Riverine Advertiser, Wed 23 Jan 1901 1
THE VALDARES COMPANY.—We are requested to announce that on account of the death of Her Majesty the Queen, there will be no performance at the Town Hall to-night, and the cycling exhibition advertised for this afternoon will take place to-morrow afternoon (Thursday) at 4.30 from Tattersall’s Hotel to the Post Office.
DR E ALFRED GRAHAM on Wednesday (to-day) was sworn in by his Honor Judge Rogers as a justice of the peace for the State of New South Wales.
THE QUARTER SESSIONS.—On the announcement of the death of the Queen being made to his Honor Judge Rogers yesterday, through the medium of a wire received by the “Pastoral Times,” his Honor stated that he would have to continue with the criminal case which had been commenced, and the court would adjourn until Thursday morning at its conclusion. When the case had concluded, shortly after midday, the court adjourned until half-past nine to-morrow morning.
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The Deniliquin Independent, Fri 25 Jan 1901 2
DENILIQUIN QUARTER SESSIONS.
———
Wednesday, January 23.
(Before His Honour Judge Rogers.)
The court opened at 10 o’clock on Wednesday morning. Mr H Harris acted as Crown Prosecutor.
The following cases were dealt with:—
…
ALLEGED MALICIOUSLY WOUNDING.
John Kelly was charged with maliciously wounding Wallace Ford, on the 25th October last, at Murray Downs. The accused pleaded not guilty.
The following jury was sworn:—John Burke, T Gordon, C Larkin, WE Latchford, JT Robertson, Wm Canning, E Berryman, FJ Timms, CF De Eraga, Willie Jones, MA Price, and JJ Skinner.
Evidence was given by Wallace Ford, Joseph Spear, Herbert Neil, James Reynolds, and Constable [John] Davis [aka Davies] for the prosecution after which the accused [John Kelly] made a long statement.
The jury brought in a verdict of not guilty and the accused was discharged.
The Court then adjourned sine die.
…
THE STATE PRISONS
————
We have received some statistical and other information relative to the gaols of the colony. It is shown that, on the last of 1891, out of every 445 of the general population 1 was in gaol; 1894, out of every 480, 1; 1897, out of every 535, 1; 1898, out of every 646, 1; 1899, out of every 682, 1; 1900, out of every 718, 1. December 31, 1894, general population, 1,251,450; gaol population, 2604. December 31, 1900, general population, 1,365,600; gaol population, 1900. During the last six years the gaol population has decreased actually by 704, and relatively, as regards the general population, by 941. The maximum rates of wages per annum are as follows:—Chief warders, after three years’ service, £196; chief warders, £190; acting-gaolers, first grade, £184; senior warders, £184; first-class warders, £166; second-class warders, £148; third-class warders, £136; probationary warders, £110; principal female warders, £150; forewoman, £110; female warders (higher division), £124; female warders (lower division), £104; probationers, £70; chief overseers, £186; overseers, £170; foremen of works, £158. At Trial Bay Prison the chief overseer is to receive a salary of £210 per annum, the overseers £186, and the foremen £170 per annum, without deductions for quarters where such are allowed. To meet the extra cost of living or other special circumstances, all classes of warders stationed at the undermentioned places to receive extra payments at the following rate per annum:—Wilcannia, Moree, Walget [sic], £20; Trial Bay, £12; Broken Hill, Hay, Bourke, Cobar, Deniliquin and Coonamble, £10.
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The Pastoral Times, Sat 26 Jan 1901 3
QUARTER SESSIONS
———
(Before His Honour Judge Rogers.)
The court opened at 10 o’clock on Wednesday morning. Mr H Harris acted as Crown Prosecutor. The following cases were dealt with:—
…
ALLEGED MALICIOUS WOUNDING.
John Kelly was charged with maliciously wounding Wallace Ford, at Murray Downs, on 25th October, 1900.
The accused, who was not defended, pleaded not guilty.
The following jury was sworn:—J Burke, Thos Gordon, CH Larkin, WE Latchford, JT Robertson, Wm Canning, Ed Berryman, FJ Timms, CF De Fraga, W Jones, MA Price, and J Skinner.
Wallace Ford, labourer, deposed that on the 25th October last he was camped on Murray Downs with the accused. They went into Swan Hill and had some drinks together, and then returned to the camp between 11 and 12 in the morning. Witness was a little worse for drink, and on reaching the camp he went to sleep. He woke up to find the accused interfering with him, and Kelly then said “You —— I’ll do for you.” Witness got up and Kelly knocked him down, tore his shirt off, and kicked him about the chest and body. Witness started to roll up his swag and accused then struck him on the head with a billycan. A man named Joseph Spears then came up. The wound on witness’s head was seen by a man named Reynolds, a constable and a chemist in Swan Hill; it bled a great deal.
To accused : We were camped together two or three days. You gave me five or six shillings the night before the alleged offence, and I did not sleep at the camp. You met me the next morning and we had a few drinks together.
Joseph Spear deposed that the accused and Ford were camped about 30 yards away from him on October 25 last, and whilst he was fishing he heard Ford cry out. Witness ran up the bank and saw Kelly strike Ford in the face with his fist. He then called out to Kelly, who came over and sais Ford had called him a b—— and he would not be called that by anyone. A few minutes later Ford again cried out, and witness went over and saw he was bleeding from the head. Ford’s shirt was not then on, and he then rolled up his swag and went away.
To accused: He did not hear what the row was about.
Herbert Neil, labourer, said that he heard the row at Kelly’s camp and saw accused strike Ford on the head, which made him drop on his knees. Accused then pulled Ford’s shirt off and next struck him with a billycan twice on the head. The billycan produced was the one used, and had hair on it.
To accused: Ford did not mention anything about any other offence being committed on him.
To Mr Harris: Ford was rolling up hi swag when he was hit.
James Reynolds, labourer, stated that when he saw Ford he was bleeding from a wound in the head, and blood was running down his face and back.
In answer to his Honor, Ford denied that he had called Kelly any names at all.
Constable Davis, stationed at Moulamein, said that the wound on Ford’s head seemed to be a deep one and about two inches long. Witness arrested the accused, who told him that he had been drinking with Ford, and they had a row, after which he (Kelly) hit him with the billy.
This was the case for the Crown.
For the defence,—
John Kelly, the accused, made a long statement in the box, and said that he struck Ford once or twice as he called him a certain name. Afterwards he was taking accused’s billy and witness struck him on the head.
To Mr Harris: He was called “Raker” Kelly, but was not considered a pugilist.
The accused then went into the dock and addressed the jury for a quarter of an hour, after which his Honor summed up.
The jury, after consideration, brought in a verdict of not guilty and the accused was discharged.
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Riverine Advertiser, Wed 30 Jan 1901 4
QUARTER SESSIONS.
———
(Before His Honour Judge Rogers.)
Thursday, January 24.
…
ALLEGED MALICIOUS WOUNDING.
John Kelly was charged with maliciously wounding Wallace Ford, at Murray Downs, on 25th October, 1900.
The accused, who was not defended, pleaded not guilty.
The following jury was sworn:—J Burke, Thos Gordon, CH Larkin, WE Latchford, JT Robertson, Wm Canning, Ed Berryman, FJ Timms, CF De Fraga, W Jones, MA Price, and J Skinner.
Wallace Ford, labourer, deposed that on the 25th October last he was camped on Murray Downs with the accused. They went into Swan Hill and had some drinks together, and then returned to the camp between 11 and 12 in the morning. Witness was a little worse for drink, and on reaching the camp he went to sleep. He woke up to find the accused interfering with him, and Kelly then said “You –––– I’ll do for you.” Witness got up and Kelly knocked him down, tore his shirt off, and kicked him about the chest and body. Witness started to roll up his swag and accused then struck him on the head with a billycan. A man named Joseph Spears then came up. The wound on witness’s head was seen by a man named Reynolds, a constable and a chemist in Swan Hill; it bled a great deal.
To accused: We were camped together two or three days. You gave me five or six shillings the night before the alleged offence, and I did not sleep at the camp. You met me the next morning and we had a few drinks together.
Joseph Spear deposed that the accused and Ford were camped about 30 yards away from him on October 25 last, and whilst he was fishing he heard Ford cry out. Witness ran up the bank and saw Kelly strike Ford in the face with his fist. He then called out to Kelly, who came over and said Ford had called him a b–––– and he would not be called that by anyone. A few minutes later Ford again cried out, and witness went over and saw he was bleeding from the head. Ford’s shirt was not then on, and he then rolled up his swag and went away.
To accused: He did not hear what the row was about.
Herbert Neil, labourer, said that he heard the row at Kelly’s camp and saw accused strike Ford on the head, which made him drop on his knees. Accused then pulled Ford’s shirt off and next struck him with a billycan twice on the head. The billycan produced was the one used, and had hair on it.
To accused: Ford did mention anything about any other offence being committed on him.
To Mr Harris: Ford was rolling up his swag when he was hit.
James Reynolds, labourer, stated that when he saw Ford he was bleeding from a wound in the head, and blood was running down his face and back.
In answer to his Honor, Ford denied that he had called Kelly any names at all.
Constable Davis, stat ioned at Moulamein, said that the wound on Ford’s head seemed to be a deep one and about two inches long. Witness arrested the accused, who told him that he had been drinking with Ford, and they had a row, after which he (Kelly) hit him with the billy.
This was the case for the Crown.
For the defence,—
John Kelly, the accused, made a long statement in the box, and said he struck Ford once or twice as he called him a certain name. Afterwards he was taking accused’s billy and witness struck him on the head.
To Mr Harris: He was called “Raker” Kelly, but was not considered a pugilist.
The accused then went into the dock and addressed the jury for a quarter of an hour, after which his Honor summed up.
The jury, after consideration, brought in a verdict of not guilty and the accused was discharged.
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Deniliquin Chronicle and Riverine Gazette, Thu 31 Jan 1901 5
DENILIQUIN QUARTER SESSIONS.
———◦———
Thursday, Jan 24, 1901.
(Before his Honor Judge Rogers.)
THIS Court was concluded on Thursday last, having been adjourned on the previous morning on account of the Queen’s death. When the Court opened on Thursday morning his Honor ordered that the three accused who had been remanded for sentence on the previous day be brought before him.
…
ALLEGED MALICIOUS WOUNDING.
(Jury.—Messrs J Burke, T Gordon, CH Larkin, JT Robertson, WE Latchford, W Canning, E Berryman, FJ Timms, CF De Fraga, W Jones, MA Price, and JJ Skinner.)
John Kelly was charged with having on the 25th Oct, 1900, at Murray Downs, NSW, maliciously wounded Wallace Ford.
The Crown Prosecutor briefly opened the case, and the following evidence was taken:—
Wallace Ford deposed he was a laborer; on the 25th Oct last he was camped near Murray Downs, sharing a camp with accused; had been into Swan Hill that day and had some drinks with accused; they went back to camp about 11 or 12 o’clock in the afternoon; he had had a little too much to drink, and laid down and went to sleep; he was woke up by accused who was trying to commit a beastly assault on him; witness jumped up, and said, “None of these games with me.” Accused then said, “You b——, I’ll do for you,” and struck witness on the nose with his fist, knocked him down, tore his shirt off, and kicked him about the chest and body; witness then started to roll up his swag, and accused struck him on the head with a billy can, and partly stunned him; Joseph Spear then came over and witness went away; he showed the wound to James Reynolds, Constable Davis, and a chemist at Swan Hill, who dressed it for him; it bled very much.
Accused cross-examined witness at great length, during which the latter said accused had given him money on the previous day, and that they had been camped together for two or three days.
Joseph Spear deposed he was a labourer; he was near Murray Downs on the day in question fishing; about half-past 10 or 11 he saw Ford and accused about 35 yards away; he heard Ford cry out, and saw accused strike him with his fist; he called out to accused to come over, which he did; accused told witness that Ford had call[ed] him a b——, and he would be called that by no man; accused then went back to Ford; he again heard Ford cry out, and on going over, saw that Ford was bleeding a great deal from the wound on his head; Ford’s shirt was not on; he saw Ford roll up his swag and go away.
Herbert Neil, laborer, and James Reynolds, gave corroborative evidence, and were both cross-examined by accused.
Wallace Ford, recalled: He did not call accused a b—–; the billy can produced was the one accused struck him with.
Constable John Davies [aka Davis], stationed at Moulamein, deposed that he arrested accused at Murray Downs, and on the way into Moulamein he made the following statement:—“I will tell you about this, the boy and I have been knocking about drinking; the boy only had a few shillings, I had £5 or £6; I was paying for the drinks; we left Barry’s Hotel, and went to the camp to have a feed; I left the boy lying down and went to some of the other blokes to get a frying pan; when I came back he said he would not have anything to eat; we had a row and he called me a b——; I hit him, and then I hit him with the billy.
His Honor asked accused if he would make a statement or give evidence on oath, &c. Accused [John Kelly] took the oath and made a long statement from the witness box, and afterwards addressed the jury. He admitted striking Ford, who, he said, had provoked him into doing so.
His Honor then summoned [sic] up briefly, and the jury, after a short retirement, returned with a verdict of not guilty, and accused was discharged
This terminated the business of the Court.
1 Riverine Advertiser, Wed 23 Jan 1901, [p. 1].
2 The Deniliquin Independent, Fri 25 Jan 1901, [pp. 2, 6]. Emphasis added.
3 The Pastoral Times, Sat 26 Jan 1901, [p. 3]. Emphasis added.
4 Riverine Advertiser, Wed 30 Jan 1901, [p. 2]. Emphasis added.
5 Deniliquin Chronicle and Riverine Gazette, Thu 31 Jan 1901 [p. 3]. Emphasis added.