Charles McNulty, 1910

Below also see: Charles Albert Barnes, 1928,
Charles Barnes, 1930 – Indecent assault,
Montgomery Bain, 1935,
Charles Barnes, 1937 – Indecent assault

 

The Kiama Independent, and Shoalhaven Advertiser Sat 26 Nov 1910 ¹

COURT NEWS.
———◦———

    Tuesday, 22nd, before Messrs A Elliott, PM, Thos Love and CW Craig, J’sP.

————

…
    Wednesday, 23rd, before Messrs RO Kendall and MN Hindmarsh, J’sP.

————

    Charles McNalty, [aka Charles McNulty, Charles Barnes, and Charles Albert Barnes], 21 [sic] years of age, laborer, pleaded guilty to stealing a sovereign from Walter Dixon (prosecutor), on the previous day. It appears Dixon and McNalty, both employed by Mr CW Craig at Jerrara, occupied the same room, and during the former’s absence McNalty took the sovereign from one of his pockets. At first he denied the theft, stating that he drew the money from the Kiama Post-office bank on the previons Saturday night, but when arresting him Const Constable, of Jamberoo, informed him that he could not draw money after 5 pm, whereupon accused admitted to the theft, stating he took the money for a lark, intending to return it later on. The accused consented to be summarily dealt with, and was fined 40s, in default one month’s hard labor in Wollongong gaol. The fine was not paid.

————

    According to the Government Statistician, the increase in the population of the State during the quarter ending September 30 was 13,504, or 8½ per cent, per annum.

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South Coast Times and Wollongong Argus, Fri 2 Dec 1910 ²

WEEK BY WEEK
———:◦:———

…
    In the Wollongong Court on Tuesday, Louisa David, for vagrancy was ordered to be sent to a State Reformatory for six months.
…
    In the Licensing Court, Wollongong on Thursday, permission was given for improvements to be made to the Imperial Hotel, Clifton; time allowed: nine months.
…
    The police have been making inquiries about a Chinese cook who recently disappeared from Tory’s Hotel, Kiama (Mrs Attwater’s), leaving his belongings behind. He had been in ill health; no traces of him have been found.
…
    Since the establishment of motor services between Nowra and Bega, many southern people, who never made the overland journey before, now take advantage of the rapid and convenient means of communication by car to Bomaderry and thence by rail to Sydney.—“Shoalhaven Telegraph.”
…
    In the Kiama Police Court last week, Charles McNulty 21 years, was charged with stealing a sovereign from Walter Dixon. They were both employed by Mr CW Craig, and occupied the same room. McNulty, when arrested said he had drawn the sovereign from the post office savings bank; it was pointed out to him that at the hour he stated no savings bank business was done. He then confessed the theft, stating that he took the sovereign for a lark—fined 40s, in default one month in Wollongong gaol; the fine was not paid.

 

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Charles Albert Barnes, 1928

 

 

Illawarra Mercury, Fri 2 Mar 1928 ³

POLICE COURT.
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WOLLONGONG.—Monday.
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(Before Mr Prior,, SM.)
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…

ALLEGED FORGERY.
————

    Charles Albert Barnes (35) was charged with being an idle and disorderly person, but as the police had no evidence to offer, the charge was withdrawn.

    He was further charged with forgery and uttering a cheque for £5 purporting to be signed by Albert Timbs, and drawn on the Abion [sic–Albion] Park branch of the ES and A Bank.

    Sergt Pye: We are not prepared to go one with the case, and ask for a remand.

    Remand granted to March 5. Bail allowed, self in £50, and one surety in £50.

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South Coast Times and Wollongong Argus, Fri 2 Mar 1928 ⁴

WOLLONGONG COURT
———:◦:———
(Monday)
————
(Before Mr Prior, SM.)
———:◦:———

…

ALLEGED FORGERY.

    Charles Albert Barnes (30), laborer, was charged that on the 11th February, at Wollongong, he did forge and utter a cheque purporting to be signed by Albert Timbs, on the ES and A Bank, Albion Park, to the value of £5, with intent to defraud.

    Remanded till 5th March. Bail of £50 and one surety of £50.

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Illawarra Mercury, Fri 9 Mar 1928 ⁵

FORGING A CHEQUE.
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ONE MONTH’S IMPRISONMENT.
————

    At the Wollongong police court on Monday, Charles Albert Barnes was charged that he did forge and utter a cheque for £5 purporting to be signed by Albert Timbs and drawn on the Albion Park Branch of the ES and A Bank.

    Constable Jonas, Wollongong, deposed: About 9 pm on February 25th, in company with Constable Bennett, I saw the defendant in Crown Street, Wollongong. I said to him “We are the police. What is your name?” He said “McCulloch.” I said “We are going to ask you some questions about a cheque cashed a few days ago. Will you come to the police station?” On the way to the police station I heard the defendant say to Constable Bennett, “My name is Barnes.” When at the police station I said to him “Did you ever work for a man named Albert Timbs at Albion Park?” He said “Yes, I worked there for about a month.” He went on to say that he was paid £1 per week, by cheque every Saturday. I said “Are those the only cheques he gave you?” and he replied “Yes.” I said “Did Timbs give you a cheque for £5?” He replied “No.” I then showed him the cheque (produced) and said “Did he give you this one?” He said “Yes, but I won’t say what for.” About 10 am the next morning I again saw the defendant at the Wollongong police station, in company with Constable Bennett. I said “We have made inquiries in connection with that cheque I showed you last night, and I am going to ask you some further questions.” I then cautioned him and said “Do you still say that Timbs gave you that cheque?” He replied “No. I wrote it out myself. Timbs never signed it.” He afterwards gave me a statement (produced).

    Albert Timbs, farmer, Albion Park, deposed that he had employed the defendant, whom he knew as Charles McCulloch, at £1 per week. He had never given him a cheque for £5.

    Defendant, when charged, elected to be tried by His Worship, and pleaded guilty.

    Segt Pye: He appears to be simple, Your Worship.

    His Worship remarked “I noticed that too,” and imposed a sentence of one month’s imprisonment.

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South Coast Times and Wollongong Argus, Fri 9 Mar 1928 ⁶

WOLLONGONG COURT
——————
(Monday)
————
(Before Mr TW Cohen, SM.)
————

…

FORGERY.

    Charles Albert Barnes was charged that on February 11th, at Wollongong, he did forge a cheque purporting to be signed by Albert Timbs, on the ES & A Bank, Albion Park, to the value of £5, with intent to defraud.

    Constable Jonas stated in company with Constable Bennett he saw defendant in Crown Street, Wollongong, and they told him they wanted to ask him some questions in respect to a cheque which was cashed a few days before. On the way to the police station defendant told Constable Bennett his name was Barnes,. He admitted working for Albert Timbs at Albion Park for about a month. He said he was paid by cheque every Saturday night. Barnes also said these were the only cheques he had been given. At the Police Station defendant said Timbs had never given him a cheque for £5. When shown this cheque (produced) Barnes said Timbs gave it ti him, but he would not say what for. About 10 o’clock the following morning witness again saw Barnes at the Police Station. He was cautioned, and in answer to a further question said that Timbs had not given him the cheque, he had written it himself and Timbs had not signed it. Barnes then made the statement (produced).

    Albert Timbs, a farmer at Calderwood, near Albion Park, said he knew the accused by the name of Charles McMullen. Defendant was working on his farm and was paid by cheque every Saturday. Witness did not sign the cheque (produced).

    Defendant pleaded guilty, and asked that the case be dealt with summarily.

    Sentenced to one months’ imprisonment.

    A second charge of uttering a forged cheque was withdrawn.

 

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Charles Barnes, 1930

Illawarra Mercury, Tue 1 Apr 1930 ⁷

POLICE COURT.
————
(Before Mr Stevenson, SM.)
———

…

SERIOUS CHARGE.
———

    Charles Barnes was charged with indecently assaulting Norman Hall, a male person.

    On the application of the police an adjournment was granted until April 7th. Bail allowed in £60.

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South Coast Times and Wollongong Argus, Fri 4 Apr 1930 ⁸

WOLLONGONG COURT
——————
Monday.
————
(Before Mr Stevenson, SM.)
————
REMAND.
————

    Charles Barnes (30) was charged with indecently assaulting Norman Hall at Wollongong on March 29th.

    Sergeant Pye said the defendant had only been arrested on Saturday, and asked for a remand.

    Remand till April 7th. Bail was fixed at £60.

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South Coast Times and Wollongong Argus, Fri 11 Apr 1930 ⁹

WOLLONGONG COURT
——————
Monday.
————
(Before Mr Stevenson, SM.)
————

…

A COMMITTAL.

    Charles Barnes (30) was committed for trial at the next Quarter Sessions, Wollongong, on June 10th, on a charge of indecent assault at Wollongong on March 29th. Bail was fixed at £50.

    Constable FJ Lyons, who arrested the accused, gave some startling evidence.

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Illawarra Mercury, Fri 13 Jun 1930 ¹⁰

QUARTER SESSIONS.
————
WOLLONGONG.—Tuesday.
———
(Before His Honour Judge Sheridan.)
———
SERIOUS CHARGE.
———

    Charles Barnes pleaded guilty to indecently assaulting a male person at Wollongong, on March 29.

    Segt Pye deposed that accused had been previously convicted of stealing and forging a bill of exchange.

    Constable Lyons deposed that accused was a farm hand and a hard working man. There had been complaints of suspicious actions by accused towards children at the picture show.

    Accused [Charles Barnes] was brought before the court on Wednesday to be sentenced.

    When asked if he had anything to say why he should not be sentenced for a crime to which he had pleaded guilty, accused, who was very deaf, said “I did not plead guilty, I pleaded not guilty.”

    His Honour said that defendant had pleaded guilty, adding “The evidence before me shows that you could have done nothing else. I will not allow you to alter your plea.”

    Accused: I plead not guilty, Your Honour. I am hard of hearing, and pleaded not guilty.

    His Honour: I cannot allow any alteration to the plea. I heard you plead guilty, and you can take any course you like. The evidence shows an abominable state of affairs, and I am going to pass a sentence which will be a warning to yourself and others. The sentence is 18 months hard labour.

    Accused: I did not plead guilty, and I have been in gaol 2½ months.

    His Honour said that he would allow one month off in consideration of the 2½ months the accused had been in gaol.

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South Coast Times and Wollongong Argus, Fri 13 Jun 1930 ¹¹

QUARTER SESSIONS
————

    The Quarter Sessions opened at Wollongong on Tuesday before His Honor, Judge Sheridan.

    Mr Vernon Treatt was Crown Prosecutor. Mr J Kirby, JP, occupied a seat on the Bench.

INDECENT ASSAULT.

    Charles Barnes was charged with indecently assaulting a lad at Wollongong on March 29th.

    He pleaded guilty.

    There was previous conviction against Barnes in 1928, when he was sentenced for forging a cheque for £5.

    Constable Lyons stated the accused was a dairy hand and was a hard worker. There had been complaints about him frequenting place where children are, mainly about the picture show where he had been seen talking to the children and acting rather suspiciously.

    When asked if he had anything to say why the Court should not pass sentence upon him, Barnes said he had pleaded not guilty.

    His Honor said in view of the signed statement made to the police he would not allow the accused to change his plea, as he had certainly pleaded guilty the previous day.

    The accused who was very deaf, was told his sentence by the Judge’s Associate.

    His Honor said it was an abominable offence, and the sentence would not only act as a warning to the accused, but also to others.

    Sentenced to 18 months imprisonment.

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Northern Star, Wed 18 Jun 1930 ¹²

SOUTH COAST
————
News from Various
Centres
———

…
    The following were sworn in as J’sP by Judge Sheridan at Wollongong Quarter Sessions: Messrs R Nancarrow, LR Jarvie, S Graham, OGA Sharpe, GAN Johnston, G King, A Campbell, JP Noble and FK Knight.

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Charles Barnes, Gaol photo sheet ¹³

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Gaol Photo Sheet - Transcribed Details 

Name Charles Barnes No. 24861 Date when Portrait was taken: 13-6-1930								Finger Print Classification
Native Place Goulburn Year of Birth (1897–on card) 9-7-1900 Arrived in State   Ship                        }     Year Trade or occupation previous to conviction  } Laborer Religion C of E Education, degree of R & W Height, without shoes 5' 3⅜" Weight in lbs.     On committal 145                      }     On discharge Colour of hair Brown Colour of eyes Brown Marks or special features Scar outside left upper arm					(Nos. of previous Portrait ... )
CONVICTIONS St 7574 97939
Court.	Date			Offence.		Sentence	Name.		Gaol No.
[Prisoner] states he served 1 month H.L. – Wollongong Lock-up
Wollongong PC  Wollongong Q.S	5 11	3 6	1928 1930	Forgery  Indecent assault on a male person		1 month H.L 18 months HL. To date from 10-5-1930 (In custody)	Charles Albert Barnes  Charles Barnes		1200  3266

 

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Montgomery Bain, 1935

 

Illawarra Mercury, Fri 1 Mar 1935 ¹⁴

ASSAULT CHARGE.
————

    Montgomery Bain was charged with unlawfully assaulting Charles Barnes, at Wollongong, on February 23.

    Defendant asked for a remand.

    Segt Pye said defendant had been locked up since February 23. His sons had been informed and said they were not going to bother about him.

    Defendant pleaded guilty.

    Constable Bennett stated that defendant went to the rear of Cohen’s Hotel with Barnes and knocked him down. Barnes had to get three stitches in a wound in his head and was taken to hospital.

    Segt Pye: 15 previous convictions, Your Worship, mostly for drunkenness.

    His Worship imposed a fine of £8, with £2/1/0 costs, in default 21 days. One month was allowed in which to pay.
…

ACCIDENTS
————

    The Illawarra District Ambulance has attended the following accidents since our last issue. Unless otherwise stated the patients were conveyed to their homes after receiving medical attention.
…
    February 23—Eunice Smart, of Port Kembla, fell from a bus on the Port Kembla Road and received lacerations to the chin and abrasions to the right leg.

————

    Charles Barnes, of Yallah, fell in Crown Street, and sustained a lacerated scalp wound and concussion. He was conveyed to a doctor and thence to the District Hospital.

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South Coast Times and Wollongong Argus, Fri 1 Mar 1935 ¹⁵

ACCIDENTS
————

    Illawarra District Ambulance has attended the following accidents since last week.
…
    Charles Barnes, of Yallah, fell in Crown street and sustained a lacerated scalp and concussion. Conveyed to Hospital.
…

W’GONG COURT
————
Tuesday
————
(Before Mr RC Atkinson, SM.)
————
Assault
————

    Montgomery Bain sen[io]r charged with assaulting Charles Barnes last Saturday evening. He unsuccessful applied for a remand and then pleaded guilty.

    Constable Bennett said defendant and Barnes were at the rear of the Royal Hotel. The former struck Barnes heavily on the noise. Barnes was knocked down and hit his head on the floor. His head was cut open and after being stitched up he was taken to hospital.

    Sergeant Pye said defendant had 15 previous convictions, including 13 or drunkenness and one for assaulting the police.

    Fined £8 with £2/1/- costs or 21 days. Allowed one month to pay.

 

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Charles Barnes, 1937

 

South Coast Times and Wollongong Argus, Fri 12 Mar 1937 ¹⁶

DRINKING ON SUNDAY

    Edward Anderson, Charles Barnes and James McCreal were each charged with drinking on licensed premises on a Sunday. They pleaded guilty and each was fined £1 with 8/- costs.
    Constable Bleechmore stated at 10.30 am on 31st January he entered the Imperial Hotel, Clifton. The door leading into the bar was open and the three men were being served with drink. They said they had slept at Wombarra the previous night.

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South Coast Times and Wollongong Argus, Fri 2 Jul 1937 ¹⁷

QUARTER SESSIONS
————

    Quarter Sessions will be held at Wollongong next week. Among the cases listed for trial are: Frederick Ellis, breaking and entering; Alfred Hetherington, breaking and entering; Charles Barnes, indecent assault; Eric Allison, breaking and entering; Victor Clyde Cook, wanton driving; Ralph Dixon, assault; David Thomas, assault a female; Alan C Bruce, endanger safety of railway passengers. A number of appeals are set down for decision.

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Illawarra Mercury, Fri 9 Jul 1937 ¹⁸

QUARTER SESSIONS
————
WOLLONGONG — Monday
————
(Before His Honor Judge Nield)
————

    Mr BV Stacey prosecuted for the Crown.

————

…

EIGHTEEN MONTHS
IMPRISONMENT
————

    Charles Barnes was charged with an offence against a girl aged 7½ years.

    The accused, who was undefended, pleaded not guilty.

    The child, who was not sworn, gave details of the alleged offence.

    A witness gave evidence as to what came under his observation, whilst he was watching the accused.

    Detective Sherwood stated that in answer to a question put to him, the accused said “I never touched the girl. They’re only trying to put this over me.”

    In a statement the accused said: I was drinking. If I did anything the girl, it was accidental.

    The jury retired at 1 pm and on returning at 2.35 pm, returned a verdict of guilty, with a recommendation that the accused be placed under medical observation,

    Detective Constable Sherwood stated that the accused was also known by the alias of McNulty. At Kiama police court in1910, he had been sentenced to one month. In 1928 he had been sentenced to one month for forgery; at Wollongong police court, and at Wollongong Quarter Sessions, in 1930, had received a sentence of 18 months for an indecent assault on a male person

    The accused was single, aged 45, a native of Goulburn, and for 20 years had camped at various centres along the coast. He was known by the sobriquet of “Shellharbour Charley.”

    In sentencing the accused to 18 months imprisonment His Honor remarked that the community and parents must be protected from their children being the victims of such conduct as the accused’s. The jury’s recommendation would be conveyed to the proper authorities.

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South Coast Times and Wollongong Argus, Fri 9 Jul 1937 ¹⁹

18 MONTHS’ IMPRISONMENT
————

    Charles Barnes was charged with an indecent assault on a 7½ years’ old girl at Wollongong on June 12. Accused pleaded not guilty and conducted his own defence.

    The child, whom his Honor considered too young to be sworn, said she was residing with her grandmother. She went to the pictures that afternoon. The accused sat down along side her. He spoke to her but she did not hear what he said. Witness then detailed particulars of the happenings that afternoon.

    Claude F Wicker, an usher at the Crown Theatre, on the afternoon of June 12th, said he was given certain information and kept an eye on Barnes. He noticed the latter moving from seat to seat and the little children kept on moving away from him as he came in their direction. A picture was showing at the time. Witness sat down nearby and then moved across. He saw Barnes sitting alongside the previous witness and saw him commit the offence.

    Detective Sherwood stated he saw the accused and the girl at the theatre. Mr Wicker said “This is the man (indicating accused) whom I saw committing the offence.” Witness then questioned Barnes. The latter admitted sitting alongside the girl, but regarding the allegations, said “They are trying to put it over me.” When told he would be charged, he asked to be given a chance , as he had work to go to.

    Accused [Charles Barnes] elected to give evidence. He said he was drinking all that day. He went to the pictures and if he did anything to the girl it was accidental.

    The jury returned a verdict of guilty with a recommendation that accused be placed under medical observation.

    Detective Sherwood said accused had been convicted on three occasions, once for stealing, once for forgery and in 1930 he was sentenced to 18 months’ imprisonment for an indecent assault. He was a single man, 45 years of age. For the past 20 years he had been camped between Wollongong and Kiama, and was generally known as “Shellharbor [sic] Charlie.” He was of quiet disposition and usually kept to himself.

    Sentenced to 18 months imprisonment and His Honor said the jury’ recommendation would be sent to the Prison authorities. He added that the community must be protected from such persons. Such conduct could not be tolerated.

 

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¹     The Kiama Independent, and Shoalhaven Advertiser, (NSW), Sat 26 Nov 1910, p. 2. Emphasis added.

²     South Coast Times and Wollongong Argus, (NSW), Fri 2 Dec 1910, p. 8. Emphasis added.

³     Illawarra Mercury, (Wollongong, NSW), Fri 2 Mar 1928, p. 5. Emphasis added.

⁴     South Coast Times and Wollongong Argus, (NSW), Fri 2 Mar 1928, p. 23.

⁵     Illawarra Mercury, (Wollongong, NSW), Fri 9 Mar 1928, p. 4. Emphasis added.

⁶     South Coast Times and Wollongong Argus, (NSW), Fri 9 Mar 1928, p. 7. Emphasis added.

⁷     Illawarra Mercury, (Wollongong, NSW), Tue 1 Apr 1930, p. 1.

⁸     South Coast Times and Wollongong Argus, (NSW), Fri 4 Apr 1930, p. 5. Emphasis added.

⁹     South Coast Times and Wollongong Argus, (NSW), Fri 11 Apr 1930, p. 4. Emphasis added.

¹⁰   Illawarra Mercury, (Wollongong, NSW), Fri 13 Jun 1930, p. 5. Emphasis added.

¹¹   South Coast Times and Wollongong Argus, (NSW), Fri 13 Jun 1930, p. 29. Emphasis added.

¹²   Northern Star (Lismore, NSW), Wed 18 Jun 1930, p. 5.

¹³   SRNSW: NRS– [17/1497], State Penitentiary photographic description book, 4 Jun 1930-19 Sep 1930, No. 24861, p. –.

¹⁴   Illawarra Mercury, (Wollongong, NSW), Fri 1 Mar 1935, p. 5, 9. Emphasis added.

¹⁵   South Coast Times and Wollongong Argus, (NSW), Fri 1 Mar 1935, pp. 7, 15. Emphasis added.

¹⁶   South Coast Times and Wollongong Argus, (NSW), Fri 12 Mar 1937, p. 7. Emphasis added.

¹⁷   South Coast Times and Wollongong Argus, (NSW), Fri 2 Jul 1937, p. 9. Emphasis added.

¹⁸   Illawarra Mercury, (Wollongong, NSW), Fri 9 Jul 1937, p. 11. Emphasis added.

¹⁹   South Coast Times and Wollongong Argus, (NSW), Fri 9 Jul 1937, p. 7. Emphasis added.

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