Ferdinand Pobar, 1910
Aka Devereaux
Colonist (Nelson, NZ), Thu 2 Dec 1909 1
MARLBOROUGH ASSIZES.
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A HEAVY CALENDAR.
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(United Press Association.)
Blenheim, Dec 1.
Reproduction: Peter de Waal
The Supreme Court sittings opened here this morning before Mr Justice Denniston. The calendar is unusually heavy, comprising seven charges, including two of indecent assault (one Blenheim case and one Seddon); one each of attempted arson, unnatural offence, illegal operation (a Picton case); breaking and entering (Picton) and assault and robbery against three young men.
True bills were returned against Ellen Thompson (illegal operation), and Bernard McKenna, Charles Osgood, and George Higgs, assault and robbery.
A young man named Robert Anstice was sentenced to three years’ imprisonment for committing an unnatural offence. Mr Justice Denniston said he would have made the sentence heavier but for the accused’s weak intellect. He would forward to the proper quarter the grand jury’s question why the police failed to apprehend a young man named Devereaux, alias Evans, although he was apparently a greater offender than Anstice, and though an information against both was laid by a hotelkeeper [Owen Newport] 2 the next morning, and Devereaux was bookmaking at the Seddon races all the next day, and was well known to the police.
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Evening Star (NZ), Thu 2 Dec 1909 3
CRIMINAL SITTINGS.
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AUCKLAND
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BLENHEIM.
Before Mr Justice Denniston yesterday a young man named Robert Anstice was convicted of an unnatural offence, and sentenced to three years’ imprisonment. His Honor said he would have made the sentence heavier but for accused’s weak intellect. He would forward to the proper quarter the Grand Jury’s question why the police had failed to apprehend a young man named Devereaux alias Evans, who was apparently a greater offender than Anstice.
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Marlborough Express (Marlborough, NZ), Thu 2 Dec 1909 4
FOUR-MONTHLY SESSION.
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WEDNESDAY, DECEMBER 1
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(Before his Honor Mr Justice Denniston.)
CHARGE OF INDECENT ASSAULT.
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UNNATURAL OFFENCE.
Robert Anstice was charged with an unnatural offence, on the 12th October, at Blenheim.
Prisoner pleaded not guilty.
This case was defended by Mr GP Rogers, who said that it could proceed without a jury, as he intended to withdraw the plea of not guilty at a later stage.
A jury was however empanelled as follows:—JD Iremonger (foreman), LA Browne, W Bush, John Boyd, jun., T Johnston, Geo Bartlett, Geo Patchett, TS Davies, J Fitzgerald, RJ Knight, Geo Boyce, T Holdaway.
The Crown Prosecutor (Mr R McCallum) opened on the facts as sought to be proved by the prosecution, and called in evidence Owen Newport, Frederick Hunter, and Constable Bird.
For the defence Dr Bennett was |called to prove that the prisoner was a mental degenerate and a sexual pervert, and his condition and nature such as to render him not morally aware of the nature of the act. In his opinion the prisoner was not responsible for his actions. In his case the moderate use of alcohol was the abuse of it.
Mr Rogers said that he would withdraw the plea of not guilty and leave it in his Honor’s hands.
His Honor said he did not think that Mr Rogers could now withdraw the plea. He had raised the defence of insanity. He (his Honor) thought that Mr Rogers should leave it to the jury.
Mr Rogers: As your Honor pleases. His Honor then summed up, and the jury retired.
Their verdict on returning was one of guilty, with a recommendation to mercy on account of the prisoner’s mental condition.
His Honor said that the man was not safe to be at large. He would be much better under control for a substantial period of time. Had he been an active party, in the offence he would give a long sentence. As it was he would inflict a sentence of three years’ imprisonment.
His Honor said that the Grand Jury had in the morning made a presentment in this case, which was a public declaration and should be made public. The presentment was as follows:—
“That the Grand Jury would respectfully present that in their opinion in the case Rex v. Anstice, a miscarriage of justice will occur unless a man named Devereaux or Evans is also charged with being concerned in the same offence, and would ask that steps be taken to ascertain why the said Devereaux or Evans has not been charged. That Mr [Owen] Newport laid an information against Devereaux or Evans as well as against Anstice at 8 o’clock on the morning after the offence. That Devereaux or Evans was known to the police; that he was present all the day following at the Seddon races as a bookmaker, and we are informed that he returned to Blenheim by the evening train and was not arrested by the police, as we consider should have been done, he being, in the opinion of the Grand Jury, considered the principal offender.”
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Otago Daily Times (NZ), Thu 2 Dec 1909 5
SUPREME COURT SITTINGS
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(Per United Press Association.)
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Blenheim, December 1.
The Supreme Court sittings opened this morning, before Mr Justice Denniston. The calendar is an unusually heavy one, comprising seven charges.
His Honor, in charging the grand jury, said the calendar was much longer than usual for the district, but although its length was greater none of the charges were of a serious nature of their class. A young man named Robert Anstice was sentenced to three years’ imprisonment for an unnatural offence.
Judge Denniston said he would have made the sentence heavier but for accused’s weak intellect. He would forward to the proper quarter the grand jury’s question why the police had failed to apprehend a young man named Devereaux, alias Evans, who was apparently a greater offender than Anstice.
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The Star (Canterbury, NZ), Thu 2 Dec 1909 6
SUPREME COURT.
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(Per Press Association.)
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Blenheim, December 1.
At the Supreme Court a young man named Robert Anstice was sentenced to three years’ imprisonment for an unnatural offence. Mr Justice Denniston said that he would have made the sentence heavier but for accused’s weak intellect. He would forward to the proper quarter the Grand Jury’s question why the police failed to apprehend the young man Devereaux, alias Evans, though he was apparently a greater offender than Anstice, and though the information against both was laid by an hotelkeeper early next morning, Devereaux was bookmaking at Seddon races all next day and was well known to the police.
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Pelorus Guardian and Miners’ Advocate (NZ), Fri 3 Dec 1909 7
BLENHEIM TABLE TALK.
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NEWS FROM ACROSS THE RIVERS.
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(From our Correspondent)
Thursday Morning.
The final sessions of the Supreme Court for 1909 are now in progress Mr Justice Denniston is presiding. Contrary to our experience during the last two or three years, the Crown Prosecutor had quite a large amount to do, the following criminal cases, seven in all, being set down for hearing Bernard McKenna, Charles Osgood, and George Higgs, assault; Henry Edward Mears, attempted arson; William McGrath, indecent assault; Samuel Hugh Strain, breaking and entering; Robert Anstice, unnatural offence; George J Davis Goff, indecent assault; and Ellen Thompson abortion.
In his charge to the Jury the Judge said that be could not this time congratulate the district upon being free from crime, but he could say that none of the cases was of a very serious nature in its class. The Grand Jury brought in true bills in each case, except in the charge of arson against Mears, and also found the following presentment in connection with the sodomy case: This Grand Jury would respectfully present that in their opinion in the case Rex v. Anstice a miscarriage of justice will occur unless the man Devereaux or Evans is also charged with being concerned in the same offence; and would ask that steps be taken to ascertain f why Devereaux or Evans has not been charged. We are informed that Mr Newport laid an information against him, as well as Anstice, at eight o’clock next morning; that Devereaux was known to the police; that on the day following the offence was present at the Seddon races as a bookmaker, and returned to Blenheim on the evening train, and was not arrested by the police, as we consider should have been done, he being, in the opinion of the jury, the principal offender. On the cases going to trial, Robert Anstice was found guilty, with a recommendation to mercy on the ground of his mental deficiency. In sentencing the prisoner to three years’ imprisonment, his Honour remarked that in his present mental and moral condition the prisoner was a danger to society, and the best thing for himself and the community would be for him to be placed under restraint for a considerable period. He was getting off very lightly, for it was a disgusting case.
The jury failed to agree in their consideration of the case against Ellen Thompson, and were discharged, the Crown Prosecutor applying for a fresh trial at the conclusion of the other criminal business.
The boy Goff, a lad of under 14 years, was found guilty with a strong recommendation to mercy on account of his tender years. The Judge, in his charge, had remarked that was a pity that such a case, where no actual harm had been done, should come into publicity of the Court, as a good horsewhipping at the time the attempt was made would have served the purpose. His Honour, on consideration of the Probation Officer’s report, will decide this morning whether the boy should be sent to the industrial school or to some home.
At 5.15 pm the Court adjourned till 10 this morning.
1 Colonist (Nelson, NZ), Thu 2 Dec 1909, p. 3. Emphasis added.
2 Truth, (NZ), Sat 8 Aug 1908, p. 5. Emphasis added.
“The Masonic Hotel, Blenheim, which was burned down some time back, is now rebuilt and will be open to receive the travelling public about September 1st. Mr Owen Newport, this proprietor, is well known in both Inlands and can be depended upon to supply nothing but the best in the way of liquors and smokes. Anyone frequenting this hotel is requested to obtain a copy of Newport's Ten Commandments.”
3 Evening Star (NZ), Thu 2 Dec 1909, p. 6.
4 Marlborough Express (Marlborough, NZ), Thu 2 Dec 1909, p. 5. Emphasis added.
5 Otago Daily Times, (NZ), Thu 2 Dec 1909, p. 8.
6 The Star (Canterbury, NZ), Thu 2 Dec 1909, p. 3.
7 Pelorus Guardian and Miners’ Advocate, (NZ), Fri 3 Dec 1909, p. 7. Emphasis added.