1921, Norman Duncombe

Below also see: Stanley Norman Duncombe, 1948

The Armidale Express and New England General Advertiser, Tue 22 Feb 1921 ¹

A SERIOUS CHARGE.
————
PECULIAR AFFAIR IN RAILWAY
CARRIAGE.

Before Messrs E[dward] M[yer] Cohen and A[lfred] Purkiss, JsP, at the Armidale Police Court yesterday.

Stanley Norman Duncombe was charged with, on the 20th February, in a railway carriage between Tamworth and Walcha Road, he did assault one H[erman] F[rancis] McHugh.

Mr CL MacKenzie appeared for defendant.

Constable T[homas] E[dward] Flaherty, of Armidale, stated that about 3.15 am on the 20th he was on duty at the local railway station. On arrival of the Brisbane mail he saw accused in a compartment with two other men. One of the men—McHugh—said to witness, “Constable, this thing indecently assaulted me. I want to have him arrested.” Accused said, “No, I never did anything. I was coming out of the lavatory and fell on top of him.” Witness arrested the accused and brought him to the lock-up. When there, witness said to accused, “You’ve got yourself in a nice mess,” to which he replied, “Yes, I don’t know what made me do it. I must have lost my head. My passion got the best of me and I done it.” Witness asked accused a certain question as to what actually happened, and accused replied, “Oh, I didn’t mean to do it.”

To Mr Mackenzie: The accused was somewhat knocked about when arrested. His face was bleeding and his eye swollen. Accused wasn’t in a dazed condition, though he seemed excited. From what he previously knew of accused he believed him guilty. That was why he remarked, “You’ve got yourself into a nice mess.” McHugh handed him certain letters, which he admitted snatching from accused’s pocket.

Mr Mackenzie: Now, is not McHugh a particular friend of yours?

The constable: It doesn’t matter in this case.

Mr Mackenzie: It does, very much.

The constable: Well, he’s a perfect stranger to me.

The letters had blood on them. Accused only had a ticket to Uralla. McHugh wouldn’t let him get out at Uralla, as there were no police there to arrest him. The other occupant of the compartment was A[ndrew] R[obert] G[ordon] Clarke, a station master in Queensland. Clarke told witness he saw accused indecently interfere with McHugh. He couldn’t remember everything Clarke said. He could remember everything accused said. He didn’t think it necessary to take a written statement from accused. He knew certain things were missing from Werris Creek. He refused to say whether he questioned accused about it.

Mr Mackenzie: I press it, it may shew prejudice.

Mr Cohen: I can’t see what it has to do with this charge.

Mr Mackenzie: Will you take a note of my request?

Mr Cohen: I won’t take this evidence down.

Mr Mackenzie: You won’t take a note that I’ve asked a question and you won’t allow it. Well, I’ll ask the press to do so.

In further reply to Mr Mackenzie witness said he knew accused was a railway man. He didn’t know he was a member of the Orange Lodge or, at the time, that the letters referred to religious matters.

Sergt Jones said the police were not prepared to go further with the case at this stage and sought a remand for eight days for the production of further evidence.

The remand was granted, till Monday next, bail being allowed—self in £80, or two sureties of £40 or one in £80.

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The Armidale Chronicle, Wed 23 Feb 1921 ²

INDECENT ASSAULT ALLEGED.
————
IN RAILWAY CARRIAGE.

On Monday morning, before Messrs EM Cohen and A Purkiss, JsP, an “ordinary drunk” forfeited his recognisance.

Stanley Norman Duncombe was charged with indecently assaulting Herman Francis McHugh in a railway carriage between Walcha Road and Armidale.

Mr Mackenzie (Mackenzie & Biddulph) appeared for accused.

Constable Flaherty stated that about 3.15 am on the 20th instant he was on duty at the Armidale Station. On the arrival of the Brisbane mail train he saw the accused in a compartment with two other men. One of the men, named Herman Francis McHugh, said to witness, in the presence of accused, “Constable, this thing (pointing to accused) indecently assaulted me. I want to have him arrested.” Accused said, “No, I never did anything. I was coming out of the lavatory, and fell.” Witness arrested accused and brought him to the lockup. On arriving at the lock-up he said to accused, “You have got yourself into a nice mess.” He replied, “Yes, I don’t know what made me do it. I must have lost my head.” In reply to another question, accused said, “Oh, I didn’t mean to do it.” He then charged accused, and he made no reply to the charge.

In reply to Mr Mackenzie, the Constable stated that accused had some blood on his face and shirt and his face was swollen. He did not have a swollen eye. Witness could swear accused was not in a dazed condition, but was rather excited. “Several letters were handed to me by McHugh,” said witness, after appealing to the Bench as to whether he had to answer the question.

Witness, in reply to further questions, said McHugh was not a friend of his. He had never seen him before. McHugh told him that he had taken the letters out of accused’s pocket.

Mr Mackenzie asked that the letters be produced, which the Bench allowed.

Witness, further cross-examined, said McHugh told him that he had prevented accused getting out at Uralla because there were no police there.

Mr Mackenzie: Don’t you think you showed bias by telling accused at the lock-up that he had got himself into a nice mess?

The Constable: I don’t think so!

Witness went on to say that the other man in the carriage was named Andrew Robert Gordon Clark. [sic] He was stationmaster at Broome, Queensland. Witness questioned Clark, in the presence of accused, and he said, “I saw him with his hand in the other man’s trouser.” He did ask accused for a written statement, because it was late in the morning, and he did not bother.

Ms Mackenzie asked the constable if he said anything to accused about goods being missing from Werris Creek.

The witness refused to answer the question, and the Bench upheld the objection.

Mr Mackenzie asked that a note of his question be taken. On this being refused, Mr Mackenzie said he would have a report of the proceedings in the press.

A further question was asked the constable as to whether he knew accused belonged to the Orange Lodge at Werris Creek. The witness answered “No.”

Sergeant Jones asked for a remand for eight days.

The Bench granted the remand, bail being allowed, self in £80, and one surety of £80, or two of £40 each.

~ ~ ~ ~ ~

The Armidale Express and New England General Advertiser, Tue 1 Mar 1921 ³

ALLEGED INDECENT ASSAULT.
————
A PECULIAR CASE.

The case in which Stanley Norman Duncombe was charged with having assaulted one Herman Francis McHugh in a railway carriage between Tamworth and Walcha Road was again called on yesterday at the local Police Court, before Mr EM Cohen, JP.

Mr CL MacKenzie (of MacKenzie and Biddulph) appeared for the accused.

Mr HF McHugh, Inspector for Lindley Walker Co-operative Wheat Coy Ltd, stated that he boarded the Brisbane mail train at Tamworth about midnight. Witness said there were two other men on the opposite side of the carriage, and he asked one of them to wake him up at Uralla, as he was very tired and was going to have a sleep. Witness had the whole of the seat to himself, and laid down and went to sleep. Accused was the man he asked to wake him up. Later he (witness) woke up and found himself in an excited condition. He saw accused half lying across him. Accused had interfered with his (witness’) clothing. Witness immediately struck accused several times and remarked, “That’s a nice game to get up to.” Accused whined to let him off and added, “I’ didn’t mean to do it.” Just then the train pulled up at the station and he (witness) called the guard and asked where the nearest police station was where he could give accused in charge. “Why, what’s he been doing?” asked the guard. Witness explained and the guard advised him Armidale was the nearest station where he could get a constable. The guard also offered to take accused to another carriage, to which witness replied, “No, I’ll have this swine here till I can give him in charge.” As the gas mantle had been destroyed witness asked the guard to search accused and see if he had any weapons on him. He (the guard) did so and the accused said he had no weapons. The guard also said to accused: “Did you do this?” to which accused snivelled in the corner with his hands over his face and said something inaudible. Several times between Walcha Road and Uralla accused said, “Let me off, my people are in trouble already. I am going home to my father who is dying.” To this witness replied, “It would be better if he had died before he begot you.” At Uralla the guard fixed a new mantle. Witness presumed accused had deliberately broken the other one. At Armidale, witness gave accused in charge. When the constable asked accused if he committed the offence, accused said, “No, I did not. I was walking across from a window and fell over this man.” On the way to the lock-up accused said, “Oh, I didn’t mean to do it, I didn’t mean to do it. My passion suddenly overcame me.” While in the train accused told him his name was Duncombe and he was head porter at Werris Creek railway station. Seeing some letters sticking out of his pocket, witness pulled them out to see if he was telling the truth. The letters were addressed “Dear Flossie” and signed “Winnie.” They were full of indecencies and were written by a minister named —–

Mr Cohen: I don’t think you need mention the clergyman’s name or go any further into that.

To Mr Mackenzie: No one had since spoken to him about the letters. Witness described the relative positions of the three occupants in the carriage.

Robbery was never mentioned to the guard at all. Witness had been five or six months with Lindley Walker. Prior to that he was with RC Ewing and Co.

Andrew Robert Gordon Clarke, stationmaster Brougham, Queensland, was the third man in the carriage. He recognised both accused and McHugh. A scuffle in the carriage woke him up just before Walcha Road. McHugh said to witness, “This man here had his hand in my pocket,” McHugh then went into the lavatory, and, on returning, struck accused several times. McHugh then told witness accused had indecently interfered with him. At Uralla accused asked McHugh to let him go. Witness corroborated witness McHugh’s evidence as to the giving in charge.

To Mr Mackenzie: He didn’t see anything of the assault and didn’t tell anyone he did. While the train was between Walcha Road and Armidale, McHugh struck accused every time he (accused) tried to say anything. When accused got to Armidale he was in a very frightened and cowed condition.

This closed the case for the Crown, and accused was thereupon committed for trial at Armidale Circuit Court on 20th April.

Bail was allowed, self in £80, and two sureties in £80, or one in £40.

~ ~ ~ ~ ~

The Armidale Chronicle, Wed 2 Mar 1921 ⁴

COMMITTED FOR TRIAL.
————
ASSAULT IN A TRAIN ALLEGED.

Mr CL MacKenzie (of MacKenzie and Biddulph) appeared for the accused.

HF McHugh, Inspector for Lindley Walker Co-operative Wheat Coy Ltd, stated that he boarded the Brisbane mail train at Tamworth about midnight. Witness said there were two other men on the opposite side of the carriage, and he asked one of them to wake him up at Uralla, as he was very tired and was going to have a sleep. Witness had the whole of the seat to himself, and laid down and went to sleep. Accused was the man he asked to wake him up. Later he (witness) woke up and found himself in an excited condition. He saw accused half lying across him. Accused had interfered with his (witness’) clothing. Witness immediately struck accused several times and remarked, “That’s a nice game to get up to.” Accused whined to let him off and added, “I didn’t mean to do it.” Just then the train pulled up at the station and he (witness) called the guard and asked where the nearest police station was where he could give accused in charge. “Why, what’s he been doing?” asked the guard. Witness explained and the guard advised him Armidale was the nearest station where he could get a constable. The guard also offered to take accused to another carriage, to which witness replied, “No, I’ll have this swine here till I can give him in charge.” As the gas mantle had been destroyed witness asked the guard to search accused and see if he had any weapons on him. He (the guard) did so and the accused said he had no weapons. The guard also said to accused: “Did you do this?” to which accused snivelled in the corner with his hands over his face and said something inaudible. Several times between Walcha Road and Uralla accused said, “Let me of, my people are in trouble already. I am going home to my father, who is dying.” To this witness replied, “It would be better if he had died before he begot you.” At Uralla the guard fixed a new mantle. Witness presumed accused had deliberately broken the other one. At Armidale, witness gave accused in charge. When the constable asked accused if he committed the offence, accused said, “No, I did not. I was walking across from a window and fell over this man.” On the way to the lock-up accused said, “Oh, I didn’t mean to do it, I didn’t mean to do it. My passion suddenly overcame me.” While in the train accused told him his name was Duncombe and he was head porter at Werris Creek railway station. Seeing some letters sticking out of his pocket, witness pulled them out to see if he was telling the truth. The letters were addressed “Dear Flossie” and signed “Winnie.” They were full of indecencies and were written by a minister named —–

Mr Cohen: I don’t think you need mention the clergyman’s name or go any further into that.

To Mt Mackenzie: No one had since spoken to him about the letters. Witness described the relative positions of the three occupants in the carriage. Robbery was never mentioned to the guard at all. Witness had been five or six months with Lindley Walker. Prior to that he was with RC Ewing and Co.

Andrew Robert Gordon Clarke, stationmaster at Brougham, Queensland, was the third man in the carriage. He recognised both accused and McHugh. A scuffle in the carriage woke him up just before Walcha Road. McHugh said to witness, “This man here had his hand in my pocket.” McHugh then went into the lavatory and, on returning, struck accused several times. McHugh then told witness accused had indecently interfered with him. At Uralla accused asked McHugh to let him go. Witness corroborated witness McHugh’s evidence as to the giving in charge.

This closed the case for the Crown, and accused was thereupon committed for trial at Armidale Circuit Court on 20th April.

Bail was allowed, self in £80, and two sureties in £80, or one in £40.

~ ~ ~ ~ ~

The Uralla Times and District Advocate, Sat 5 Mar 1921 ⁵

COMMITTED FOR TRIAL.

ASSAULT IN THE TRAIN ALLEGED.

The case in which Stanley Norman Duncombe was charged with having assaulted one Herman Francis McHugh in a railway carriage between Tamworth and Walcha Road was again called on Monday at Armidale Police Court, before Mr EM Cohen, JP.

Mr CL Mackenzie (of Mackenzie and Biddulph) appeared for the accused.

HF McHugh, Inspector of Lindley Walker Co-operative Wheat Coy Ltd, stated that he boarded the Brisbane mail train at Tamworth about midnight. Witness said there were two other men on the opposite side of the carriage, and he asked one of them to wake him up at Uralla, as he was very tired and was going to have a sleep. Witness had the whole of the seat to himself, and laid down and went to sleep. Accused was the man he asked to wake him up. Later he (witness) woke up and found himself in an excited condition. He saw accused lying across him. Accused had interfered with his (witness’) clothing. Witness immediately struck accused several times and remarked, “That’s a nice game to get up to.” Accused whined to let him off and added “I didn’t mean to do it.” Just then the train pulled up at the station, and he (witness) called the guard and asked where the nearest police station was where he could give accused in charge. “Why what’s he been doing?” asked the guard. Witness explained and the guard advised him Armidale was the nearest station where he could get a constable. The guard also offered to take accused to another carriage, to which witnessed [sic] replied, “No, I’ll have the swine here till I can give him in charge.” As the gas mantle had been destroyed witness asked the guard to search accused and see if he had any weapons on him. He (the guard) did so and the accused said he had no weapons. The guard also said to accused: “Did you do this?” to which accused snivelled in the corner with his hands over his face and said something inaudible. Several times between Walcha Road and Uralla accused said, “Let me off, my people are in trouble already. I am going home to my father, who is dying.” To this witness replied, “It would be better if he had died before he had begot you.” At Uralla the guard fixed a new mantle. Witness presumed accused had deliberately broken the other one. At Armidale, witness gave accused in charge when the constable asked accused if he committed the offence, accused said “No I did not. I was walking across from a window and fell over this man.” On the way to the lock-up accused said, “Oh, I didn’t mean to do it, I didn’t mean to do it. My passion suddenly overcome [sic] me.” While in the train accused told him his name was Duncombe and he was head porter at Werris Creek railway station. Seeing some letters sticking out of his pocket, witness pulled them out to see if he was telling the truth. The letters were addresed [sic] “Dear Flossie” and signed “Winnie.” They were full of indecencies and were written by a minister named —– —– .

Mr Cohen: I don’t think you need mention the clergyman’s name or go any further into that.

To Mr Mackenzie: No one had since spoken to him about the letters. Witness described the relative positions of the three occupants in the carriage. Robbery was never mentioned to the guard at all. Witness had been five or six months with Lindley Walker. Prior to that he was with RC Ewing and Co.

Andrew Robert Gordon Clarke, stationmaster at Brougham, Queenland [sic], was the third man in the carriage. He recognised both accused and McHugh. A scuffle in the carriage woke him up just before Walcha Road. McHugh said to witness, “This man here had his hand in my pocket.” McHugh then went into the lavatory and, on returning, struck accused several times. McHugh then told witness accused had indecently interfered with him. At Uralla accused asked McHugh to let him go. Witness corroborated witness McHugh’s evidence as to the giving in charge.

This closed the case for the Crown, and accused was thereupon committed for trail at Armidale Circuit Court on 20th April.

Bail was allowed, self in £80, and two sureties in £40, or one in £80.—“Chronicle.”

~ ~ ~ ~ ~

Depositions for Stanley Norman Duncombe 21 April 1921 Armidale trial ⁶

(a) Town.	Letter from Bench of Magistrates at ^(a) Armidale
	transmitting Depositions
(b) Name in full of accused.	in the case Rex v. ^(b) Stanley Norman Duncombe
(c) Offence.	^(c) Indecent assault
(d) Town.	Petty Sessions Office, ^(d) Armidale
	1st March 1921.
	Sir, I have the honor, by direction of the Bench of Magistrates, to transmit herewith the Depositions, and other documents in the
(e) Name of accused	case of ^(e) Stanley Norman Duncombe
(f) “His” or “her”	who has been committed to take ^(f) his
(g) “Circuit Court,” or “Quarter Sessions.”	trial at the ^(g) Circuit Court
	to be held at ^(h) Armidale	on Wednesday
(h) Town where Court to be held.	the 20th day of April 1921
	The accused is ⁽ⁱ⁾ has been admitted to bail his surety is James Stewart Duncombe of Uralla, Grazier
(i) “Is confined in the Gaol at …,” or “has been admitted to bail” (with full particulars as to sureties, addresses, occupations, and amounts, as set out in Recognizance.)
(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) Thomas Edward Flaherty, Police Constable of Armidale; Herman Francis McHugh of Manly, Wheat Inspector and Andrew Robert Gordon Clarke of Drillham Queensland Station Master.
(l) Short description to enable identification.	The Exhibits enclosed are ^(l) ------
	I have the honor to be, Sir, Your obedient Servant,
	[Signed] EM Cohen JP
	Clerk of Petty Sessions
The Under Secretary, Department of the Attorney General and of Justice.
N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates
4g 201-90

~ ~ ~ ~ ~

NEW SOUTH WALES POLICE.

Northern District,

Armidale Station
6/3/1921.

Report relative to antecedents of:–

Name: Stanley Norman Duncombe “23”
Offence: Indecent assault on a male person
Committed for Trial at: Armidale Circuit Court
Date: 20th April 1921

Sergeant 2nd Class Montgomery Jones reports:– That the accused has resided practically all his life at Uralla and there is nothing against his character previous to the present charge, his associates are persons of good character.

[Signed] Montgomery Jones,
Sergeant 2nd Class.

~ ~ ~ ~ ~

Police Station Armidale
4th March 1921

The Superintendent of Police, Armidale

Subject:– Rex versus Duncombe indecent assault on a male person, three “3” letters by Constable Flaherty at the Police Court.

Reference:– Letter from the Clerk of the Peace dated 3/3/1921, Superintendent Banks’ minute 21/532 of 4/3/1921

I beg to report the letters in question were produced at the request of the accused’s solicitor Mr CL MacKenzie of the firm of MacKenzie & Biddulph, Solicitors.

In my opinion the letters have no bearing on the case and the Police have no particular reason for producing them.

[Signed] Montgomery Jones,
Sergeant 2nd Class.

~ ~ ~ ~ ~

7.3.21.

The Clerk of the Peace, Sydney

Forwarded for Mr Withy’s information.

[Signed] James Mitchell,
Inspector General of Police.

~ ~ ~ ~ ~

Memorandum.

To the Superintendent of Police, Armidale

The Clerk of the Peace, Sydney 3/3/21.

⁷ Rex versus Duncombe – indecent assault on a male – Armidale Circuit Court.

With regard to the three letters [see below] taken from accused and which came to me with the Depositions. I cannot see that they have any bearing whatever on the charge.

Have the Police any particular reason for producing them in the case?

C/o Mrs Arbuckle
Pelaw Main
West Maitland
27:12:20

Dear Flossie,

Yours to hand. Am sorry that my “silence” caused such a commotion: of course Gramma always thinks I’m sick, or dead. I might have got married what then. Well Floss, regarding the parcel, I’ve not yet got it. Xmas trade is so heavy, but I suppose I’ll get it Tuesday. I’ve a good idea as to what it is. The Regalia you were so busy picking for yourself. I’ve not linked up here yet. I think they are pretty strong numerically – but otherwise, as most places, weak. How’s 520? You did not give me any particulars of Installation. I hope in your next epistle you will give me more Creek news. Small of course is a Cong: & I feared he would have a touch of the Damnation Army, anyway it’s to be hoped he won’t do on the pulpit what he did on the floor. I should have left those old pyjamas that you could make a few “clouts for him. I predict that Thomas: Coglan and Co will have him around their little finger.

Well! I decided to take this job. Phew! it’s hot here. I’ve done nothing but perspire like a bull. This place is just ½ mile from Kurri. A bosker lot of girls here, & I wish you were here. We would go sparking some night (Don’t tell Kitty this as she will be shocked at a Minister.). I’de [sic] like to take her behind the scenes of her own Church. As to lodgings – an old lady and daughter aboard. Daughter 33-35 and “stark” “raving” “Ratty”. A shower and a room to me self, in fact only 3 people in house but tucker up to putty. No beef-tea, custards. That’s the only drawback. I preached here morning last Sunday week & Greta at night. I’m the only man in the field, so far, & it contains 4 preaching centres

up to date. But of course things are only beginning, & we expect 5 when fully equipt, but I don’t think I’ll have as good a time as I had a Werris Creek. I’m bowling into studies pretty hard now, and have determined to pass again next July. I expected to hear something of last L:O:L [Loyal Orange Lodge] meeting & my letter read there.

I made up with a bonzer girl in Sydney. A pal in the work put me on it – and a bit of dough too, but correspondence is a poor affair isn’t it. I say Small said he was bringing his bit of lace up there Xmas, the darned goat. You’ll get the Revival stunt from him next.

I’ve got an easy time today. Preached at 11 am Kurri, and no more. A Service of song tonight & I sing (with Coghlan’s kind permission) Nazareth but Clark-Duff preaches, but I suppose after this Sunday it will be work and toil. I spent a very quiet Xmas. Didn’t go over the door, swatted History & Philosophy all day. What a contrast to what we would have had at Lynton. How’s Gwladys. Give it a wide berth son. There’s nothing in WC [Werris Creek] good enough for you. (This is no flatter Stan, you know I’m not given to that.) Get a good solid girl, house-wife and one that can talk of something besides dress, dance and other fellows. They are to be got & if I have to wait 20 years longer I’ll get a good un. You can get worthless ones with a glad-eye – but the girl for me is the one that has to be wooed and won & not in a day. (Keep Flossie in check).

How’s Kitty? Is she still fond of you? I suppose she is set like a jelly by now. And has Ma Bender discharged her cargo? and any young Staggs set? Saw Wally Miller on Monday.

Well Stan, can’t write you often or much but hope to see you 11 & 12 of Jan.

Yours, out of the bath

[Signed] (Wimminie ?)

PS burn this or cut the bottom piece out.

C/o Arbuckle
Pelaw Main
14:1:21

Dear Stan,

⁸ Yours to hand. I had a letter from an old schoolmate saying he was in Sydney, so Werris Creek had to stand aside for once. He is chief-mate on a vessel & seeing that he was Home as recently as October it was as the offender’ I was with my people. You’ll have to forgive me this time.

Regarding your proposed trip to PM [Pelaw Main] you say you’ll get there ie WM [West Maitland] at 2.30 Sat afternoon. Do you mean to leave 2.30 am Monday morning? There’s no such train Sunday is there. You have omitted to say exactly what train you propose returning by. Let me know definitely by return. You can bet on me being at W.M. (i.e. if I preach at Kurri on 23rd at 11 am I may have to go to Greta from 20 – 23) but you can get out here Sat: evening. I would have to leave per Mtd [Maitland] Bus on Sunday evening & wait in W.M. till 2.30 am at night. Let me know, tho’, exactly when you propose return.

Now! Regarding Hazel and Gramma. I can’t very well settle such a problem. It’s so far away. You must remember Stan, that the kid is the apple of the old woman’s eye, and if you hurt the kid you hurt the old lady. Now Stan, I can give you a bit of advice. Cultivate. The humorous side of such things. Treat a lot of things in life humourously. If the kid “chips in”, don’t tell her to shut up. Tell her you’ll get (Winnie ?) to fix her up, or “Kelly” or anyone. As for the old woman saying “Go to Hell”. Why, I tell her that it’s warm enough here, but son as long as you take these things serious & bite, they’ll hand them up to you. Try the other way.

I’ll have to arrange for coming up in February with Carruthers. Well Stan I’m busy this morning & you’ll have to forgive this short letter.

Write by [obliterated]

Your old (Winnie. ?)

Pelaw Main
29/1/21.

Dear Stan,

⁹ Yours to hand, altogether 10 pages. I can’t very well give you as many in return. You ask re Songs. I got them, that I mentioned before I left M-d [Maitland]. You remembered one. The others were “Friend o’mine,” ( I am dedicating this one to you). “Up from Somerset.” “An Emblem.” Do you intend blossoming forth into a singer Stanley? Now my son, I intend preaching a sermon to you. What’s up with yers? One day you hint that you would like the H.M. [Home Mission ?] work. Next you are prepared to go Baking. It’s for you to go what you wish, but such fickleness shows a discontented mind. What’s up? It’s no use you studying Greek if you are going baking, & if you start a Bakery in K.K. you’ll be in opposition to Bessie’s father so that will ruin your chances, unless you amalgamate (business and matrimonially). As to Small, I daresay he will wind up with being a C of E curate. Where there’s no sense there’s no feeling. I told you Thomas would work him. I see old Mr Crane is coming up a fine old fellow. He’ll teach you Greek alright.

I haven’t received my “orders” for Sunday yet. I do hope it’s Weston at 7.30 pm, then I can take Mrs Henderson home. Small’s tart is a poultrymaker alright. “Some” leg too at it. She, judging by the metre, must have been studying Tennyson’s “In Memoriam”. Had a nice letter from my old tart in Sydney on Wednesday. Guess I’ll hold on again. Well Son if it were not for studies I would go mad here, & the studying of some

thing real hard would cure your discontent too old boy. We’ve had two days rains here & it’s still going strong. Went to P.Fed. meeting last night. An address by some wowser parson. (Windbag & 9 parts of it quoted from Robertson). They are a pretty miserable lot here, & I intend only to use the place to get thro in July. Studies. Studies. With apologies to Small’s tart:

     When blowflies turn to black your meat
       And “Skeeters” make you swear
       It’s nothing much for you to bear.
     Think well of dearie’s platitude “Keep sweet”.

     If dirt hangs thick around your feet
       And “grubbies” walk your head
       Pull up the bath beside your bed.
     A scrub & soap will greatly help you to “Keep Sweet”

     When Elders work for your defeat
       And want you for a tool,
       Raving and ranting like a fool
     Is no good, just list to my advice “Keep cool sweet”.

And advert in the K.K. Times, Wanted Lad to learn bakery. Pioneer Bakery, Pelaw Main.
Teney sends this and advises you to apply.

Your old Chum
(Winnie ?)

Depositions of Witnesses.

New South Wales,
To Wit. }

The examination of Thomas Edward Flaherty of Armidale in the State of New South Wales, Police Constable and Herman Francis McHugh of Manly, wheat inspector and Andrew Robert Gordon Clarke of Drillham Queensland, taken on oath this 28th day of February in the year of Our Lord one thousand nine hundred and twenty one at the Armidale 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 Stanley Norman Duncombe who was charged this day before me for that he, the said Stanley Norman Duncombe on the 20th day of February in the year of Our Lord one thousand nine hundred and twenty one in a railway carriage between Tamworth and Walcha Road in the said State, did indecently assault Herman Francis McHugh.

Police Charge No. 42 of 1921.

Court of Petty Sessions Armidale
21st February 1921

Stanley Norman Duncombe (aged 23), who is charged for that on the 20th day of February 1921 he did in a railway carriage between Tamworth and Walcha Road indecently assault one Herman Francis McHugh.
Pleads -----
Remanded until the 28th instant.
Bail allowed self in £80 with two sureties in £40 each or one in £80.
[Signed] EM Cohen, JP, Alfred Purkiss, JP.

This Deponent Thomas Edward Flaherty on his oath, saith as follows:– I am a Police Constable stationed at Armidale about 3.15 am on the 20th instant I was on duty at the Armidale Railway Station and upon the arrival of the Brisbane Mail Train I saw the accused in a compartment. There were also two other men in the same compartment. One of the men named Herman Francis McHugh said to me in the presence of the accused, “Constable, this thing” pointing to the accused

indecently assaulted me. I want to have him arrested. The accused said “No, I never did anything. I was coming out of the lavatory and fell on top of him.” I arrested the accused and brought him to the lock up and at the lock up I said to him “You have got yourself into a nice mess.” He replied “Yes. I don’t know what made me do it. I must have lost my head, my passions got the best of me and I

done it.” I said to him “Did you interfere with this man’s privates?” He said “I did not mean to do it.” I then charged him as he now stands charged, he made no reply.

By Mr MacKenzie: Accused had blood on his face and shirt and his lips were swollen, I did not notice his eye swollen. He was not in a dazed condition. Herman Francis McHugh handed me some letters which he said

he took from the accused’s pocket. I produce the letters marked Exhibit “A”, No. 1 [see above], 2 [see above] and 3 [see above] for identification. Accused said McHugh told me he would not let accused out at Uralla where he had a ticket for, as there were no Police there, the other man in the carriage with accused and McHugh was named Andrew Robert Gordon Clarke. He is a Stationmaster at Queensland. He told me in the presence of the accused he

was in the carriage all the time, and he said “I saw him with his hand in the other man’s trousers,” that’s practically all he said with regard to the offence. I never took a written statement from the accused.

[Signed] Thomas E Flaherty.

Taken and sworn at Armidale, this 21st day of February 1921, before.
[Signed] EM Cohen, JP, Alfred Purkiss, JP.

~ ~ ~ ~ ~

Recognizance of Bail on Adjournment of the Hearing.

(Divisions 1 and 2, “Justices Act, 1902.” Sections 34 and 69.)

State of New South Wales, Armidale
TO WIT. }

Be it remembered, that on the 21st day of February in the year of Our Lord one thousand nine hundred and twenty one, Stanley Norman Duncombe of Bridge Street Uralla in the State of New South Wales, railway worker and James Stewart Duncombe of Bridge Street Uralla in the said State, grazier, 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 Lord the King the several sums following, that is to say: the said Stanley Norman Duncombe the sum of eighty pounds, and the said James Stewart Duncombe the sum of eighty pounds, of good and lawful money of Great Britain, to be made and levied of his 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 Stanley Norman Duncombe shall fail in the condition indorsed.

[Signed] SN Duncombe, JS Duncombe.

Taken and acknowledged, the day and year first above mentioned, at Armidale in the said State, before me.
[Signed] EM Cohen, JP.

CONDITIONS.

The condition of the within written Recognizance is such, that whereas the within-bound Stanley Norman Duncombe was on the 21st day of February, 1921, charged before EM Cohen and A Purkiss Esquires, two of His Majesty’s Justices of the Peace for the said State, with indecent assault.

And whereas the hearing of such charge is adjourned until the 28th day of February, 1921, if therefore the said Stanley Norman Duncombe shall appear on the 28th day of February, 1921 at 10 o’clock in the forenoon, at the Police Office, Armidale, in the said State, before such Justice or Justices of the Peace for the said State as may then be there, to answer further to the said charge, and to be further dealt with according to law, then the said Recognizance to be void, or else to stand in full force and virtue.

[Signed] EM Cohen, JP.

This Deponent Herman Francis McHugh on his oath, saith as follows:– I am an Inspector for the Linalay Walker Co-operative Wheat Coy Limited and reside at Manly.

On the 20th February 1921 I boarded the train at Tamworth about midnight. I lay down on the seat and there were two other men on the opposite side of the carriage and I went to sleep. The accused was one of the men on the opposite side of the carriage and he was the man I asked to wake me up before he got out of the train at Uralla. Later on I woke up

to feel myself sexually excited and I saw the accused half lying across me with his hand inside the fly of my trousers. I immediately struck him several times and accused said “Don’t say anything about it, let me off.” I said to him “That’s a nice game to get at,” and he said he did not mean to do it. Just then the train pulled up at the Walcha Road station and I called the guard and said to him in the presence of the accused “Where is the nearest station I can give this man in charge?” The guard came

into the carriage and said “Why, what has he been doing?” I said “While I was asleep this man put his hand indecently inside my trousers.” The guard said “Armidale is the nearest station you can get a Constable.” I said “Well ring up and get one there.” The guard said “I will take him into another carriage, away out of this.” I said “No, I will keep the swine here until I give him in charge.” As the mantle on the light had been destroyed I asked the guard to search the accused

and see if he had any weapons on him and he did so and the accused said he had no weapons. The guard said to accused “Did you do this?” Accused only muttered something, several times before we got to Uralla. The accused said “Oh let me off, my people are in trouble already. I am going home to my father who is dying.” I said “It would have been better for you if he had died before he begot you.” The guard put on a new mantle at

Uralla and when I got to Armidale I gave him in charge to a Constable who was on the platform. I heard the Constable say to accused “Did you do as this man says?” Accused replied “No, I did not. I was walking across from the window and I fell over this man and my hand accidentally went on his privates or inside his trousers.” I accompanied the Constable and the accused to the lock up and as we were walking up the steps to

the lock up door the accused said “Oh, I did not mean to do it.” The Constable said “How did you come to do it?, and the accused said “My passions overcame me.” We were all in a First Class carriage. I asked accused when his name was after I thrashed him. He said it was Duncombe, he was head porter at Werris Creek railway station. I saw some letters sticking out of his pocket and

I pulled them out to see if he was telling the truth.

By Mr MacKenzie: When I got in the train I sat facing the engine. The accused and the other man was sitting on the other side. I was lying down with my head toward the lavatory. I never accused the accused to the guard of having robbed me. I never mentioned it.

[Signed] HF McHugh.

Taken and sworn at Armidale, this 28th day of February 1921, before.
[Signed] EM Cohen, JP.

This Deponent Andrew Robert Gordon Clarke on his oath, saith as follows:– I am a stationmaster and reside at Drillham in Queensland. On the 20th February 1921 I was in the same carriage as the accused and later on McHugh got in. I went to sleep and woke up just before we got to Walcha Road. This was the time I first saw McHugh, there was a scuffle in the carriage and that was what woke me up. I said “What’s the trouble?”

Mchugh said “This chap here, pointing to accused, had his hand in my pocket,” and he said to me “Do you know him?” I said “No.” McHugh went into the lavatory for about a minute and when he came out he went over to the accused and struck him. He then sat down on the seat and said accused had opened his fly and was trying to work him off. The train then pulled into Walcha Road. McHugh there called the guard over and said to him that the accused had his hand in

his pocket and McHugh put his head out of the window and spoke to the guard but I could not hear what he said. The guard then came into the carriage and asked accused his name. He said “Duncombe.” McHugh said to the guard “I want to give him in charge. Where is the nearest Police?” The guard said “Armidale.” When we got to Uralla accused said to McHugh “Are you going to let me go?” He said “Sit down and be quiet.” I continued

my journey and when we got to Armidale the Constable came over to the carriage. McHugh told the Constable “I want to give Duncombe in charge for an indecent assault.” The Constable said to McHugh “Do you think it was a case of intended thievery or an indecent assault?” McHugh said “It was an indecent assault.” The Constable took my name and address and then the Constable took the accused away and McHugh

also got out of the carriage. I never saw anything of any indecent assault as I was asleep nearly all the time until we got near Walcha Road.

By Mr MacKenzie: I never told the Constable or anyone else I saw the assault. McHugh hit accused at various times along the road after we left Walcha Road, each time accused went to say anything McHugh struck him. Accused was frightened when he got to Armidale

but I would not say he was dazed.

[Signed] AR Clarke.

Taken and sworn at Armidale, this 28th day of February 1921, before.
[Signed] EM Cohen, JP.

(F. 2– “Justices Act, 1902.”)

Statement of the Accused.

State of New South Wales, Armidale
TO WIT. }

Stanley Norman Duncombe (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 28th day of February in the year of Our Lord one thousand nine hundred and twenty one for that he, the said defendant, on the 20th day of February 1921, at in a railway carriage between Tamworth and Walcha in the said State, he did indecently assault one Herman Francis McHugh and the said charge being read to the said defendant, and the witnesses for the prosecution, being severally examined in his presence, and (the depositions of the said witnesses having been 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 reserve my defence.”

Taken before me and read over to the said defendant at Armidale in the said State, the day and year first above mentioned.
[Signed] EM Cohen, JP.

G. 190.

New South Wales,
TO WIT. }

REX.
versus
Stanley Norman Duncombe

Offence,— Indecent assault

The accused stands committed to take his trial at the next Court of Circuit Court to be holden at Armidale, in the State of New South Wales, on the 20th day of April 1921, 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] EM Cohen

JP.

Dated at the Police
Office, Armidale
in the said State,
this 28th
day of February
AD 1921.
4g 416 - 88

~ ~ ~ ~ ~

“Justices Act, 1902.”

Recognizance to give Evidence.

State of New South Wales, Armidale
TO WIT. }

Be it remembered, that on the 28th day of February in the year of Our Lord one thousand nine hundred and twenty one Thomas Edward Flaherty a Constable of the Police Force, stationed at Armidale in the State of New South Wales, and Herman Francis McHugh of Manly in the said State, wheat inspector and Andrew Robert Gordon Clarke of Drillham in the State of Queensland 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.

[Signed] Thomas E Flaherty, HF McHugh, AR Clarke.

Taken and acknowledged, the day and year first above mentioned, at Armidale in the said State, before me.
[Signed] EM Cohen, JP.

The condition of the within written Recognizance is such, that whereas one Stanley Norman Duncombe (hereinafter called the defendant) was this day charged before EM Cohen Esquire one of His Majesty’s Justices of the Peace for the said State, with indecent assault.

If, therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Armidale in and for the State of New South Wales, on Wednesday the 20th day of April 1921, at ten 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 defendant for the offence aforesaid, to the jurors who shall pass upon the trial of the said defendant then the said Recognizance to be void, or else to stand in full force and virtue.

[Signed] EM Cohen, JP.

~ ~ ~ ~ ~

Recognizance of Bail on Committal for Trial.

State of New South Wales, Armidale
TO WIT. }

Be it remembered, that on the 28th day of February, in the year of Our Lord one thousand nine hundred and twenty one, Stanley Norman Duncombe of Uralla, in the State of New South Wales, railway porter and James Stewart Duncombe, of Uralla in the said State, grazier 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 Stanley Norman Duncombe the sum of eighty pounds; and the said James Stewart Duncombe the sum of eighty pounds 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 Stanley Norman Duncombe shall fail in the condition indorsed.

Taken and acknowledged, the day and year first above mentioned, at Armidale, in the said State, before me.
[Signed] EM Cohen, JP.

CONDITION IN ORDINARY CASES.

The condition of the within written Recognizance is such, that whereas the said Stanley Norman Duncombe was on the 28th day of February 1921, charged before EM Cohen Esquire, one of His Majesty’s Justices of the Peace for the said State, with indecent assault if therefore the said Stanley Norman Duncombe will appear at the next Circuit Court to be holden at Armidale in and for the State of New South Wales, on Wednesday the 20th day of April 1921, 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 Stanley Norman Duncombe 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 Court without leave,– then the said Recognizance to be void, or else to stand in full force and virtue.

[Signed] EM Cohen, JP.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Supreme Court.
Armidale
20th April 1921
AG’s No. -----
Depositions.
CS’s No. 1
Rex
v.
Stanley Norman Duncombe (Bail)
Indecent assault
Committed at: Armidale
on: 28th February 1921

~ ~ ~ ~ ~

Court. Armidale Circuit
Date. 21st April 1921
Cor. Cullen CJ Judge.
Plea. Not Guilty
Verdict. Not Guilty
Judgment.
WJ Shephard
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.

~ ~ ~ ~ ~

Indecent assault on a male
[Initial illegible]
2/3/21

~ ~ ~ ~ ~

Justice WP Cullen’s notebook ¹⁰

Armidale Circuit Court – 21/4/21
R v Stanley Norman Duncombe – Indictment for indecently assaulting a male person. (S. 81. PS 3-5. Imp. – 2)
Time: 20 February 1920
Place: near Walcha Road NSW
Person: Herman Francis McHugh
Plea: not guilty
Shepherd ¹¹ for Crown
Windeyer for accused

Herman Francis McHugh. Inspector for a wheat company Lindley ¹² Walker Co. Live at Manly – am 47 & married with family. Have to travel frequently in train. 20 February Saturday (boarded ?) train at Tamworth about midnight. 1st Class compartment. Two other (passengers ?) – one lying asleep – & accused – sitting up. Train going towards

Armidale. Before lying down I asked accused where he was going, lest I saying I would be obliged if he would kindly awake me. He said he was getting out at Uralla & would wake me. I lay down & was awakened later by feeling someone’s hand in my trousers on my privates. I was in a state of sexual excitement when I woke up. The fingers were on my penis. I was on the point of orgasm. I saw the man’s hand between me & the (?). The man was sitting between my knees or thighs with his hand within the fly of my trousers. I lost control of myself & attacked him knocking him about a good deal. The other man woke up & asked what the trouble was. I said “this swine had his hand in my trousers.”

Accused said “I did not mean to do it.” I (?) him (?) into the corner – lit the gas – & asked him had he any weapons on him. He said “No, you can search me” holding his hands up. I went into lavatory. Shortly after I came out train stopped at Walcha Road. I called guard & asked where nearest station was – that I wanted to give the man in charge. He asked what for? I said “he had his hand in my trousers.”

Examined. Guard spoke to accused & ascertained from him that he is a railway man. Guard offered to take accused into brake-van. I said “no I’ll keep him here till I get the chance to give him in charge.”

Accused several times asked me to let him off – that he did not mean to do it. I told him not to speak to me & hit him. At Armidale station I called a policeman & said I wanted to give accused in charge for indecent assault. Accused did not ask speak till the constable asked him if it was true? He denied it and said he was walking from the lavatory & fell on the man. I mentioned the other occupant, & constable asked him; he said he was asleep & was awakened by the scuffle & heard me say “this man had his hand in my pocket.” The constable took his name and address and asked me to go to the (?) lock-up with him. I did so and accused went too. At lock-up accused seemed

beat up, & said “I didn’t mean to do it.” The policeman asked said to accused “You have got yourself into a pretty mess.” & he said “I gave way to my passions.”

Cross-examined. Not true I made no charge of indecency before train got to Walcha Road. I never said at bar of hotel that a ma I was f----d last night I did say a man tried to “stuff” me. Not true that I had only spoken of an attempt to rob me. I heard at Armidale that it had been rumoured there had been a

robbery on the train. That was not due to anything I had said. It is true I heard women’s voices at the station near Walcha Road. It is not true that I said nothing of indecency till the train left that place. Not true that I said to Clarke or anyone that the accused had his hand in my “pocket.” At Lower Court I (?) a pound at Tattersalls Hotel because my own money was in a (?) in a (?) & I heard that accused complained he was a £ & a pound short. It is not true that the ¹³ commenced to beat the accused – merely because he was near me when I woke up. It is true that I punched him severely and hit him every time he spoke afterwards. I went into the lavatory to wash my hands. It is true that I had an emission.

It is true I said to Clarke “he had his hand in my trousers trying to work me up.” I won’t deny that occurred after the train had passed – from Walcha Road.

Re-examined.

Thomas E Flaherty. Police Constable Armidale. 20 February on duty railway station Armidale 3.15 am. On arrival of Brisbane Mail saw accused, McHugh, & another man in the train. McHugh said accused had indecently assaulted him. Accused said “no I never did anything – I was coming out of the lavatory & I fell on him.” I said to accused taking him to the lock up “You have got yourself into a terrible mess.”

He said “I did not mean to do it – I gave way to my passions.” I asked him did he have his hands on his privates. He said he did not mean to do it.

Cross-examined. He had been knocked about somewhat. The only bleeding I saw was from cut on mouth & nose bleeding & a black eye next day. McHugh at the railway station gave me some money to take back to the hotel – 70 shillings – It was a cheque with some silver wrapped up in it. Clarke said he only saw the man with his hand in McHugh’s trousers. The report to the police was not that a robbery had occurred. It was that a policeman was wanted on the train to take a man in charge.

Andrew R Gordon Clarke. Station master – Drillham Queensland. 20 February passenger on Brisbane Mail. A row in carriage woke me up near Walcha Road. A chap named Duncan got in at McHugh got into the carriage when I was asleep. There was a bit of a scuffle. I asked what was the (row ?). McHugh said Duncan had his hand in his pocket. McHugh went into lavatory – came back – said D ¹⁴ had his hand in his trousers & tried to work him off. When train reached Walcha Road McHugh said to me that D accused had had his hand in his pocket.

Accused did not say anything then. When we got farther on accused asked McHugh was he going to let him off. McHugh hit him & told him to sit down. At Armidale a constable came to the carriage. McHugh said he wanted to give Duncan in charge for indecent assault. Cannot remember accused saying anything about a lavatory. The train was practically in darkness when I woke up. I never saw anything going on before the scuffle.

Cross-examined. I did not say “I saw the accused with his hand in the other man’s trousers.” I don’t think I said anything to the constable at Armidale beyond giving my name and address. That about “working him off” was mentioned before the train got to Walcha Road.

Crown case closed.

Accused [Stanley Norman Duncombe] makes statement. Got in at Werris Creek – on 2nd class ticket. At Tamworth McHugh got in, asked me to wake him up at Uralla. Later went to asleep [sic] – woke suddenly – train jerked & I fell & my hand went on McHugh. He awoke & (hit ?) me – then went into lavatory. Came back & said I had my hand in his pocket. Told guard at Walcha Road he wanted me arrested for robbery. Later in the train I asked McHugh would he let me go. He hit me & I never was (conscious ?) afterwards till I found myself in the lockup.

Afterwards missed a pound from my change & complained to the constable.

GF Hodges. Railway guard. 1.59 am Walcha Road. McHugh drew my attention & said accused had his hand in his pocket when he awoke. I asked accused did he do it. He said no. He was in a dazed position & seemed a good deal knocked about. McHugh asked where he could find a policeman. I said Armidale – & sent word there for a policeman for a reported case of robbery. McHugh never mentioned indecent assault to me. I first heard of indecent assault when train got to Guyra when Clarke told me accused had him given in charge for that, & not for robbery.

Accused could hardly speak for blood flowing from his mouth & nose.

Cross-examined. Did not [know] accused before this occasion. He is a railway porter. I was speaking to him yesterday – not about the case. What McHugh said when he called my attention was “this man had his hand in my pocket.” He clearly and distinctly told me “in the pocket of my trousers.”

Case for defence closed.

No evidence in reply.

Windeyer addresses jury.

I sum up.

Jury retire 12.20
“ return 12.26

Verdict: not guilty

~ ~ ~ ~ ~

The Sydney Morning Herald, Tue 19 Apr 1921 ¹⁵

PERSONAL.
———◦———

…
The Chief Justice, Sir William Cullen, accompanied by Lady Cullen and Miss Cullen, and his associate, left yesterday for Armidale, where his Honor will open the Circuit Court on Wednesday. The Chief Justice will afterwards proceed on circuit to Narrabri (April 25) and Maitland (April 29).

~ ~ ~ ~ ~

The Armidale Express and New England General Advertiser, Fri 22 Apr 1921 ¹⁶

ARMIDALE CIRCUIT COURT.
————

The annual sitting of the Circuit Court at Armidale opened at the local Court House, on Wednesday, before his Honor, the Chief Justice, Sir Wm Cullen. His Honor’s Associate was Mr Owen. Mr A Purkiss occupied a seat on the Bench as deputy Sheriff. Mr WJ Sheppard was present as Crown Prosecutor, instructed by the Crown Solicitor’s office. The only other barrister in attendance was Mr R Windeyer, KC. The lower branch of the profession was represented by Messrs CL MacKenzie, L Biddulph, and W Murray. Mr Banks (Supt. of Police) represented the Police Department.
…

Thursday, April 21.

ALLEGED INDECENT ASSAULT.

Stanley Norman Duncan [sic], on bail, was charged with indecently assaulting in a railway carriage between Tamworth and Walcha Road on the 20thFebruary, 1921, one Herman Francis McHugh.

Accused pleaded not guilty.

The following jury was sworn: Chas Joseph Gentle, John McMillan, HH Cordingley, GB Hardaker, AW Brindle, H Schaefer, CH Champion, Bruce Browning, Alex Murray, H Himmelhoch, John Munday, AJ Dawson. The other jurymen were discharged.

Mr Windeyer, instructed by Messrs Mackenzie and Biddulph, appeared for accused.

The Crown Prosecutor detailed facts of the alleged offence, as published in the Express at the time of the committal.

Herman Francis McHugh, inspector of a wheat company, residing at Manly, was a married man, and had frequently to travel by train. He had a grown-up family. On the 20th witness boarded the train at Tamworth in a first-class carriage. Accused and another man were in the carriage. Being tired, asked accused if he (witness) went to sleep would he waken him at Uralla, and went to sleep. Witness then detailed the offence. Witness stated that he thrashed the accused, and the sleeping man woke up and asked what was the matter, and when told accused said “I did not mean to do it.” When the train stopped at Walcha Road witness asked where he could get a constable, as he wanted to give accused in charge. The guard spoke to accused, and offered to take accused in the brake van to Armidale. Witness said he would look after accused till he got to Armidale. Accused witness to let him off repeatedly. On arrival at Armidale the constable asked what witness was charging accused with, and on being told, the policeman said, “Would not a charge if indecent behaviour suit the case?” Accused asked the other passenger had he seen the offence, and the latter said he was asleep. The accused, witness, and the policeman then drove to Armidale lock-up, when accused said, “I didn’t mean to do it” a couple of times, and practically admitted the offence.

To Mr Windeyer: It was not true that he made no complaint till he reached Walcha Road. It was not a fact that he said he had been robbed. He did not say that accused had his hand in his pocket. He did mention the fact to the guard at Walcha Road. He id make a complaint to the guard. Witness was quite awake when he punched him, and he made his face bleed.

Constable Flaherty, stationed at W[est] Armidale, detailed receiving the complaint from Mr McHugh and arresting him on the train. At the lock-up accused said “he lost his head and he did not mean to do it.” Clarke told him he saw the accused commit the assault.

To Mr Windeyer: Accused was bleeding from a cut in the mouth, and his nose was bleeding. Witness searched accused when arrested, and he complaint of losing cash. Mr McHugh asked witness to give some money to the hotelkeeper when he went back to town. Witness said Clarke told him he saw accused with his hand in his trousers. The report the police in Armidale received was that they were required to meet the train to take a man in charge.

Henry Robert Gordon Clarke, railway stationmaster in Queensland, deposed that on the 20th accused was the only man in the carriage with him till about Walcha Road, when he was awakened by a row, and heard the complaint made by the prosecutor. Further on accused asked McHugh to let him off, and the latter refused. McHugh struck accused several times. At Armidale accused was given in charge. The carriage was in darkness. Did not see assault committed.

To Mr Windeyer: Did not say to Flaherty he saw accused with his hand in the other man’s trousers, but only gave his name and address. Only heard assault mentioned once.

This closed the case for the Crown.

Accused [Stanley Norman Duncombe] stated this was the first time he had been in trouble. He was travelling on a second class ticket in a first-class carriage. Accused promised to wake up McHugh at Uralla, and on passing to see through the window where they were fell on prosecutor by accident. He also stated the light was bad. When he asked prosecutor to let him go the latter said, “No, you swine, sit where you are.” When he woke up in the lock-up he found he was £1 short, and complained to the constable in charge.

George Fred Hodges stated he was in charge of the train on the 20th, and a passenger, McHugh, said accused had his hand in his pocket. Accused had been knocked about, and was bleeding from the nose and mouth. McHugh asked where a policeman was on duty, and when in Uralla he sent a message to Armidale to acquaint the police of a charge of robbery preferred. Had not heard till he reached Guyra that a charge of assault was preferred against accused. Only got into the carriage for a few minutes at Walcha Road. Thought accused would hardly know what he was doing. Witness was the only person on the platform at Walcha Road.

To Mr Sheppard: He believed accused was leading porter at Werris Creek. He had discussed the case the previous day with accused. Mr McHugh didn’t appear excited.

The case for the defence closed.

Mr Windeyer said there were some very peculiar features about the case. Apparently no one could definitely say if anything indecent or disgusting occurred in the railway carriage that night. It was quite possible for a man who was suddenly wakened up to imagine anything. Other things would suggest that the Crown case was not an honest case. It was a very remarkable thing that the prosecutor held that Clarke informed the constable, whereas Clarke said nothing. The Constable Flaherty swore that both McHugh and Clarke made a certain statement at the station, which both denied. There was something queer about McHugh, and the whole story of the prosecution was suspicious.

The Crown Prosecutor stoutly defended the reputation of the witnesses for the Crown, and contended that slight discrepancies in evidence were not worthy of serious consideration. He considered it unworthy of the defence to have tried to make out that Mr McHugh, a reputable citizen and one holding a responsible position, was such a man as they represented. Mr Sheppard contended that the Crown had fully made out its case.

His Honor, in summing up, said that if there was any reasonable doubt, the accused was entitled to it. His Honor carefully reviewed the evidence, and very impartially laid its salient features before the jury.

After a five minutes retirement, the jury returned with a verdict of not guilty.

Accused was thereupon discharged.

Mr Windeyer said he would not like it to be thought that portion of the case for the defence was a charge of perjury against the court.

~ ~ ~ ~ ~

The Armidale Chronicle, Sat 23 Apr 1921 ¹⁷

ARMIDALE CIRCUIT COURT.
————

The Circuit Court sat at Armidale on Wednesday and Thursday, the Chief Justice (Sir William Cullen) presiding.

The Judge’s Associate was Mr Owen. Mr A Purkiss acted as Deputy Sheriff, and Mr LB Lane occupied his official position as Sheriff’s Officer.

Mr WJ Sheppard was Crown Prosecutor instructed by the Crown Solicitor.
…

ARMIDALE CIRCUIT COURT.
————

The Circuit Court was continued at Armidale on Thursday [21 April].

ALLEGED INDECENT ASSAULT.

Sydney [sic] Norman Duncombe was charged that on 20th February, at Walcha Road, he did indecently assault Herman Francis McHugh, a male person.

Mr Windeyer, instructed by Mr CL MacKenzie (MacKenzie and Biddulph), defended accused, who pleaded not guilty.

The following jury panel was sworn: CJ Gentle, J McMillan, HH Cordingley, GB Hardaker, AW Brindell, H Schaefer, CH Champion, B Browning, A Murray, H Himmelhoch, J Munday, and AJ Dawson.

The Crown Prosecutor said the circumstances of the case were so disgusting that he was sure all decent people who accidentally found themselves in the Court would leave.

There was still a big crowd in Court throughout the hearing, although many of them took the hint and left the building.

Herman Francis McHugh, inspector for a wheat company, said he resided at Manly. He was 47 years of age, a married man, with a grown-up family. On 20th February (a Saturday), he boarded the train at Tamworth about midnight. He got into a first class compartment where there were two other passengers. One of them was the accused. He was very tired and knew if he went to sleep he would very likely over-sleep at Armidale. He asked accused to awaken him before he got out at Uralla. Accused said he would and witness went to sleep. He was awakened later by feeling a hand on his body. Witness described the alleged offence in detail. He attacked accused somewhat violently and called him some nasty names. Then the other passenger awoke and witness stated to him what had occurred. He did not describe the offence minutely. The accused said, “Oh, I did not mean to do it.” He ordered accused over into a corner and lit the gas. He was afraid accused might have been mad enough to have a weapon upon him. He asked him if he had a weapon upon him, and he held out his hands. When the train stopped at Walcha Road, witness asked the guard where he could get a policeman to give the accused in charge, and told the guard what had happened. The guard offered to remove the accused to the brake-van, but witness said he would keep him where he was. When accused went to speak to him on the way to Armidale, witness told him not to speak to him. He was very angry and hit accused several times. At Armidale he gave accused in charge to a policeman. The policeman said, “That’s a nasty charge. Couldn’t you charge him with offensive behaviour?” Witness said,”No; he has committed this abominable offence upon me, and I want to give him in charge for it.” The constable interrogated the other occupant of the carriage, who said he was asleep and was awakened by the scuffle. Witness, he said, had told him that accused had had his hand in his pocket. On the way to the lock-up, and going up the lock-up steps, accused said “he did not mean to do it.” The constable said to accused, “This is a nice mess you have got yourself into.” Accused then admitted the offence and sais, “My passions got the better of me.”

By Mr Windeyer: It was not true that up to Walcha Road the only complaint he made was that accused had tried to rob him. He did not tell the guard that accused had tried to rob him. “This boy had his hand in my pocket” were not the only words he said to Clark [sic]. He did not make the statement mentioned by Mr Windeyer in the bar of Tattersalls Hotel before a crowd of people. At Walcha Road or Armidale—he forgot which—the guard said. “We have too many of those—in the service; good enough for him!” He asked the proprietor of Tattersalls Hotel to let him go without paying his account because he could not find his money. He went upstairs and asked an old friend staying in the hotel to vouch for the amount of his account, which was 15s. When he got to the railway, he found the money and sent it back by Constable Flaherty from the station. He borrowed £1. Portion of his money was stuck away in his pocket book. One of the constables asked him how much money accused had on him when he was searched. Accused had complained that he was short of his money in the lock-up. He was sorry to say that he punched accused hard every time he opened his mouth all the way from Walcha Road.

Constable Flaherty, stationed at Armidale West, stated that on arrival of the Brisbane mail on 20th February, McHugh said, “Constable, this thing assaulted me; I want him arrested.” Accused said, “No; I was coming out of the lavatory and fell on him.” At the lock-up, witness said to accused, “This is a nice mess you’ve got yourself into.” Accused said, “I don’t know what made me do it; my passions got the best of me.” In answer to a further question, he said, “Oh, I did not mean to do it.”

By Mr Windeyer: Witness had not had a copy of his deposition in the lower court, even if his evidence now was word for word with that. Accused had been knocked about when he came to the lock-up. He did not know McHugh previously. McHugh gave him some money at the railway station to bring back to the hotel-keeper. Clark told witness that he saw accused with his hand in McHugh’s trousers. The report the police got from Walcha road was not that there had been a robbery in the train, but that they wanted a constable to take a man in charge.

Andrew Robert Gordon Clark, a Queensland railway stationmaster, said he was travelling on the Brisbane mail on 20th February. He was awakened by a scuffle in the compartment. He asked accused what was the row. McHugh said accused had his hand in his pocket. He went into the lavatory came out, and sat down, and afterwards said accused had committed an indecency. The train pulled into Walcha Road and McHugh said something to the guard which witness did not hear. At Uralla, accused asked McHugh if he was going to let him go. McHugh told accused to sit down. A constable came to the carriage at Armidale, and McHugh said he wanted to give accused in charge for indecent assault. The guard asked if it was indecent assault or attempted thieving, and McHugh said the charge was the former.

By Mr Windeyer: He did not tell the constable at Armidale station that he saw the accused with his hand in the other man’s trousers. He did not think he said anything to the constable at Armidale, except give him his name and address.

Accused [Stanley Norman Duncombe] made a statement from the dock. This was the first time he had been in trouble. He travelled in a first-class carriage on a second-class ticket, because there was no accommodation. He was looking out of the window to see where he was after dozing, when the train jolted and he stumbled his hand going near accused. McHugh first told Clark that accused had his hand in his pocket, and when he had been in the lavatory he made the other charge. At Uralla, McHugh struck him a violent blow, and he remembered no more till he came to the lock-up on Sunday morning. He found he was £1 short when leaving the lock-up and complained to the constable.

George Frederick Hodges, railway guard, stated that on arrival at Walcha Road, a passenger named McHugh complained that accused had his hand in his pocket when he woke up. Accused denied this, but he was in such a dazed condition, having been knocked about and bleeding from the mouth and nose, that witness had a difficulty in understanding him. From Uralla he sent a message to the night officer and the police at Armidale that there had been an attempted robbery. The first time he heard of indecent assault was at Guyra, where Mr Clark told him about it. Accused was not in a position to know just what he was saying when he came to Armidale. He was the only person on the Walcha Road platform.

By the Crown Prosecutor: He had never seen the accused before. He saw him the day before the Court, but did not discuss the case. McHugh was cool enough at Walcha Road. Witness did not notice any excitement about him.

Re-examined: He informed all the passengers at Tamworth that the second-class carriages were full.
Mr Windeyer urged upon the jury that the evidence in the case was too contradictory for them to think of convicting. It was possible the prosecutor, in dozing in the carriage, imagined things. There where features that inclined to the belief that the Crown case was not an honest one. How was it that Constable Flaherty swore what both Clark and McHugh said was untrue? Could the jury, in view of this inconsistency, believe the evidence of McHugh and Flaherty as to the confession alleged to have been made at the police station. There was something queer about the man McHugh. All the time from Walcha Road to Armidale he “dealt it out” to the accused until he did not know whether he was on his head or heels. Then there was the £1 which accused found himself short, and the money which McHugh borrowed to pay his hotel bill.

The Crown Prosecutor condemned the attempts by the defence to attack the character of McHugh, and he asked them to put out of their minds altogether the ridiculous suggestion of a conspiracy between the constable and the prosecutor.
His Honor, summing up, reminded the jury to axiomatic principle of justice that demanded they should be satisfied beyond any reasonable doubt of the guilt of the accused before finding him guilty.

The jury retired and in about five minutes returned to Court with a verdict of not guilty.
Mr Windeyer said he did not want the Court to think that he had suggested Constable Flaherty had committed perjury. Mr Windeyer’s contention was not that the constable was not telling the truth about accused’s admission in the lock-up, but that accused might have said anything in the condition in which he was in. He did not know what he was saying.

Both his Honor and the Crown Prosecutor said they did not think Mr Windeyer had made any imputation against the veracity of the constable.

~ ~ ~ ~ ~

The Uralla Times and District Advocate, Sat 23 Apr 1921 ¹⁸

ARMIDALE CIRCUIT COURT.
————
ALLEGED INDECENT ASSAULT

Stanley Norman Duncombe, on bail, was charged with indecently assaulting in a railway carriage between Tamworth and Walcha Road on the 20th February, 1921, one Herman Francis McHugh.

Accused pleaded not guilty.

The following jury was sworn: Chas Joseph Gentle, John McMillan, HH Cordingley, GB Hardaker, AW Brindle, H Schaefer, CH Champion, Bruce Browning, Alex Murray, H Himmelhock, John Munday, AJ Dawson. The other jurymen were discharged.

Mr Windeyer, instructed by Messrs Mackenzie and Biddulph, appeared for accused.

The Crown Prosecutor detailed facts of the alleged offence, as published in the “Express” at the time of the committal.

Herman Francis McHugh, inspector of a wheat company, residing at Manly, was a married man, and had frequently to travel by train. He had a grown up family. On the 20th witness boarded the train at Tamworth in a first class carriage. Accused and another man were in the carriage. Being tired, asked accused if he (witness) went to sleep would he waken him at Uralla, and went to sleep. Witness then detailed the offence. Witness stated that he thrashed the accused, and the sleeping man woke up and asked what was the matter, and when told accused said “I did not mean to do it.” When the train stopped at Walcha Road witness asked where he could get a constable, as he wanted to give accused in charge. The guard spoke to accused, and offered to take the accused in the brake van to Armidale. Witness said he would look after accused till he got to Armidale. Accused asked witness to let him off repeatedly. On arrival at Armidale the constable asked what witness was charging accused with, and on being told, the policeman said, “Would not a charge of indecent behaviour suit the case?” Accused asked the other passenger had he seen the offence and the latter said he was asleep. The accused, witness, and the policeman then drove to Armidale lock-up, when the accused said, “I didn’t mean to do it” a couple of times, and practically admitted the offence.

To Mr Windeyer: It was not true that he made no complaint till he reached Walcha Road. It was not a fact that he said he had been robbed. He did not say that accused had his hand in his pocket. He did mention the fact to the guard at Walcha Road. He did make a complaint to the guard. Witness was quite awake when he punched him and made his face bleed.

Constable Flaherty, stationed at W Armidale, detailed receiving the complaint from Mr McHugh and arresting him on the train. At the lock-up accused said “he lost his head and he did not mean to do it.” Clarke told him he saw accused commit the assault.

To Mr Windeyer: Accused was bleeding from a cut in the mouth, and his nose was bleeding. Witness searched accused when arrested, and he complained of losing cash. Mr McHugh asked witness to give some money to the hotelkeeper when he went back to town. Witness said Clarke told him he saw accused with his hand in his trousers. The report the police in Armidale received was that they were required to meet the train to take a man in charge.

Henry Robert Gordon Clarke, railway stationmaster in Queensland, deposed that on the 20th accused was the only man in the carriage with him till Walcha Road, when he was awakened by a row, and heard the complaint made by prosecutor. Further on accused asked McHugh to let him off, and the latter refused. McHugh struck accused several times. At Armidale accused was given in charge. The carriage was in darkness. Did not see assault committed.

To Mr Windeyer: Did not say to Flaherty he saw accused with his hand in the other man’s trousers, but only gave his name and address. Only heard assault mentioned once.

This closed the case for the Crown.

Accused stated this was the first time he had been in trouble. He was travelling on a second class ticket in a first class carriage. Accused promised to wake up McHugh at Uralla, and on passing to see through the window where they were fell on prosecutor by accident. He also stated the light was bad. When he asked prosecutor to let him go the latter said, “No, you swine, sit where you are”. When he woke up in the lock-up he found he was £1 short, and complained to the constable in charge.

George Fred Hodges stated he was in charge of the train on the 20th, and a passenger, McHugh, said accused hade his hand in his pocket. Accused had been knocked about and was bleeding from the nose and mouth. McHugh asked where a policeman was on duty, and when in Uralla he sent a message to Armidale to acquaint the police of a charge of robbery preferred. Had not heard till he reached Guyra that a charge of assault was preferred against accused. Only got into the carriage for a few minutes at Walcha Road. Thought accused would hardly know what he was doing. Witness was the only person on the platform at Walcha Road.

To Mr Sheppard: He believed accused was leading porter at Werris Creek. He had discussed the case the previous day with accused. Mr McHugh didn’t appear excited.

The case for the defence closed.

Mr Windeyer said there were some very peculiar features about the case. Apparently no one could definitely say if anything indecent or disgusting occurred in the railway carriage that night. It was quite possible for a man who was suddenly wakened up to imagine anything. Other things would suggest that the Crown case was not an honest case. It was a very remarkable thing that the prosecutor held that Clarke informed the constable, whereas Clarke said nothing. Then Constable Flaherty swore that both McHugh and Clarke made a certain statement at the station, which both denied. There was something queer about McHugh, and the whole story of the prosecution was suspicious.

The Crown Prosecutor stoutly defended the reputation of the witnesses for the Crown and contended that slight discrepancies in evidence were not worthy of serious consideration. He considered it unworthy of the defence to have tried to make out that Mr McHugh, a reputable citizen and one holding a responsible position, was such a man as they represented. Mr Sheppard contended that the Crown had fully made out its case.

After a five minutes’ retirement, the jury returned with a verdict of not guilty.

Accused was thereupon discharged.

Mr Windeyer said he would not like it to be thought that portion of the case for the defence was a charge of perjury against the court.—“Express.”

Stanley Norman Duncombe, 1948

The Sydney Morning Herald, Tue 19 Oct 1948 ¹⁹

DEATHS

…
DUNCOMBE, Stanley Norman.—October 18, 1948, at his residence, 5 Pemberton Street, Botany, dearly beloved husband of Edith Irene Duncombe, and dear father of Norman Stanley, aged 51 years. Promoted to glory.

¹ The Armidale Express and New England General Advertiser, Tue 22 Feb 1921, p. 4. Emphasis added.

² The Armidale Chronicle, Wed 23 Feb 1921, p. 2. Emphasis added.

³ The Armidale Express and New England General Advertiser, Tue 1 Mar 1921, p. 8. Emphasis added.

⁴ The Armidale Chronicle, Wed 2 Mar 1921, p. 3. Emphasis added.

⁵ The Uralla Times and District Advocate, (NSW), Sat 5 Mar 1921, p. 3. Emphasis added.

⁶ SRNSW: NRS880, [9/7260], Supreme Court, Papers and depositions, Armidale, 1921, No. 1. Emphasis added.

⁷ Mn: No 1 for identification [Signed] EM Cohen JP. Rex v Duncombe. Transcribed as found.

⁸ Mn: No. 2 for identification [Signed] EM Cohen JP Rex v Duncombe. Transcribed as found.

⁹ Mn: No 3 for identification [Signed] EM Cohen JP. Rex v Duncombe. Transcribed as found.

¹⁰ SRNSW: NRS5813, [7/9334], Judiciary, WP Cullen, CJ. Notebooks Circuit Criminal, 1910-23, pp. 19-31. Emphasis added.

¹¹ Sheppard in transcript of press reports.

¹² Linalay, ibid. but unlikely here.

¹³ Probably means I.

¹⁴ Meaning Duncombe. passim.

¹⁵ The Sydney Morning Herald, Tue 19 Apr 1921, p. 8.

¹⁶ The Armidale Express and New England General Advertiser, Fri 22 Apr 1921, p. 3. Emphasis added.

¹⁷ The Armidale Chronicle, Sat 23 Apr 1921, pp. 6, 7. Emphasis added.

¹⁸ The Uralla Times and District Advocate, (NSW), Sat 23 Apr 1921, p. 2. Emphasis added.

¹⁹ The Sydney Morning Herald, Tue 19 Oct 1948, p. 12.

Indecent Assault