David Robert Clifton, 1909 – Indecent assault
Below also see: David Robert Clifton, 1925 – Indecent assault
David Robert Clifton, 1937 – Death
Geelong Advertiser, Thu 14 Oct 1909 1
REMARKABLE CASE AT BIRREGURRA
———◦———
INFURIATED FATHER'S REVENGE
Image: Victorian State Library collection. Reproduction: Peter de Waal
A somewhat remarkable private criminal prosecution was heard at the Birregurra Police Court yesterday before Mr G Read Murphy, PM, when Henry Augustine Brady, 2 a well-known local publican, was committed for trial for alleged maliciously wounding a carpenter named David Robert Clifford [sic], aged 35. Mr Wighton appeared for the informant, and Mr Doyle for Brady, who is an ex-member of the police force, which he left through losing his leg by a revolver accident at the time of the Duke of York’s visit to Melbourne.
There were certain revolting particulars connected with the case. The evidence showed that Brady, in consequence of certain statements made to him, came to the conclusion that he man Clifford had been mishandling his son, aged 14, who made a statement confirming the allegations. Clifford shortly after came into the stable at the hotel, and Brady accused him of the charge, which he denied. Brady then ordered his son to go for the police, but Clifford urged him not to take that course. Brady then said he would take the matter in his own hands. He then assaulted Clifford, breaking his nasal and frontal bones and blackening both eyes. A neighbour named Chas Avery came in and expostulated, stating that it was not fair play. Brady then desisted, and Clifford left. A brother of the informant gave evidence that Brady informed him that at first he intended to kill him with a pitchfork, but something came over him, and he decided to punish him in another way. Had it not been for the intervention of Avery, he might have killed him.
The police magistrate, after the close of the case for the prosecution, said it might assist the defence if he stated the opinion he had come to. Though the plaintiff may have deserved the punishment he got, there was no justification for the defendant taking the law into his own hands, and committing a violent assault. Under the circumstances, he would commit Brady for trial unless the evidence for the defence contradicted the plaintiff’s case. After hearing the facts as submitted by the defence, Mr Murphy committed the accused for trial to the Ballarat Supreme Court. He directed the police to make inquiries into the allegations, and prosecute Clifford if necessary.
~ ~ ~ ~ ~
The Age, Fri 15 Oct 1909 3
COMMITTED FOR TRIAL FOR
ASSAULT.
Birregurra, Thursday.
At the local court, before Mr Read Murphy, PM, Harry A Brady, licensee of the Royal Mail Hotel, was charged with assaulting David Robert Clifton. The evidence showed that in consequence of certain statements Brady concluded that Clifton had been guilty of an offence against his boy, aged 14 years. The boy made a statement confirming the allegation, and subsequently Brady met Clifton in the stable of the hotel. Clifton denied the charge, and Brady was about to send for the police, but Clifton asked him not to do so. Brady then took the law in his own hands. He broke informant’s nasal bone, and injured both eyes. At this stage a neighbour named Avery stopped the assault. Clifton’s brother, in evidence, stated that Brady informed him that he had intended killing complainant with a pitchfork, but had changed his mind. The police magistrate thought complainant might have deserved the punishment he had got, but that was no justification for defendant taking the law in his own hands, and he committed him for trial at the Ballarat Supreme Court. He also directed the police to make further inquiries into the allegations against Clifton, and to prosecute him if necessary.
~ ~ ~ ~ ~
The Colac Herald, Fri 15 Oct 1909 4
A SERIOUS CHARGE
———◦———
A BIRREGURRA CASE.
————
Harry A Brady, licensee of the Royal Mail Hotel, was proceeded against on summons at the Birregurra Police Court on Wednesday on a charge of having unlawfully and maliciously inflicted grievously bodily harm on David R[obert] Clifton, aged 35 years on October 11th. Mr Jas Wighton conducted the prosecution, and Mr JP McCabe Doyle appeared for the defendant. The case for the prosecution was that on the date named, Clifton, who was employed by the defendant as handy man was accused by Brady of a serious offence, and that the defendant followed up the accusation by thrashing Clifton unmercifully with his fists. Two brothers of the prosecutor had an interview with defendant on the same evening, and he informed them that it was lucky for their brother David that he did not have a revolver at the time he thrashed him, as he would have shot him.
The medical evidence showed that Clifton’s nose was broken, the frontal bone fractured, three teeth broken, his eyes blackened and badly brushed.
Brady admitted that he had thrashed the man severely, and did not know how many times he struck him, but he felt that he had received great provocation, as it had come to his ears that Clifton had polluted the mind of his (Brady’s) 14 year old son, and had behaved in a disgusting way towards the boy.
The police magistrate (Mr Read Murphy) committed Brady for trial at Ballarat on the 19th inst bail being allowed in accused’s personal bond of £10.
The PM directed the police to make enquiries into the allegation against Clifton, and, if necessary prosecute him.
~ ~ ~ ~ ~
The Age, Wed 20 Oct 1909 5
COUNTRY NEWS.
———◦———
BALLARAT.
SUPREME COURT.
The October sittings of the Supreme Court were opened on Tuesday, before Mr Justice Hodges, with Mr JA Gurner prosecuting for the Crown.
The following persons pleaded guilty:—Joseph Keating, illegally pawning a watch belonging to Albert Macrow and others; Thomas Humphrey Davey and Geo Wilson, breaking into the shop of John Barrell; Harold Cottle, defrauding WM Morgan and Robert Sim by means of valueless cheques; Henry [sic] A Brady, unlawful assault on David R Clifton, at Birregurra, near Geelong. They were remanded for sentence.
~ ~ ~ ~ ~
The Ballarat Star, Wed 20 Oct 1909 6
UNLAWFUL ASSAULT.
————
AN EX-CONSTABLE CHARGED.
————
NOMINAL PENALTY IMPOSED.
————
Henry Augustine Brady, an ex-constable, pleaded guilty to a charge of having unlawfully assaulted David [Robert] Clifton at Birregurra on the 4th October.
Mr Doyle, of Geelong, appeared for the accused, who was remanded for sentence.
In explaining the circumstances, counsel said that for 14 years accused had been a member of the police force, and was injured whilst on duty. Since his retirement from the service he had conducted an hotel business to the satisfaction of the police. The man Clifton was on friendly terms with the family until accused learnt that his son had been told a dreadful story of depravity by him. At first accused was inclined to send for the police, but in order to avoid exposure he went to settle the matter there and then.
His Honor ordered the accused to be imprisoned until the rising of the court.
~ ~ ~ ~ ~
The Colac Herald, Wed 20 Oct 1909 7
BALLARAT SUPREME COURT.
———◦———
BIRREGURRA ASSAULT CASE.
————
(By Telegraph.)
Ballarat, Tuesday.
At the Supreme Court to-day Henry [sic] Augustine Brady, of Birregurra, pleaded guilty to assaulting [David] Robert Clifton at Birregurra on the 4th October, occasioning him actual bodily harm.
Mr Doyle, addressing His Honor pointed out the terrible provocation which Clifton’s conduct had given accused. After a few minutes Mr Doyle was stopped by the judge, who said he would sentence accused to be imprisoned till the rising of the court.
~ ~ ~ ~ ~
Geelong Advertiser, Wed 20 Oct 1909 8
COUNTRY NEWS.
———◦———
BALLARAT
————
…
BALLARAT SUPREME COURT.
The October sittings of the Ballarat Supreme Court were opened on Tuesday, Mr Justice Hodges presiding.
…
BIRREGURRA ASSAULT CASE.
Henry Brady pleaded guilty to assaulting David R Clifton at Birregurra. Mr McCabe Doyle pleaded extenuating circumstances, and the accused was imprisoned till the rising of the Court.
~ ~ ~ ~ ~
The Albury Banner and Wodonga Express, Fri 22 Oct 1909 9
VICTORIA.
————
…
At the Birregurra court, before Mr Read Murphy, PM, Harry A Brady, licensee of the Royal Mail Hotel, was charged with assaulting David Robert Clifton. The evidence showed that in consequence of certain statements Brady concluded that Clifton had been guilty of an offence against his boy, aged 14 years. The boy made a statement confirming the allegation, and subsequently Brady met Clifton in the stable at the hotel. Clifton denied the charge, and Bray [sic] was about to send for the police, but Clifton asked him not to do so. Brady then took the law in his own hands. He broke informant’s nasal bone, and injured both eyes. At this stage a neighbour named Avery stopped the assault. Clifton’s brother, in evidence, stated that Brady informed him that he had intended killing complainant with a pitchfork, but had changed his mind. The police magistrate thought complainant might have deserved the punishment he had got, but that was no justification for defendant taking the law in his own hands, and he committed him for trial at the Ballarat Supreme Court. He also directed the police to make further inquiries into the allegations against Clifton, and to prosecute him if necessary.
~ ~ ~ ~ ~
North Melbourne Courier and West Melbourne Advertiser, Fri 22 Oct 1909 10
NEWSLETS AND NOTELETS.
———◦———
Cool week.
…
The Criminal sittings of the Ballarat Supreme Court were opened on Tuesday, before Mr Justice Hodges, and five prisoners pleaded guilty, three were found not guilty, and one [Harry Augustine Brady] on conviction was ordered to be imprisoned till the rising of the court. The quickest country sitting of the Supreme Court was probably a few years ago when the same judged arrived in Castlemaine in the afternoon, sentenced a solitary prisoner who pleaded guilty, and caught the train arriving in Melbourne early in the evening.
David Robert Clifton, 1925
Barrier Miner, Mon 10 Aug 1925 11
ALLEGED INDECENT ASSAULT
———◦———
ACCUSED IS REMANDED
————
David Robert Clifton (52) appeared before Mr GA Stevenson, SM, in the Police Court this morning charged by warrant with having on July 15, 1925, indecently assaulted Richard Henry Charming, a male person.
Inspector Dimond said that the police were not quite ready to go on and from a conversation he had had with Mr Davoren, who was appearing for the defendant, an adjournment for a fortnight would suit both parties.
Mr Davoren suggested an adjournment till August 25.
The magistrate granted an adjournment till August 25 and allowed bail at self in £100, with one surety for £100, or two sureties of £50 each.
~ ~ ~ ~ ~
Barrier Miner, Tue 25 Aug 1925 12
ALLEGED ASSAULT
————
In the Children’s Court this morning a man [David Robert Clifton] was committed for trial on a charge of having assaulted a boy on July 15. As the case was taken in the Children’s Court, the press was excluded.
~ ~ ~ ~ ~
Barrier Miner, Tue 15 Dec 1925 13
QUARTER SESSIONS
———◦———
LIST OF CASES
————
A sitting of the Quarter Sessions and District Court will be opened in the Courthouse to-morrow by Judge Bevan. It was announced to-day that no District Court cases will be taken before Thursday. The list of cases is as follows:—
James Frederick Johns, indecent assault.
Joseph Farrugia, assault occasioning actual bodily harm.
Basil Fuller and George Edward James Dittmar, embezzlement of £2045/13/1.
David Robert Clifton, indecent assault.
~ ~ ~ ~ ~
Barrier Miner, Wed 16 Dec 1925 14
RAILWAY EXCURSIONS
———◦———
ARRIVALS AND DEPARTURES
———
As a result of the schools breaking up to-day it is anticipated that the express will to-night take away a record crowd of passengers for South Australia and other States. In addition to the ordinary holiday makers taking advantage of the excursions most of the school teachers will leave for other parts to spend their vacation. The excursion started on December 8 and since that time the number of departures has been increasing nightly. On Monday night 188 departed, but that total was eclipsed last night when the express took away 190 (75 males, 98 females and 17 children). The train in this morning, running 20 minutes late, arrived with 52 passengers (27 males, 20 females, and 5 children).
The daily total of arrivals and departures since December 8 is as follows:—
| In | Out | |
| December 8 | — | 88 |
| December 9 | 28 | 69 |
| December 10 | 39 | 85 |
| December 11 | 35 | 100 |
| December 12 | 92 | — |
| December 14 | — | 188 |
| December 15 | 77 | 190 |
| December 16 | 52 | — |
| Totals | 323 | 720 |
————————
COURT INTERRUPTIONS
———
During a case in the Quarter Sessions this morning, Captain PV Storkey, VC, was examining a witness when a tram steamed along Argent-street. He tried to make himself and the witness heard, but Judge Bevan said: “It’s no use, we will have to wait for the tram to go by.”
Later the noise of a motor cycle interrupted, and again brought a remark from Judge Bevan. He said: “I can’t hear when these motor cycles go by. They make such a row.
~ ~ ~ ~ ~
Barrier Miner, Thu 17 Dec 1925 15
ALLEGED INDECENT ASSAULT
———◦———
ACCUSED FOUND NOT GUILTY
———
At the Quarter Sessions to-day, before Judge Bevan, David Robert Clifton was charged with having in June and July, 1925, indecently assaulted a boy, [Richard Henry Channing]. 16 & 17 Mr JJ Davoren appeared for the accused, who pleaded not guilty.
The following jury was sworn in:—WJ Edwards, A Rose, FH Moyle, G Twist, RHR Calder, AA Whitehead, G Richardson, AB Cook, M James, SS Nettle, CJ McAllister, and E Bennetts. The accused challenged four jurors.
Evidence in support of the Crown case was given by Detective-Constable AL Hill and two boys 13 and 12 years of age.
The accused, in defence, made a statement from the dock. Evidence for the defence was given by William Pryor, laborer; while Michael Gilbert Seery, master butcher; Alfred Ernest Greenwood, shift-boss; John Nalia Jonas, the town clerk; and Edward Pedergnana [sic], grocer, gave evidence as to character.
Mr Davoren addressed the jury for 18 minutes, and the Crown Prosecutor for 12 minutes.
Judge Bevan summed up for 22 minutes.
The jury retired at 12.54 o’clock. The Court then adjourned until 2 o’clock.
At 2.20 o’clock the jury returned, and Mr Edwards, the foreman, announced the verdict as one of not guilty.
The Court of Quarter Sessions was then adjourned sine die.
~ ~ ~ ~ ~
Barrier Daily Truth, Fri 18 Dec 1925 18
[BROKEN HILL QUARTER SESSIONS, before Judge Bevan]
ALLEGED INDECENT ASSAULT
———
ACCUSED IS DISCHARGED.
———
David Robert Clifton, hairdresser, was charged with committing an indecent assault on a boy 13 years of age some time in the months of June and July, 1925. Accused pleaded not guilty, and was represented by Mr JJ Davoren.
Captain PV Storkey prosecuted.
The following jury was sworn:– WJ Edwards, A Rose, FH Moyle, G Twist, RHR Calder, AA Whitehead, G Richards, AB Cock, M James, SS Nettle, CJ McAllister, E Bennetts.
Detective Constable ALW Hill deposed that, with Constable Flanagan, he saw accused in August 7 last at his residence, where he was busy in his hair-dressing salon. Witness asked him did he know the boy in question, and he said he had been working for him. Accused denied the accusations of the boy that he had assaulted him (the boy). He said the boy’s version was all lies. Accused said the boy was under school age, and had to go to school. Clifton was later charged, but did not reply.
To Mr Davoren: Accused had had a business in South Broken Hill for years, and had lived there for about fifteen years.
The boy concerned [Richard Henry Channing] said he worked for accused for three weeks, and was learning the trade. The offence was committed on six different occasions.
To Mr Davoren: He made a complaint to his school teacher, Constable Flanagan, and his father. He remembered saying in his yard one day that he had nothing against accused, only he had to follow what another boy said. He told the same story as the other boy did regarding other offences.
The other boy deposed that he saw accused commit an offence on the previous witness. The accused committed a similar offence on witness about nine times.
From the dock, accused [David Robert Clifton], in defence, said he was a bachelor, and had never been in trouble before. He had been in business for fifteen years. He denied any suggestion of impropriety with the boy.
William Pryor, millhand, gave evidence that he did not see the boy in question at accused’s bedroom one morning.
Michael Gilbert Serry, butcher, at South Broken Hill, deposed that he had known accused for thirteen years, and his character was regarded as good.
Albert Ernest Greenwood, shiftboss on the Proprietary Mine, deposed that he had known Clifton for 17 or 18 years, and knew nothing against his character. Witness’ son learnt his trade from Clifton satisfactorily.
John Nalia Jonas (Town Clerk and City Manager) deposed that he had known accused for about 10 years, and he regarded him as a man of high character.
Edward Pedergana, grocer, at Piper Street, deposed that for close on 15 years he had known accused, who was a friend of his and a man of high character.
That concluded the evidence.
Mr Davoren (for accused) and Captain Storkey (prosecutor) addressed the jury, which retired over the lunch hour. Returning shortly after 2 pm, they brought in a verdict of not guilty. Accused was then discharged.
David Robert Clifton, 1937
Barrier Miner, Mon 22 Nov 1937 19
MR D CLIFTON DEAD
————
The death occurred at his residence, 51 Whittaker-street, South Broken Hill, on Saturday of Mr David Robert Clifton, aged 63 years. The funeral was held yesterday afternoon, leaving his residence at 4 o’clock for the Presbyterian Cemetery. The bearers were Messrs J Anderson, J Rivett, A Koske, V Ridley, W Clarke, and J Clarke. The Rev GE Mowland officiated at the grave side. Fred J Potter and Son had charge of the funeral arrangements.
1 Geelong Advertiser, (Vic), Thu 14 Oct 1909, p. 4. Emphasis added.
2 The Age, (Melbourne, Vic), Wed 9 Sep 1936, p. 9.
“DEATH OF TROTTING STEWARD.
The death occurred yesterday, after a short illness, of Mr Henry Augustine Brady, 72 years, of Michael-street, North Fitzroy. He was well known in trotting and racing circles, and for ten years had officiated as a steward at the trotting meetings conducted by the Victorian Trotting and Racing Association at Ascot. He also acted as a judge or trotters at the Royal Agricultural Show. Mr Brady was formerly a member of the police force, in the remount division. He sustained severe leg injuries as the result of an accidental shot wound, and afterwards retired on a pension. He later engaged in business as a licensed victualler. He leaves a widow and six children.”
3 The Age, (Melbourne, Vic), Fri 15 Oct 1909, p. 11. Emphasis added.
4 The Colac Herald, (Vic), Fri 15 Oct 1909 p. 2. Emphasis added.
5 The Age, (Melbourne, Vic), Wed 20 Oct 1909, p. 8. Emphasis added.
6 The Ballart Star, (Vic), Wed 20 Oct 1909, p. 4.
7 The Colac Herald, (Vic), Wed 20 Oct 1909 p. 3. Emphasis added.
8 Geelong Advertiser, (Vic), Wed 20 Oct 1909, p. 4.
9 The Albury Banner and Wodonga Express, (NSW), Fri 22 Oct 1909, pp. 34, 35. Emphasis added.
10 North Melbourne Courier and West Melbourne Advertiser, (Vic), Fri 22 Oct 1909, p. 3. Emphasis added.
11 Barrier Miner, (Broken Hill, NSW), Mon 10 Aug 1925, p. 2 .
12 Barrier Miner, (Broken Hill, NSW), Tue 25 Aug 1925, p. 4 .
13 Barrier Miner, (Broken Hill, NSW), Tue 15 Dec 1925, p. 2 . Emphasis added.
14 Barrier Miner, (Broken Hill, NSW), Wed 16 Dec 1925, p. 3 .
15 Barrier Miner, (Broken Hill, NSW), Thu 17 Dec 1925, p. 1. Emphasis added.
16 Barrier Daily Truth, (Broken Hill, NSW), Fri 3 Sep 1948, p. 4.
“DEATH OF MR RH
CHANNING
————
The death occurred in Adelaide yesterday (Thursday) of Mr Richard Henry Channing at the age of 36 years. Deceased was born in Broken Hill, and worked as a miner at Zinc Corporation until about six weeks ago, when he went to Adelaide for medical treatment. He leaves a widow and family of three children. He was a member of the Zinc Sickness Fund, WIU of AIOOF, Picton Lodge, No. 68, and the South Football Club, of which he was at one time a member.
The remains are being brought back to Broken Hill for interment in the Anglican Cemetery tomorrow. The funeral will leave his late residence, 111 Patton Street, South Broken Hill, at 2 pm. Rev A McDonald will officiate at the burial service.
Fred J Potter &Son in conjunction with H Partingten, Adelaide, have charge of the funeral arrangements.”
17 Barrier Daily Truth, (Broken Hill, NSW), Mon 6 Sep 1948, p. 3.
“FUNERAL OF MR RH
CHANNING
————
The funeral of Mr Richard Henry Channing, who passed away in Adelaide at the age of 36 years, took place on Saturday afternoon, leaving his late residence, 111 Patton Street, at 2 pm, for the Church of England Cemetery. The burial services at the house and graveside were delivered by Rev A McDonald. The following representatives were present at the funeral: Alma Sporting Club, Mr W Nicholas; IOOF, Picton Lodge, Mr RA Hines; WIU of A, Mr EC Thompson; South Football Club, Mr H Cooper; Zinc Corporation, Mr J Scougall; Zinc Corporation Employees’ Sickness Fund, Mr W Waghorn. The bearers were Messrs L Cook, J O’Sullivan, W Roberts, T Cook, O Grenfell and Renton.
The funeral arrangements were carried out by Fred J Potter & Son.”
18 Barrier Daily Truth, (Broken Hill, NSW), Fri 18 Dec 1925, p. 1 . Emphasis added.
19 Barrier Miner, (Broken Hill, NSW), Mon 22 Nov 1937, p. 3 .