The Muswellbrook Chronicle and Upper Hunter Advertiser, Wed 13 Dec 1899 1
POLICE COURT.
———◦———
Tuesday, December 12.
(Before Messrs TC McKell, PM,
and W Clendinning, JP.)
ON the Court being opened Mr McIntyre, on behalf of the legal profession, addressed a few words of welcome to the PM, to which the latter briefly replied.
John McCaffrey, charged with an abominable offence, was, on the application of the police, remanded till Tuesday next.
A hawker’s license was granted to Anthony Della.
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The Muswellbrook Chronicle and Upper Hunter Advertiser, Wed 20 Dec 1899 2
POLICE COURT.
———◦———
Tuesday, December 19.
(Before the PM, Messrs RT Keys
and CE Doyle, J’sP.)
John McCaffrey, on remand, was brought up on a charge of attempting to commit an abominable offence, on Monday, 11th instant.
Mr JE McIntyre appeared for the prosecution.
After hearing the evidence of Constable Haigh, Alexander Weidmann, Frank Weidmann, Malcolm Gardner, and Henry Cox, accused who pleaded not guilty, was committed to stand his trial at the Court of Quarter Sessions to be holden at Singleton on the 14th March next.
Bail was allowed, self in £80, and two sureties of £40 each.
The witnesses were bound over to appear in the usual way.
~ ~ ~ ~ ~
The Maitland Daily Mercury, Wed 14 Mar 1900 3
SINGLETON QUARTER SESSIONS.
————
(By Telegraph From Our Representatives.)
Singleton, Wednesday.
The Quarter Sessions opened at 10 o’clock this morning before his Honor Judge Docker. Mr GL Lethbridge was Sheriff’s Deputy, and Mr AF Dawson Prosecutor for the Crown. There were four cases listed.
…
The other case listed for trial is one against John McCaffrey, for indecently assaulting Frank Weidmann, a male person, at Muswellbrook, on the 11th December, 1899.
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The Maitland Mercury and Hunter River General Advertiser, Thu 15 Mar 1900 4
SINGLETON QUARTER SESSIONS.
———
(From Our Representatives.)
———
Wednesday, March 14.
(Before his Honor Judge Docker.)
The March sittings of the Singleton Quarter Sessions opened at 10 am yesterday, Mr AF Dawson prosecuted for the Crown. Mr George L Lethbridge acted as Sheriff’s Deputy.
NEW JUSTICES OF THE PEACE.
The following gentlemen were shown in by his Honor as magistrates of the territory:—Arthur Grainger, Singleton; Henry McFadden junior, Singleton; Dr William Irwin, Singleton; Henry Percy Stacy, Glendon Brook; John Augustus Moore, Quirindi; Charles Picton, Yellow Rock, Broke; and Henry Bailey, Alroy, Singleton. His Honor congratulated the several gentlemen and said he hoped their services would be of benefit to the district.
…
Thursday, March 15.
The Court re-opened at 10 am.
ALLEGED INDECENT ASSAULT.
John McCaffery, an elderly man, was arraigned on a charge of having assaulted Frank Weidmann, [aka Wiedman] a male person, at Muswellbrook on the 11th December, 1899.
Mr AB Shaw defended the prisoner, who pleaded not guilty.
The following jury were empanelled: James Andrews, Joel Atkin, George Barton, Thomas Thrift, Thomas Curry, Henry Adams, William Waddell, William Richards, Lawrence McGowan, Daniel Waddell, Edward Moore, and Frank JR Dight.
The Crown Prosecutor having related briefly the facts of the case called evidence, which is unfit for publication.
The accused gave evidence on his behalf, and denied committing the offence as alleged.
Counsel then addressed the jury, and at eleven o’clock his Honor commenced to sum up. He reviewed the evidence at some length, and explained the law to the jury.
At a quarter past eleven, the jury retired, and after an absence of twenty minutes, returned into court with a verdict of guilty.
The accused, in answer to his Honor, said he was 42 years of age.
In reply to his Honor, Constable [Albert Edward] Haigh, of Muswellbrook, said nothing was known of the accused up to the present case. In passing sentence, his Honor said the accused was a dangerous person to anyone younger than himself (the accused). Fortunately he was seen and interrupted in the execution of an abominable offence. For such offence accused was liable to penal servitude for five years with three floggings. It was very rarely he was compelled to order whippings though in such cases it was most efficacious, and it was only through the hide that such person could be reached. He would order him to undergo one flogging of 25 strokes with penal servitude for three years. If he was to duly undergo the whipping the accused would have leave to petition at the end of twelve months for a remission of the sentence.
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The Budget and Singleton Advertiser, Fri 16 Mar 1900 5
SINGLETON QUARTER SESSIONS.
———◦———
Wednesday, March 14.
————
(Before his Honor Judge Docker.)
The March sittings of the Singleton Quarter Sessions opened at 10 am on Wednesday. Mr AF Dawson prosecuted for the Crown. Mr Geo L Lethbridge acted as Sheriff’s Deputy.
———
NEW JUSTICES OF THE PEACE.
The following gentlemen were sworn in by his Honor as magistrates of the territory:—Arthur Grainger, Singleton; Henry McFadden, junior, Singleton; Dr William Irwin, Singleton; Percy Stacy, Glendon Brook; Henry John Augustus Moore, Quirindi; Charles Picton, Yellow Rock, Broke; and Henry Bailey, Alroy, Singleton. His Honor congratulated the several gentlemen and said he hoped their services would be of benefit to the district.
…
ALLEGED INDECENT ASSAULT.
John McCaffery, an elderly man, was arraigned on a charge of having assaulted Frank Weidmann, a male person, at Muswellbrook of the 11th December, 1899.
Mr AB Shaw defended the prisoner, who pleaded not guilty.
The following jury was empanelled: James Andrews, Joel Atkin, George Barton, Thomas Thrift, Thomas Curry, Henry Adams, William Waddell, William Richards, Lawrence McGowan, Daniel Waddell, Edward Moore, and Frank JR Dight.
The accused elected his right, and challenged four jurors.
The Crown Prosecutor (Mr Dawson), briefly outlined the case, and evidence was given for the Crown by Frank Weidmann, Malcolm Gardiner, Henry Cox (Chiselhurst), Alexander Weidmann, and Constable Albert [Edward] Haigh.
The accused then went into the box and gave evidence on his own account, and made a complete denial of what had been stated.
The evidence adduced is of such a nature to make it entirely unfit for publication.
Mr Shaw then addressed the jury on behalf of the accused, and Mr Dawson followed.
His Honor then summed up for about half an hour, and reviewed the evidence.
The jury retired and returned in about thirty minutes with a verdict of guilty.
The accused said he had nothing to say in mitigation of sentence, and that he was 42 years of age.
Constable Haigh of Muswellbrook, said that nothing was known of the accused.
His Honor said he had been found guilty of an abominable offence, and he had only one excuse, which was he was drunk. This was not the case in this instance. You are corrupt both in mind and behaviour, and you are a dangerous man. Fortunately, you were seen and interrupted. You are liable to penal servitude for 5 years with three floggings. It was very rarely he had been compelled to order whippings, though in such cases it was an efficacious and appropriate punishment for personal vice and impurity, and it was only through the hide that this would be reached when they have degraded themselves below the beasts. You will be whipped once with 25 lashed and three years penal servitude. After the flogging you can petition for a remission of part of the sentence, that is, after you have served twelve months prison.
~ ~ ~ ~ ~
Singleton Argus, Sat 17 Mar 1900 6
SINGLETON QUARTER SESSIONS.
———◦———
Wednesday, March 14.
————
(Before his Honor Judge Docker.)
…
Thursday, March 15.
————
The Court re-opened at 10 am.
ALLEGED INDECENT ASSAULT.
John McCaffrey, an elderly man, was arraigned on a charge of having assaulted Frank Weidmann, a male person, at Muswellbrook on the 11th December, 1899.
Mr AB Shaw defended the prisoner, who pleaded not guilty.
The following jury were empanelled: James Andrews, Joel Atkin, George Barton, Thomas Thrift, Thomas Curry, Henry Adams, William Waddell, William Richards, Lawrence McGowen, Daniel Waddell, Edward Moore, and Frank JR Dight.
The Crown Prosecutor having related briefly the facts of the case called evidence, which is unfit for publication.
The accused gave evidence on his own behalf, and denied committing the offence, as alleged.
Counsel addressed the jury and his Honor summed up, reviewing the evidence and explaining the law to the jury.
At a quarter past 11 the jury retired, and after an absence of 20 minutes returned into court with a verdict of guilty.
The accused, in answer to his Honor, said he was 42 years of age..
In reply to his Honor, Constable Haigh, of Muswellbrook, said nothing was known of the accused up to the present case..
His Honor, in passing sentence, said the accused was a dangerous person to anyone younger than himself (the accused). Fortunately, he was seen and interrupted in the execution of an abominable offence. For such offence he was liable to penal servitude for five years with three floggings. It was very rarely he was compelled to order whippings, though in such cases it was most efficacious, and it was only through the hide that such persons could be reached. He would order him to undergo one flogging of 25 strokes with penal servitude for three years. If he was to duly undergo the whipping the accused would have leave to petition at the end of 12 months for a remission of sentence.
~ ~ ~ ~ ~
John McCaffery, Gaol photo sheet 7
![SRNSW: NRS2138, [3/6065], Darlinghurst Gaol photographic description book, 1900-1900, No. 7978, p. 43, R5108.](../../images/trials/1900-McCaffery-6065-gaol-photo-7978.jpg "SRNSW: NRS2138, [3/6065], Darlinghurst Gaol photographic description book, 1900-1900, No. 7978, p. 43, R5108.") |
Gaol Photo Sheet - Transcribed Details
No. 7978
1187/1900
Date when Portrait was taken: 22-3-1900
Name: John McCaffery
|
Native place: NSW Year of birth: 1858 Arrived Ship: – Trade or occupation Religion: RC Education, degree of: R&W Height: 5' 9½" Weight On committal: 164 Colour of hair: Dark Colour of eyes: Hazel |
|
|
(No. of previous Portrait ... ) CONVICTIONS |
|||||
| Where and When | Offence. | Sentence | |||
|
Singleton Q.S |
15 |
3 |
1900 |
Indecent assault on a male |
3 yrs PS and 25 Lashes |
1 The Muswellbrook Chronicle and Upper Hunter Advertiser, Wed 13 Dec 1899, p. 2.
2 The Muswellbrook Chronicle and Upper Hunter Advertiser, Wed 20 Dec 1899, p. 2. Emphasis added.
3 The Maitland Daily Mercury, Wed 14 Mar 1900, p. 3.
4 The Maitland Mercury and Hunter River General Advertiser, Thu 15 Mar 1900, p. 2. Emphasis added.
5 The Budget and Singleton Advertiser, Fri 16 Mar 1900, p. 3. Emphasis added.
6 Singleton Argus, Sat 17 Mar 1900, p. 7. Emphasis added.
7 SRNSW: NRS2138, [3/6065], Darlinghurst Gaol photographic description book, 1900-1900, No. 7978, p. 43, R5108.