John Wagg, 1917
Below also see: John Wagg, 1927 – Indecent assault

 

The Bathurst Times, Fri 21 Sep 1917 ¹

RECEIVING STOLEN GOODS
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John Wagg Fined £10.
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Sequel to John Kelly’s
Theft.
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Accused’s Action “Worse
Than Thief.”
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    John Wagg, laborer, was charged at the Bathurst Police Court this morning before Mr C Jennings, SM, with receiving one whip, one rug, and two buckets on the 10th September, well knowing them to have been stolen.

    Mr AG Thompson appeared for accused.

HOW GOODS WERE FOUND.

    Constable [Ernest Alfred] Rhall stated that about 9.30 pm on the 11th inst in company with Sergeant Sheehy he went to accused’s residence at the corner of George and Piper streets. Sergeant Sheehy asked accused if he had seen Jack Kelly about anywhere. Accused replied, “Yes, he was here.” The sergeant asked Wagg is [sic] he had any goods with him. Accused replied that he had some goods which he left with defendant, and said that he gave Kelly 6d for the whip, and 1/- for the other articles. Sergeant Sheehy took possession of the rug, whip, and two buckets. On the following day a man named John Kelly was convicted for stealing the property mentioned. On the night the police saw Wagg at his residence, Sergeant Sheehy asked accused if he had found out where Kelly got the property from, and he replied, “No, I thought they were his own.”

    Mr Thompson: There was no attempt at concealment by Wagg was there—No, he went in and got the things straight away.

WHAT A LAUNDRYMAN SAW.

    Thomas Walsh, laundry proprietor, residing in George-street stated that on Monday, the 10th inst he saw accused on the corner of George and Piper streets in front of his premises a little after 7 pm. He also saw John Kelly there that night. Kelly walked from near Mr Boyd’s produce store with a whip in his hand, and asked witness to buy it. Witness said he did not want it. Then accused walked towards witness and Kelly said, “Give me 1/- for this whip, Wagg.” Accused replied, “it is not worth 1/-; here’s 6d Wagg walked away, threw the whip in his doorway and returned to Kelly and said, “What else is that you’ve got, Jack” Kelly replied, “I don’t know what it is; tear the paper off and see.” Accused tore the paper off and said, “I can’t read. What is this” at the same time striking a match. Accused said, “What does this say on that, Tom?” Witness replied, “It is Neave’s Infant Food.” Kelly said, “Oh, give us 1/- for that Jack; it is worth three or four bob.” Accused replied, “Oh no, 6d is enough Jack.” At that time witness saw Harry McEvoy come out of Wagg’s back gate and witness went to walk down George-street. At that moment he heard Kelly say, “Wait a minute, Jack; I will go over gain.” Witness and McEvoy walked down to the other corner, and he saw Kelly go to a buggy in the street. Kelly then walked back to Wagg and witness heard him sa, “Give us 2/6 for this Jack.” Accused replied, “No, 2/- is enough, Jack.” Witness and McEvoy then walked down the street. While Kelly went over to the buggy accused was standing near his own place. It was about fifty yards between the buggy and accused’s premises.

UNDER CROSS EXAMINATION.

    Mr Thompson: Did you hear Kelly say what he wanted the money for?—Not at all.

    Did you hear all the conversation between Wagg and Kelly on the first occasion?—I think so.

    Did you see where Kelly came from on the first occasion?—When I saw him he was coming over from the buggy.

    What do you think Kelly meant when he said, “Stay there, and I’ll go over again”?—I didn’t know what he meant.

    He didn’t tell Wagg where he got the things, did he?–He had a very good idea.

    It was a dark night, was it not?—Not too dark, with the big light on that corner.

    The second time when Kelly went back to Wagg you say you heard a conversation with Wagg?—Yes.

    How far away were you?—Just on the opposite side.

    Didn’t you hear Kelly say to Wagg that he wanted a shilling to get his supper”—Not at all.

    You talked this matter over with the Sergeant, didn’t you?—Oh, no.

    Who saw you on behalf of the police?—I went and saw the police.

    When did you see the police?—On Saturday night.

    When you saw Kelly stealing these things from the buggy you didn’t go and tell the police, did you?—No.

    Why didn’t you?—I had no cause to.

    You have cause to now?—Wagg told me that he told the Sergeant that I saw him buy the things off Kelly.

    Although you saw Kelly steal these things you didn’t think it your duty to tell the police?—I had no cause to.

    You had cause to go to the police and tell them on Saturday night?—In that case I went on my own accord.

    Sergeant Sheehy: When did you hear that Kelly was arrested for stealing the goods?—The next day.

    Sergeant Sheehy: So there was no necessity for you to tell the police.

    The SM: Was Kelly drunk or sober that night?—He was drunk.

EVIDENCE OR CORROBORATION.

    Henry [sic] McEvoy, laborer, living at accused’s premises, corroborated the previous witness’ evidence.

    Mr AJ Bryant, assistant CPS, produced the depositions taken in the case against John Kelly at the Court on the 14th inst, 2 for stealing one rug, one whip and two buckets.

    Accused was then charged. He elected to be summarily dealt with and pleaded not guilty.

ACCUSED'S EVIDENCE.

    John Wagg stated that on the night of the 11th inst he was standing at the corner in front of his residence when Kelly came along and asked him to give him 6d for a whip. Accused then went inside and was sitting there some time when Kelly came along and wanted to sell two buckets and a rug. He asked 1/- for them and said he wanted a bed as Jack Boyd had the key of his house, where his mother died. Accused said, “Jack, these things are no good to me; you can have them back any time you want them.” The statement given by Constable Rhall was correct.

    Mr Thompson: Did you know where Kelly got these goods?—I did not; or I would not have taken them. I have been here 50 years and I have never taken anything yet.

    Where did you think he get them?—I thought he got them from his mother’s place, and that he was hard up.

    Did you see Kelly come from anywhere in particular?—I did not, sir. My eyes are not too good, and as the night was dark, I could not see whether Kelly came up the street or across the street.

    Have you ever been in trouble before?—I have never been in the Court before, except once when I was fined for being drunk.

    Are you in the habit of buying goods?—No, sometimes I might lend a man a couple of shillings if he was short.

    Sergeant Sheehy: What condition was Kelly in?—He was half-way between drunk and sober.

    Did you hear Kelly say, “Wait till I go over again?”—No, he did not say it.

    Did you ask Kelly where he got the articles?—Yes, and he said he brought them from home. He had plenty of time to get them.

WORSE THAN THE THIEF.

    The SM: It seems to me that this is much wore [sic] than a thief. A man gets drunk and this man takes the goods off him very much under value. I fine him £10, or ten weeks’ hard labor, and to pay 8/- costs. Three months were allowed in which to pay.

    An application by Sergeant Sheehy for two witness’s expenses was refused.

 

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John Wagg, 1927

National Advocate, Fri 18 Mar 1927 ³ 

GENERAL NEWS
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…

CHARGE OF ASSAULT

    At the Bathurst Police Court yesterday John Wagg a well known local resident, aged 60, was charged with an assault on a boy. Mr Tate, CM, presided. On the application of the police defendant was remanded to to-day.

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National Advocate, Sat 19 Mar 1927 ⁴

SERIOUS CHARGE
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BATHURST IDENTITY
COMMITTED
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    At the Bathurst Court yesterday, before Mr Scobie SM, an alderly [sic] man named John Wagg, a well-known local identity, was, after considerable evidence had been adduced, committed for trial at the Bathurst Quarter [Sessions with] a charge of having committed an indecent assault on a boy. Mr Frank Kenny appeared for defendant, who reserved his defence. Bail was allowed in £60.

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National Advocate, Thu 19 May 1927 ⁵

IN A NUTSHELL
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NEWS AND NOTES
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…
    Out of the six cases heard at the Bathurst Quarter Sessions, three of them were for indecent assaults on young people.

    Mr WP Kelly, the well known Wellington solicitor, always does well in Bathurst. He is no doubt, in the front rank of his profession.
…

BATHURST QUARTER SESSIONS
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…

JOHN WAGG CONVICTED
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SENTENCED TO SIX MONTHS’ GAOL

    John Wagg (61) a well known identity, was charged with that on March 16 last he did at Bathurst, indecently assault a male person. Accused pleaded not guilty and was defended by Mr HA Hardwick (instructed by Mr WP Kelly, Wellington).

    The following jury were empannelled: [sic]—HV Gavin, AT West, AV Barton, WG Bestwick, JP Sweetnam, PR Dunn, AG Walker, John Mace, AS Bell, JC Locke, GM Baiey, GH Evans.

    The depositions of Sgt Brodie, taken at the lower court with regard to the arrest of accused, were read and admitted by accused on the advice of his Counsel, Sgt Brodie having been called to Sydney.

    Claude James Britt stated on March 16 last, at 10 am, he was in Machattie Park. He saw accused there with some children, and he was pulling their clothes about. This was continued for about an hour and a half. He then took one of the boys away with him and sat on a seat with him. Witness then went and sat close to accused, and he saw him commit an offence. “I spoke to accused and told him if he did not stop fooling with the child I would give him in charge,” added witness. Accused said, “You people do not know what you are talking about; you are bad minded.”

    To Mr Hardwick: When I first arrived in the park, three or four boys and girls were with accused. I was sitting some twenty yards away. There were other people in the park and people were walking backwards and forwards on the footpaths. I was sitting on the seat with a lady. Accused was pulling the children close to him, and pulling their clothes about.

    A man named Boyle was sitting with accused when he was pulling the children about.

    Albert McGregor Edgar, [aka Halberg McGregor Stuart Edgar] a young boy of ten, was called, but after being asked a few questions he showed signs of distress, and was allowed to leave the court.

    Amy Blanche Lane, a married woman, of Bathurst, said that on March 16 last she was in Machattie Park. She saw accused in the back of the park, sitting on a seat with his left arm around the little boy. I heard a gentleman say to accused, “I have caught you ( ?)” she then went to the boy’s mother, and also had a conversation with Sgt Brodie.

    To Mr Hardwick: I have two children of my own;. I saw the man with his arm around the little boy.

    Accused [John Wagg], in a statement from the dock, said that on March 16 he was walking through Machattie Park when he met two boys and sat down and talked to them for a while. On vacating his seat, one of the boys followed him and they sat down facing the telegraph office. Britt did not speak to him. He saw the woman and Boyle go by. When he returned to the Park after dinner, he met Britt, who said, “I will have you locked up before night.” Shortly afterwards he was arrested.

    Edward James Boyle, 65, said he had known accused for about 40 years. On the date in question, he was sitting in Machattie Park with accused and several children were playing with him. One little boy was sitting on accused’s lap. Nothing improper took place between the accused and any of the boys.

    The jury returned a verdict of guilty, with a strong recommendation to mercy on account of accused’s advanced age.

    Mr WH Crago, Deputy Sheriff, and Mr AG Thompson, solicitor, testified as to the accused’s good character, and offering him re-employment.
His Honor said that acts of this nature must be kept down, but he would give accused the full benefit of the jury’s recommendation.

    Constable Wells gave evidence of having occasion to caution accused some time ago for suspicious practices.

    His Honor [Judge Armstrong] in sentencing accused to six months’ light labour in Grafton Gaol said he had taken into consideration the jury’s recommendation, also the evidence given as to accused’s character. No harm had been done to the boy, who was apparently a willing party, but a great deal of moral harm had been done. It was quite evident from the boy’s attitude in the Court that he was bitterly ashamed of himself. However, he could only go by the evidence before him, and he felt that he must send accused to gaol.

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John Wagg, Gaol photo sheet ⁶

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Gaol Photo Sheet - Transcribed Details

No. 22294

Date when Portrait was taken: 30-5-1927

Name: John Wagg

Native place: Bathurst Year of birth: 12-7-1867 Arrived       Ship: in Colony }   Year: BS Trade or occupation previous to conviction  } Chimney Sweep Religion: C of E Education, degree of: Nil Height: 5' 5⅜" Weight     On committal: 146 in lbs     } On discharge: Colour of hair: Light brown to grey Colour of eyes: Grey

Marks or special features: Right leg short. Hair thin on top

(No. of previous Portrait ... )  CONVICTIONS
Where and When				Offence.	Sentence
Bathurst PC Bathurst Q.S Newtown	21 18  8	9 5 2	1917 1927 1935	Receive stolen property  Indecently assault male person Expose person	£10 or 3 months H.L. Fine paid 6 months L[ight] L[abour]. 1 months HL. 849

 

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¹     The Bathurst Times, Fri 21 Sep 1917, p. 1. Emphasis added. There is a further article covering the Bathurst Police Court proceedings in the: National Advocate, (Bathurst, NSW), Sat 22 Sep 1917, p. 3.

²     See: The Bathurst Times, Fri 14 Sep 1917, p. 1, for the Bathurst Police Court report.

³     National Advocate, (Bathurst, NSW), Fri 18 Mar 1927, p. 2.

⁴     National Advocate, (Bathurst, NSW), Sat 19 Mar 1927, p. 6.

⁵     National Advocate, (Bathurst, NSW), Sat 19 May 1927, pp. 1, 2. Emphasis added.

⁶     SRNSW: NRS2467, [3/6119], State Penitentiary photographic description book, 5 May 1927-7 Oct 1927, No. 22294, p. 47.

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