 May 1929, p. 12.
14 The Richmond River Express and Casino Kyogle Advertiser, (NSW), Wed 15 May 1929, p. 2.
15 Casino and Kyogle Courier and North Coast Advertiser, Wed 22 May 1929, p. 2.
16 The Richmond River Express and Casino Kyogle Advertiser, (NSW), Wed 22 May 1929, p. 2.
17 Casino and Kyogle Courier and North Coast Advertiser, Wed 29 May 1929, p. 2. Emphasis added.
18 The Richmond River Express and Casino Kyogle Advertiser, (NSW), Wed 29 May 1929, p. 2.
19 The Richmond River Express and Casino Kyogle Advertiser, (NSW), Mon 17 Jun 1929, p. 2.
20 Northern Star, Tue 18 Jun 1929, p. 6.
21 The Richmond River Express and Casino Kyogle Advertiser, (NSW), Tue 18 Jun 1929, p. 2.
22 Northern Star, Wed 19 Jun 1929, p. 5.
23 SRNSW: NRS2327, [3/5992], Maitland Gaol Photograph description sheets, 1875-1930, No. 2113, p. 86, R5132.