Below also see: John Wilson Gordon Hume, 1944

 

The Cumberland Argus and Fruitgrowers’ Advocate, Thu 31 Jan 1929 ¹

THREE CHARGES
———◦———
MOTORIST REMANDED
————

    Cecil Joseph Burns, at the Parramatta Police Court on Monday, was charged with having driven a motor car while under the influence of intoxicating liquor in Pennant-street, Parramatta, with having used indecent language, and with having resisted Constable Sly.

    On the application of the police. He was remanded until next Monday.

~ ~ ~ ~ ~

The Sydney Morning Herald, Mon 18 Feb 1929 ²

LAW NOTICES.
——
Monday, February 18.
——

…

QUARTER SESSIONS.

…
    No. 2 Court.—Edward Basil Bozier, by wanton driving cause bodily harm; Cecil Joseph Burns, sodomy; William Herbert Grace, carnal knowledge by father.

~ ~ ~ ~ ~

The Sydney Morning Herald, Tue 19 Feb 1929 ³

QUARTER SESSIONS.
No. 1 COURT.
(Before Acting Judge Rowland.)

    Crown Prosecutor, Mr VH Treatt.
…

No. 2 COURT.
(Before Judge Curlewis.)

    Senior Crown Prosecutor, Mr LJ McKean.
…

INDECENT ASSAULT.

    Cecil Joseph Burns, 27, storekeeper, pleaded guilty to having committed an indecent assault on a boy, [John Wilson Gordon Hume, see below], at Ryde, on December 15. Mr ER Abigail appeared for the prisoner, who was remanded for sentence.

~ ~ ~ ~ ~

The Sydney Morning Herald, Thu 21 Feb 1929 ⁴

QUARTER SESSIONS.
No. 1 COURT.
(Before Acting Judge Rowland.)
Crown Prosecutor, Mr VH Treatt.

…

No. 2 COURT.
(Before Judge Curlewis.)

    Senior Crown Prosecutor, Mr LJ McKean.
…

INDECENT ASSAULT.

    Cecil Joseph Burns, 27, storekeeper, who pleaded guilty last Tuesday to a charge of indecently assaulting a boy, was sentenced to four years’ imprisonment with hard labour.

~ ~ ~ ~ ~

The Sydney Morning Herald, Sat 16 Mar 1929 ⁵

COURT OF CRIMINAL APPEAL.
(Before the Acting Chief Justice (Mr Justice
Ferguson), Mr Justice James, and Mr
Justice Campbell.)

    Mr Weigall, KC, appeared for the Crown.
…

REX v. BURNS.

    This was an appeal by Cecil Joseph Burns, who pleaded guilty to a charge of indecent assault on a boy and was sentenced by Judge Curlewis at Sydney Quarter Sessions to four years’ imprisonment, with hard labour. The accused complained of the severity of the sentence. Mr Kinhead (instructed by Messrs RD Meagher, Sproule, and Co) appeared for the appellant.

    The appeal was dismissed.

~ ~ ~ ~ ~

Cecil Joseph Burns, Gaol photo sheet ⁶

---

Gaol Photo Sheet - Transcribed Details

No. 23623

Date when Portrait was taken: 20-2-1929

Name: Cecil Joseph Burns

Native place: Nowra Year of birth: 25-6-1901 Arrived       Ship: in Colony }   Year: BS Trade or occupation previous to conviction  } Laborer Religion: Presbyterian Education, degree of: R & W Height: 5' 9⅛" Weight     On committal: 188 in lbs     } On discharge: Colour of hair: Light brown Colour of eyes: Blue

Marks or special features: Minus tip of right forefinger. Scars on right side of forehead and on right cheek

(No. of previous Portrait ... )  CONVICTIONS
Where and When				Offence.	Sentence
Cessnock PC Parramatta PC ditto Sydney Q.S Court of Criminal Appeal	6 11 11 18 15	3 2 2 2 3	1923 1929 1929 1929 1929	Stealing Drive car whilst under the influence of liquor Indecent language Indecent assault on a male person Application for leave to appeal dismissed	£5or 1 month HL (Paid fine) £20, witnesses expenses £2.2.0 or 4 months HL & licence suspended for 6 months £3 or 21 days HL. Fines paid at Court 4 years Hl Appealed 21-2-1929.

 

---

John Wilson Gordon Hume, 1944

The Courier-Mail, Thu 17 Feb 1944 ⁷

HYBRID CORN EXPERIMENT

…
    IPSWICH.—
…
    Wilhelm Norman Profke was charged in the Court of Petty Sessions yesterday, before Mr C Innes, JP, with having unlawfully killed John Wilson Gordon Hume at Amberley on February 15. Plainclothes Constable LW Ingram gave evidence of arrest. Profke was allowed bail, self in £150 and one surety of £150 or two of £75.

~ ~ ~ ~ ~

Queensland Times, Thu 17 Feb 1944 ⁸

IN THE COURTS
————

…

UNLAWFUL KILLING
CHARGE
————

    Wilhelm Norman Profke was charged that on February 15, at Amberley, he unlawfully killed John Wilson Gordon Hume.

    Plainclothes Constable Lloyd William Ingram gave evidence of arrest, stating that on February 16 he went to George Heit’s farm at Amberley. He interviewed defendant, took him t5o the Ipswich Police Station, and later arrested him. Bail was allowed, defendant in £150, and one surety of £150 or two of £75.

~ ~ ~ ~ ~

The Courier-Mail, Thu 24 Feb 1944 ⁹

AMBERLEY DEATH:
KILLING CHARGE

    IPSWICH, Wednesday.—Wilhelm Profke, 24, storeman, pleaded not guilty and reserved his defence, when charged in the Court of Petty Sessions, before Mr RHH Allen, SM, that on February 15, at Amberley, he unlawfully killed John Wilson Gordon Hume.

    The case was adjourned until February 25.

    Plainclothes Constable LW Ingram said that Profke told him that he heard some one in the house at Amberley calling for help. He ran there and found Hume in the Bedroom of his (Hume’s) wife, from whom he had been living apart. He was threatening her, Profke said, and he rushed in and hit Hume across the mouth with his fist. Hume left the house at about 2.30 pm, and at 7.30 George Heit, at whose house Mrs Hume was staying, was rounding up cattle when he found Hume’s body off the main road, about 100 yards from his gate.

    Dr MS Patterson said that in his opinion the cause of death was fracture and dislocation of the neck.

~ ~ ~ ~ ~

Queensland Times, Thu 24 Feb 1944 ¹⁰

IN THE COURTS
(Before Mr RH Allen, SM.)
————
UNLAWFUL KILLING
CHARGE
————
Question of Committal
————

    Wilhelm Norman Profke (24, storeman) pleaded not guilty and reserved his defence, after evidence had been heard in the court of Petty Sessions yesterday, on a charge that on February 15, at Amberley, he unlawfully killed John Wilson Gordon Hume.

    Mr John Casey appeared for defendant, and Senior-Sergeant SH Patch prosecuted.

    Dr Mervyn Stuart Patterson, GMO, Ipswich, stated that he made a superficial examination of Hume’s body at the Ipswich General Hospital on February 15 and found a number of abrasions about his face and neck, two teeth in the lower jaw almost knocked out, an abnormal amount of mobility about the neck, abrasions to the left ear, and around the chest, blood about the mouth and on the left nostrils, small abrasions on the shin, a few small abrasions on the left side of the neck, left side of the chest, and right cheek. In the post-mortem the next day, witness found no evidence of liquor in deceased’s stomach. He said he also found a rupture in the spinal cord and a dislocation of the neck. In his opinion these were the causes of death. The abrasions could have been caused by a blow of a clenched fist. If liquor had been taken within an hour of death the alcohol would have been in the stomach during the morning of the examination.

    To Mr Casey, witness said that dislocation of the neck, if properly treated could be cured. The minor injuries sustained by deceased could have been caused by means other than a blow from a fist. It might be possible to receive such injuries in a fall frim [sic] a moving motor vehicle, but, under those circumstances, he would expect to find more injuries about the limbs. He would not rule out the possibility of a fall from a motor vehicle.

POLICE EVIDENCE.

    Plainclothes Constable Lloyd William Ingram, of the Ipswich Police Station, said that on February 15 he saw deceased’s body lying on the eastern side of the Harrisville-road, Amberley, about 4ft from the fence of George Heit’s property, about 12 yards on the left-hand side of the bitumen roadway. The next day, at 6.30 am, he went to Heit’s farm, Amberley, where he saw defendant, and asked him to accompany him to the Ipswich Police Station. Mrs Hume was there at the time, and he asked her to accompany them. While travelling in the police car to Ipswich, witness said, he asked defendant what had happened the previous day. Defendant replied that he was working in the shed with George Heit when someone called out from the house, “Help! John is in the house.” Defendant said he ran into the house and went into Mrs Hume’s bedroom, where he saw Hume walking towards his wife and child. The child was on the bed. Defendant said that he heard Hume say to his wife, “You —–, I will kill you.” He then went into the room, hit Hume in the mouth with his fist, gave him a couple of other clouts, grabbed his hands, and held them behind his back.

    Defendant [Wilhelm Norman Profke] stated that they argued, and he took defendant on to the front verandah. Defendant eventually went away. Defendant told witness that the next time he saw deceased was about 7.30 pm when he went down the roadway in front of Heit’s house. Deceased, he said, was lying off the roadway and appeared to be dead.

    Addressing Mrs Hume, witness said, “You say Bill hit your husband yesterday?” She replied, “I saw him punch him the first time in the face, but I was so upset that I did not see if he hit him again.”

    At the Ipswich Police Station, after he had given defendant the usual warning, he told him that deceased’s death was due to fractured dislocation of the neck.

    In reply to Mr Casey, witness said that he did not make any inquiries about deceased’s character. He said that a police file about this man was in Sydney.

    Witness added that he did not know of any police record against deceased in Australia.

DROVE DECEASED IN TRUCK.

    Robert Kemp Fraser, truck driver employed by the Civil Construction Corps, said that on February 15, he was carting gravel from Heit’s paddock to an aerodrome. At 4.10 pm that day, on the Harrisville-road, he noticed a civilian, who signalled him for a lift. The man was dressed in a red shirt, brown trousers, shoes and socks, and no hat. The clothes were identical with those belonging to deceased, which were exhibited. Witness said the man seemed very despondent and had no desire for conversation. After driving him about a mile and a half he let him out. He could not smell any alcohol on his breath, but when he alighted from the truck the passenger staggered a little.

    To Mr Stacey, witness said the step down from the truck to the ground would have been about 14in.

    James Ernest Heit, share-farmer with his brother, at Harrisville-road, Amberley, said that defendant and deceased’s wife were living at his brother’s home. About 5.30 pm, while in his truck, on February 15, he passed deceased, who was wobbling along the side of the road going towards Amberley.

    Kenneth Leroy McCord, a member of the Allied forces, said he was on guard duty on February 15 on a post on the Harrisville-road, when he noticed a civilian walking on the road towards Harrisville. About 5 min later he again saw this man walking on the same side of the road, but going towards Amberley. He did not speak to him. He was walking very slowly, with his head down as if looking for something.

    George Christian Heit, farmer, Harrisville-road, said that Mrs Hume and defendant were staying at his home. After the commotion in the house, he went to get the police, but was unsuccessful. On his return, he told Hume to keep away from the house. About 7.30 pm, when he went to get some of his cows from the roadway, he saw deceased lying on his back off the main road. He spoke to him, but got no reply, and he thought he was dead.

    To Mr Casey, witness said that he had had trouble previously with deceased, when he created a disturbance with his wife. Defendant was not at the house then. He said that Mrs Hume always appeared to be very frightened of her husband.

    In reply to Senior-Sergt Patch, witness said that he did not see defendant strike Hume as he arrived in the room after the scuffle. He did not hear Hume threaten his wife with violence.

THREATENED TO KILL.

    Deceased’s wife, Linda Franscizka Hume, said that she had been married for three years and had one child. Since her husband had been discharged from the Air Force, he had been working on overseas boats as a cook. She had not been living with him since December 13. She had been living at Heit’s farm since that time. She was not sure whether her husband had told her, or she had heard someone else say, that defendant had 16 pots of beer on December 15. She could not say whether her husband had struck defendant in the struggle.

    Witness told Mr Casey that there was nothing between her and defendant. She said she was terrified of her husband, and that he had often threatened that he would kill her and the child. He had told her that he figured in a case in Sydney on a charge of assaulting a girl, and that he got three months’ gaol in America for hitting a man over the head with a bottle. She said that she did not see any anger or temper on defendant’s part during the struggle in the bedroom.

    To Senior-Sergt Patch, witness said that her husband had an opportunity to use violence against her before Profke arrived in the bedroom. She said that deceased had struck her quite often before.

    Evidence was also given by Lena Louisa Heit, Amberley, and William Manz, Woodend.

    Defendant pleaded not guilty and reserved his defence. The case was adjourned to Friday, February 25, in order to allow the prosecutor to contact the authorities in Brisbane to determine whether defendant could be committed for trial at the next sitting of the Circuit Court on February 28.

~ ~ ~ ~ ~

The Courier-Mail, Sat 26 Feb 1944 ¹¹

    COMMITTED FOR TRIAL.—Wilhelm Norman Profke, 24, storeman, charged with having unlawfully killed John Wilson Gordon Hume at Amberley on February 15, was yesterday committed for trial at the Circuit Court, Ipswich, on May 15. Bail was allowed, self in £150 and one surety of £150 or two of £75.

~ ~ ~ ~ ~

The Northern Miner, Wed 1 Mar 1944 ¹²

BRIEF NEWS ITEMS
————

…
     STOREMAN ON KILLING CHARGE: Wilhelm Profke, 24, storeman, pleaded not guilty and reserved his defence when charged in the Court of Petty Sessions at Ipswich, before Mr RH Allen, SM, that on February 15 at Amberley, he unlawfully killed John Wilson Gordon Hume. The case was adjourned until February 25. Plainclothes Constable LW Ingram said that Profke told him that he heard some one in the house at Amberley calling for help. He ran there and found Hume in the bedroom of his (Hume’s) wife, from whom he had been living apart. He was threatening her, Profke said, and he rushed in and hit Hume across the mouth with his fist. Hume left the house at about 2.30 pm, and at 7.30 George Heit, at whose house Mrs Hume was staying, was rounding up cattle when he found Hume’s body off the main road, almost 100 yards from his gate. Dr MS Patterson said that in his opinion the cause of death was fracture and dislocation of the neck.

~ ~ ~ ~ ~

The Courier-Mail, Wed 26 Jul 1944 ¹³

HORSE TRAVEL BAN TO STAY

…
    IPSWICH.—After evidence had been heard in the Circuit Court yesterday in the case in which Wilhelm Norman Profke, 24, storeman, was charged that on February 15, at Amberley, he unlawfully killed John Wilson Gordon Hume, the Crown Prosecutor (Mr Driscoll) entered a nolle prosequi. Mr Justice Mansfield discharged Profke.