The Sydney Morning Herald (NSW : 1842 - 1954)(about) |
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Friday 11 April 1873
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4 corrections, most recently by Diane.Anderson - Show corrections
LA-VV.
COURT OF QUARTER SESSIONS.
1 Thursdat.
Befobe Mr. District Court Judge Dowling.
Mr. W. J. Foster, Crown Prosecutor.
JUllY lUSCHAnOED. '( ,
In tho caso'of tho Queon versus Alfred Jarvis, tho jury locked up all night wore brought into Court at 9 o'clock a.m. Tho Judgo asked thom if thoy wera agreed, and the foreman answeiod that thoy wore not, and iwero not lik ly to be, being six for conviction and six far acquittal.
The'jury wero thereupon discharged. . ,
1 At ii subsequent hour of tho day (noon) tho prisoner was brought before tho ^ourt, when tho Crown Prosecutor in-
timated that it was not tho present intention of tho Crown " again to placo Jarvis on his trial. , ,"' , ,'
Tho prisoner was therefore discharged on his own recog- nizances to appear and tako his trial whonevor called upon.
' ASSAULT AND UOIlllERY. ,
'William Swan, an artilleryman, surrendered bail to ap- pear and answer tho chargo of having, at Sydney,, on tho aid of March last,',assaulted und, robbed a man named Georgo Lewis, of an umbrella. , , i
Tho prisoner, who pleaded not guilty, was defended by
Mr. Riohnrd Driver.', > ,
It appeared from tho ovidonco for tho Crown that con- stable M'Intosh, early on tho morning of tho 3rd of March (whilst in company with a constablo named Mackay), mot tho prisonor in Georgo-street, canying on umbrella. On M'Intosh asking him whoro ho got that umbrella, Swan inn away. M'Intosh gave chase to tho military fugitive, who was in uniform, and overtook him. Swan resisted
Mackay violently-so much so that hn hn/1 tn lm mummil
I with, handcuffs. " Prisonor was drunk at this timo. Ho
was taken to tho Central Policô" Station, and thoro given in chargo for robbery. Prisoner said that ho had picked up the umbrella. CiosB-oxamined by Mr. Drivor, witness said that Lewis had first assaulted him, that ho bud had a scufllo with him, and that Lewis must then havo dropped tho umbrella which ho (Swan) inadvertently pickod up. Constable Mackay's ovidenco was pretty nearly to tho samo 'effect as that of constable M'lntosli. In answer to a ques- tion from tho Judge, it açpoared,that it was about a quarter to 3 o'clock in the morning whon tho prisonor was appre- hended. Georgo Lewis proved that, on tho morning of tho 3idof March last, when ho was passing a lano leading oil' Pitt-streot; prisoner suddenly ran out and struck bim across on'o of his oyes, and then robbed him of his umbrella. Cross-oxamined by Mr. Drivor, this witnoss sworo that ho did not'say anything offensivoito prisonor before prisoner struck him. Inanswor to, some questions (put to him hy . Judgo Dowling) it was proved by this witness that ho
(piofcooutor) had mot Swan when lie was out on bail sinco his committal,_ and had proffered to " give him a drink."
This terminated tho case for the Crown.
For tho defence, Lioutenaht Lindolnian gave tho prisonor n good Hinno for general steadiness and honourablo conduct. Mr. John1 Mallen remembered prisoner's ' scufllo inPitt Btreot with somo man,; but could not say, who it was with. Could not Bay vvhother tho prosecutor was that man now mentioned. , , , , , , , Mr. Driver contended thatj tho prisonor was clearly op titled to nn acquittal, becauso the vvhoio criminatory évi- dence rested upon,, thq unsupported statomont. Or' tho piosocutor. i ,1 , ,_?; ' ' , Î i"i v
Verdict: Not guilty. i " ii';
The prisoner was discharged. ," " .
FELONIOUSLY VTOUNDIKO." '
Ellen Enright was charged with having at Sydnoy, on' the loth of March last, feloniously wounded i ono John
Enright. ,
The prisoner pleaded not guilty, 'and was undofended. For this caso tho ovidenco for tho Crown was that of the apprehending constable, John Enright (tho porson wounded), and Dr. Egan. It appeared from .tho ovidenco of John Enright, that when ho carno homo one Sunday about tho middlo of March, his wifo (tho prisoner) rushed at him, and wounded him with a knifo. Dr. Egan gavo evidonco as to tho nature and extent of tho injury so inflicted.
Verdict : Guilty of unlawfully wounding, and recom-
mended to mercy.
The prisoner was remanded for-sontenoo.
UNLAIVrULLY "WOUNDING.
William Sullivan was charged with having, at Sydney, on tlio 12lh of March unlawfully and maliciously wounded ono John Malono. ,
Tho circumstances of this caso wero 'procisoly similar to
those which wero recently disclosed against tho prisonor, in I . the charge of having unlawfully wounded. Anhio Malone.
-' , . .1.-1/."« Í " " ' .
,|.l' . ... li li I - .
i Tboro-wors two counts In this information; tho soconi
count ivus for unlawfully wounding.
.*! Verdict : GuU ty,'on: the'second count, .< ," . '<-'
Sentcnco : To'bo imprisoned in Darlinghurst gaol for six months with hard labour. j , . .. i
KKBriNO A MlOTUBIi. / .
A Chinaman from Canton, calling himsolf " Charlos Tuckland," was charged with keeping a brothel.
The case was proved for tho Crown by a Pagan China- man from Canton, named Lau nawk, who doposod that tho houso was a brothol, and that he had married his wife Ellon Jones (a young woman aged 19 years, and a nativo of Sydnoy) out of his, prisoner's dis- orderly houso. Lau Hawk's marriage was cele- brated by the Ror. Dr. Fullerton, on the 23rd of January last. Tho marriago certificate was produced in Court. The witness, Lau Hawk was sworn, at his own request, by blowing out a match, " not boing a Christian." Law Hawk swore that Tuckland's houso was a Chinese
houio of ill-fame, mostly frequented hy Chinamen, hut that degraded white men sometimes went there. Constublo Michael H. Fox also gavo ovidenco as to tho oxtreinoly disreputublo character ot tho, house. A night-watchman, nnintd Brennan, likowiso gavo similar ovidenco. This man had been complained to about Tuckland's houso by tho people in tho neighbourhood. Tho witness had seen Clnneso men and white women-mostly vory young-in couples in every room' in tho houso-all smoking opium. Tho women wero white women, and ono of them wub tho woman Ellen Jones or Ellen Hawk. Tho white prostitutes and the Chinamon used to make a practico of smoking opium
toccthor. Brennan hud seen tho mon smoking opium
theio, and passing on thoir opium pipos to tho yung women in whose company thoy wcie Joo Hong, a China- man, g,av o tho liko evidence For tho dofonce, Mrs Hawk (wilo of Lau Hawk), gavo tho pnsonor's houso a good chm act cr She said sho *v as drunk with spirits (not opium)
when she was married to 1 au Hawk Sho went with Lau Hawk to Dr Fullorton's, to bo married to Lau Hawk on nn evening at twenty minutes to 10 o'clock Sho sworo that sho was not then married to Lau Hawk, because thoy wero fold " ltrwas then too luto, " but sho did got ma.nod to him nt tho samo place on the following morning, and vins drunk at tho timo Lau Hawk Bvvoro that thoy woro married at night Mis Lau Hawk's bridesmaid was a girl called Eiimia Jones , ,iOno who passed us kei sister, and vi ho vi as living with EJlon Jones nii'uck lundjs, but was not related to her His Honor, in tho
course oí his reniai k», said that tho Circumstances of this case wtro most extraordinary, and would, ho trusted, bo îeportcd by tho Press
Iho'piisonor s dofonco was that his houso was a " wolly
I good house, and not bad at all." Ho sold opium for . pcoplcno come and smoko it! and tho young women waited
on his customers.' 1
Tho jury, without retiring, roturned n verdict of guilty.
Sein tonco : ¿£o bo, imprisoned t in Darlinghurst gaol and there kopt lo hardlabourfor six calendar months.
Th o' opium merchant, fluently oppressed His astonishment attlio result bf tho trial rin Chinese, and >was promptly lemoved'from, tho Court in tho'midst of his disagrcoablo sujpnbc. , )" , j ,
GRIEVOUS BODILY HARM.
Eli Dawes was charged with having, at Marrickville, on the 16th of February last, inflicted grievous bodily harm on his wife Mary Dawes.
This was another case arising out of drunkenness and bad temper. The husband (a decent-looking working man) came home drunk, and the wife, exasperated at his con- dition, abused him so violently that he also became in- furiated, and knocked his wife down in a very brutal and cowardly manner, and is even thought to have kicked her. Dr. Lawrence proved the nature of the injuries sustained by Mrs. Dawes, which were at one time of a serious nature. She was under his constant care for five days. The appre- hending constable was Michael Duffey.
The jury brought up a verdict of guilty of assault only.
The Judge admonished both parties, and sentenced the prisoner to three months' imprisonment in Darlinghurst gaol, with hard labour; at the end of that term to enter into recognizances to keep the peace for the twelve months then next ensuing.
The Court adjourned till Tuesday next at 10 o'clock a.m.