Dubbo Dispatch and Wellington Independent, Fri 4 Mar 1921 1
QUARTER SESSIONS
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The Dubbo Quarter Sessions opened on Tuesday morning, before his Honor, Judge Armstrong. Mr WT Lewis, Deputy Sheriff, occupied a seat on the Bench. Mr GW Davies was Registrar and Mr TS Crawford was Crown Prosecutor.
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TOORAWEENAH CASE.
Aiden Silvester [or Sylvester] Shumack was charged with a serious offence against a little boy at Tooraweenah on December 24.
Accused, who pleaded not guilty, was defended by Mr Horatio Beveridge, of Gilgandra.
The following jury was empanelled: Messrs TC McMillan, Jas Logue, WO Manning, CG Nail, RL Corrie, G Graham, JJ Reid, EA Jarrett, HM Edmonstone, A Mawley, Jas Dempster and JE Whiteley.
The evidence revealed a shocking state of contempt for moral laws amongst many of the younger generation at Tooraweenah. The circumstances were of a revolting nature.
Mr Beveridge lost not a single point that might tell in favor of the accused. He was alert in cross-examination, and in addressing the jury he was forcible and logical, making the most of every small circumstance or fact that might tend to the mitigation of the unspeakable offence.
The jury, after a retirement of four hours, found the accused guilty.
His Honor announced that he would defer passing sentence till the morning. (It was now but a few minutes to 11 pm). He wished to give the case his serious consideration.
Mr Beveridge pleaded that the accused be given the benefit of the First Offenders’ Act , and, as he (Mr Beveridge), had to leave for Gilgandra at 6 o’clock next morning on business, which could not be postponed, he asked that the prisoner be dealt with at once.
His Honor repeated that he wanted to think over the matter, and he wished to defer sentence till 9 am on Wednesday, but he would hear what Mr Beveridge had to say.
Mr Beveridge in urging his appeal for the privileges of the First Offenders’ Act , said that the prisoner was 23 years of age. He was a returned soldier, 2 one who had enlisted as a youth and who had been 3 years at the war. During his active service he had sustained injuries to his head, and then had given way to drink. On that score he had, however, now reformed, and if he were not sent to gaol his people would take proper care of him. Sureties for his good behaviour would be immediately forthcoming. His Honor could see by the manner in which prisoner gave his evidence that at present he was not normal.
His Honor agreed with Mr Beveridge. It seemed to him, too, that prisoner was not quite normal at present. Prisoner manifested a certain moral obtuseness. Apparently he did not regard his disgusting actions as a serious offence. Had the offence been committed against a little girl, he (his Honor), would certainly not entertain a request for the benefit of the First Offenders’ Act . He had always refused such applications in such cases, but he had not always refused it in the case of offences against little boys. He would note carefully what Mr Beveridge had said and would pass sentence in the morning. It would not be necessary for Mr Beveridye [sic] to wait, for he believed Mr Crawford (Crown Prosecutor) would in the utmost fairness represent the plea of Mr Beveridge.
Mr Crawford having promised to do this, sentence was deferred.
On Wednesday morning, on taking his seat on the bench, his Honor announced that he had decided to take the course that Mr Beveridge had asked for and give prisoner the benefit of the First Offenders’ Act . It appeared to him that while the prisoner was not mentally deficient he showed to some extent a want of capable mental equipment. All the circumstances considered no wrong would be done to the public by his taking the course which prisoner’s attorney had asked for. He sentenced prisoner to 5 months, but suspended sentence on his entering into a bond of £50 to be of good behaviour for 12 months. The surety was immediately forthcoming, and Shumack was set at liberty.
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The Dubbo Liberal and Macquarie Advocate, Fri 4 Mar 1921 3
QUARTER SESSIONS.
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The Dubbo Quarter Sessions opened on Tuesday before his Honor Judge Armstrong. Mr TS Crawford was Crown Prosecutor and the only other member of the Bar present was Mr Maxwell.
Mr GWH Davies was Deputy Clerk of the Peace and Mr WT Lewis Deputy Sheriff, occupied a seat on the Bench.
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INDECENT ASSAULT.
Aiden Sylvester Shumack, [23], pleaded not guilty to a charge of indecent assault on a child, alleged to have been committed by him at Tooraweenah on 24th December, 1920. He was defended by Mr H Beveridge, of Gilgandra.
Evidence for the Crown was given by Algernon [or Alginon] Norris, 8 years of age, Sarah McKenna (his grandmother), Constable Stonnaix, and Dr Peat.
The accused, from the witness box, denied the charge, and detailed his movements on December 21st, stating that he had been working all day carting wheat. He was actively employed from 7 o’clock until 8 at night.
William Shumack also gave evidence for the defence, stating that accused had worked for him throughout 21st December from 7 in the morning until sundown, except during the lunch hour.
Jane Shumack, grandmother of the accused, in her evidence, said accused had only been home during the lunch hour on December 21st. She admitted saying to Mrs McKenna that the matter would not have been reported to the police, as no harm had been done to the boy.
At the close of the evidence advocates addressed the jury, and his Honor summed up.
The jury, after deliberation, found the accused guilty, the he was sentenced to five months’ imprisonment in Goulburn Gaol, the sentence to be suspended on prisoner entering into his own recognisance in the sum of £50, and one surety of £50, to be of good behaviour for 12 months.
Harold Donald Jones, 1935
The Gilgandra Weekly and Castlereagh, Thu 13 June 1935 4
DISMISSED
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STORY OF MISSING
COAT
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CASE FROM TOORAWEENAH
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Image: NSW State Library collection. Reproduction: Peter de Waal
At the conclusion of a case at the Gilgandra Police Court on Monday, in which Harold Donald Jones was charged with allegedly stealing one overcoat to the value of £3, the property of A[iden] S[ylvester] Shumack, the PM, Mr Farrington, at the termination of the evidence, remarked that the coat was alleged to have been stolen on 7th April, and the owner apparently made no enquiry to the police until two months after. Defendant said he had the coat and apparently no effort was made to sell or conceal it. He was not satisfied beyond a reasonable doubt that defendant did steal the coat , and therefore would dismiss the case, and order that the coat be returned to Shumack.
Constable Cole, of Tooraweenah, deposed: On Wednesday, 5th June, I saw the defendant at Ridgeland, near Tooraweenah, and told him he had better come in my car. He asked what was wrong, and I told him I was making inquiries about some petrol reported stolen and also an overcoat. Defendant asked whose overcoat, and I wold him Shumack’s. I then went with defendant to his camp. His car was at the back of the tent. I there saw the overcoat (produced) in the back of the car. Defendant said he did not know where he got the overcoat, as it was left in the car, and he had had it for about two months. When told that it answered the description of a coat reported stolen from Tooraweenah, he said, “That is the coat, but I did not steal it. I stopped at the Tooraweenah Hotel one Saturday night in room 5, with Aiden Shumack and Russell Dean, and on the Sunday I took Dean and a girl from the hotel, together with a Mr Jennings, to Coonabarabran. We returned to Tooraweenah and when I got to my camp on the Monday the coat was in the car.” I told defendant that that was nearly two months ago and asked him what efforts he had made to find the owner, and he said he went to Tooraweenah the following Saturday to see Rusty Dean but he was not there. He did not see Dean with the coat or did he suggest that Dean had put [it] in the car, but he thought that it may have been his. I then told defendant that I would detain him until I made further enquiries, and on the 5th inst I saw him and told him I had been talking to Russell Dean, and had made up my mind to charge him. After the usual caution, defendant said, “They are sticking it into me. They can go their hardest. I know I will be convicted, but I will not plead guilty. I have never pleaded not guilty in my life before.” Defendant then made a statement (produced). On the 6th inst, in the presence of defendant, the overcoat in court was identified by Shumack as his property, having been left in room 5 at Mrs Rogers’ Hotel nearly two months previous, when he stopped there a night with Jones and Dean.
Aiden Sylvester Shumack, of Tooraweenah, gave evidence as to staying at Mountain View Hotel on 6th April. The coat produced was valued at £3, and was left over the foot of his bed that night. Rusty Dean and defendant were in the room. The coat was missed on 7th April, and the loss was reported to Mrs Rogers. On 3rd June he saw Constable Cole. The coat had not been knocked about.
Rupert Alexander Dean, of Tooraweenah, gave evidence to the effect that he went to bed between 11 and 12 pm, and about 12.30 or 1 am Shumack came into the room and left his overcoat on the foot of the bed. He left the following day with defendant and went to Coonabarabran. He did not see the overcoat in the car, but defendant had a suit case with him and a box of groceries. They travelled via Uargon to Coonabarabran and Jones pulled up at his camp and took the suit case and box out of the car and put them in his tent.
This concluded the police case, defendant asking no question of the various witnesses.
In evidence, Jones said he was a rabbiter and resided at Coonabarabran. He stayed at the hotel in room 5 with Dean and Shumack on the Saturday night, and next morning, after he had a few drinks, went to Coonabarabran. He arrived back at Tooraweenah between 3 and 4 am and got to bed about daylight. He made for his camp about 8 am and hurried to work. When he went back to the camp at dinner time the overcoat was in the car and he thought it must belong to Rusty Dean. He then took the coat, folded it up, and placed it on the bed and on the following Saturday when he went to Tooraweenah he tried to find Dean, but he was not in town, and he had not seen him since until that day at court. The coat was always at his camp, until Saturday week last, when he put it in the car. After going to Tooraweenah, in the company of another young chap, and on to Gilgandra, he was arrested. He did not steal the coat and could not say how it got in the car. Constable Cole was at his camp once or twice before he was arrested.
Witness was cross-examined by Sergeant Taylor, during which he said he did not tell anyone about the coat, because he believed it belonged to Dean. When he was arrested for the blankets, he did not mention anything about the boat to Constable Cole. It was in the tent then, and they had sat on it.
The Magistrate then gave his decision.
1 Dubbo Dispatch and Wellington Independent, Fri 4 Mar 1921, p. 4.
2 To view Aiden Silvester Shumack’s WWI digitised service record (service No. 2876, barcode 8083445) go to: www.naa.gov.au
3 The Dubbo Liberal and Macquarie Advocate, Fri 4 Mar 1921, p. 3. Emphasis added.
4 The Gilgandra Weekly and Castlereagh, (NSW), Thu 13 Jun 1935, p. 6. Emphasis in original and added.