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GOULBURN ASSIZES.
WEDNESDAY—OCTOBER 7.
HIS Honor Mr, Justice Hargrave took his seat upon
the bench at seven o'clock.
RAPE AT SUTTON FOREST.
Michael Clancy surrendered to his bail. He was
charge with having, on the 1st April last, at Sutton
Forest, feloniously assaulted and committed a rape
on Ann Norman.
Prisoner was defended by Mr. Davis, instructed
by Mr. Gannon. Two jurymen were challenged.
The Solicitor-General opened the case.
Garrett Fitzgerald deposed : I am a constable in
the police force ; I arrested prisoner on the night of
April 1st ; I charged him with having assaulted Ann
Norman ; he said it was more than the woman was
worth.
To Mr. Davis : Did not know Ann Norman before
that time ; have heard she bore a bad character.
Ann Norman deposed : I am the wife of George
Norman, blacksmith ; I was coming along the road
when I met two men with drays ; I asked one, not
prisoner, to give me a lift ; I then got a ride from
the drayman ; I was cold, and I walked awhile ; I
followed the dray prisoner was driving, as I was
afraid I would go astray ; prisoner asked me to get
up on his dray ; I did not ; near Sutton Forest
prisoner, who was ahead of the other dray, then
came to the off side of the dray which he had
stopped and which I was trying to pass ; he seized me
by the arms ; I begged of him not to assault an old
woman like me, the mother of several children ; he
then threw me on the ground (witness here detailed
the committal of the offence) ; I travelled on to Mr.
Badgery's and told young Mr. Badgery and the
constable what had occurred.
To Mr. Davis : I first met prisoner and Winton
(the other drayman) on the Mossvale road ; I was
waiting at the public-house for a lift to the Barren
Ground ; I had one glass of rum ; it was about
three o'clock when I got on Winton's dray, and
about sundown when I got off to walk ; I saw Mas-
ter Badgery and another gentleman on the road as we
passed along ; prisoner asked me twice to get up on
his dray ; when prisoner caught hold of me I kicked
and struggled ; I am forty-eight years of age ; my
husband and I are on good terms. (Had you a fall-
ing-out with your husband ? This question was ob-
jected to by the Solicitor-General, and his Honor
ruled it could not be put.) The two draymen were
travelling along the road together ; sometimes pri-
soner's dray was a hundred yards ahead of Winton's,
and sometimes out of sight ; my back was much
bruised ; I was rendered insensible ; I showed the
state I was in to Mr. Badgery's servant.
Henry Septimus Badgery deposed : I reside at
Sutton Forest ; I remember Ann Norman coming
to my place on the night of 1st April ; I saw her on
the road in company with prisoner and another
man ; about half an hour afterwards she came to
my house ; from what she told me I went to the
police station at Sutton Forest and came back with
Constable Fitzgerald ; the woman appeared sober ;
she told the constable something ; I went along the
road with the constable ; we met prisoner ; the
constable took him into custody ; she appeared a
little excited ; Elizabeth Callaghan was the servant
who gave evidence at the police court, Berrlma.
To Mr. Davis : It was about sundown when
prosecutrix came to our place ; she did not appear
exhausted, but a little excited.
Ann Norman re-called : I heard Mr. Badgery's
servant give evidence at Berrima ; don't know her
by name ; I slept with her.
This was the case for the crown.
For the defence, Mr. Davis called
Mr. Badgery : Elizabeth Callaghan is not now in
my service ; she went to Sydney to get married, she
said.
John Thomas Gannon deposed : I am the attorney
conducting prisoner's defence ; I produce a subpoena
that I gave prisoner to serve upon Bridget Calla-
ghan ; I received it back through post with accom-
panying letter.
Henry William Williamson deposed : I am a
duly qualified medical practitioner ; I was called by
Constable Fitzgerald to examine Ann Norman on
the 2nd April ; she complained she was bruised ; I
could find no bruises or marks of violence upon her
whatever ; I live at Berrima ; I gave evidence before
on this case ; I was called by the sergeant of police ;
I was not summoned here by prisoner.
Constable Fitzgerald : I gave a subpœna for
Bridget Callaghan to the police sergeant.
Mr. Davis addressed the jury, pointing out the in-
consistencies of the evidence, dwelling particularly
on the facts of the prosecution not bringing forward
the corroborative evidence of the woman Callaghan
who was absent, and the skilled evidence of Dr.
Williamson who had been called by prisoner.
A juryman with the judge's leave here asked Ann
Norman if during the time she was struggling with
prisoner she saw him unloose his belt or attempt to
unclothe himself ? She replied she did not.
The Solicitor-General replied, his Honor went
over the evidence, and the jury retired at 1.40 p.m.,
and returned into court at half-past two with a
verdict of not guilty. Michael Clancy was then dis-
charged.
ASSAULT AT COLLECTOR.
In re Michael Davoren, Patrick Davoren, William
Davoren, and John Brogan (on bail) for assault, the
Solicitor-General said it was not the intention of
the crown to proceed with this case these assizes, in
consequence of a material witness (the person as-
saulted) being in Queensland ; he would, therefore,
ask that defendants be bound over in their own
recognizances to appear at the next Goulburn
assizes.
Michael and Patrick Davoren were then bound
over in £100 each, and William Davoren in £80, to
appear at the next assizes, if they receive notice.
John Brogan was absent.
Robert Cowley Cooper, Wiliam Dunn, Thomas
Hadlow, Alexander Grant, Michael Donohoe, Miles
M. Carter, and c. A. Massy were bound over in £40
each, to appear at the next assizes as witnesses in the
case against Michael Davoren.
RAPE AT MUMMELL
Bernard Donnelly surrendered to his bail. He
was charged with having, on the 4th December,
1867, at Mummell, feloniously committed a rape on
the person of Eliza Mc Fadden.
Mr. Davis and Mr. Rogers, instructed by Mr.
Gannon, defended the prisoner.
Seven jurors were challenged by prisoner, and two
by the crown. The jury being incomplete, only ten
having been sworn, counsel for prisoner argued that
the crown should show cause, if the panel was
exhausted, why the two challenged jurors should
stand aside. His Honor said the panel was not
exhausted. At this moment the jury deliberating on
the case of Michael Clancy entered with their
verdict, and two additional jurors were then ob-
tained.
George Wiles, in the mounted police, deposed he
arrested prisoner ; told him the charge ; prisoner
said it was made through spite, and that he would
rather be shot, have his throat cut, or be hung than
have been guilty of such a charge.
Eliza Mc Fadden deposed: I kissed the book be-
cause I am to tell the truth ; have been to school ;
prisoner is married to my mother ; I am turned
sixteen years of age ; I live at Mummell in prisoner's
house ; on the 4th December prisoner sent
my brother for a scythe, and my sister
for the cows ; I was outside the door
doing needlework ; prisoner and my mother were
inside ; I heard him asking my mother three times
to go and tell me to come in ; she said she would
not ; he came and asked me to come inside ; he took
the work out of my hands, caught hold of me,
and carried me inside into a bedroom ; I cried and
screamed all I could ; my mother was in the next
room. [The capital offence was here sworn to by
witness.] I did not consent ; I swear that posi-
tively ; I was there about a quarter of an hour ;
about an hour afterwards I told my sister what had
happened ; on the 8th December I was at service,
and prisoner having told me to come home before
that about once a month, I went home ; I was
outside ; my mother came outside and told me
" Barney wants you ; " she said, " come on inside ; "
I refused ; she told me what prisoner wanted of me ;
she took me by the hand and said, " do come in ; "
prisoner said he'd make me come in ; he struck me
with a switch ; he carried me into the bedroom.
[The capital offence was sworn to as having been
committed on this occasion also.] I made a state-
ment to Mrs. Johnson ; prisoner said, " don't tell
what has happened ; " he made me swear on a book
to say nothing about it ; my mother was there on
both occasions, and she did not interfere.
To Mr. Davis : On the Wednesday (4th Dec.)
my mother went outside, and prisoner told me to
boil some meat ; my mother was out about two
minutes ; I got the pot ready to boil the meat ; my
sister was away ; prisoner took me into the room
and did what I said ; I cried ; did not see my
mother till afterwards ; we had dinner that day
about twelve or one o'clock ; I never said at any time
that my mother came into the bedroom while prisoner
and I were there ; on Sunday, the 8th December,
I and my sister were milking in the yard ; went
into the kitchen and strained the milk ; prisoner
sent my sister away ; I stopped in the kitchen ;
he told me to put down the meat ; he said, " come
here—never mind the meat ; " then said what he
wanted ; I said I would not ; he said he'd d——
soon make me ; I did not go out ; he laid hold of
me and took me into the bedroom ; when I came out
my mother was down near the stockyard ; I and my
sister walked to Mrs. Johnson's on that day, and
afterwards we came into Goulburn ; my sister is
about twelve years old ; Mc Aleer lives half-a-mile
from our place ; Mr. Wm. Chisholm, the magistrate,
about a mile ; Hayes lives near also.
To Mr. Isaacs : Prisoner committed the offence
six times altogether, about a month between each
time ; I went to Mr. Strong's school at Kippilaw ;
I have been about six years to school altogether.
Dr. Waugh gave evidence tending to negative the
commission of the offence ; prosecutrix told him
about the affair in the most flippant manner.
The Solicitor-General said he did not intend to
proceed further with the case.
The Jury, by his Honor's direction, returned
verdict of not guilty, and prisoner was discharged.
The court adjourned till ten o'clock next morning.
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