Henry McDonald, 1902 – Indecent assault
Below also see: Henry McDonald, et al 1903
Henry McDonald, 1905 – Buggery
Barrier Miner, Wed 9 Apr 1902 1
WILCANNIA SESSIONS.
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(By Telegraph.)
Wilcannia, Wednesday.
The Quarter Sessions were held Monday and yesterday. Two men James Davis and James Macpherson, charged with obtaining £17-8s by means of false pretences to two years’ gaol each. Macpherson, on a second charge, was sentenced to an extra two years, the sentences to be concurrent. Lane and Albert were charged with sheep stealing on Marra station. Albert was acquitted; Lane was found guilty, and sentenced to three months’ imprisonment. A woman named Marie Morabes, charged with robbery from the person, was acquitted; and [Henry] Macdonald, [sic] a miner from White Cliffs, charged with [indecent] assault, was also acquitted.
Judge Gibson departed from Broken Hill yesterday afternoon.
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The Western Grazier, Wed 9 Apr 1902 2
[WILCANNIA] QUARTER SESSIONS.
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Tuesday, 8th April, 1902.
Before his Honor Judge Gibson. Mr Bevan was Crown Prosecutor.
The following jurors were excused:—R Leckie, Wm Binnie, John Atkinson, and Bertram Read. Thomas Ryan was fined 40s for non-attendance.
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INDECENT ASSAULT.
Henry McDonald was arraigned on a charge of indecently [assaulting] a male person named Buckly [aka Buckley], and pleaded not guilty.
The following jury was empanelled:—James Sullivan, Gordon Young, Harold Murphy, WG Campion, J McCready, D Cowan, GC Gammell, W Brewer, J Carter, L Downs (foreman), J Binnie, B Williamson.
Mr Julian appeared for the defence.
Sydney Buckley, being sworn, deposed that his name was Sydney Buckley, and was an opal dowser residing at White Cliffs. (The witness here gave evidence describing the assault.)
The accused made a short statement denying the accusation, and called Robert Ford, who gave evidence for the defence.
The Judge summed up, and after a short retirement the jury returned a verdict of not guilty.
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Western Life, Sat 12 Apr 1902 3
QUARTER SESSIONS.
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The Quarter Sessions were opened at Wilcannia, last Tuesday, before His Honor Judge Gibson, with Mr Bevan as Crown Prosecutor.
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Henry McDonald was charged with a horrible offence against one Sydney Buckley.
Mr A Julian appeared for the accused who pleaded not guilty. The audience voluntarily left the Court during the hearing of the case.
After a short retirement, the jury returned a verdict of not guilty and he was discharged.
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CHURCH OF ENGLAND.—The Rev J Rawling will (DV) conduct divine service in St Mary’s Church of England tomorrow (Sunday) morning, with Holy Communion at 11 o’clock, and in the evening at half-past seven.
ROMAN CATHOLIC.—The Right Rev Dr Dunne, Bishop of Wilcannia, arrives at the Cliffs this evening. Masses will be celebrated in the Church of the Sacred Heart to-morrow (Sunday) at 8 and 10, and in the evening, vespers at 7.30. His Lordship will formally open the new Convent building, in the afternoon at 3 o’clock, and the Rev T O’Farrell, CSSR, 4 of Ballarat, will preach the opening sermon. All parents and friends are invited to be present, and the Sisters will commence school on Monday next.
PROSPECTING AID.—Mr D Milne, Government Inspector of Mines, arrived from Broken Hill by Friday morning’s coach, with the object of definitely selecting the sites for prospecting aid, from among the various places suggested by our Progress Committee some months ago. Arrangements have been made to drive Mr Milne round the various sites, and we look forward to his visit being of great benefit to the Field.
MEDICAL.—Dr HR Horne may be consulted at the Medical Hall daily from 9.30 to 10.30 am, from 2 to 3, and from 7 to 8 am.
HOSPITAL BULLETIN.—Dr Ercole, Medical Officer of the local Hospital has kindly supplied us with the following information: Number of patients remaining in from last week, 19; since admitted, 1; discharged (cured) 2; died, 1; remaining in House, 17. One patient died from pneumonia, on last Tuesday evening. All typhoid cases are convalescent except one, who, however, is doing well. Of the other patients, one is dangerously ill.
Henry McDonald, et al, 1903
Barrier Miner, Mon 2 Feb 1903 5
ALLEGED SHEEP STEALING.
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(By Telegraph.)
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Image: NSW State Library. Reproduction: Peter de Waal
WHITE CLIFFS, Saturday Afternoon.
Harry Beecher, Benjamin Exley, James Cavanagh, and Harry McDonald, the latter an aboriginal, were to-day, in the police court, charged conjointly with stealing two sheep, the property of Edward Quinn, of Tarella station. Sergeant Wood and Constables Moran and Perry, with Alfred Quinn (the overseer), according to the evidence followed buggy tracks to Beecher’s camp, on White Cliffs, and on searching the camp they found the carcasses of two sheep, the heads of which Quinn identified as the property of Edward Quinn, the owner of Tarella. The case was remanded for further evidence till February 4. Bail was allowed, one surety in £160 or two of £80 in each case. Beecher is already out on bail.
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Barrier Miner, Fri 6 Feb 1903 6
ALLEGED SHEEP STEALING.
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THE TARELLA CASES.
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(By Telegraph.)
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White Cliffs, Friday.
At the White Cliffs police court yesterday afternoon James Cavanagh, Henry McDonald (aboriginal), Ben Exley, H Beecher, and F McBride were conjointly charged, on remand, with stealing two sheep, the property of Edward Quin, [sic] of Tarella station. All the accused were committed for trial.
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The Western Grazier, Wed 1 Apr 1903 7
[WILCANNIA] QUARTER SESSIONS.
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(Tuesday, 31st Instant.)
(Before His Honor Acting-Judge Rolin.)
Mr Bevan prosecuted for the Crown.
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SHEEP STEALING.
Francis William McBride, Benjamin Exley, and Henry Beecher (on bail), and James Cavanagh, and Henry Macdonald [sic] were charged with stealing two sheep, the property of Edward Quin and Co, of Tarella Station. They were also charged with receiving.
The prisoners pleaded not guilty.
Mr Millard for Beecher and McBride. Mr Julian for Cavanagh. The other prisoners were undefended.
The following jury was empanelled:—B Nice, JC Duggan, AW Watson, W Baker, GA James, F Sutton, Wm Death, W Pile, J Atkinson, C Norman, AG Gregory and JH Turner. Mr Atkinson was foreman.
Image: NSW State Library. Reproduction: Peter de Waal
Alfred Ernest Quin, being sworn, deposed: I am son of Edward Quin, the owner of Tarella, and live at Yourltoo, an out-station, as overseer. On 30th January last was is Yungulgra paddock at about 7.30. Saw a buggy track and one horse and followed the tracks to the horse and followed the tracks to the fence. Saw that sheep had been rounded up. Saw where the sheep had been caught. This was about 100 yards from camp. I followed the tracks for about a quarter of a mile from their camp, and went for the police. Sergeant Wood and Constable Perry followed tracks to accused’s camp. Did not hear what was said. I was holding the horses. I went into the camp in the afternoon and was there while the sergeant was searching. Saw two sheep freshly killed. The heads were not there. They were fat sheep. Saw two sheep’s heads at the back of Cavanagh’s camp. They bore the Tarella fire-brand, but the ears were cut off. The heads were fresh. (The witness identified heads produced in Court.) The blood was soft. All the accused were there except Beecher. Two bags were produced blood-stained, and Constable Moran pointed to blood stains on Macdonald’s boots. Macdonald was asked as to the blood stains, and did not reply. I went to White Cliffs. About 3 o’clock Sergeant Wood and myself followed the tracks to Nicholl’s selection and saw where two men had taken the horse out of the trap and had been walking about. This was on Momba Station. Where I saw the tracks in the morning was on Yourltoo. Found at Nicholl’s 2 skins, 4 ears, and 2 insides. Two ears bore the Tarella brand and two the age mark. (Ears identified.) The skins were fresh and about the same size that would have come off the sheep found at the other camp. The buggy tracks went right up the place. I saw the tracks of two men and they were similar to the tracks at the place where the sheep had been caught. The accused were not working for us at the time and had no business interfering with the sheep.
By Mr Millard.—Saw McBride at the camp. He seemed very sick. He was not in the tent where the sheep were. He got up. He was able to walk round.
By Mr Julian.—There was an age mark and an ear mark on the sheep. They were 2-tooth rising 4-tooth. The sergeant measured the buggy tracks at Nicholl’s camp. There were no other tracks there. Cavanagh said he had been cutting grass and offered to go out and show where it was. The bag was full of grass and had the marks of blood on it. The bag was stained in several places. The blood was dried up. We sometimes sell sheep to Byrnes, the butcher. They would have the fire-brand, but not the age mark. The fire-brand alone would not show they had been stolen from the station. There were no other tracks.
By Mr Bevan.—No Tarella sheep bearing this age-mark would be sold at White Cliffs.
By Mr Julian.—No sheep are sold to Mr Byrnes except from my end. I know all the sheep that are sold by the station.
By His Honor.—The camp is about two miles from White Cliffs. Following the tracks up we passed Nicholls’ selection, 4 miles from where the sheep had been caught. Got to accused’s camp about 11 o’clock. (Macdonald and Exley undefended wished to ask no questions.)
EP Quin, manager of Tarella, deposed: I know the Yungnulgra paddock. There were 12,000 or 14,000 Tarella sheep in the paddock. Sheep have been sold to Byrnes at White Cliffs but none with this age mark. I have examined the marks.
Sergeant Wood deposed: Am stationed at White Cliffs. On the 20th January I received information from Mr Quin, and went to a camp on the Tableland occupied by Macdonald, Exley, Cavanagh and McBride. It was Beecher’s camp, McBride was lying on the bank. He seemed ill. Cavanagh was in the same tent. Macsonald was sitting down, as also was Exley. When I rode up I asked who’s camp it was, and Macdonald said they alll camp there. I asked him how long and he said about a fortnight or three weeks. I asked if they had any objection to my searching. I also asked if they had any mutton, and one of them said “No.” I found the carcasses of two sheep. They were quite fresh. I found them in the tent occupied by Beecher. They were in a bag and another thrown over them near the entrance. Under the wall of the other tent I found a shirt with the heads of two sheep rolled up in it. There were some things over them. I identify the heads (produced), also the shirt. I asked each man if the shirt belonged to and they all denied it. Mr Quin identified the sheep by the fire brand. Shortly after Beecher arrived. I asked him who owned the tent and he said he did. He said “I sleep on this bunk, Exley sleeps there, and Black Mac [Macdonald] is here sometimes. We all sleep here together.” I told him I had found the carcases, two sheep in the tent and asked him how he accounted for them being there, and he said he didn’t know, they were not there at 9 o’clock that morning. There was a horse and vehicle there. Asked Beecher who owned it and he said he did; he lent it Black Mac and Cavanagh to go and cut grass. I said to Cavanagh is this the grass you were cutting, and he said yes. I asked him how he got the blood on the bag, and he said he didn’t know. I said is that the shirt you were wearing at the time, and he said it was. I asked him how the blood got on it, and he said it was not blood. I took possession of the shirt. I heard Constable Moran say to Macdonald, “How did you get the blood on your boots.” He said he didn’t know. I also took possession of a pair of trousers, and also a butcher’s knife, which was claimed by Macdonald. I asked him how he accounted for the blood on these things and he said he didn’t know. There was blood on the vehicle in different parts. Constable Moran asked them how the blood came on the vehicle. And Macdonald and Cavanagh said they did not know. Beecher was down the town before he was brought back by the police. This was about midday. I took them to the police station and charged them. About 3 pm I followed the buggy tracks coming into the camp back on the track to Nicholl’s selection. In an old shed found the skins of two sheep, the offal and four heads. They were quite fresh. I saw the tracks of two men. The tracks corresponded with the tracks of Macdonald and Cavanagh, but more especially Macdonald. Took both skins to the police station. I showed them to Cavanagh and Macdonald on the Monday. I told them I found the skins, and asked how they accounted for them. Macdonald said “Now, sergeant, you have not got me before a judge and jury.” Cavanagh said nothing.
By Mr Millard.—Beecher has been away and returned about a fortnight or three weeks back. He gave straight forward answers. I do not know where the sausages found in the camp came from. I proceeded against McBride by summons. I know McBride to be a working man. He bears good character. I do not know much about Beecher. I know nothing against him.
By Mr Julian.—Cavanagh offered no objection to the camp being searched. I took a shirt from him. Am not prepared to swear it is a blood-stain on it. I produce a knife. Have not taken any steps to ascertain if these stains are blood-stains. Cavanagh said something about getting grass in Clancy’s block. This is in another direction. Clancy’s block is from 7 to 10 miles from Nicholls’. Cavanagh said he could show me where he cut it. I am more confident of Macdonald’s tracks than Cavanagh’s.
By Mr Bevan.—Beecher is known as a spieler. He does not work. He attends race meetings. He has had a shooting gallery for about a fortnight, since being accused.
Constable James Moran, of White Cliffs, gave evidence corroborating Sergeant Wood’s statements. This witness gave his evidence very clearly.
By Mr Millard.—Beecher had been away from the field for some time. He said the men had occupied his camp while he was away. McBride works and I know nothing against him.
Mr Millard submitted that there was no case against Beecher and McBride.
Mr Bevan said that he did no expect a verdict against Beecher, Exley and McBride.
The Judge directed the jury that it was a mere case of suspicion against the three men mentioned, and he felt he must direct them to record a verdict not guilty. The jury returned a verdict accordingly. The Judge then discharged the prisoners.
Cavanagh and Macdonald declined to make a statement or go into the box and give evidence.
Several witnesses for the defence were called, but did not answer.
Mr Julian then addressed the jury on behalf of Cavanagh, contending there was a very weak case against his client.
The accused Macdonald said that he and Cavanagh had the trap from the time they left the camp until they came back.
The judge summed up strongly against the prisoners. The jury retired at 2.50 and returned in Court at 3.35 with a verdict of guilty of stealing. They were remanded for sentence.
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The Western Grazier, Sat 4 Apr 1903 8
QUARTER SESSIONS.
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(Before His Honor Acting-Judge Rolin.)
Mr Bevan prosecuted for the Crown.
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SENTENCES.
The following sentences were passed Wednesday morning on cases heard the previous day:—
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James Cavanagh and Henry McDonald for sheep-stealing. Mr Julian on behalf of Cavanagh, pleaded that many people at White Cliffs were practically starving, and desperate, and that Cavanagh bore an excellent character, and might be dealt with under the First Offenders’ Act. Mr Colvin the gaoler stated that on the 11th April 1902, Cavanagh had been sentenced to £5 or 2 months at the Wilcannia Police Court for language.
McDonald stated that he had always had a good name, and had never been in gaol. He asked for a chance. He pleaded to be brought under the First Offenders’ Act and a light sentence. He called Mr Quin. Mr EP Quin testified that he had employed McDonald and found him a good worker.
Each of the accused was sentenced to 9 months hard labour in the Bathurst Gaol.
Henry McDonald, 1905
The Federal Standard and Western District Advocate, Sat 2 Dec 1905 9
THE [WENTWORTH] SESSIONS.
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(Before His Honor Judge Gibson.)
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Messrs JL Shropshire, PM, and WJ Holding, JP, occupied seats on the Bench.
Henry McDonald, a half caste charged with committing an unnatural offence upon one, John Wilfren [or John William] Gill, at the Darling Hotel, on the night of October 28th, pleaded not guilty.
Mr W Bevan, prosecuted on behalf of the Crown, and Mr WR Cater defended accused.
The following jury was empanelled, namely, Messrs W Atkinson (foreman); A Ledgard, F Rice, W Holding jr, FW Wilkes, JK Buxton, G Cumming, J Maynard, WB Crang, HW O’Donahoo, W McL Thomson and J Reid.
The evidence of [John Wilfren] Gill was to the effect that he and accused had been working as picker-up and shearer respectively at Winterrisa Station, and after being paid off started to walk down the Darling road, in company with another man, to Wentworth; the latter, however, left them at Menindie and they came on together. When they got to Pooncaira [aka Pooncarie] they had some drinks, and afterwards went to camp. During that night accused committed a similar offence to that with which he was charged, and also punched Gill and blackened his eye, threatening to use a tomahawk on him if he didn’t keep quiet. Gill was afraid of accused and did not go to the police or give any alarm. They came on together down to the Darling Hotel where they stayed 2 days, but broke the journey at Tarcoola station, where Gill tried to get a job to go out back with accused rabbiting; nothing occurred in the meantime but on the night of 28th accused committed the offence with which he was charged, again punching Gill, who, in the morning, early, got up, and failing to awake the hotel people, took a horse, saddle and bridle, the property of the licensee, rode to Pooncaira and gave information to the police, who subsequently arrested accused some distance below the Darling Hotel. Gill said he received ₤4 3s when paid off, some of which he spent in clothes and the rest he lost in gambling; accused had a considerable amount more.
Image: NSW State Library. Reproduction: Peter de Waal
DJ Lambert, the licensee of the Hotel, deposed to having seen Gill and accused at his place; both were sober; they slept in a detached room about 10ft from the hotel proper, and about 25ft from his room; the building was of slabs; he was not disturbed during the night, but heard someone knocking at the front; when he got up he missed one of his horses and Gill was not there; the accused said the boy Gill tried to “go through” him and he gave him a crack and he cleared out. Thinking his horse had been stolen he sent word to the Pooncaria police Gill had a black eye when they came to his place. If anyone had called out in the night he thought he would have heard him.
Senior Constable [Donald] Colmer deposed to arresting accused on information received from Gill, whose eyes were black and discoloured and appeared to have been so for some days. In answer to witness, accused said Gill had tried to rob him and he gave him a crack, which might have caused the black eyes; asked why he left the hotel when Mr Lambert told him to wait until the police came, he said he didn’t want to be a witness againts [sic] anyone, meaning against Gill, for stealing the horse; the messenger about the horse arrived about half an hour after Gill.
Dr Cocks deposed to having examined Gill, on 8th November, about 10 days after the alleged offence, but found no marks whatever, such as he would have expected to find.
Accused [Henry McDonald] elected to make a statement from the dock. He told the jury about travelling down the river with the boy Gill, and when they stayed at the Darling Hotel, the latter in the night tried to rob him of his money which he carried in a handkerchief round his waist. He had simply defended himself, and struck Gill. He absolutely denied having committed the offence charged against him.
Mr Cater addressed the jury on behalf of accused.
The [sic] Honor summed up somewhat briefly, but much in accused’s favor stating emphatically that the young man, Gill’s evidence was most unsatisfactory.
The jury, without retiring, brought in a verdict of not guilty, and accused was discharged.
His Honor directed that no witnesses expenses whatever be paid to Gill for his attendance. He then thanks the jury and discharged them from further attendance.
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Riverina Recorder, Wed 13 Dec 1905 10
WENTWORTH.
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The Wentworth Sessions were held the week before last, His Honor Judge Gibson, presiding. Henry McDonald, a half-caste, was charged with committing an unnatural offence upon John Wilfrin Gill, at the Darling Hotel, on the night of October 28th. Accused pleaded not guilty, and after hearing evidence by Gill and a statement by the prisoner, the latter was acquitted.
1 Barrier Miner, Wed 9 Apr 1902, p. 2. Emphasis added.
2 The Western Grazier, Wed 9 Apr 1902, p. 2. Emphasis added.
3 Western Life, Sat 12 Apr 1902, pp. 6, 7.
4 Latin: Congregatio Sanctissimi Redemptoris – CSsR or CSSR – is a Roman Catholic missionary Congregation founded in 1732 by Saint Alphonsus Liguori at Scala, near Amalfi, Italy for the purpose of labouring among the neglected country people in the neighbourhood of Naples.
5 Barrier Miner, Mon 2 Feb 1903, p. 4. Emphasis added.
6 Barrier Miner, Fri 6 Feb 1903, p. 2. Emphasis added.
7 The Western Grazier, Wed 1 Apr 1903, p. 2. Emphasis added.
8 The Western Grazier, Sat 4 Apr 1903, p. 2. Emphasis added.
9 The Federal Standard and Western District Advocate, Sat 2 Dec 1905, p. 2. Emphasis added.
10 Riverina Recorder, (Balranald, Moulamein, NSW), Wed 13 Dec 1905, p. 2. Emphasis added.