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1873, James White - Unfit For Publication
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The Sydney Morning Herald, Tue 10 Feb 1874 1

LEGISLATIVE' ASSEMBLY.
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NOTICES OF QUESTIONS AND MOTIONS AND
ORDER OF THE DAY.
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Tuesday, February 10.
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QUESTIONS.
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    Mr Buchanan to ask the Minister of Justice and Public Instruction,—

    1. How is the jury list for our Criminal Courts made out, and by whom?

    2. Has the Minister of Justice observed the Irishmen are in a marked degree excluded from it?

    3. Is it true that only two Irishmen appear on the Jury List of forty-eight names summoned for the Quarter Sessions at present sitting at Darlinghurst?

    4. Will the Minister of Justice inquire into this matter, so that no section of the community may be, intentionally or otherwise, excluded from the Jury Lists of our Criminal Courts?

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Australian Town and Country Journal, Sat 14 Feb 1874 2

NEW SOUTH WALES PARLIAMENT.
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LEGISLATIVE' ASSEMBLY.

Tuesday, 10th February.

    Mr Allen said, in answer to Mr Buchanan, that under the provisions of the 11th Vic., No. 20, and 18 Vic., No. 18, the jury list for our criminal courts was, in the first instance, made out by the police; it was afterwards, by the justices in special petty sessions assembled, corrected and allowed, and by their clerk then forwarded to the Sheriff, who, therefrom, transcribes into a juror’s book the names of all persons in the said list, with the addition of the respective residences, degree, calling, or business, and qualification of the said persons in alphabetical order, and in obedience to precepts summonses jurors from the said book, from the first name down to the last, until every such person shall have been summonsed in succession.

    2. He had not observed that Irishmen were, in a marked degree, excluded from the list. Place of birth was not stated in the list or book, nor referred to in the Act, further than to disqualify persons who were not natural born subjects of the Queen.

    3. The Sheriff does not take cognizance of the nationality of jurors placed upon the list.

    4. He (Mr Allen) had inquired into this matter, and he was informed the law had been strictly adhered to.

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Evening News, Sat 14 Feb 1874 3

NEWS OF THE DAY.
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    The following are the cases for trial at the sittings of the Criminal Court, Darlinghurst, to commence on Monday, the 16th February. They will be taken on the days hereinafter named, but not necessarily in the order in which they are entered on these days.

    Monday: Charles Mair, rape; Francis Alderson, murder; Michael Desmond, rape; George Beale, wounding with intent to murder.

    Tuesday: Joseph Underhill, rape; Mina and Swatoa, murder on the high seas; Robert Gardener, manslaughter; Mary Dogherty, attempting suicide.

    Wednesday (two courts): William Pyne, James Evans, James Gordon Fullerton, and James Mace, rape; Michael Noonan. stealing in a dwelling-house; Robert Paton, attempt to commit suicide; John O’Brien, burglary.

    Thursday: John Savage, John Osborne, Francis Hackett, and Thomas Barker, rape ; James White, bestiality; Richard Massey, sodomy; [see: 1874, Richard Massey] Daniel Redden, assault—girl under ten years; Frederick Poole, forgery and uttering; William Muker, obtaining goods by false pretences; John Butter and Harry Harty, assault with intent to rob; John L Mathews, attempting to stab; William Morgan, manslaughter.

    His Honor the Chief Justice (Sir James Martin) will be the sitting judge, and the cases will be conducted for the Crown by the Attorney-General.

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Empire, Mon 16 Feb 1874 4

THE EMPIRE.
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Monday, February 16, 1874.
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    The following are the cases for trial at the sittings of the Criminal Court, Darlinghurst, to commence this day, Monday. They will be taken on the days hereinafter named, but not necessarily in the order in which they are entered on these days.

    Monday: Charles Mair, rape; Francis Alderson, murder; Michael Desmond, rape; George Beale, wounding with intent to murder.

    Tuesday: Joseph Underhill, rape; Mina and Swatoa, murder on the high seas; Robert Gardener, manslaughter; Mary Dogherty, attempting suicide.

    Wednesday (two courts): William Pyne, James Evans, James Gordon Fullerton, and James Mace, rape; Michael Noonan, stealing in a dwelling-house; Robert Paton, attempt to commit suicide; John O’Brien, burglary.

    Thursday: John Savage, John Osborne, Francis Hackett, and Thomas Barker, rape; James White, bestiality; Richard Massey, sodomy; Daniel Redden, assault—girl under ten years; Frederick Poole, forgery and uttering; William Muker, obtaining goods by false pretences; John Butter and Harry Harty, assault with intent to rob; John L Mathews, attempting too stab; William Morgan, manslaughter.

    His Honor the Chief Justice (Sir James Martin) will be the sitting judge, and the cases will be conducted for the Crown by the Attorney-General.

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The Sydney Morning Herald, Tue 17 Feb 1874 5

CENTRAL CRIMINAL COURT.
Monday.

Sir James Martin, NSW Chief Justice, Sep 1916. Image: NSW State Library collection. Reproduction: Peter de Waal
Sir James Martin, NSW Chief Justice, Sep
1916. Image: NSW State Library collection.
Reproduction: Peter de Waal

BEFORE his Honor Sir JAMES MARTIN, Chief Justice.

    The Attorney-General prosecuted for the Crown.

ADMISSION OF BARRISTERS

    THE ATTORNEY-GENERAL proposed the admission to the Bar of New South Wales of Mr Pope Alexander Cooper, BA, a native of the colony. Mr. Cooper had achieved at the Sydney University a most successful career, during which he had won many honours, and at the end of which he had been awarded the “Gilchrist” Travelling Fellowship. He had since completed his terms at the Middle Temple, and had been called to the Bar in England on the 6th of June, 1872. The Attorney-General did not doubt but that Mr Cooper would be a vuluable acquisition to the Bar in New South Wales, and had, therefore, great pleasure in proposing his admission.

    THE CHIEF JUSTICE, in directing Mr Cooper’s admission, expressed the pleasure which he felt on the accession to the Bar of a gentleman who had distinguished himself at the University. He trusted that Mr Cooper would, at the Bar of his native country, fulfil the high promise of his academic career.

    THE ATTORNEY-GENERAL then proposed that Mr James Coutts, BA, be admitted to the Bar. This gentleman, another Australian, had, like Mr Cooper (to whom he was a few months junior), been very successful at our University, where he had been the holder of various scholarships and prizes. Mr Coutts was also a barrister of the Middle Temple, and the academic distinctions he had gained were altogether such as to lead to the expectation that he would meet with due success in his profession.

    THE CHIEF JUSTICE had pleasure in directing the admission of another Australian-born barrister, especially one who, like Mr Cooper, had acquitted himself well in the University. He wished Mr Coutts all success.

    HIS HONOR then gave the necessary order for the enrolment of the names of these two gentlemen as members of the Bar of New South Wales.

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The Sydney Morning Herald, Fri 20 Feb 1874 6

CENTRAL CRIMINAL COURT.
Thursday.

FIRST COURT.

BEFORE his Honor Sir James Martin, Chief Justice.

    The Attorney-General (Mr Innes) prosecuted for the Crown.
 …

————
SECOND COURT.

    Before his Honor Mr Justice Faucett.

    Mr G Milner Stephen prosecuted for the Crown.

UNNATURAL CRIME.

    James White was indicted for having, at Meeki, on the 10th day of December last, committed an unnatural crime.

    The prisoner, who pleaded not guilty, was defended by Mr Windeyer, instructed by Mr TH Hellyer. The case lasted all day. At a quarter to 4 o’clock the jury retired to deliberate, and on their reappearance in Court returned a verdict of not guilty.

    The prisoner was discharged.

    The Court adjourned at five minutes to 4 pm until the following day at 10 am.

 


1     The Sydney Morning Herald, (NSW), Tue 10 Feb 1874, p. 3. Emphasis added.

2     Australian Town and Country Journal, (Syd, NSW), Sat 14 Feb 1874, p. 246.

3     Evening News, (Syd, NSW), Sat 14 Feb 1874, p. 2. Emphasis added.

4     Empire, (Syd, NSW), Mon 16 Feb 1874, p. 2. Emphasis added.

5     The Sydney Morning Herald, (NSW), Tue 17 Feb 1874, p. 2.

6     The Sydney Morning Herald, (NSW), Fri 20 Feb 1874, p. 2. Emphasis added.