James Baxter and Stephen Bundy, 1908
Below also see: Stephen Brown, 1920 - Buggery
Townsville Daily Bulletin, Tue 21 Jul 1908 1
At the Townsville Police Court on Monday, before Mr JA Boyce, PM, James Baxter and Stephen Bundy were conjointly charged with stealing a quantity of brass to the value of £4, the property of W Duncan, South Townsville.
Constable Johnson deposed that on the 18th July a complaint was made to the police that a quantity of brass, the property of William Duncan, had been stolen on the night of the 17th. In consequence of this complaint witness arrested defendant Baxter in the yard of a dealer named Redman. Witness then went in search of Stephen Bundy, and saw him under Allen’s Bond, South Townsville. Witness arrested Bundy on a similar charge to that against Baxter. Both defendants were remanded for one week.
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Townsville Daily Bulletin, Tue 28 Jul 1908 2
TOWNSVILLE POLICE COURT.
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At the Townsville Police Court Monday, before Mr JA Boyce, PM,
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ALLEGED LARCENY.
James Baxter and Stephen Bundy were conjointly charged with stealing a quantity of brass, the property of William Duncan, Cleveland Foundry, to the value of £4. Senior-Sergeant Henders prosecuted.
Constable Johnson deposed that on the 18th inst, a complaint was made to the police that a quantity of old brass metal the property of William Duncan, had been stolen from the Cleveland Foundry on the night of the 12th inst. [sic] After making inquiries witness went in search of the defendants. At 9.15 am on the 18th inst, witness had a conversation with Harry Redman, a bottle dealer, South Townsville. Redman told witness something. About five minutes later, the same day, witness saw defendant Baxter in Redman’s yard, South Townsville, and told him he belonged to the police that a quantity of brass had been stolen from the Cleveland Foundry on the night of the 17th inst, and that defendant offered for sale to Harry Redman, dealer, a quantity of old brass. Defendant replied “Yes, I did; a man gave me the brass to sell for him.” Witness asked defendant if he knew the man’s name and he replied “No.” Witness asked did he know where the man got the brass from. He replied, “No.” Witness asked would he know the man again? He replied “Yes.” Witness asked defendant to give him the description of the man who gave him the brass. He replied “A stout, clean-shaven man.” Defendant Baxter accompanied witness to the Senior-sergeant’s office, and on the way there they met Acting sergeant Martin, when defendant said to witness, “I will show you where the brass is if you will let me.” Witness subsequently, in company with Acting sergeant Martin, went to an unoccupied house in McIlwraith-street, and when at the back of the house defendant pointed to a bag with a quantity of brass in it. He said, “That is the brass.” Witness took possession of the bag and brass and asked defendant if it was the brass [text illegible] stout, clean-shaven man gave him to sell. He replied “Yes.” Witness then arrested defendant and conveyed him to the watch-house, where he was charged with stealing a quantity of brass from the Cleveland Foundry, on the 17th inst. Defendant made no reply. Witness handed him over to the watch-house keeper. When witness was leaving the watch-house defendant said “My swag is under Allen’s Bond.” About noon on the 18th witness went to Allen’s Bond, and saw two swags there, but did not touch them. Witness afterwards had a conversation with Percy Minon, in consequence of which witness went to Abdul Barek’s shop in McIlwraith-street. He also told witness something in consequence of which he went in search of Stephen Bundy. At 4 pm on the same day, witness saw Stephen Bundy under Allen’s Bond rolling up a swag, which was one of the two witness saw under the Bond at noon that day. Defendant put the swag on his shoulder and went to walk away. Witness told defendant he belonged to the police, and asked if the swag was his. He replied, “Yes, I have been camping under the Bond for the last three nights. I am now going away to work.” Witness asked defendant if he slept there on the night of the 17th. He replied “Yes.” Witness asked who the other swag belonged to. He replied, “A man, Baxter, who came with me from Lucinda Point, owns it. Witness asked what time he left the Bond on the 18th. He replied, “I don’t know.” Witness asked where he went and he replied, “To the jetty wharf.” Witness asked where he went from the jetty wharf, and he replied, “To the Victoria Park Hotel.” When asked the time he said “I don’t know.” Witness asked where he was between 8.30 and 9 pm on the 18th. He replied, “I really could not say where I was.” Witness told defendant a complaint had been made to the police that a quantity of brass had been stolen from the Cleveland Foundry on the 17th inst, and that a man answering to his description had been seen carrying a quantity of brass in McIlwraith’s-street, between 8.30 and 9 am on the 18th inst, and afterwards offered for sale a quantity of old brass to one Abdul Berak and was afterwards seen carrying same down a lane into Palmer-street. Defendant said, “What kind of clothes was I wearing?” Witness [text illegible] wearing brown trousers, and brown sweater. Defendant replied, “It was not me.” Defendant accompanied witness to the Senior- Sergeant’s office, and there witness arrested him and conveyed him to the watch-house, and charged him with stealing a quantity of brass, the property of William Duncan. It was about 150 yards from the foundry to Allen’s Bond. Witness produced the brass.
By defendant Baxter: Defendant Baxter did not tell witness the man who gave him the brass came from Bowen in a cutter.
By Defendant Bundy: Defendant Bundy did not tell witness that he slept in his own house on the night of the 17th inst.
William Henry Swails, works manager in the employ of William Duncan, of the Cleveland Foundry, South Townsville, deposed that on the 17th inst he left the foundry at 5.30 pm, and saw some old brass in the foundry, the property of William Duncan; the brass was in the moulding shop. On the following morning, the 18th, when witness went to work as usual, and in consequence of something I was told he saw that some brass was missing; it was the brass he had seen the previous evening. Witness searched for the brass, but being unable to find it reported the matter to Mr Duncan. Witness afterwards saw the brass in the watch-house on the 21st inst (witness identified the brass produced) and valued it at £5. Witness had never sold or disposed of the brass, nor did he authorise the defendants to remove the brass from the foundry.
By Defendant Baxter: Witness gave a description of the brass to the police except one piece. There were no private marks on the brass, as it did not require it. Witness had seen brass similar to the brass produced.
Albert Medley, a furnace man in the Cleveland Foundry, deposed that he missed the brass on the 18th inst and reported the matter to the foreman (Mr Swails).
William Duncan (owner of the foundry) deposed that he reported the stealing of the brass to the police in consequence of something Mr Swails told him.
Abdul Berak (a dealer in old wares), deposed that defendant Bundy had asked him to buy the brass but he refused.
Percy Minon deposed that he saw the defendants walking towards Abdul Berak’s shop. Defendant Bundy was carrying some brass on his shoulder. Witness saw them soon after and Bundy was still carrying the same parcel. Witness saw Constable Johnston [sic] take possession of a bag and brass in an unoccupied house. It was the same bundle he had seen Bundy carrying.
Harry Redman (a bottle dealer) deposed that defendant Baxter had offered a quantity of brass for sale, but he refused.
Both defendants were committed for trial and each reserved his defence.
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Cairns Morning Post, Wed 19 Aug 1908 3
TOWNSVILLE NEWS.
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Townsville, Tuesday.
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At the criminal sittings of the Supreme Court to-day,
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Mr Justice Chubb, in passing sentence
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James Baxter and Stephen Bundy were found guilty of stealing brass from the Cleveland Foundry, and were sentenced to three years’ imprisonment.
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Townsville Daily Bulletin, Wed 19 Aug 1908 4
NORTHERN SUPREME COURT.
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IN CRIMINAL JURISDICTION.
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The criminal sittings of the Northern Supreme Court opened on Tuesday morning, before his Honor Mr Justice Chubb, with Mr Jameson as Crown Prosecutor, Mr HV Morisset as Associate, and Mr JA Boyce as Sheriff. The legal profession was represented by—Messrs AW Macnaughton, RJ Douglas, JJ Lett, H Henchman, WS Buchanan, CS Norris VJ Daly, DF Downie (Superintendent of Stowart’s Creek Gaol), and Senior-sergeant Henders, representing the police.
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ALLEGED STEALING.
An indictment was presented against James Baxter and Stephen Bundy charging them that on the 17th July, at Townsville, they stole certain brass, the property of William Duncan, and that on the same day they received the brass aforesaid knowing it to be stolen. The prisoners pleaded not guilty, and were not represented by counsel.
The following jury was empanelled: Harry Page, Frederick Diprose, Michael Quirk, Percy Willmett, John Guy, Charles Beale, Henry Clay, CW Stewart, FE Hinspeter, Charles Mays, Arthur Kelly, William Thurling.
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AFTERNOON SITTING.
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In opening, Mr Jameson explained that the prisoners were charged with stealing a quantity of brass. Previous to July 17 they were camped under Allen’s bond store at South Townsville, and had been there two or three nights. On the night of July 17 a quantity of brass to the value of £4 or £5 was stolen from Duncan’s foundry. The police went in search of prisoner Baxter and found him at the shop of a dealer named Redman, where he was bargaining for the sale of some brass. Baxter told the constable that he had acquired the brass honestly and had got it from a clean-shaved, stout man who came in a cutter from Bowen. Baxter than told the constable that the brass was in an empty house in McIlwraith-street, South Townsville, and this was identified as Duncan’s property. The prisoner Bundy was found camped at Allen’s bond store, and ion the morning of the 18th he was seen going to the shop of a dealer called Abdul Barek. Bundy was seen in the company of Baxter carrying a quantity of brass.
William Henry Swailes and A Medley, employees at the foundry, identified the brass.
Constable Johnson gave evidence as to seeing Baxter at Redman’s shop and making inquiries as to where he got the brass.
By Prisoner Baxter: He (Baxter) at that time did not state that he obtained the brass from a man who came up in a cutter from Bowen. Witness did not take Baxter into a Chinaman’s shop on the way to the police office and ask if he was the man who tried to sell the Chinaman some brass.
Prisoner Baxter: Do you believe in God?
Constable Johnson: Yes, I do.
Baxter (in a shocked tone): And you can sit there and say thinks [sic] like that?
Constable: Yes, I can.
By Prisoner Bundy: Witness did not ask his (Bundy’s) mother on the 18th if Bundy was sleeping at home the previous night. She, however, told him that Bundy had not been sleeping at home.
Bundy: Well, your Honor, I want my mother and six sisters here to show that I was sleeping at home.
His Honor: Well, you can have your mother and sixty sisters if you wish, but you cannot stop the case just now.
Harry Redman, a general dealer, said the prisoner Baxter called at his place on July 18th and offered some brass. Witness said he would purchase it if it was not “crook.” Baxter said he got the brass from a man in a cutter. Whilst they were talking the constable called and witness spoke to him outside. Baxter afterwards said if there had been anything wrong the constable would have arrested him. Witness said he would have a look at the brass. Then the constable came back.
Prisoner Baxter: Couldn’t I have got away whilst you were talking to the constable?
Witness: You could not have gone far.
Percy Minon, a lad residing with his mother in McIlwraith-street, said that on July 18 he saw the two prisoners carrying a parcel of brass towards Abdul Barek’s shop, and afterwards saw them going towards the Australian Hotel. Half an hour afterwards witness saw Constable Johnson go with Baxter to an empty house and get the brass. In reply to the prisoners, the witness said he was certain that they were the men carrying the brass.
Abdul Barek, a Mahommed, sworn on the Koran, said that on July 18 the prisoners offered him some brass for sale, but he declined it and the prisoners then took it away.
In reply to questions by prisoner Baxter, it was shown that in the lower Court witness said he could not recognise Baxter.
Prisoner Bundy (to witness): How long have you been out of gaol?
Witness: No, I never see you before. (Laughter.)
Eventually, by questions from the Bench, it appeared that witness had been in gaol some months ago in connection with the purchase of some land.
Maurice, a colored fisherman, identified the prisoners as the men whom he saw carrying brass.
This concluded the case for the prosecution.
Dr Humphrey was called as a witness by Baxter.
Dr Humphry stated that about the middle of last month he examined Baxter in the lockup and he was then in a bad state of health. About nine or ten days later witness saw Baxter in Stewart’s Creek Gaol, when he was suffering from bronchitis. He ordered Baxter to be removed to the General Hospital. On Wednesday last witness again saw Baxter at the gaol, and new he had been in the general hospital since.. Witness did not think Baxter could carry a parcel of 180lb of copper on July 18 for half a mile. In reply to Mr Jameson, witness said there was nothing in Baxter’s state of health to prevent him carrying the brass in small parcels.
The prisoner [James] Baxter addressed the jury, pointing out that he was not an educated man and was under difficulty in having no one to defend him. Referring to Constable Johnson, he said he regarded him as a “stranger to the truth,” and a very distant stranger, too. He could remember many things, but nothing which told in favor of the prisoners. For instance, on the way to the police office, Constable Johnson took him into a Chinaman; shop and asked if he (Baxter) was the man who tried to sel him brass, and the Chinaman said “No.” Constable Johnson denied that, but it was true, and showed that there were two men selling brass and he (Baxter) was not one of them. The witness Abdul Barek in the lower court could not recognise him (Baxter) two or three days after the case, but now he said he could recognise him, though he had been some weeks on his back with sickness. He (Baxter) had no friends here, and no witnesses to call for his defence. He would point out, however, that all the evidence against himself was circumstantial, and mistakes were made in circumstantial evidence. He had been working in Irvinebank and other places, and was suffering from lung complaint. He had a brother in the Dalby Sanatorium, and had himself been recommended to go out west. He arrived at Townsville on the 7th in the Kuranda from Lucinda, and not having much money, and having been recommended to sleep in the open air, he put his swag under Allen’s don and went to sleep there between 8 and 9 o’clock that night. In the morning he went to a restaurant in Flinders-street and fell in with a man who asked him if he knew where he could sell some brass, and offered him a commission on it if he sold it. The man said he had tried to sell the brass and now had dit in an empty house in McIlwraith-street. Witness went to Redman’s to try and sell the brass, and whilst they were talking the constable came. After speaking with Redman the constable went away, but returned and asked witness where he got the brass. He told the constable, and also told the Sergeant later where the brass was. He would swear to his God he never touched the brass or set eyes on it until he told the constable where it was. He had only his bare statement. He had been knocking round a good deal and this was the first time he had been charged with an offence like this. In the state of his health he had no more hope of carrying the brass than he had of flying. Was it likely he would run the risk of imprisonment for the sake of a few shillings? He did not say that the boy Minon swore falsely; he might have made a mistake. But he would say that Constable Johnson swore falsely. He would ask the jury to take a lenient—no, to take into consideration that he had to battle on his own, and was not like a barrister who could tell a good tale. He had to battle in his tinpot way and had no witnesses. As to circumstantial evidence, there was once a boy he knew who was very fond of custard. This boy had a father and mother, and his father was very fond of custard too. The boy came home from school one day when his mother and father were away. He went to the cupboard and saw a nice dish of custard there. He knew if he touched the custard he would get a good hiding. Then he saw the cat, and a thought struck him. He ate the custard all but a little, and then caught the cat and put its face in the dish and locked the cupboard. When his parents came home his mother went to the cupboard and found the custard gone. Then they saw the cat and the father caught it and gave it to the boy who drowned it. That was circumstantial evidence. He hoped that the jury would give him the benefit of any doubt in their minds.
[Stephen] Bundy said he could only say that he was sleeping at home from July 14, when he came from Ingham, up to the 17th. Constable Johnson stated that he was sleeping at the bond store on the 17th, but the constable could not produce his swag, and he could not have been sleeping there if he had no swag. He could say that he had never seen Baxter until they met at the jockup [sic]. He called attention to different statements made by the witnesses and asked to be given the benefit of any doubts in the minds of the jury.
His Honor, summing up, said the jury would have no doubt that the brass was stolen by someone on July 17—perhaps the mysterious gentleman in the cutter. The question was—was it these prisoners, or if they did not steal it, did they receive it? The evidence for the Crown rested chiefly upon that of the Constable Johnson. The prisoner Baxter said he was commissioned to sell the brass, but had never seen it or set hands on it. If that was so, how did he know enough about to guide the constable to the house in McIlwraith-street where the brass was? His Honor pointed out the manifest weakness of Baxter’s story. The fact that Baxter showed the brass to the constable was evidence that he was in possession of the stolen goods. If the evidence of the boy Minon and Abdul Barek was accepted Bundy on the same day also was in possession of the brass at another hour. The boy Minon said he saw the two prisoners together, Bundy carrying the brass towards the empty house in McIlwraith-street, where it was found by the constable. Personally, he (the Judge) thought that if the jury believed that one of the prisoners was guilty they would be justified in believing that both were guilty. Bundy said he never saw the prisoner Baxter until the evening of the 18th in the lockup. If they accepted the evidence of the Crown witnesses, this was a “whopper,” as the two men were seen together, and in his first statement to the constable Bundy stated that he had come down from Lucinda with Baxter.
After 10 minutes’ retirement the jury returned to Court with a verdict of guilty on both counts against the prisoners.
The prisoners were asked if they had anything to say why they should not be sentenced, but neither made any reply.
His Honor said that both had been found guilty by and jury, and it was not their first offence. Baxter told and jury solemnly that he had never been before a Court of Justice before. He accused the constable and other Crown witnesses of perjury, but did not hesitate to commit perjury himself. Baxter said he was innocent, and had never been tried before, but Judge Mansfield in 1904 sentenced him to imprisonment for two years for stealing, which sentence was suspended under the Code. In 1905, before the terms of that sentence had expired, he (Judge Chubb) had sentenced him to two years on another charge. As for Bundy, he began in 1902, and got six months on two charges of stealing from the Police Magistrate in Townsville, and in 1905 was sentenced to six months for obscene language—which might not be considered a very serious offence, seeing how very common it was. On the same occasion that Baxter had previously appeared before him (Judge Chubb) Bundy was also sentenced on two charges.
[James] Baxter at this stage asked leave to speak, and permission being granted, he stated that he hade been in a bad state of health from fever and lung disease, and since he had been arrested he had been in the hospital. Whilst in the hospital, gasping for breath, and with a priest alongside him, he had taken more consideration of his life than ever before.
His Honor said the impression did not remain with him very long, when he could stand up and say what he did of the Crown witnesses.
Baxter, continuing, said at that time in the hospital he asked his God above to allow him to live to reform his life, and he intended to. If the Judge would only be as merciful to him as God had been he would promise never again to get into trouble as long as he lived. He asked for leniency on account of his health.
His Honor: Well, why didn’t you own up to it?
Baxter said he had endeavoured to get out of it, but he had sworn to his God and had promised his priest that he would reform his life, and if the Judge dealt leniently with him he undertook to make the promise good. He did not expect to live to be an old man, and a few years in gaol now would break him up. He asked for sympathy on that account, and this case would be a warning to him.
His Honor said it was a pity he did not take the warning before. Both men had been convicted twice before. It was not a case in which he could deal leniently. In Baxter’s case leniency on account of his health must come from the Governor-in-Council. He would give Baxter a good deal less than he could give for the offence, and would not give Bundy any more. Both would be sentenced to three years’ hard labor in Stewart’s Creek Gaol. He advised the prisoners not to come before him again, for if he had not the power of inflicting indeterminate sentences he would give a pretty long one which would mean that they would have the benefit of an indeterminate sentence.
The Court then rose till 10 o’clock this morning.
Stephen Brown, 1920
The Western Herald and Darling River Advocate, Sat 20 Mar 1920 5
BOURKE DISTRICT COURT.
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Before His Honor, Judge Armstrong.
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On Wednesday last Bedford Taylor and Weston sued A Simpson for a sum of £30 11s 9d paid in error. The jury returned a verdict for plaintiff. Mr WP Kelly appeared for plaintiff and Mr G Bolton for defendant
In the case CJN Stephenson v. Bedford Taylor and Weston, by consent a verdict for £30 11s 9d for plaintiff was given. Mr Crawford appeared for plaintiff.
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BOURKE QUARTER SESSIONS.
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Before His Honor, Judge Armstrong.
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On Thursday two criminal cases were heard before Judge Armstrong. Mr TS Crawford was Crown Prosecutor.
Brewarrina case:—SA Bromley was charged with alleged larceny of two horse collars. The jury acquitted accused without leaving the box.
Wanaaring case:—Stephen Brown [aka Stephen Bundy] was charged with attempting to commit an unnatural offence [assaulting George Gleeson, 10, with intend to commit the crime of buggery]. A verdict of guilty was returned and accused sentenced to 12 months imprisonment.
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Stephen Brown, Gaol photo sheet 6
![SRNSW: NRS2258, [3/5994], Grafton Gaol photographic description book, Jun 1910-Nov 1922, No. 297, p. 109, R5125.](../../images/trials/1920-Brown-5994-gaol-photo-297.jpg "SRNSW: NRS2258, [3/5994], Grafton Gaol photographic description book, Jun 1910-Nov 1922, No. 297, p. 109, R5125.") |
Gaol Photo Sheet - Transcribed Details
No. 297
Grafton
Date when Portrait was taken: 8-4-1920
Name: Stephen Brown
(aka Stephen Bundy)
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Native place: England Year of birth: 24-8-1886 Arrived Ship: not known Trade or occupation Religion: RC Education, degree of: R & W Height: 5' 6" Weight On committal: 144 Colour of hair: Brown Colour of eyes: Blue |
Marks or special features: Crown, two Angles on right upper arm. A wreath and Girl in Swing, Coat of Arms on chest |
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(No. of previous Portrait ... ) CONVICTIONS |
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Where and When |
Offence. |
Sentence |
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Townsville PC ditto ditto Townsville Q.S Bourke Q.S |
6 10 22 18 18 |
9 4 8 8 3 |
1902 1905 1905 1908 1920 |
Stealing 2 charges Obscene Language Stealing 3 charges Stealing Attempt to commit Buggery |
3 months HL Concurrent £2 or 3 months HL 2 months HL Concurrent 3 years HL 12 months HL |
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Neg[ative] Broken |
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1 Townsville Daily Bulletin, Tue 21 Jul 1908, p. 5. Emphasis added.
2 Townsville Daily Bulletin, Tue 28 Jul 1908, p. 2. Emphasis added. The quality of the on-line and hard copy of the newspaper article is very poor, hence some text is illegible and replaced with [text illegible].
3 Cairns Morning, Post, Wed 19 Aug 1908, p. 5.
4 Townsville Daily Bulletin, Wed 19 Aug 1908, p. 7.
5 The Western Herald and Darling River Advocate, Sat 20 Mar 1920, p. 2. Emphasis added.
6 SRNSW: NRS2258, [3/5994], Grafton Gaol photographic description book, Jun 1910-Nov 1922, No. 297, p. 109, R5125.