The Wellington Times, Thu 1 Apr 1920 1
DEPARTURE OF MR PERRY, PM.
REFERENCES AT WELLINGTON.
At the conclusion of the business at the Police Court on Tuesday morning, Mr Kelly, on behalf of the Wellington legal profession, offered his congratulations to Mr [Arthur Reginald] Perry, PM on his promotion as SM to Broken Hill. Mr Kelly referred to the cordial relationship that had always existed between Mr Perry and the legal profession, not only in Wellington, but right through out the Western district. Mr Perry had always given careful consideration to the evidence tendered, and always carefully considered his decisions. The legal profession was pleased to learn that Mr Perry had been promoted, and hoped that ere long he would receive further promotion as SM to Sydney, a position he was well fitted for.
Mr AC Lee, on behalf of the honorary magistrates, also congratulated the PM on his promotion. He remarked that the PM’s judgments were always sound, just and merciful. Mr Perry was well spoken of by the public generally, and he went away to Broken Hill with the best wishes of the whole community.
Sergt. Williams, on behalf of the police congratulated his Worship on his promotion to a higher position. They were all very sorry to lose him as he had been a good friend to the police. Mr Perry was a fair-minded man in every way, and was ever willing to give the police advice and assistance in court.
Mr Davidson, on behalf of the office staff, also offered congratulations.
Mr Perry thanked the various speakers for their kindly expressions of goodwill. It had always been a pleasure for him to preside at the courts in the West, for he had always received courteous respect at the hands of the legal profession, the latter being always eager to assist him in every way. There had always been harmony and little or no friction in his court work. He had always received valuable assistance from the police, who were a fine body of men, and the force in Wellington was no exception. The office staff had always been willing to render what assistance it could to him, and he thanked them one and all. The police magistrate also thanked the press for the faithful reports that had been made of cases in which he had presided, also for their kindly references to him. The press was one of our greatest institutions, and they were blessed with having a free press which should have the support of the whole community. In conclusion he said he could not adequately express his feelings, as there were some things he could refer to but his official position barred him.
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Depositions for Alfred Davis 15 Apr 1920 Dubbo trial 2
(a) Town. |
Letter from Bench of Magistrates at (a) Wellington |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Rex v. (b) Alfred Davis |
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(c) Offence. |
(c) Indecent assault on a girl under the age of sixteen years |
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(d) Town. |
Petty Sessions Office, (d) Wellington, NSW |
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31st March 1920 |
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Sir, |
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(e) Name of accused |
case of (e) Alfred Davis |
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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) Circuit Court |
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to be held at (h) Dubbo |
on Wednesday |
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(h) Town where Court |
the 14th day of April 1920 |
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The accused is (i) confined in the Lockup at Wellington pending removal to Bathurst or receipt of Bail. (Bail allowed Self in £80 with one surety in £80 or two in £40 each.) |
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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) Eliza Ann Davis of Wellington Married woman (wife of Alfred Davis) – John Edwin Williams of Wellington Sergeant of Police. – Eliza Ann Davis has also been bound over in the sum of £40 for the due appearance of Emily Jane Davis at the trial.
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(l) Short description to enable identification. |
The Exhibits enclosed are (l) Exhibit “A” Birth certificate. Exhibit “B” Statement by Eliza Ann Davis, and Exhibit “C” Statement by Emily Jane Davis. |
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I have the honor to be, |
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[Signed] P[ercival] E[dward] B[rownrigg] Barnett |
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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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12th April, 20
WP Kelly, Esquire, Solicitors
Wellington, New South Wales
Dear Sir,
Rex versus Davis.
In reply to your letter of the 10th instant, I beg to forward herewith subpoenas for Ann Sherringham, George Urquhart and E Stewart, on behalf of the defence in the above case.
Yours faithfully, Acting Clerk of the Peace.
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WP Kelly Solicitors
Wellington, New South Wales
10th April, 1920
The Clerk of the Peace, Clerk of the Peace Office, Sydney
Dear Sir,
Rex versus Davis
I require subpoenas for the defence of the above named accused who is to stand his trial at the Dubbo Circuit Court to be holden at Dubbo on the 14th instant. The names of the witnesses are as follows and I would thank you if you would let me have subpoenas by return post.
Ann Sherringham married woman Wellington, George Urquhart wood yard proprietor Wellington, E Stewart carrier Wellington.
Yours faithfully, [Signed] WP Kelly.
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Clerk of Petty Sessions,
Dubbo.
Re Davis Supreme Court Dubbo have copied depositions prepared for Kelly Solicitor Wellington.
Acting Clerk of the Peace.
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Kelly, Solicitor,
Wellington.
Re Davis original depositions posted to Dubbo on 9th instant. Have requested Clerk Petty Sessions there to make necessary copy.
Acting Clerk of the Peace.
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Urgent Telegram
Commonwealth of Australia
To: Clerk of the Peace
Wellington Rex versus Davis trial Dubbo Circuit Court forward copy depositions and exhibits Wellington not later than Tuesday.
[Signed] Kelly Solicitor
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NEW SOUTH WALES POLICE.
Western District,
Wellington Station.
5th April, 1920.
Report relative to antecedents of:–
Name: Alfred Davis, aged 38 years.
Offence: Indecently assault his daughter Emily Jane Davis aged 11 years and three months.
Committed for Trial at: Dubbo Circuit Court.
Date: 14th April, 1920.
I beg to report that the offender is a married man the father of five children, Emily Jane being the eldest. His wife and family live at Wellington, he works on a station and comes home at each weekend. Owing to some difference between them the wife has refused to have sexual intercourse with him for the last twelve months, but performs all the other duties of a wife. He was born at Menindie, but has been about Wellington for the greater part of his life. He is a member of the Salvation Army, and attends their meetings regularly. There is nothing known against his character, his associates are good, principally members of the Salvation Army. He is regarded as being of rather weak intellect.
His fingerprints were forwarded to the Inspector General of Police on 19.3.1920 and not identified at the Fingerprint Branch.
[Signed] JE Williams, Sergeant 1st Class.
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Court House, Wellington.
31st March 1920.
Image: NSW State Library collection. Reproduction: Peter de Waal
The Clerk of the Peace, Sydney.
Subject:– Rex versus Alfred Davis – committed to Circuit Court Dubbo on 14th April 1920.
Reference:– My letter to you of this date forwarding the depositions herein.
The accused has this afternoon been released on bail. The particulars of which are as follows:– Accused in the sum of £80 with his sureties Alfred May of Wellington butcher and George Alexander Urquhart of Wellington wood merchant in the sum of £40 each.
The Recognizance and Affidavits are enclosed herewith.
Yours faithfully,
[Signed] PEB Barnett, Clerk of Petty Sessions.
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Recognizance of Bail on Committal for Trial.
State of New South Wales, Wellington
TO WIT. }
Be it remembered, that on the 31st day of March, in the year of Our Lord one thousand nine hundred and twenty – Alfred Davis of Horse Shoe Bend- Curra Creek Road Wellington, in the State of New South Wales, labourer George Alexander Urquhart of Wellington in the said State, wood merchant and Alfred May, of Wellington in the said State, butcher personally came before me, the undersigned, one of His Majesty’s Justices of the Peace for the said State, and severally acknowledged themselves to owe Our Sovereign Lord the King the several sums following (that is to say); the said Alfred Davis the sum of eighty pounds; and the said George Alexander Urquhart and Alfred May the sum of forty pounds each, of good and lawful money of Great Britain, to be made and levied of their several goods and chattels, lands and tenements, respectively, respectively, to the use of our said Lord the King, his Heirs and Successors, if he the said Alfred Davis shall fail in the condition indorsed.
[Signed] GA Urquhart, A May, A Davis.
Taken and acknowledged, the day and year first above mentioned, at Wellington, in the said State, before me.
[Signed] PEB Barnett, JP.
CONDITION IN ORDINARY CASES.
The condition of the within written Recognizance is such, that whereas the said Alfred Davis was on the 30th day of March 1920, charged before Arthur Reginald Perry Esquire, Police Magistrate Esquire, one of His Majesty’s Justices of the Peace for the said State, with indecent assault on a girl under the age of sixteen years. If therefore the said Alfred Davis will appear at the next Circuit Court to be holden at Dubbo in and for the State of New South Wales, on Wednesday the 14th day of April 1920, at nine of the clock in the forenoon, or at such other Court to be holden at such place and time as the Attorney General may appoint, of which such last mentioned Court the said Alfred Davis shall receive due notice, and then and there surrender himself into the custody of the keeper of the gaol there, and plead to such information as may be filed against him for or in respect of the charge aforesaid, and take his trial upon the same, and not depart the said Court without leave:– Then the said Recognizance to be void, or else to stand in full force and virtue.
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AFFIDAVIT OF JUSTIFICATION 3
Name of Defendant— Alfred Davis
Offence— Indecent assault on girl under 16 years of age
This Deponent, Alfred May; George Alexander Urquhart being duly on oath saith:— I am a Butcher; Wood Merchant I reside at Maughan Street Welling; Parkes Street Wellington and have resided there for the past three months; have resided there for the past seven years. I own a butchers business situate in Maughan Street Wellington, three butchers carts, three horses, 1 sulky; one wood cutting engine, one cart and horse, scale for weighing wood which is now at the address, of the value of three hundred; of the value of two hundred pounds, over my just debts and liabilities. There is no encumbrance of any kind whatever on the said Butchers business carts and horses; Engine cart and horse or scale.
I am not bail nor surety in any other case at present.
Taken and sworn at Wellington [Signed] A May; GA Urquhart;
in the State of New South Wales,
this Thirty-first day of
March 1920, before me,
[Signed] PEB Barnett JP
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Depositions of Witnesses.
New South Wales, Wellington
TO WIT. }
The examination of Eliza Ann Davis of Wellington in the State of New South Wales, married woman (wife of Alfred Davis) Emily Jane Davis of Wellington in the said State, school girl, and John Edwin Williams of Wellington in the said State, Sergeant of Police taken on oath this 30th day of March in the year of Our Lord one thousand nine hundred and twenty at the Wellington 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 Alfred Davis who stands charged this day before me for that he the said Alfred Davis on the 6th day of March in the year of Our Lord one thousand nine hundred and twenty at Wellington in the said State, did indecently assault one Emily Davis a girl then under the age of 16 years to wit the age of 11 years.
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Witness warned by the Magistrate that she is not bound by law to give evidence against her husband, but she stated that she was anxious to give the evidence.
This Deponent on her oath saith as follows:– My name is Eliza Davis. I am a married woman and reside at Dibbs Street. The accused before the Court is my husband. He lived with me at Dibbs Street. He used to work at Veech’s in the country and come home at weekends. I do not live with him as his wife. I have not lived with him as man and wife for twelve months nearly. My husband usually sleeps on the verandah but when it is stormy he sleeps in the front room. I sleep in a bedroom next to the front room. One girl sleeps in a Clerk of the Peace and the rest sleep in the back bedroom. Those sleeping in the back room are Emily Jane Margaret Alice who was eleven years old last Boxing Day. Harry Williams who is six years. The next is Eliza Elizabeth, and Cecil James three years old on the 3rd July last. The other girl who is twin to Cecil James sleeps in my room. On a Saturday night the night of a heavy storm on the 6th March we were all at home. My husband was then sleeping in the front room. At ten o’clock my husband came home from the town and had a cup of tea with me. We were on friendly terms. He said to me “You can go to bed.” I went to bed. I did not go to sleep. I left the accused in the dining room. He was cutting his nails. I saw the accused cutting his nails through a crack in the door. About ten minutes after the accused put the light out. He went out of the dining room after he put the light out. I then got up and went into the girls’ room and struck a match. I saw the accused with his trousers off. He was just in his shirt and had the girl pulled out of the bed and lying on the side of the bed propped up. The girl’s night gown was turned right up over her back. Her naked body was exposed when I struck the match. The accused had his shirt right up. His person was exposed and erect. The accused had his person in the girl’s back passage. The girl was propped up on her knees on the bed and the accused was over her.
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The accused’s stomach was along the girl’s back. He was standing on his feet. When I struck the match the accused did not leave straight away he was too busy. He had both his hands on his person which was in the girl’s back passage. When the accused first turned to me he did not see me. He did not have his eyes open. He was working himself. He was having connection with the girl. He was working his body. I then said to the accused “This is nice, ain’t it?” He turned round and said “I am doing nothing, I am only picking up bags.” He did not pick up any bags. He then walked out of the room and into the kitchen. The accused had shoved the girl back into the bed and pulled the blankets over her. There was no covering at all over the girl at all when I first struck the match except that she had a blanket pulled over her head. The night garment she was wearing was made of flannelette and was a petticoat. It had been turned up from the bottom. I said to the girl in the accused’s presence “What was your father doing?” She replied “Nothing.” I examined the girl the next morning and found what had come away from the accused inside her back passage. I examined the petticoat. There was something on that. My husband said to me that night “Go to bed I want no rows.” I produce 4 a certificate of the birth of Emily Jane Davis (Exhibit “A”) [see below]. She is the girl who I saw the father tampering with. I said to the accused next morning “I thought you said you did not interfere with Emily.” He replied “Neither I did.” The girl Emily then turned round and said “You did, Dad.” He then said “You are like your mother, a liar.” On the following morning I told Sergeant Williams something at the Police Station.
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By Mr Kelly: I signed a statement for Sergeant Williams. I am 29 years old. I was born at Narrabri. I was married to the accused when I was eighteen years old. For three years and over he has been a sober man. He has given me his wages every week. He was in the Salvation Army. I am not anxious to get rid of my husband. I am anxious to get rid of my children. The week before this offence was alleged to have been committed the accused came home only on the Saturday night previous. I know Paddy Meagher. I went to school at Jawbone and knew Paddy Meagher there. I married the accused from there. I have known Meagher for a long time. Meagher used to come home with the accused. The eldest boy is Harry Davis. He is six years old. I did not tell the boy that he was going to have a new daddy in Paddy Meagher. Meagher used to come to the house when the accused was away. I might have spoken to him there. I did not see any harm in it. I used to talk to him. Meagher did not sleep at my house any night when my husband was away. Meagher has come to my house at night when his mother had sent him there. He used to come at night when the accused was away. One night his mother sent his trousers for me to patch. I did not tell Sergeant Williams about the case on Monday the 8th March. That was the following Monday. I was talking to the Sergeant about my husband then. The reason I’m putting my husband through the Court now is that I could not work and keep the children. Meagher is a single man as far as I know. I have never been in an asylum. When we first got married we went to live in the bush at Peter Harris’s. We have lived in this district pretty well all the time since we were married. I left off having cohabitation with my husband when I came from the hospital after having had inflamation of the bladder and kidney. I did not sleep with him because I have seen him driving other women
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about. I am jealous of him. I was in the hospital for fourteen days. I did not forgive my husband for going with other women. I have been very bitter against him since. I do not know why I looked at my husband through the crack in the door. He was cutting his toe nails. I went to bed. I was lying down for about ten minutes. I did not try to go to sleep. He was in the dining room. I thought it funny that my husband should sit there so long and that it [is] why I went to the crack in the door. I saw him paring his toe nails through the crack in the door. I then went back to bed. He still sat there. I did not have light in my room. The accused had a lamp. I was going to go to sleep. I did not go to sleep because the light was alight. I was in bed this time about ten minutes. After the accused put the light out I got up again. I got up to see where the accused was. I walked out and struck a match in the girl’s room. That is not the room the accused sleeps in in bad weather. I struck a wooden match. It went out not long after I struck it. It was not alight long. I did not see anything before I struck the match. The girl was on her knees propped up. Her hands were on the bed and she was lying on them. The blankets were just across her neck. The petticoat was over her back. The accused was lying on her. I was standing just behind him. The match was alight at this time. I was only about a yard behind the accused. I did not say anything at first. He was just about to finish when I got there. The accused had his feet on the floor. He had his flesh against her. I am quite sure his person was erect. I noticed that his person was stiff from where I was standing. I saw his person in her back passage. I could see that from where I was standing. I saw it all within a few minutes. His person was in her back passage. I did not tell Meagher what took place. I said to my husband when he turned round “This is nice, ain’t it?”
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I saw him in the position for a few minutes and did not say anything to him. When the accused turned round I saw his person. It was exposed and erect. The accused had a dark flannel on. Mrs May and Mrs Selby live close to me. Urquhart the woodman lives about 75 yards away. Mr Stewart lives in Parkes Street. I examined the girl the next morning. I found semen in her back passage. It would be about half past eight when I examined her. The girl and myself were both up before the accused. He was lying down not asleep. I examined the girl just after breakfast. I said to her before the accused got up “I want to have a look at you.” I afterwards took her into the room. I examined the petticoat she was wearing on the night. It had white streaks on it. I washed the petticoat the next morning. I looked at the petticoat because I thought that the girl may have wiped herself on it. I washed the petticoat because I did not think it would be wanted. The accused went to work on the Monday morning. I went to the Sergeant that day. I did not say anything about it then. My husband gave me a beating three or four weeks ago. He did not give the child a beating during the past month or so. I told my husband about four years ago that Meagher had no right to come to the house. I said it would only cause rows. I do not know why it would cause rows. The accused did not row with me during the past month about Meagher. I patched Meagher’s trousers about three times altogether. I have patched my husband’s trousers. I did not want to have the accused put through th court and therefore did not take action. The Inspector told me that the children could not be sent away whilst I and my husband were alive. I then took this action. The girl did not scream out. Nothing attracted my attention in any way to make me go to the room.
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I do not remember any person coming to my house that Sunday. The accused went to Meagher’s after breakfast and only came back for dinner. Meagher lives close and I could see him. My husband went away after dinner.
To Police: My husband earns 30/- per week and gives me 25/- per week. I pay 8/1 for house rent. That leaves 16/11 for me and five children. I used to earn money as a washer woman. I do some washing now. I had to pass through my husband’s room on the night to go to the children’s room. I went into the room. I did not hear the accused go to bed. My husband has now rowed with me during the past three months, about Meagher. Meagher has not been near me since my husband has been in the lock up. I did say something to Sergeant Williams on the Monday about my husband in connection with the children. I said to the Sergeant “My husband is not a fit person to have the custody of the children and I have reason for saying so.” I only struck one match in the room. I saw all whilst that one match was burning. I was in bare feet. I went quietly into the room.
To Bench: The accused had his person right into the folds of her buttocks. The girl was all red in the back passage. That was on the Sunday morning. She said to me before I examined her that it was sore. There was no interference with the vagina.
[Signed] EA Davis.
Taken and sworn at Wellington, this 30th day of March 1920 before me.
[Signed] AR Perry, PM.
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This Deponent on her oath saith as follows:– My name is Emily Jane Davis. I am a school girl and reside at Dibbs Street Wellington with my mother and father, the accused. I remember the night of a big storm. I was at home that night. After the storm started I went to bed with my brother Harry and my brother Cecil. There was no-one else to sleep in the room. My mother sleeps in her own bed and the accused sleeps on a canvas bed in the front room or on the verandah outside. The accused was cutting his toe nails when I went to bed. I went to sleep as soon as I went to bed. I felt someone pulling me out of the bed. Someone then pulled the blankets over my head. I was half asleep and half awake and I looked round and saw the accused. He then put his person in my back passage. I pulled out of the bed. My mother then came in and struck a match. My mother said “This is nice ain’t it?” The accused said “I was not doing anything, I was picking up bags.” He then pushed me into bed and went out of the room with my mother. I had my head on the bed and my feet on the floor. The accused was at the back of me. The accused pushed my night dress up. I could feel his flesh near mine on the back. My legs were apart. The accused’s legs were between my legs. They were bare. I could tell they were bare because they were against mine. He said to me “If you sing out I will hit you.” I was going to call my mother. My head was on the bed and the blankets over it. The accused’s person was in my back passage. It hurt me. It did not make me cry. I was not properly awake. It had not been going on very long. My father the accused whispered to me when he said “If you sing out I will hit you.” I did not hear my mother coming. There was no light in the room but the light my mother struck. The other children did not wake up. The accused has not done this before. No-one told me to tell this story.
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By Mr Kelly: I do not like my father. I am not fond of him. I have had a set on my father for a good while now. It is for a long time. I don’t like him at home. I would like to see him away from home altogether. “Anew daddy” has not been spoken of at home. My mother has not told me she would like to see my father away. He has beaten me a lot of times. My mother has seen him beating me. It was for not doing as I was told. I would like to see my father away because he hits mother and me too. I have known Paddy Meagher ever since he has been living where he lives now. It is not far from home. He lives with his mother. He is often up at my place. That is in the daytime. I saw him there at night on one occasion. He would be there in the daytime sitting talking to mother. He would not be there long. I was in bed the night he was there. My other brothers and sisters were in bed. My mother and Meagher were in the kitchen. I saw them through the open door. I did not hear my little brother Harry tell Billy Urquhart that he was going to get a new daddy. When I went to bed the accused was in the front room cutting his toe nails. There is a door into the front room from the verandah but that was closed. I went to bed at about half past seven o’clock. I went to bed about half an hour after tea. When he finished his tea he went in and started to cut his toe nails. He had just his shirt and trousers on. I saw him cutting his toe nails at about half past seven. My mother was then getting Alice ready for bed. I was sleeping at the top of the bed and the two boys were at the bottom of the bed. My sister was sleeping with me. I pulled to the side of the bed. After my legs were on the floor I felt the blankets pulled over me. My little sister did not awaken. I was frightened. I was going to sing out. I was going to sing out for mother. I did not know why I did not sing out to my father. My father was in with me for about
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ten minutes before mother came. I call the person the thing when I am talking to other little boys. My father would have his person in my back passage for nine or ten minutes when my mother came. I remember telling my mother that my father had done nothing. That was a lie. My father did have his person in my back passage. I said nothing about it till my mother spoke to me in the morning. That night in the room my mother said to me “Did he do anything?” I said “Yes.” When we were having breakfast I asked if I would go to Sunday School. My mother said “No, after last night.” My father the accused then said “You are a liar like your mother.” My father went out after breakfast. I think he went to the Salvation Army. I stayed at home all that day. I did not go out all day. It was a blue dress that I was wearing that night. It had little white flowers in that. It was of print. That is what I had on in bed. I put another dress on and mother washed it just after breakfast. I wore an old checked dress. Mother washed it for me to go to bed in the next night. It is not usual to go and wash the dresses on Sunday. Before breakfast I had a wash and went about my work the same as every other day. The accused wet his finger and put it on his person. I peeped round and saw him before he put the blankets over my head. He had his person out of his back passage [sic] and he wet his finger and put it in my back passage. I felt wet before my mother came in. His person was not in my back passage when my mother came in. My mother examined my back passage a long while after breakfast. That was before she washed the dress. I went to bed on the Sunday night. I was talking to Paddy Meagher on the Sunday. He was there after dinner. My mother and Meagher were talking out in the kitchen that afternoon. He was not there very long. My father was away.
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To Police: I wear the little blue dress always as a night dress. I do not wear it at daytime. The accused was in the room a long time. That was before my mother came in.
By Bench: I have talked with my mother about this case. She did not tell me to say what I have said today. My mother only told me to tell the truth. I am speaking the truth.
[Signed] Emily Davis.
Taken and sworn at Wellington, this 30th day of March 1920 before me.
[Signed] AR Perry, PM.
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This Deponent on his oath saith as follows:– My name is John Edwin Williams. I am a Sergeant of Police stationed at Wellington. At about 8.30 pm on the 18th instant Sergeant Tracey brought the accused to the charge room at Wellington. I cautioned him and said “There has been a serious charge made against you by your wife and daughter.” I then read and [sic] statement taken from each of them. I produce the statement 5 from the mother (Exhibit “B”) [see below] and that from the girl 6 Emily Davis (Exhibit “C”) [see below]. I do not remember what the words were that the accused used but it was something about it being a false charge. It was words to the effect that the charge was not true and that his wife wanted to get rid of him. I said to him “What were you doing in the room?” He said “I went in to get an old coat to put over my bed.” I said “Why did you put the light out in your room before you went in?” He said “Oh, I often do that and have a look round of a night with the light out.” I then charged him as he now stands charged. He made no reply.
No questions by Mr Kelly.
[Signed] JE Williams.
Taken and sworn at Wellington, this 30th day of March 1920 before me.
[Signed] AR Perry, PM.
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John Edwin Williams (recalled) on his former oath saith as follows:–
By Bench: The Police did not have the complaint till the 15th March (about). The reason I did not have the girl examined was that the length of time that had elapsed was too long. The Government Medical Officer was spoken to about it.
By Mr Kelly: It was the 15th March that the complaint was made.
[Signed] JE Williams.
Taken and sworn at Wellington, this 30th day of March 1920 before me.
[Signed] AR Perry, PM.
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(F. 2 – “Justices Act, 1902.”)
Statement of the Accused.
State of New South Wales, Wellington
TO WIT. }
Alfred Davis (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 30th day of March in the year of Our Lord one thousand nine hundred and twenty for that he, the said defendant, on the 6th day of March 1920, at Wellington in the said State, did indecently assault one Emily Davis a girl then under the age of 16 years to wit, of the age of 11 years and the said charge being read to the said defendant, and the witnesses for the prosecution, Eliza Ann Davis of Wellington, married woman (wife of Alfred Davis) Emily Jane Davis of Wellington school girl and John Edwin Williams of Wellington, Sergeant of Police being severally examined in his presence, and (he 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:– “I am not guilty and reserve my defence.”
[Signed] A Davis.
Taken before me and read over to the said defendant at Wellington in the said State, the day and year first above mentioned.
[Signed] AR Perry, PM.
15
G. 190.
New South Wales, Wellington
TO WIT. }
REX.
versus
Alfred Davis
Offence,— Indecent assault on girl under the age of sixteen years
The accused stands committed to take his trial at the next Court of Circuit Court to be holden at Dubbo, in the State of New South Wales, on the fourteenth day of April 1920, 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] AR Perry, PM
JP.
Dated at the Police
Office, Wellington
in the said State,
this Thirtieth
day of March
AD 1920.
4g 416 - 88
16
“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Wellington
TO WIT. }
Be it remembered, that on the thirtieth day of March in the year of Our Lord one thousand nine hundred and twenty John Edwin Williams a Sergeant of the Police Force, stationed at Wellington in the State of New South Wales, Eliza Ann Davis of Wellington in the said State, (wife of Alfred Davis) married woman 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 Wellington in the said State, before me.
[Signed] AR Perry, PM.
The condition of the within written Recognizance is such, that whereas one Alfred Davis was this day charged before Arthur Reginald Perry Police Magistrate, Esquire one of His Majesty’s Justices of the Peace for the said State, for that he did at Wellington in the said State, on the 6th day of March 1920, indecently assault one Emily Davis a girl then under the age of 16 years to wit the age of 11 years.
If, therefore, they the before mentioned persons shall appear at the next Court of Circuit Court to be holden at Dubbo in and for the State of New South Wales on Wednesday the 14th day of April 1920, 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 Alfred Davis for the offence aforesaid, to the jurors who shall pass upon the trial of the said Alfred Davis.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] AR Perry, PM.
17
“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Wellington
TO WIT. }
Be it remembered, that on the 30th day of March in the year of Our Lord one thousand nine hundred and twenty Eliza Ann Davis of Wellington in the said State, married woman (wife of Alfred Davis) personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged herself 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 Emily Jane Davis (her daughter – 11 years) shall fail in the condition indorsed.
Taken and acknowledged, the day and year first above mentioned, at Wellington in the said State, before me.
[Signed] AR Perry, PM.
The condition of the within written Recognizance is such, that whereas one Alfred Davis was this day charged before Arthur Reginald Perry – Police Magistrate – Esquire, one of His Majesty’s Justices of the Peace for the said State, for that he the said Alfred Davis did at Wellington in the said State, on the 6th day of March 1920, indecently assault one Emily Davis a girl then under the age of sixteen year to wit of the age of eleven years.
If, therefore, they the before mentioned person shall appear at the next Court of Circuit Court to be holden at Dubbo in and for the State of New South Wales, on Wednesday the 14th day of April 1920 at nine of the clock in the forenoon, and then and there give such evidence as they know upon and information to be then and there preferred against the said Alfred Davis for the offence aforesaid, to the jurors who shall pass upon the trial of the said Alfred Davis.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] AR Perry, PM.
18
Emily Jane Davis birth certificate – Crown Exhibit “A”
No. of Certificate 23 BIRTHS in the District of Wellington in the State of NEW SOUTH WALES. Registered by Alfred George Chiplin |
||
|
1 |
Number in Register |
564 |
|
2 |
Child: When and where born |
26th December 1908. Wellington |
|
3 |
Name, and whether present or not |
Emily Jane – Not present |
|
4 |
Sex |
Female. |
|
5 |
Parents: Father–Name and surname, rank or profession of the father, age and birth place |
Alfred David, Labourer, 28 years, Menindie, New South Wales |
|
6 |
When and where married, issue living and deceased |
14th March 1908, Wellington, New South Wales |
|
7 |
Mother–Name and maiden surname of the mother, age and birth place |
Eliza Ann Giddings, 19 years, Narrabri New South Wales |
|
8 |
Informant: Signature, description, and residence of informant |
Alfred (his X mark) Davis, Father, Wellington. |
|
9 |
Witnesses: Accoucheur, Nurse, or names of witnesses |
Chas Rygate, Mrs Haywood. |
|
10 |
Register: Signature of District Register, date, and where registered. |
AG Chiplin, 30th December 1908, Wellington |
|
11 |
Name, if added after registry of birth |
------- |
|
I, Percival Edward Brownrigg Barnett do hereby certify that the above is a true copy of an entry in a Register of Births kept at the District Registrar’s Office at Wellington and extracted the Thirtieth day of March 1920. [Signed] PEB Barnett |
||
19
[Exhibit] B 7
Police Station Wellington.
15th March 1920.
Eliza Davis, states I am the wife of Alfred Davis. And reside at Dibbs Street Wellington. My husband works at Veech’s, at Oakleigh, and comes home at weekends. My husband and I have not been living as man and wife for about twelve months. When he comes home he generally sleeps on the verandah, and if it is wet or windy he sleeps in the dining room. I sleep in a room off the dining room by myself. One little girl sleeps in the Clerk of the Peace in my room. On Saturday night week, the night of the 6th of February my eldest girl Emily aged 11 years, and two younger brothers and a little girl aged 6 years, were sleeping in a room off the dining room. My husband came home about teen o’clock that night, I had some tea made. I then made his bed down in the dining room on account of the rain, and went to bed. He was then having something to eat, sometime later, I looked through a crack in my bedroom door and saw my husband cutting his toe nails. Shortly after the light in his room went out. As I did not hear him get into bed, I got up a few minutes after to see where he was, I felt his bed and he was not in it. I then went into the room where the children were sleeping and struck a light. I was in my bare feet. When I went into the room where the children were sleeping I saw my husband lying on my daughter Eliza. My daughter’s head was on the bed with the blankets over her head. She was on her knees. My husband was lying on her. I said to him “This is nice ain’t it.” He then turned around. He only had his shirt on and it was pulled up around his stomach. His person was erect and exposed. When I spoke he said “I was doing anything [sic]. I was only picking some bags up.” At this time my daughter’s clothes were up over back and I could see her naked body. I saw my husband put a blanket over her, shoved her back into bed. I said to my daughter, in my husband’s presence “What did he do to you?” My girl said “He put his thing in my bottom.” My husband said he didn’t. He then went out of the room. I went into the kitchen where he was and he said to me “I don’t want any row.” I then went into my room, shortly after came. He said he wanted his pocket knife. The following morning I examined my daughter and saw traces of semen around her back passage. I then said to my husband “You did interfere with Emily.” He replied “She is a liar like you.” Emily was present and said to her father “You did, and he said he didn’t.” This is the only time I ever knew him to interfere with my daughter Emily.
On the following Monday morning I went to the Police Office and saw Sergeant Williams. I made some enquiries from him about having my children placed on the State and he told me that he did not think it was a case where the State would take the children, where both the parents were in a position to keep them. I told Sergeant Williams that my husband had ordered me to leave home and I told him that I did not consider that my husband was a proper person to have custody of the children. I told him that I had reasons for saying so. The Sergeant then advised me to write to AW Green of the State Children’s Relief Department. The Sergeant gave me the address and told me to put the case before Mr Green. I did not tell Sergeant Williams anything on that day about the father having committed the offence on my daughter as I did not like to.
[Signed] Mrs Eliza Davis.
Witness [Signed] TJ Tracey
20
[Exhibit] C 8
Police Station Wellington
15th March 1920.
Emily Davis states I am 11 years and attend the Public School Wellington. I live with my father and mother in Dibbs Street Wellington. My father’s name is Alfred Davis, he is working out at Mr Veech’s place Oakleigh. On Saturday night week the night of the heavy storm I was sleeping with my two little brothers and my little sister in a back room of our house. My father was at home. When I went to bed he was cutting his toe nails. I went to sleep and while I was asleep I felt someone pull me out of bed. My feet were on the floor and my stomach on the side of the bed. I looked around and saw my father standing at the back of me. He then pulled up my night dress and put the blankets over my head and said “Don’t you sing out.” I did not cry out. My father then leaned over me whilst I was lying on the bed and I felt his person going into my back passage. It hurt me, he was in between my legs and lying on my back. A little while after my mother came into the room and struck a match. My father then got away from me and shoved me into the bed. My father had all his clothes on except his boots. My mother spoke to my father when she came into my room. I don’t know what she said, I heard my father say that he was picking up some bags. My mother said to him “You were not,” he then went out of the room. When I was on the bed I could feel my father’s bare flesh against mine. My mother said to me after she spoke to my father “Wasn’t he doing something to you?” I said “Yes.” The following morning my mother examined me. This is the only time my father ever interfered with me.
[Signed] Emily Davis.
Witness [Signed] TJ Tracey
~ ~ ~ ~ ~
[On the depositions’ cover sheet is the following]
Supreme Court.
Dubbo
14th April 1920
AG’s No. ----
Depositions.
CS’s No. 10
Rex
v.
Alfred Davis
Indecent assault on a girl under the age of 16 years
Committed at: Wellington
on: 30th March 1920
~ ~ ~ ~ ~
Court. Supreme Court Dubbo
Date. 15.4.1920
Cor. Pring Judge.
Plea. Not guilty
Verdict. Not guilty
Judgment.
AM Cohen
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.
~ ~ ~ ~ ~
Buggery
[Initialled] WJC
7.4.20
~ ~ ~ ~ ~
Justice RD Pring’s notebook 9
75
[Dubbo, Thursday 15 April 1920]
R v Alfred Davis – 6 March 1920 buggery of (?) Emily Jane Davis. (2) Indecent assault on girl under 16
Plea not guilty
Kelly for accused
Eliza Davis examined Cohen. Wife of accused. I am willing to give evidence but I am not well and I would rather not give evidence today.
I direct that the witness be examined by Dr Burkitt the government medical officer.
76
Dr Burkitt was then sworn. I don’t think she is unfitted to give evidence.
Witness examined. Live with husband, not as man & wife. He usually slept in front Emily Jane Davis is my daughter 11 years last birthday – born on Boxing Day at Wellington. Husband’s name is Alfred Davis. I don’t know where he was born. We were married in March at Wellington. My name was Giddings – I was 18. Dr (?) attended at birth – nurse Mrs Haywood.
77
Birth certificate put in. My daughter slept in back room off dining room – next to accused’s room. I slept next the dining room on other side. On 6 March we were in these rooms but James Davis (3). H Williams (8) sleep & Eliza (6) sleep in room with Emily. My husband slept in front room – came home at 10. I went to bed, not to sleep. He went into front room cutting his toenails. His light went out in 10 minutes. I got up & went to back room
78
struck a match. He was there. I saw him – only shirt on – beside Emily’s bed – 3 more in that bed. Emily was nearest to him – propped up on her knees in the bed, a blanket over her head – nightdress over her back. I could see all the back part. Accused was with her – shirt up around his waist. He had his person in her back passage. His hands were on her person. I said “This is nice.” Her body was all of a (mess ?). He said “I’m doing nothing, only picking up bags – there were bags in the room.
79
He went out first to the kitchen. He shoved the girl back into bed & pulled the blanket over. I said to the girl “What was your father doing?” She said “Nothing.” Next morning I examined her & found (?) in her back passage what came from him – I did not examine her nightdress. He said “Go to bed I want no rows.” Next morning I said to him “I thought you said you didn’t interfere with the girl.” He said “Neither I did.” Emily said “Yes you did Dad.” He said “She’s like you
80
she’s a liar.” On Monday I went to see Sergeant Williams & had a conversation with him – my daughter was with me.
Cross-examined Kelly. I went to bed about 10.30. Emily went to bed not long before he came home. The other children went to bed early, about 7. After a cup of tea with accused I went to bed & remained there about 10 minutes – I left him in the dining room paring his nails. I looked through a crack in the door into the dining room.
81
He was paring his nails. I had no reason. I went back to bed again & remained there about ¼ hour. I then got up – nothing attracted my attention. I walked out to see where he was. Before I struck the match I saw nothing. It was a wooden match. I was looking at him a minute before I spoke to him. The match was not out. He was up against her. Emily’s legs were on the bed. It is nearly 12 months since I ceased to cohabit – I was in a hospital before that.
82
I was jealous of him – that was my reason. He had other women – I saw him driving them about. I was not bitter against him – I forgave him soon after that he drove them about. I was bad friends with him – I was bitter. I was then anxious to get my children away from him. Emily was wearing a flannelette night dress. I washed it next morning – found nothing on it. I don’t know why I washed it. At the Police Court I said it had white streaks on it. I examined it next morning. I don’t know why I examined it.
83
At the Police Court I said I thought the girl might have wiped herself on it. I don’t know why I washed it. Previous to 6 March I had no rows or words with my husband. He was working at Veech’s station. He brought his wages to me every Saturday night – doesn’t ever drink. I know Paddy Meagher. He lives near not far from us. I knew him at Jawbone. He has not visited me at night when accused was away. He has been there in the daytime. He is single. I have done mending for him – trousers 3 times.
84
Accused never spoke to me about Meagher coming at night. He was not there on the Sunday (7 March) – I might have said he came to my house at night. On 7th accused had his breakfast & went away. Emily & I were up before him – not talking – not ½ hour before him. Accused came back to dinner & then went away. I went down to Mrs Meagher – she was sick. On Monday accused went to work, came home at night & slept on verandah.
85
Went on Tuesday – came back on Saturday 7 gave me his wages – stayed there Sunday 14th. I talked to him & got his meals. Went to work on 15th, arrested on 15th – Monday. There are 2 or 3 overcoats in the girls’ bedroom. Sometimes he put one under his pillow.
Emily Jane Davis examined Cohen. Go to school – live with mother. I remember a big storm one night – Saturday night – I went to bed in the back room – we all sleep in one bed. I sleep at the top. I went to bed about 7 & the others too – all went to sleep.
86
I did not wake up during the night. After When I went to bed father was cutting his toenails. After I was asleep I felt father pulling me out of bed. After a while I saw him – he pulled me on to the floor. My feet were on the floor & my head on the bed. I looked behind & he put a blanket over my head – over my one blanket. He put his legs between mine. Then he put his person in my back passage. It hurt me. I was just going to cry out. He said
87
“If you sing out I’ll hit you.” After a while mother came in & said “This is nice isn’t it.” He said “I wasn’t doing nothing, I was picking up old bags.” Then father & mother pushed me into bed when mother struck the match. He had nothing on his legs – I felt his bare skin on mine. I was ½ awake & ½ asleep when he pulled me out of bed. My back was towards his face.
Cross-examined Kelly. When mother struck the light he didn’t have his person in – It was about over when mother struck
88
the match. Eliza was with me & the boys at foot of the bed – none of the other children woke up. I had a blue print dress on with white flowers. That was the only night dress I had on – next morning mother washed it – when dry she put it away – I wore it on Sunday night. I always wore that dress. My feet were apart – my legs were apart – my stomach & head were on the bed. I had no flannelette night dress there. I was not fond of father.
89
Had a set on him for a long time because he belted me & mother – for not doing what I was told. I would like to see him away from the house altogether. The other children went to bed the same time as I did. Father was then in front room cutting his toenails – he had shirt & trousers on. I think mother was in the front room sewing. Where I know an overcoat father uses for a pillow.
John E Williams examined Cohen. Sergeant. Know Mrs Davis. She came to see me on Monday 8 March. Subsequently she came on Tuesday 16 March – Emily was with her.
90
I took statement (marked A). On night of 18th Sergeant Tracey brought accused to the charge room. I said “Your wife & daughter have made a serious charge against you. I warn you &c.” I then read the statements. When I read the wife’s he said “It’s a put up job, she wants to get rid of me.” I read the girl’s statement & charged him. He made no reply. I said “What were you doing in the girl’s room that night.” He said “I went in to get an overcoat to put over
91
my bed.” I said “Why did you put the light out.” He said “I often do that & have a look around in the dark.”
Cross-examined Kelly. I did not question the girl. 10
B. Statement put in.
Case for Crown closed
For Defence
Accused [Alfred Davis] sworn, examined Kelly. Labourer. 6th March I had tea at home about 10.30 when I came home from town – wife was there. After that I got my stretcher & made it up in front room. Children were all asleep in back.
92
I took up my boots & coat & was about to take my trousers off when I thought of the overcoat. I got it from children’s bedroom. I had 2 shirts & trousers on. I had not been paring my toenails. Wife came in 2 seconds behind me & said “Now I’ve got you my b----y joker.” I said “What have you got.” She said “She You came in here to tamper with Emily.” I said “No I didn’t.” She said “You’re a D----d liar.” Emily was awake then. I said “Emily, did I touch you.” She said “No Dadda.” I stood there a moment &
93
she said to the girl “He touched you didn’t he.” She didn’t answer – I said “Now Emily speak the truth, did I touch you.” She said “No Dadda.” I walked out – I said “It’s too late to be rowing.” I went to bed – didn’t get the overcoat.
Cross-examined Cohen. My wife was growling to herself. I did not tell Mr Kelly about Meagher. I never beat or hit my wife.
Re-examined. I rowed about Meagher coming to my place when I was about.
94
Ann Sherringham examined Kelly. Known accused 20 years – frequently visited my place. He has come when I’ve been away & my girl has been there. I’ve always found him very honorable & reputable.
Edward Stuart 11 examined Kelly. Carrier – known accused 12 years – frequently over home, neighbours. His conduct to his children was good – affectionate father.
Herbert 12 examined Kelly. Wood & coal yard. Known accused 9 years – live close to him – hardworking, sober, very fond of his children.
Case for defence.
Emily Davis to me. Accused had his shirt & trousers on.
Kelly addresses jury
Cohen replies
I sum up
Jury retire at 8.26, return at 9.10
Verdict Not Guilty
~ ~ ~ ~ ~
Dubbo Dispatch and Wellington Independent, Fri 16 Apr 1920 13
CIRCUIT COURT
(Before his Honor Mr Justice Pring.)
Wednesday.
The sittings of Dubbo Circuit Court were opened on Wednesday, before his Honor Mr Justice Pring, who, on taking his seat, announced that Mr WT Lewis had been appointed Deputy Sheriff. Mr Lewis occupied a seat on the Bench. Mr Brown was Associate, and Mr A Cohen Crown Prosecutor.
…
CIRCUIT COURT
(Continued from another Page.)
…
A SERIOUS CHARGE.
Alfred Davis was charged with that he did at Wellington in March 6, 1920, commit an unnatural offence against his daughter, Emily Jane Davis, aged 11 years.
Accused pleaded not guilty, and was defended by Mr WP Kelly.
Accused’s wife, [Eliza Ann Davis] who was a witness for the Crown, complained that she was unwell, but that she was perfectly willing to give evidence against her husband.
His Honor had the witness examined by Dr Burkitt, who stated that the witness was upset, but was not in an unfit state to give evidence.
The case was then gone on with, evidence being given by Eliza Davis, Emily Jane Davis, and Sergt Williams.
Accused gave evidence and denied the whole of the evidence of his wife and daughter.
Evidence as to character was given by J Stewart, Mrs Sherringham, and G Herbert, each of whom gave the accused a good character and described him as being fond of his children.
After addresses by counsel and a summing up by the Judge, which was favorable [sic] to the accused, the jury retired, and returned into court after half an hour’s deliberation with a verdict of not guilty, and accused was discharged.
~ ~ ~ ~ ~
The Dubbo Liberal and Macquarie Advocate, Fri 16 Apr 1920 14
DUBBO CIRCUIT COURT.
The sittings of the Dubbo Circuit Court begun at the Court House on Wednesday, before his Honor Judge Pring. Alroy Cohen acted as Crown Prosecutor, while Mr E Beaver was Associate to his Honor, Mr WT Lewis (Deputy Sheriff) occupied a seat on the Bench.
In all eight cases were set down for hearing.
…
A SERIOUS CHARGE.
Alfred Davis was charged with that he did at Wellington on March 6th, 1920, commit an unnatural offence against his daughter, Emily Jane Davis, 11 years of age.
Accused pleaded not guilty, and was defended by Mr WP Kelly.
Accused’s wife, who was a witness for the Crown, complained that she was unwell, but that she was perfectly willing to give evidence against her husband.
His honor had the witness examined by Dr Burkitt, who stated that she was upset, but was not in an unfit state to give evidence.
The case was then gone on with, evidence being given by Eliza Davis, Emily Jane Davis, and Sergeant Williams.
Accused gave evidence, and denied the whole of the statements of his wife and daughter.
Evidence as to character was given by J Stewart, Mrs Sherringham and G Herbert, each of whom gave accused a good character, and described him as being fond of his children.
After addresses by counsel and a summing up by the Judge, which was favorable [sic] to accused, the jury retired, and returned into court after half an hour’s retirement with a verdict of not guilty, and accused was discharged.
~ ~ ~ ~ ~
The Wellington Times, Mon 19 Apr 1920 15
DUBBO CIRCUIT COURT.
————
DAVIS ACQUITTED.
————
The Dubbo Circuit opened on Tuesday last before Mr Justice Pring.
…
A WELLINGTON CASE.
Alfred Davis was charged with that he did at Wellington on March 6, 1920, commit an unnatural offence against his daughter Emily Jane Davis, aged 11 years.
Accused pleaded not guilty, and was defended by Mr WP Kelly.
Accused’s wife, who was a witness for the Crown, complained that she was unwell, but that she was perfectly willing to give evidence against her husband.
His Honor had the witness examined by Dr Burkitt, who stated that the witness was upset, but was not in an unfit state to give evidence.
The case was then gone on with, evidence being given by Eliza Davis, Emily Jane Davis and Sergt Williams.
Accused gave evidence, and denied the whole of the evidence of his wife and daughter.
Evidence as to character was given by J Stewart, Mrs Sherringham, and G Herbert, each of whom gave the accused a good character, and described him as being fond of his children.
After addresses by counsel and a summing up by the judge which was favorable to the accused, the jury retired, and returned into court after half an hour’s deliberation with a verdict of not guilty, and accused was discharged.
~ ~ ~ ~ ~
The Sydney Morning Herald, Tue 27 Apr 1920 16
COUNTRY NEWS.
———◦———
…
DUBBO.—Memories of the late Mr J Rutherford are recalled by the death of his widow. Mr Rutherford died about nine years ago, after half a century’s life of activity in the west, including Dubbo. Mr Rutherford’s greatest achievement was the establishment of the iron industry at Lithgow.
At the Dubbo Circuit Court, William Smith pleaded guilty to stealing 81 rabbit traps. And 300 rabbit skins, at Gilgandra on January 14 and January 17, respectively. On each charge he was sentenced to 12 months’ imprisonment, sentences to be concurrent. William Hall, a youth, was charged with receiving the 300 rabbit skins, which formed the subject of the above charge, and was sentenced to 12 months. Maurice W Power pleaded guilty to stealing 15 sheep at Cobar, and was sentenced to nine months. Alfred Davis was acquitted on a charge of a serious offence against his daughter at Wellington.
1 The Wellington Times, Thu 1 Apr 1920, p. 3.
2 SRNSW: NRS880, [9/7252], Supreme Court, Papers and depositions, Dubbo, 1920, No. 10. Emphasis added.
3 Two ‘Affidavits of Justification’ were found in the file these have been combined into one above.
4 Mn: Exhibit “A”
5 Mn: Exhibit “B”
6 Mn: Exhibit “C”
7 Mn: Exhibit (“B”) Police versus Davis indecent assault on girl 11 years Wellington Police Court, 30th March 1920. [Signature illegible] Deputy Clerk
8 Mn: Exhibit (“C”) Police versus Davis indecent assault on girl 11 years Wellington Police Court. 30th March 1920. [Signature illegible] Deputy Clerk
9 SRNSW: NRS7563, [7/9778], Judiciary, RD Pring, J. Notebooks Circuit, 1900-21, pp. 75-95. Emphasis added.
10 Mn: had all her clothes except boots
11 E Stewart in transcript of newspaper report, but clearly not that spelling here.
12 George Alexander Urquhart, ibid.
13 Dubbo Dispatch and Wellington Independent, Fri 16 Apr 1920, pp. 1, 2. Emphasis added.
14 The Dubbo Liberal and Macquarie Advocate, Fri 16 Apr 1920, pp. 2, 3. Emphasis added.
15 The Wellington Times, Mon 19 Apr 1920, p. 3.
16 The Sydney Morning Herald, Tue 27 Apr 1920, p. 8. Emphasis added.