Daniel Henry Peak, 1930 – Indecent assault
Below also see: Herbert Louis Edwards and James John Connell, 1936,
Henry Daniel Peak, 1940 – Buggery,
Henry Daniel Peak, 1947,
Daniel Henry Peak, 1954 – Indecent assault
The Newcastle Sun, Sat 26 Jul 1930 1
RAILWAY GUARD REMANDED
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On a charge of having indecently assaulted Robert Charles Leslie at Taree on July 8, Henry Daniel Peak (49), railway guard, was remanded to August 5 by Mr Chiplin, JP, at Newcastle Police Court to-day.
“This is a serious offence, and I must make bail substantial,” said Mr Chiplin, in fixing bail at £100.
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Newcastle Morning Herald and Miners’ Advocate, Mon 28 Jul 1930 2
POLICE COURT
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Saturday, July 26.
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(Before Mr AG Chiplin, JP.)
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…
ALLEGED SERIOUS OFFENCE.
Henry Daniel Peak (49), railway guard, was charged with committing a serious offence at Taree, on July 8.
The accused was arrested by Sergeant Munday, of Newcastle.
The Police Prosecutor, (Sergeant J Philipson), applied for a remand until August 5.
This was granted, bail in £100 being granted.
…
QUARTER SESSIONS
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Wednesday, August 27.
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(Before Judge Sheridan.)
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(Mr VH Treatt, Crown Prosecutor.)
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RAILWAY EMPLOYEE ACQUITTED.
Henry Daniel Peak, represented by Mr HL O’Neill (Messrs Johnson and O’Neill), pleaded “Not guilty” to a charge of having indecently assaulted a boy, aged 14 at Taree, on July 8.
Accused challenged three jurors.
The boy concerned said accused, who was a railway guard, found him and a friend asleep in a train between Gloucester and Taree. At the railway barracks at Taree, accused gave him and his friend their tea. Witness then described the alleged offence.
Cross-examined by Mr O’Neill, the lad said he attended the Truant School at Guildford until he was 14 years old.
He ran away from his father in Sydney, and from his grandmother at Islington. For about five months, he roamed the country, travelling in trains without paying his fare. For several days he and other boys camped in an empty house near Woodville Junction. When found in the train, his friend, aged 19, told accused a “hard luck” 'story. He denied that he tried to get money from accused. About a fortnight later, accused found him in a train at Singletons.
Evidence was also given by William Charles Chick, railway employee, of Mayfield, and Robert Conway, railway fireman, of Georgetown.
Accused said he lived in Everton street, Hamilton, and had been 20 years in the service of the Railway Department. He found the boy and his friend in the passenger compartment of the brake-van. The boys told him they were starvin, and he allowed them no remaining on the train. That night he shared his tea with them. Feeling tired, he decided to have a sleep. Entering the room he saw in the dim light the form of a boy near the head of his bed. He ordered the boy to leave the room. Some time later Chick told him that the boy alleged that he had been assaulted. About 11 days later, continued accused, he found the boy in a train at Singleton, and ordered him to get off. The boy asked him for it few shillings.
The jury retired at 3.15 pm, but 20 minutes later returned with a verdict of “Not guilty,” and accused was discharged.
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Newcastle Morning Herald and Miners’ Advocate, Wed 6 Aug 1930 3
POLICE COURT
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Tuesday, August 5.
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(Before Mr GA Stevenson, SM.)
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…
COMMITTED FOR TRIAL.
Henry Daniel Peak, 49, railway guard, represented by Mr HL O’Neill, was charged with having indecently assaulted a boy, aged 14, at Taree, on July 8.
Plainclothes Sergeant RW Munday said that at the Newcastle Police Station on July 25, in company with Plainclothes Constable McMahon and Railway Detectives Douglas and Sanders, he interrogated accused, who said the whole matter was a fabrication, and that the boy had been “put up” to make the allegations by the railway officials. Accused denied the charge, and also denied having given the boy a can of tea.
The Sergeant added that when confronted with the boy, accused said that he slept in Room 1, although he had been allotted room No. 3. The boy denied accused’s statement that he had been caught trying to steal money from his clothes.
The boy concerned said that his mother was dead, and he ran away from his father at Penshurst, Sydney. Boarding a goods train at Darling Harbour, he travelled to Newcastle, where he stayed one day. The next night he travelled on the train to Taree, where accused asked him for his fare. Not having any money, accused told him to leave the train and accompany him to the barracks, where, he alleged, the offence was committed.
Cross-examined by Mr O’Neill, the boy admitted having run away from his father at the Central Railway Station, Sydney, and from his grandmother at Islington. While in Newcastle he camped with a number of other boys in an empty house. He told a “hard luck” story when found by the accused in the train, and was supplied with food. A fortnight later he was found by accused travelling in a guard’s van at Singleton. He intended travelling to Brisbane, where his brother lived. He was also found “jumping the rattler” at Werris Creek.
Evidence was also given by William Charles Chick, a railway employee, who said that he reported the matter next morning.
Accused was committed for trial at Newcastle Quarter Sessions on August 25. Bail was fixed at £40.
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Evening News, Wed 27 Aug 1930 4
RAILWAY GUARD ON
GRAVE CHARGE
————
Newcastle, Wednesday.
CHARGED with having indecently assaulted a 15-years old boy at Taree, on July 8. Henry Daniel Peak, a railway guard, appeared at Newcastle Quarter Sessions, before Judge Sheridan, to-day.
The principal Crown witness was the boy, who admitted that he had run away from home, and spent the time since he left school travelling the countryside by “jumping the rattler.”
According to the boy, he and a mate caught a goods train from Newcastle to Taree, and met Peak on the train. He invited witness to spend the night at the Taree barracks.
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Newcastle Morning Herald and Miners’ Advocate, Thu 28 Aug 1930 5
QUARTER SESSIONS
———
Wednesday, August 27.
——–
(Before Judge Sheridan.)
——–
(Mr VH Treatt, Crown Prosecutor.)
———
…
RAILWAY EMPLOYEE ACQUITTED.
Henry Daniel Peak, represented by Mr HL O’Neill (Messrs Johnson and O’Neill), pleaded “Not guilty” to a charge of having indecently assaulted a boy, aged 14, at Taree on July 8.
Accused challenged three jurors.
The boy [Robert Lesslie —or Robert Leslie] concerned said accused, who was a railway guard, found him and a friend asleep in a train between Gloucester and Taree. At the railway barracks at Taree, accused gave him and his friend their tea. Witness then described the alleged offence.
Cross-examined by Mr O’Neill, the lad said he attended the Truant School at Guildford until he was 14 years old.
He ran away from his father in Sydney, and from his grandmother at Islington. For about five months, he roamed the country, travelling in trains without paying his fare. For several days he and other boys camped in an empty house near Woodville Junction. When found in the train, his friend, aged 19, told accused a “hard luck” story. He denied that he tried to get money from accused. About a fortnight later, accused found him in a train at Singleton.
Evidence was also given by William Charles Chick, railway employee, of Mayfield, and Robert Conway, railway fireman, of Georgetown.
Accused [Daniel Henry Peak] said he lived in Everton-street, Hamilton, and had been 20 years in the service of the Railways Department. He found the boy and his friend in the passenger compartment of the brake-van. The boys told him they were starving and he allowed them to remain on the train. That night he shared his tea with them. Feeling tired, he decided to have a sleep. Entering the room he saw in the dim light the form of a boy near the head of his bed. He ordered the boy to leave the room. Some time later Chick told him that the boy alleged that he had been assaulted. About 11 days later, continued accused, he found the boy in a train at Singleton, and ordered him to get off. The boy asked him for a few shillings.
The jury retired at 3.15 pm but 20 minutes later returned with a verdict of “Not guilty,” and accused was discharged.
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The Northern Champion, Wed 3 Sep 1930 6
NEWCASTLE QUARTER
SESSIONS
————
A Case From Taree
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RAILWAY EMPLOYEE ACQUITTED
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At the recent Newcastle Quarter Sessions, before Judge Sheridan, Henry Daniel Peak (represented by Mr HL O’Neill) pleaded not guilty to a charge of having indecently assaulted a boy, aged 14, at Taree on July 8th.
The boy concerned said accused, who was a railway guard, found him and a friend asleep in a train between Gloucester and Taree, accused him and his friend their tea. Witness then described the alleged offence.
Cross-examined by Mr O’Neill, the lad said he attended the Truant School at Guildford until he was 14 years old.
He ran away from his father in Sydney, and from his grandmother in Islington. For about five months, he roamed the country, travelling in trains without paying his fare. For several days he and the other boys camped in an empty house near Woodville Junction. When found in the train, his friend, aged 19, told accused a “hard luck” story. He denied that he tried to get money from accused. About a fortnight later, accused found him in a train at Singleton.
Evidence was also given by William Charles Chick, railway employee, of Mayfield, and Robert Conway, railway fireman, of Georgetown.
Accused said he lived in Everton street, Hamilton, and had been 20 years in the service of the Railway Department. He found the boy and his friend in the passenger compartment of the brake-van. The boys told him they were starving and he allowed them to remain on the train. That night he shared his tea with them. Feeling tired, he decided to have a sleep. Entering the room he saw in the dim light the form of a boy near the head of his bed. He ordered the boy to leave the room. Some time later Chick told him that the boy alleged that he had been assaulted. About 11 days later, continued accused, he found the boy in a train at Singleton, and ordered him to get off. The boy asked for a few shillings.
The jury retired at 3.15 pm, but 20 minutes later returned with a verdict of “Not Guilty,” and accused was discharged.
Herbert Louis Edwards and James John Connell, 1936
The Newcastle Sun, Wed 15 Jan 1936 7
CHILDREN’S MONEY
BOXES STOLEN
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Ransacking the home of Henry Daniel Peak at Everton-street, Hamilton, last night, thieves stole a sum of money from a waistcoat and two children’s money boxes containing about £4.
Other thefts being investigated by the police includes those of a quantity of clothing from a line at Adamstown, an attache case containing clothing and papers from a car parked at Merewether, and a number of fowls from a yard at Waratah.
A motor car owned by a Wickham resident, which was reported stolen yesterday, was found abandoned later at Port Waratah. Two spare wheels were missing.
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The Manning River Times and Advocate for the Northern Coast District of NSW, Wed 12 Feb 1936 8
POLICE COURT.
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Taree, Monday, Feb 10, 1936.
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(Before Mr HL Sargeson, JP.)
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ALLEGED BREAKING, ENTERING
AND STEALING.
Image: NSW State Library collection. Reproduction: Peter de Waal
Herbert Louis Edwards (18) was charged with that he did between December 13 and Jan[uary] 27, break and enter, the dwelling house of Edgar Burnard, of 14 Fotheringham-st., Taree, and steal £4/10/ in money, one small black stage pistol, 30 to 40 BB caps, of a total value of £5/2/, the property of Edgar Burnard.
Defendant was further charged witb that, he did, between January 9 and January 23, break and enter the dwelling of Thomas Jones, at 2 Nicol-st., Taree, and steal two gold rings valued at £3, the property of the said Thomas Jones.
Defendant was further charged with that he did, between Jan 11 and Jan 18, break and enter the dwelling of Arthur Alan Kerle, 20 Boyce-st., Taree, and steal three tin money boxes containing silver and copper money to the value of £1/10/, the property of the said Arthur Alan Kerle.
Constable (First-class) Crotty, stationed at Taree, said at 10 am on 8th inst he saw defendant, who was in custody at Taree Police Station. Witness warned defendant before asking him a number of questions. Witness said three houses had been broken into in Taree. He showed defendant some property, including two gold rings. (Defendant voluntarily recognised the rings). Witness said they answered the description of rings stolen from the residence of Thomas Jones, of 2 Nicol St., Taree. The house was broken and entered between January 17 and 19, during the people’s absence. Defendant admitted he went into a house and took a ring. Defendant said his mate and he went to the house. There was no one at home. They went to the back door and entered the house. From the bedroom table he took the two rings and a medal out of the jewel case. He said he would know the house and he agreed to go with witness and show him the house. At about 3 pm that day they went to No. 2 house, Nicol-st, Taree. Defendant said: “That is the house.” Defendant went to the back door and said that was the door they entered through. His mate opened the door with a key from the bunch. Witness produced a bunch of keys and defendant took a key from the bunch and opened the door. (Key produced). Defendant said he went into a room, took the rings and went away. Defendant said when in Taree he stopped at the hotel near the clock.
Mrs Payten said she knew defendant and said he and another boy stopped at the hotel on January 16, 17 and 18. She said she knew them. Witness further questioned defendant. He said to defendant that Mr Burnard, of No. 14 Fotheringham-st, also reported that his house was broken Into between Dec. 13 and Jan. 27, and the sum of £4/10/ stolen. Defendant said his mate and he went to the house and took a pistol and the caps and some notes and silver. (Defendant voluntarily admitted that the pistol and caps were those his mate had). Defendant said they went to the back door, pushed the key out of the keyhole and opened the door with a key from the buueh. Defendant said he would know the house if he saw it and that he was prepared to go to it with witness. Defendant accompanied witness to No. 14 Fotheringham St., and they walked to the back door. Witness handed defendant the bunch of keys and defendant opened the back door with key marked 1. Defendant said he and his mate went inside and his mate got the pistol and caps and they also took the money out of two tin boxes. He said the boxes produced were like the boxes. His mate took one box out of the wardrobe and defendant got the other one. (Defendant recognised the boxes). Defendant said there were notes and silver in the boxes. Witness told defendant that Mr Burnard had reported £4/10/ was missing. Witness produced £3 in notes and 17/- in silver. That was property conveyed with prisoner from Grafton to Taree. Witness asked defendant what time the house was entered and he said it would be about 3 or 4 o'clock.
Witness [constable Crotty] further questioned defendant informing him that Arthur Alan Kerle, of No. 20 Boyce-st., Taree, reported that between Jan. 11 and 18 his house was entered during his absence and that a sum of money (30/) had been stolen out of money boxes, also a match box case and a pair of gold sleeve links. Defendant said his mate and he went to a house and got in through the back door. They found the money boxes, which they opened with a tin opener, and took a lot of pennies and silver coins. Defendant went with witness to No. 20 Boyce-st, where defendant said: “This is the place.” They then went to the back door of the premises. Defendant said none of the keys of the bunch would fit. He got a piece of wire and poked the key through. It fell on the floor and he got it out from under the door with the piece of wire. Defendant said he and his mate went into a room and found the money boxes, got a tin opener and opened them. They took the pennies and silver and left the boxes in the house. He also said they got the sleeve links off the dressing table, and the match box cover off the mantelpiece shelf. Witness produced small silver and copper coins, which were brought with the prisoner from Grafton to Taree. Asked when he did the job, defendant said it was on a Saturday afternoon and there was a cricket match on in the park, the time being about 5 o’clock. Defendant said they later caught a train and went to Kempsey. Defendant said the three robberies mentioned were the only ones they did in Taree aud he wanted to get it over as soon as he could.
Thomas Jones, retired teacher, said he lived at No. 2 Nicol-st, Taree. He was absent from his home from Jan. 9 to Jan. 23. Before leaving they securely locked all the doors. The windows could not be opened from the outside. On January 23 witness found that the side door on the verandah had been unlocked. The other doors were as left, also the windows. They found a jewel case empty. It had contained two rings. Witness never saw defendant before and never gave him permission to enter his house.
Edgar Arthur Burnard, school teacher, of 14 Fotheringham-st., Taree, said he was absent from his home from Dec. 13 to Jan. 27. The house was securely locked. When he returned he found that a pistol, caps, money (between £3 aud £5 in notes and silver), etc., were missing. There were some English coins, from 1/- downwards. The pistol was valued at about 10/-. He did not know defendant previously and did not give him permission to enter his house.
Arthur Alan Kerle, lime merchant, 20 Boyce-st, Taree, said he left his home on 11th January and was away till the 18th. The house was then empty. On returning witness found that the house had been entered by the back door, which was open. He found that the money boxes had been opened. They had been left in a dresser in the kitchen. The boxes were found under the wardrobe in the front bedroom. They had been opened with a tin- opener and the money was missing. There were three money boxes. The match box case was left on the mantlepiece in the living room. A piece of wire (produced) was on a bag near the back door. Sleeve links were also taken. Witness had not given defendant authority at any time to enter his house, and he did not know him before Saturday last. The money boxes produced were his; they had the names of his children scratched on them.
This was the evidence for the prosecution.
Defendant had nothing to say when asked, except “about ball.”
Defendant was then committed to stand his trial on each of the foregoing three charges, at the Court of Quarter Sessions, to he held at Taree on Tuesday, 17th March, or such other court as the Attorney-General may determine.
Sergeant Charters asked for substantial bail.
Bail was allowed, self in £40 and two sureties of £20 each.
————
Defendant had also been remanded from Grafton Police Court to Taree on the following charges:
That at Mayfield, on or about Jan. 11 did break and enter dwelling house of Mary Jane Osborne and steal property and money to the value of £4/10/. That at Broadrneadow, on Jan., 11, he did break and enter the dwelling of William Gilpin and steal property and money to the value of £4.
That at Merewether, on Jan. 12, he did break, enter and steal goods and money to the value of £4/10/, the property of David Deakin.
That at Hamilton, on Jan. 14, he did break and enter the dwelling of Henry Daniel Peak, and steal property and valuables to the value of 10s.
That at. Hamilton, on Jan. 11, he did break and enter the dwelling of Jack Wear McGeachie, and steal property and articles to the value of £15/10/.
That at North Stockton, on or about Jan. 13, he did break and enter the dwelling of Charles Brady and steal goods and money to the value of £4.
That at Stockton, on Jan. 12, he did break and enter the dwelling of James Burke and steal goods to the value of £5.
That at Stockton, on January 12, be did break and enter the dwelling of Leslie Oldham, and steal therefrom £10 in money.
On the application of Sergeant Charters, defendant was remanded on each of the foregoing charges to appear at Newcastle.
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The Manning River Times and Advocate for the Northern Coast District of NSW, Sat 15 Feb 1936 9
NEWCASTLE, WEDNESDAY,
FEBRUARY 12.
————
(Before Mr ME Soane, SM.)
Herbert Louis Edwards, 18, laborer, was remanded to February 26, on the application of the Police Prosecutor (Sergeant JL Phillipson), on eight charges of breaking, entering, and stealing.
Edwards was charged with having broken and entered the house of Jack Weir McGeachie, Blackall Street, Hamilton, and having stolen goods and money valued at £15/10/ on January 11; having broken and entered the house of Henry Daniel Peak, 43 Everton Street, Hamilton, and having stolen money and goods to the value total of £9/10/ on January 14; having broken and entered the house of David Deakin, corner of Peel and Janet Streets, Merewether and having stolen money and goods to the total vale of £4/10/ on January 1 having broken and entered the house of William. Gilpin, 5 Cooranbong-rd, Broadmeadow, and having stolen goods valued at £4 on January 11; having broken and entered the house of Charles Brady, 40 Roxburgh Street. North Stockton, and having stolen goods valued at £4 on January 13; having broken and entered the house of Mary Jane Osborne, 84 Maitland Road, Mayfield, and having stolen goods and money to the total value of £4/13/6 on or about January 11; having broken and entered the house of James Burke, 34 Crown Street. Stockton, and haying stolen, goods and money, the property of Burke, to the total value of £6/13/-, and having stolen goods valued at £5, the property of George Wilks, on January 12; and having broken and entered the house of Leslie Oldham, 14 Douglas Street, Stockton, and. having stolen £10 in money on January 12.
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Newcastle Morning Herald and Miners’ Advocate, Thu 27 Feb 1936 10
POLICE COURT
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Wednesday, February 26
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(Before Mr ME Soane, SM.)
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…
COMMITTED FOR TRIAL.
Herbert Louis Edwards, 18, a labourer, and James John Connell, 18, a ticket-writer, were both committed for trial at Newcastle Quarter Sessions on May 4, on charges of having broken and entered the house of John Weir McGeachie, at Hamilton, on January 10, and with the theft therein of jewellery and other articles, valued at £15/10/.
Bail was fixed at £40, one surety in £40, or two in £20.
Detective Constable EH Shumach, of Newcastle, said that on February 13 he saw Edwards at Newcastle Police Station and asked about a number of house robberies in the district, particularly mentioning McGeachie’s dwelling at Hamilton.
He also showed Edwards some jewellery which had been forwarded from Grafton, and said that it was believed to have been the proceeds of the robbery.
Edwards admitted, said witness, that he had made a statement to the Grafton police, but had not told them everything. He made a further statement. Shown a quantity of jewellery, Edwards selected some of the articles which he said had come from the Hamilton house.
Elizabeth McGeachie, of Blackall-street, Hamilton, said that on January 11 she left her house locked up. Returning at 6.30 pm she found the back door open and the place ransacked. She identified certain goods produced as the property of the household.
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AUBURN ROBBERY.
Herbert Louis Edwards was remanded to Parramatta Police Court on a further charge of having broken and entered the house of Stephen Hewitt, at Auburn, on December 25, and with the theft therein of £25 and a bunch of keys. He was allowed bail, self in £40, one surety in £40, or two in £20.
Henry Daniel Peak, 1940
Newcastle Morning Herald and Miners’ Advocate, Fri 19 Apr 1940 11
POLICE COURT
————
Thursday, April 18
(Before Mr ME Soane, SM.)
…
GUARD FOR TRIAL.
Henry Daniel Peak, 59, a railway guard, was committed for trial at Newcastle Sessions, on April 22, on £40 bail, on two charges of having committed abominable crimes at Hamilton, about April 6 and 9.
Peak pleaded “Not guilty,” and reserved his defence.
Mr HL O’Neill (Messrs Johnson and O’Neill) appeared for the defence.
Detective CED Evans said he saw Peak at his home, at Everton-street, Hamilton, about noon on Wednesday. Peak admitted having had two young men staying at the place, but denied the allegations they made against him. Peak said that the young men were friends of his, and that he had known one of them some time.
Constable JT Duffell also gave evidence.
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Newcastle Morning Herald and Miners’ Advocate, Sat 29 Jun 1940 12
CASES FOR QUARTER
SESSIONS
Following is a list of the cases set down for hearing at the sitting of the Quarter Sessions beginning at Newcastle Courthouse at noon on Monday—
…
Michael Paul William Girardot and John Henry Howell, abominable offence, principal in second degree;
…
Tuesday.—Henry Daniel Peak, abominable offence;
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The Newcastle Sun, Wed 3 Jul 1940 13
TO-DAY IN THE
COURTS
————
NEWCASTLE
————
QUARTER SESSIONS
(Before Judge Nield)
CASE COLLAPSES
When the chief witness said the evidence he had given previously was untrue, the Crown was unable to carry the case any further against Henry Daniel Peak, 59, railway guard, who had pleaded not guilty to having committed an abominable crime at Hamilton.
The witness Colin Edwin Rochford, said he had made certain statements to the police, and had given evidence in the Police Court. What he had said then was not true.
The Crown Prosecutor (Mr LC Hutchinson) said that in view of this evidence, he could not carry the case any further.
Judge Nield then directed the jury to return a verdict of not guilty, which the jury did without leaving the box.
Peak was discharged, and then charged again with a similar offence. On this charge, to which he pleaded not guilty, he was remanded to the next Quarter Sessions. Bail was allowed.
Mr JJB Kinkead, instructed by Mr HL O’Neill (Messrs Johnson and O’Neill) appeared for Peak.
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Newcastle Morning Herald and Miners’ Advocate, Thu 4 Jul 1940 14
CROWN CASE FAILS
————
…
At Newcastle Quarter Sessions yesterday
…
CROWN CASE COLLAPSED.
Henry Daniel Peak, 59, pleaded “Not guilty” to a charge of having, at Hamilton, on April 7, committed an abominable offence. There was a second count of indecent assault. Accused was defended by Mr JJB Kinhead, instructed by Mr HL O’Neill (Messrs Johnson and O’Neill).
Colin Edwin Rochford, first Crown witness, said evidence he gave at Newcastle Police Court was not true.
Mr Hutchinson said he could not take the case further.
Directed by his Honor, the jury returned a verdict of not guilty.
Peak pleaded “Not guilty” too two similar charges. He was remanded until next sessions.
Henry Daniel Peak, 1947
Government Gazette of the State of NSW, Fri 31 Jan 1947 15
(3365)
Sydney, 31st January, 1947.
IT is hereby notified that, in accordance with the provisions of section 26 of the Crown Lands Consolidation Act, 1913, Messrs Walter George Denham, Norman Jeffriess, Henry Daniel Peak and Frederick Joseph Jarman, who have left the district, are hereby removed from their positions as trustees of the portion of the General Cemetery at Werris Creek, dedicated 8th August, 1896, set apart for Methodist Burial Ground. P. 47-244.
WF DUNN, Minister for Lands.
Daniel Henry Peak, 1954
Newcastle Morning Herald and Miners’ Advocate, Thu 19 Aug 1954 16
AGED MAN GETS
GAOL SENTENCE
Henry Daniel Peak, 74, retired railway guard, was sentenced at Newcastle Sessions yesterday to 12 months’ imprisonment.
Peak had pleaded “Not guilty” to having indecently assaulted a boy, aged 14 years and 8 months, in a lavatory at National Park, Newcastle, on May 9.
The jury returned its verdict within two hours.
To Peak, Judge Amsberg said: “It is a shocking and tragic thing that in the twilight of your life, when the shades are closing about you, you should come to this and stand convicted in a criminal court as a dangerous pervert.
“The jury has rightly found you guilty of a filthy crime. Were you a young man of normal health, I would not have the least hesitation in sentencing you to a long term of imprisonment. Parents have got to know that their children can go into highways and byways and into public conveniences free from molestation and filthy attention from men like you.
“I am going to extend to you the utmost clemency I possible can. The jury did not see any extenuating circumstances in this crime at all. I am going to measure your punishment with your age. You are sentenced to 12 months’ imprisonment with light labour.”
His Honor told Peak that after he had served six weeks and there was a satisfactory report as to his conduct, he would consider an application for his release at the end of that time.
His Honor also said it was refreshing to see juries doing their duty.
“WENT TO PARK”
The boy said that about 4.30 pm he went to the park. While he was in a convenience, Peak entered and asked him to do something. The boy said he was very nervous and did as Peak asked. Peak held him back as he (witness) tried to go through the door. After the offence, Peak gave him 1/- and told him not to tell anybody. The boy said his father was in hospital at the time and he did not want to worry his mother. Next night he told his mother about the matter. She called the police. On the following day, said the boy, he returned to the park and pointed Peak out to the police.
To Mr M Britts (for Peak) the boy said he had tried to stop Peak committing the offence. He had been too scared to kick at Peak. On the way to a shop he lost the 1/- Peak had given him.
Constable AG Whitelaw said Peak told him and Constable Stevenson that he had never seen the boy and had been at home at the time of the alleged offence. Whitelaw said he noticed that Peak’s teeth had been worn down on one side, as had been stated by the boy.
From the dock, Peak said that on the day of the alleged offence he had a bad leg. As recommended, he had been to Bar Beach for salt water treatment. On the way home he stopped at National Park and saw the boy committing an offence.
Constable Whitelaw, recalled, said in reply to the Judge that Peak made no reference to him about a bad leg or his allegation about the boy.
1 The Newcastle Sun, (NSW), Sat 26 Jul 1930, p. 2.
2 Newcastle Morning Herald and Miners’ Advocate, Mon 28 Jul 1930, pp. 3, 9.
3 Newcastle Morning Herald and Miners’ Advocate, Wed 6 Aug 1930, p. 2. Emphasis added.
4 Evening News, (Sydney, NSW), Wed 27 Aug 1930, p. 7.
5 Newcastle Morning Herald and Miners’ Advocate, Thu 28 Aug 1930, p. 9. Emphasis added.
6 The Northern Champion (Taree, NSW), Wed 3 Sep 1930, p. 1. Emphasis added.
7 The Newcastle Sun, (NSW), Wed 15 Jan 1936, p. 2. Emphasis added.
8 The Manning River Times and Advocate for the Northern Coast District of NSW, (Taree, NSW), Wed 12 Feb 1936, p. 1. Emphasis added.
9 The Manning River Times and Advocate for the Northern Coast District of NSW, (Taree, NSW), Sat 15 Feb 1936, p. 12. Emphasis added.
10 Newcastle Morning Herald and Miners’ Advocate, (NSW), Thu 27 Feb 1936, p. 5. Emphasis added.
11 Newcastle Morning Herald and Miners’ Advocate, Fri 19 Apr 1940, p. 6. Emphasis added.
12 Newcastle Morning Herald and Miners’ Advocate, Sat 29 Jun 1940, p. 4. Emphasis added.
13 The Newcastle Sun, (NSW), Wed 3 Jul 1940, p. 6.
14 Newcastle Morning Herald and Miners’ Advocate, Thu 4 Jul 1940, p. 5. Emphasis added.
15 Government Gazette of the State of NSW, (Sydney, NSW), Fri 31 Jan 1947, p. 245. Emphasis added.
16 Newcastle Morning Herald and Miners’ Advocate, Thu 19 Aug 1954, p. 10. Emphasis in original and added.