The Sydney Morning Herald, Thu 21 Mar 1901 ¹

COUNTRY NEWS.
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…

Coonamble, Wednesday.

    The Quarter Sessions were concluded yesterday before Judge Docker. John William Walden, on a certain charge, was acquitted. Thomas Lawrence, on a charge of assault, was acquitted. John Clarke, on a charge of assault, was acquitted. In the case of Arthur Morris and Frank Meyger, charged with assaulting and robbing a Chinaman, the jury disagreed. The accused were remanded to the Dubbo Sessions.

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Coonamble Independent and Castlereagh River Advocate, Fri 22 Mar 1901 ²

QUARTER SESSIONS.
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(Before His Honor Judge Docker.)
Monday, March 18th.

SODOMY.

    John William Walden, of Quambone, aged about 15 years, was charged with having committed an unnatural offence upon Albert James McIntosh, aged 11 years, at Quambone on 11th October 1900, and on a second charge of a similar character on 13th October 1900; also having indecently assaulted the same Albert James McIntosh.

    Accused pleaded “not guilty” and was defended by Mr Hegarty.

    Following is the jury empannelled:—[sic] Messrs John Rigney, EP Polin, Thomas King, John McIsaacs, —– Taylor, Jas Rigney, W Mitcham, Thomas M Simpson, Jos H Gilligan, RC Byrne, R Mooy and P Donohoe.

    The Crown Prosecutor, Mr Murray, briefly stated the case and called evidence.

    Evidence in support of the charge was given by Albert James McIntosh, Raymond McIntosh (aged 10 years), John Doyle (aged 12 years), Mrs McIntosh and Constable Gannon (stationed at Quambone.)

    For the defence: Accused [John William Walden] went into the box and denied the charge, and evidence was given by John William Walden (accused’s father). Edward Keating and John Doyle also gave evidence as to character.

    Counsel addressed the Jury and His Honor summed up.

    The jury retired shortly after 1 o’clock, and returned at about 3.20 pm with a verdict of “not guilty”, and accused was discharged.

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The Coonamble Times and Castlereagh Newspaper, Fri 22 Mar 1901 ³

COONAMBLE QUARTER SESSIONS.
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Monday, 18th March.
———
(Before His Honor Judge Docker.)
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    The Court of Quarter Sessions opened at Coonamble on Monday morning.
    Mr H Giles Shaw represented the Sheriff, and Mr M Longfield acted as Clerk of Arraigns.
    Mr Murray acted as Crown Prosecutor. Mr AH Shand was the other barrister in attendance. The solicitors were Messrs JDY Dutton, SR Skathorpe, and F Seymour Hegarty.

UNNATURAL OFFENCE.

    The first case called was that of John William Walden, of Quambone, who was charged with the above offence on Albert James McIntosh. There were three separate charges.
    The accused pleaded not guilty, and was defended by Mr Seymour Hegarty.
    The Crown Prosecutor briefly stated particulars of the case to the jury, and called

    Albert James McIntosh, who deposed that he was 11 years of age, and a son of Henry McIntosh, of Quambone. He remembered being on the Quambone Common on the day of the alleged assault with his brothers, the accused, and some other boys. They were out rabbit-hunting, and while he was running along the accused put a stick in front of him and tripped him. He got up, and accused punched him and knocked him down. He then committed the offence complained of.

    The witness then gave particulars of what occurred, but the evidence is altogether unfit for publication.

    By Mr Hegarty: Have not been going to school for some time, but go to church and Sunday school every Sunday. Made a statement to Constable Gannon about the case.

    Raymond McIntosh, brother of the last witness, aged 10 years, gave corroborative evidence.

    John Doyle deposed that he was 12 years of age, and resided at Quambone. He remembered being out on the common with accused Walden, and other boys. (The witness here broke down and had to be removed.)

    Alfred Gannon, police constable at Quambone, gave evidence as to the arrest of the accused.

    Mary Jane McIntosh, mother of the complainant, also gave evidence.

    The accused, John William Walden, then got into the witness box and gave evidence. He made an emphatic denial of the charge.

    William Walden, father of the accused, and Edward Keating also gave evidence, the latter as to character.

    Mr Hegarty then made an able and somewhat lengthy address to the jury. The Crown Prosecutor did not reply.

    His Honor then summed up briefly, and asked the jury to consider their verdict. After a retirement of about two hours the jury returned into court with a verdict of not guilty, and the accused was discharged.

 

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¹     The Sydney Morning Herald, Thu 21 Mar 1901, p. 8. Emphasis added.

²     Coonamble Independent and Castlereagh River Advocate, Fri 22 Mar 1901, p. 11. Emphasis added.

³     The Coonamble Times and Castlereagh Newspaper, Fri 22 Mar 1901, p. 2. Emphasis added.

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