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1878, Robert Henriques - Unfit For Publication
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Depositions for Robert Henriques 23 Oct 1878 Deniliquin trial 1

(M., 11 & 12 Vic., Cap. 42.)

New South Wales, Moulamein
TO WIT.                                  }

    Robert Henriques stands committed to take his Trial at the Circuit Court to be holden at Deniliquin on Tuesday the 22nd of October Instant.

The examination of Mark Beresford of Moulamein in the Colony of New South Wales, Constable Ann Frith of Moulamein in the said Colony, Widow and Joseph Thomas Frith of Moulamein, in the said Colony, Boy taken on oath, this 8th day of October in the year of Our Lord one thousand eight hundred and seventy eight at Moulamein in the Colony aforesaid, before the undersigned, one of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of Robert Henriques who is charged this day before me, for that he, the said Robert Henriques,   on the 23rd day of September last at Moulamein in the said Colony, in and upon one Joseph Thomas Frith,   a boy under 14 years of age in the (fear ?) of God and Our Lady the Queen then being, did make an assault and (?) The said Joseph Thomas Frith did then ill treat with intent that detestable and abominable crime (not to be named among Christians) called Buggery  with the said Joseph Thomas Frith feloniously, wickedly diabolically and against the order of Nature to commit and perpetrate to the great displeasure of Almighty God to the great damage of the said Joseph Thomas Frith against the form of the Statute in such case made and provided and against the Peace of Our Lady the Queen her Crown and Dignity.

[Signed] R[ichard] B[lunt] Mitchell,  PM.

2

    My name is Mark Beresford. I am a Constable of Police stationed at Moulamein. I arrested the prisoner by name Robert Henriques, Public Schoolmaster at Moulamein upon Thursday the 23rd day of September last upon information that I received by letter from Mr [John] McVean Lessee of Mooloomoon Station [Land Districts of Hay, Deniliquin, and Balranald South; County of Wakool] that the Teacher had misbehaved himself towards a boy, the mother of the boy being in Mr McVean’s employ. I went to the station and I saw Mrs Frith the mother of the boy. She told me that her boy had come home that day crying from school, and had told her that the schoolmaster had behaved rude to him. That he had given him wine to drink, had taken his trousers off, had laid him on the bed and that when she examined him she was the narks of a man’s finger plainly upon the front portion 

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of the thighs of her child. The boy was absent when the mother told me this. I then went and saw the boy. He told me that the Schoolmaster had been very rude to him – had put him on the bed with his face down, that the Schoolmaster had taken his trousers down – had exposed his person; what the boy termed “his little thing” and had told the boy to put it in there. I then immediately went to the School house – it was about 10 o’clock at night. I found the Schoolmaster in bed with a portion of his clothes on. The Schoolmaster was at the time under the influence of liquor. I charged the Schoolmaster with having attempted to commit Sodomy upon young Tomass [sic] and I arrested him. The Schoolmaster was in a comatose state from drunkenness. He did not seem to be indignant at the charge. He said that he

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did not think he had done it and made the remark that if a Doctor examined the boy it would clear him. The Schoolmaster made all these remarks entirely voluntary of his own accord. I took him to the Lockup and he did not seem to be in any way ashamed of the charge or of the position that he stood in. The boy told me that the Schoolmaster had given him wine to drink before he exposed his person and he the boy had drunk the wine. On the following day after the arrest of the Schoolmaster the Schoolmaster told me that he certainly had done wrong with what he had said to the boy and that a case might be made of it. The boy appears to be an intelligent lad under 9 years of age.

    The Schoolmaster declines to ask the witness any questions.

[Signed] Mark Beresford, Const of Police.

Taken and sworn before me at Moulamein in the said Colony, this 9th day of October AD 1878.
[Signed] RB Mitchell, PM.

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And this deponent upon his oath states:–

    My name is Ann Frith. I am a widow living in Mr McVean’s employ at Moulamein. I have two children a boy and a girl. The age [sic] of my son is Joseph Thomas Frith. He is 9 years of age. He has been going to the public school kept by the prisoner for the last 9 or ten months. On the 23rd of last month when my son came from school I asked him what made him run home (the School House is within half a mile of where I live) and the boy told me that the Schoolmaster had given him wine to drink. My son was not tipsy but he seemed to be very flushed and I smelt wine upon his breath. He further told me that the Schoolmaster had put him upon a bed and had exposed his person and that the Schoolmaster exposed his. He then took my son off the bed and put him upon the floor. That the Schoolmaster 

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had in other words attempted connexion with my son, and then went for more wine. My son further told me that whilst the Schoolmaster was absent for the wine he got up and run away home. When my son came home he came home without his trousers. A pet retriever dog was with him and he carried the trousers in his mouth. Upon examining the trousers the seam down the back was torn. My son told me that the Schoolmaster had torn them and that he would stitch them up. My son is an intelligent lad, belongs to the Church of England and understands the nature of an oath. Upon examining the boy I found that his thighs were discoloured – the impression of a man’s hand was upon them. The discolouration was on the back part of my son’s thighs and not upon the front part. My son is not in the habit of telling falsehoods. I feel positive that he would not have complained of the School-

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master if the Schoolmaster had not behaved as the child said that he had. As soon as my employer Mr McVean came home I immediately reported to him what my son had told me and Mr McVean then sent for the Police. The boy cam home about one o’clock as he said that there had been no school that day.

[Signed] Mrs Anne Frith.

Taken and sworn before me at Moulamein in the said Colony, this 8th day of October AD 1878.
[Signed] RB Mitchell, PM.

And this deponent upon his oath states:–

    My name is Joseph Thomas Frith. I am 9 years of age. I say my prayers and I know if I speak the truth I’ll go to heaven and if I do not I will go to Hell. I have been going to school with the Schoolmaster since last Christmas. About a fortnight ago when I went to School the Schoolmaster gave me some wine and Johnny Morris

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another little boy and he told both of us then to go into his room and look at some pictures. We saw a parrot on the wall and a lady with some gold in her hand. We saw some more pictures. These pictures were hanging on the wall of the parlour. The Schoolmaster showed us no more pictures. Johnny Morris then went away. The Schoolmaster then gave me some more wine and called me into his bedroom.  I went into his room and he tried to take off my clothes. He took off his own clothes and wanted me to go to bed with him. I ran into the kitchen and the Schoolmaster followed me. He took me by the leg and dragged me into the bedroom a second time from the kitchen and put me on the bed with my face downwards and put his person between my behind. He tore my clothes. He first unbuttoned them and as they did not come off quick enough he tore them behind. He was for five minutes trying

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to put his person in my behind. He then dragged me up with his hand in my behind and hurt me and made my bottom bleed. The Schoolmaster got up to get some more wine and whilst he was drinking the wine I ran away. The Schoolmaster tore the seat of my trousers and I went home without them – a dog carried my trousers home. I had never tasted wine before. I drank about a tumbler full and felt very funny in my head.

    The Schoolmaster declines to ask the lad any questions.

[Signed] Joseph Thoams [sic] Frith.

Taken and sworn before me at Moulamein in the said Colony, this 8th day of October AD 1878.
[Signed] RB Mitchell, PM.

~ ~ ~ ~ ~

(N., 11 & 12 Vic., Cap. 42.)

Statement of the Accused.

New South Wales, Moulamein
TO WIT.                                   }

Robert Henriques stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 8th day of October in the year of Our Lord one thousand eight hundred and sixty seventy eight for that he the said Robert Henriques on the 23rd day of September last at Moulamein in the Colony, in and upon one Joseph Thomas Frith a boy under 14 years of age did make an assault with intent that detestable and abominable crime called buggery with the said Joseph Thomas Frith feloniously wickedly and diabolically to perpetrate and the examinations of all the witnesses on the part of the prosecution having been completed, and the Depositions taken against the accused having been read or caused to be read to him by the said Justice of the Peace by or before whom such examination has been so completed, and the said Justice of the Peace having also stated to the accused and given him clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall say may be given in evidence against him upon his trial, notwithstanding such promise or threat; and the said charge being read to the said Robert Henriques and the witnesses for the prosecution Mark Beresford, Anne Frith and Joseph Thomas Frith being severally examined in his presence, the said Robert Henriques is now addressed by me as follows:– “Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in writing and may be given in evidence against you upon your trial;” Whereupon the said Robert Henriques saith as follows:– “I reserve my defence.”

[Signed] Robert Henriques. Declared before me at Moulamein this 8th day of October AD 1878.
[Signed] RB Mitchell, PM.

~ ~ ~ ~ ~

(O. 1, 11 & 12 Vic., Cap. 42.)

Recognizance to give Evidence

Moulamein courthouse
Moulamein courthouse

New South Wales, Moulamein
TO WIT.                                   }

Be it remembered, that on the 8th day of October in the year of Our Lord one thousand eight hundred and sixty seventy eight Mark Beresford a Constable of the Police Force, Ann Frith of Moulamein in the Colony of New South Wales, Widow, Joseph Thomas Frith of Moulamein in the said Colony, boy, personally came before the undersigned, one of Her Majesty’s Justices of the Peace for the Colony of New South Wales, and Acknowledge themselves to owe Our Sovereign Lady the Queen the sum of

FORTY POUNDS EACH,

of good and lawful money of Great Britain, to be made and levied on their goods and chattels, lands and tenements, to the use of our said Lady the Queen, her Heirs and Successors, if they the said before mentioned persons shall fail in the conditions endorsed. Taken and acknowledged, the day and year first abovementioned, at Moulamein in the said Colony, before me.

[Signed] RB Mitchell, PM.

The condition of the within written Recognizance is such, that whereas Robert Henriques late of Moulamein in the said Colony, Schoolmaster, was this day charged before RB Mitchell Esquire one of Her Majesty’s Justices of the Peace for the said Colony, with feloniously, wickedly diabolically attempting to commit the detestable and abominable crime of buggery upon the person of one Joseph Thomas Frith a boy under 14 years of age. If therefore, they the before mentioned persons shall appear at the next Circuit Court of Sessions to be holden at Deniliquin, in and for the Colony of New South Wales, on the 22nd day of October Instant at 9 of the clock in the forenoon, and then and there give such evidence as they know, upon an information to be then and there preferred against the said Robert Henriques for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Robert Henriques then the said Recognizance to be void, or else to stand in full force and virtue.

[Signed] RB Mitchell, PM.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

11
19 October 1878
Deniliquin
Depositions
Regina
v.  No 11
Robert Henriques
Attempt to commit sodomy
8 October 1878
Moulamein

~ ~ ~ ~ ~

(Received ?) at Deniliquin 18 Oct 78
[Initialled] SW

Assault with intent to commit sodomy

[Initialled] SW

~ ~ ~ ~ ~

Justice WM Manning’s Notebook 2

170

Deniliquin Oct 23 1878.

Continued from vol. Containing Albury & Deniliquin cases.

The Queen  
v. Assault with intent to
Robert Henriques commit felony sodomy

 

    Mark Beresford. Constable in Moulamein. Defendant prisoner was the schoolmaster at the Public School – & lived there. No wife or family with him.

    I went on information to the school on 23rd September about 10 pm Prisoner in bed – trousers on & shirt, under clothes.

171

I knocked at the door. No answer. I got in at window. Prisoner asleep. I charged him with attempt to commit sodomy upon young Frith. He said he did not think he had done it & if the doctor were there to examine the boy it would clear him. He appeared stupefied by drink. He dressed himself, & I took him to lock up. I had to help him to find his clothes & put on boots. The day after he said he was certainly wrong in what he had said to the boy & a case might be made of it.

172

    Anne Frith. Widow – Moulamein. Have a daughter & son (junior ?) 9 years old last September, Joseph Thomas. He went to the Public School of which the defendant is the Master – about ½ mile from my home.

    23rd September he went to school as usual at 9 am. He came home at one – usually did so at a few minutes past 12. This day it was about 1 – an hour late.

    I saw him when he got into yard. Ran in – with his hat & trousers in his hand off – & a dog carrying his trousers. He came in – & I spoke with him.

    I examined him – no doctor saw him. I saw prints of a man’s fingers on both thighs – nothing else.

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The trousers were torn all down the body in the back seam.

    He made a complaint & I gave information to police. The boy was very excited and flushed as if he had had wine. Was not crying.

    Mr Coutts. Saw marks of fingers. That was after the boy had said something. The marks were at the back of the thighs. I could distinguish the marks as finger marks independently of what the boy said. Found no blood any where.

    The boy understands the nature of an oath, I know by questioning him & by way he has been trained.

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    Joseph Thomas Frith called.

He has been accustomed to go to Sunday School from 3 years old up to the time we came to Moulamein nearly 12 months ago. Then no Sunday School – (are ?) there also since May last & he has attended and Mr John McVean JP – whose housekeeper I am has taught him and I have taught him myself. I feel confident he understands the nature of an oath, & (?) future rewards & punishments.

    Joseph Thomas Frith. A smart looking little boy examined by me. Seemed sufficient sworn. I went to the Public School. Prisoner was the Master. Used to go home to dinner. Don’t

175

know at what hour. Johnny Morris is littler than I. One day Mr Henriques got some wine in the school room – only Johnny M and I there. Mr H gave us some wine. I drank some & Johnny too. Can’t say how much. After this he took me into his bed room – left Johnny in the school room.

    The wine was given first in the kitchen to us both. He said he had some nice wine & then we had some more in the parlor. Mr H told us to come into parlor & look at some pictures. Then he took me into his bed room – Johnny Morris went away when I was in the bed room. H took me into his bed. He lifted me to it.

176

    I got away & went into the kitchen again. After that he dragged me into his bed room by my legs – kitchen near bed room. He told me to undress myself & I would not. Then he undressed me & tore my trousers all down my back. He told me to lie down & made me lie down. He threw me on the bed. He tried to make me go to sleep, told me to stay with him & go to sleep. I would not go to sleep. He then laid. I got off the bed & crawled under the bed. He hauled me out, & got me down on the floor. My trousers then off me altogether down on the floor. He put his person between my behind – Did not hurt me. (The boy cries)

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He kept playing with my person & his own. He asked me to take more wine & I would not. He pulled me on to his bed again. Again asked me to take more wine. Did nothing more. He locked the door. I got away. On bed I was lying on my back, sometimes on my side. He caught hold of me by my behind. Shows where – near fundament. When I was on my side he was lying by my side.

    He went to get more wine & I locked unlocked the door & ran away. He rubbed his hands between my behind every time. He made me bleed behind with his nails when lifting me up

178

on the bed. When on the bed he kept trying to put his person between my behind. When I got out my dog was there & I gave him the trousers to carry & he did – dog used to wait. I left my hat in the school house.

    Mr Coutts [examines Joseph Thomas Frith] I used to go to school at 9 – did that morning. School at ½ a mile off. ½ past 9 there were no other boys at school but Johnny Morris & I that day. When I came to school he sent me to buy lollies & water (cups ?). He did not tell me there would be no school that day. I went to buy the lollies. I went back to get hot water to make his tea. It was about 10 o’clock what happened to me was done.

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We had no school that day. Johnny is just about 5 years old. He was gone away before I got out.

    His Aunty came to school with a trap to get him. She saw me – that was a little while after I came. His Aunty came & told him to come home – that there was no school. This was after we had been in the kitchen & had wine. I carried my coat. Dog my trousers. Prisoner had taken it off. I don’t know why I did not give the dog the coat to carry. Met no one on the way home. No people live on the way home.

    I had gone right down the township to get the lollies. I don’t recollect telling Mr Mitchell I had never tasted wine before.

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I had tasted wine before – once I think – only once before.

    I did not bleed very much. Stuck his nails into my thighs. I showed my mother. I don’t know whether I looked at the shirt. It hurt me a good deal when he stuck his nails into me. I did not sing out when I was hurt. I don’t know why. He tried twice to do that to me behind twice. I think I told Mr Mitchell (the JP) twice. I don’t know whether I said at Police Court I lay on back & side. I said I lay on my face. I did lay on my face – of my own will.

    I went for lollies at one time and for water another time. He dragged me by my ancle [sic] from kitchen to bed room.

181

  I had not my hat on when I went into bed room. I don’t know whether it was in kitchen or bed room. It hurt me to drag me. The ankle had been sprained before then – by falling off horse not long before. I called out a little, but I did not sing out. I was not on my head as I was dragged.

    Cross-examined by (the prisoner ?). When John Morris’s Aunt came for him, was before I had gone into the bed room. 

    Cross-examined by me. I lay on my face on my own will – nobody told me or made me. I lay sometimes on back & side & face. Don’t know what

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made me do so.

    No Doctor saw me.

Case for Case closed

  Coutts. Improbable offence.

    Easily charged, & difficult to meet. Should be very careful about believing story of young boy – They ought to have called Johnny Morris.

Guilty. 
2 years hard labour Deniliquin Gaol (?) Sydney G Darlinghurst Gaol. 

~ ~ ~ ~ ~

Deniliquin Chronicle and Riverine Gazette, Thu 24 Oct 1878 3

DENILIQUIN CIRCUIT COURT
Before His Honor Sir William Manning

WEDNESDAY, OCTOBER 23.


    Robert Henrique, a schoolmaster at Balranald, was indicted for an attempt at an offence, which the indictment said “must not be named among Christians.” Mr Coutts defended, and the principal witness was a boy child, aged 9 years, one of his two pupils on the day concerned. The evidence cannot be published; and after Mr Coutts had addressed the jury, they found prisoner guilty, and he was sentenced to two years imprisonment in Darlinghurst Gaol.

    With this the Assizes concluded.

~ ~ ~ ~ ~

Australian Town and Country Journal, Sat 26 Oct 1878 4

COLONIAL & INTERCOLONIAL MESSAGES.
————
NEW SOUTH WALES.


    DENILIQUIN.—The following additional cases have been disposed of at the assizes:—Charles Woodbridge was found not guilty of stealing cattle near Hay, and acquitted. James Little, William Jordan, and James Kilmartin, were charged with stealing a cheque, of the value of £23, from Hillson’s store at Hay. Little was found guilty, and having served over twenty-six years in prison in the adjacent colonies, received a sentence of five years as a warning for this charge. The other prisoners were acquitted. John O’Reilly, larceny at Balranald, six months’ imprisonment. John Hill and George Wilson, larceny of goods at Hay, three years on the roads. Timothy O’Sullivan, stealing at Balranald, two years’ imprisonment. John Heyden, attempt to murder at Jerilderie, one year’s imprisonment. Robert Henrique [sic], a schoolmaster at Balranald, received two years for an unnatural offence. There was only one civil case, being that of Mr Macfarland, a squatter, against two free selectors (Messrs Ewalla and Challoner), both residing near Hay, for trespassing. The damages were laid at £1000. A mutual consent was made to a verdict of £30, the plaintiff to obtain the defendants’ deposit of £100 in the hands of the Government.

~ ~ ~ ~ ~

The Pastoral Times, Sat 26 Oct 1878 5

DENILIQUIN ASSIZES.
SATURDAY, OCTOBER 19.
(BEFORE HIS HONOUR SIR WILLIAM MANNING.)

    This Court opened at 10 o’clock, with Mr GB Simpson as Crown Prosecutor.

[Wednesday 23 October 1878]
UNNATURAL OFFENCE.

    Robert Henrique, recently a schoolmaster at Moulamein, was charged with committing an unnatural offence on a boy named JT Frith of nine years, who was attending the school, pleaded not guilty.  Mr Coutts, instructed by Mr Macnamara, appeared for the defence. The prisoner was found guilty and sentenced to two years imprisonment in Darlinghurst Gaol with hard labour.

    This concluded the criminal business of the Court.

~ ~ ~ ~ ~

The Riverine Grazier, Sat 26 Oct 1878 6

    DENILIQUIN ASSIZES.—The following is a statement of the result of the trials in this court, held on Saturday, Monday, and Tuesday last (abridged from the Chronicle):—William Daniel, stealing horse and saddle, 18 months’ imprisonment; Michael Chapman and Frederick Lindsay, forgery and uttering, two year’s imprisonment; Anne Sterne, attempting suicide, one months’ imprisonment; Christopher Maguire, horse stealing, two years’ imprisonment; the same on a second charge, was found not guilty; Charles Woodbridge, cattle-stealing acquitted; James Little, stealing a cheque, five year’s on the roads, having previously served 26½ years’ imprisonment; John O’Reilly, larceny of £9 from a fellow-prisoner, six months’ imprisonment; John Hill and George Wilson, larceny of goods from Turnbull & Co’s store, Hay, three years on the roads; Timothy O’Sullivan, stealing money, two years’ imprisonment; John Heyden, attempted murder, one year’s imprisonment; Robert Henrique, indicted for an attempt at an offence which the indictment said “must not be named among Christians,” was sentenced to two years’ imprisonment; the principal witness in the case was a boy about nine years old.

~ ~ ~ ~ ~

The Sydney Morning Herald, Sat 2 Nov 1878 7

COUNTRY NEWS.
———◦———
(FROM OUR OWN CORRESPONDENTS.)
————

Deniliquin,, Oct 26.


    The Assize Court continued its sittings on Monday morning,

    Robert Henrique, the late master of the Public school at Moulamein, was convicted of a charge of sodomy, and was sentenced to two years in Darlinghurst, with hard labour.

~ ~ ~ ~ ~

Robert Henrique, Gaol photo sheet 8

SRNSW: NRS2138, [3/6042], Darlinghurst Gaol photographic description book, 5 Jul 1877-9 May 1879, No. 1974, p. 231, R5099. p.1. SRNSW: NRS2138, [3/6042], Darlinghurst Gaol photographic description book, 5 Jul 1877-9 May 1879, No. 1974, p. 231, R5099. p.2.


Gaol Photo Sheet - Transcribed Details

Page No. 231

No. 1974
No. on Gaol Register: 8219/78

Date when Portrait was taken: 6th December 1878

Prisoner's Name: Robert Henrique

Native place: Jamaica

Year of birth: 1839

Arrived        Ship: Mailand
in Colony }   Year: 1849

Trade or occupation
previous to conviction  } Teacher

Religion: C. E

Education, degree of: R & W

Colour of hair: Grey

Colour of eyes: Brown

Height: 5' 6"

Weight     On committal: 164
in lbs     }  On discharge: 

Special Marks: Strawberry mark on the back. Right-hand contrasted burn mark top of left arm

 

General Description:

 (Previous Portrait ...  ) 

PRISON HISTORY

Where and When Offence. Sentence

Deniliquin Quarter Session [sic]

23

12

10

11

1878

1879

Attempt to commit Sodomy

To Bathurst Gaol

2 years HL.

  


1   SRNSW: NRS880, [9/6628], Supreme Court, Papers and depositions, Deniliquin, 1878, No. 11. Emphasis added.

2   SRNSW: NRS7343, [2/6027], Judiciary, WM Manning, J. Notebooks Circuit Courts, 1872-80, pp. 170-182. Emphasis added.

3   Deniliquin Chronicle and Riverine Gazette, Thu 24 Oct 1878, p. 3.

4   Australian Town and Country Journal, Sat 26 Oct 1878, p. 777. Emphasis added.

5   The Pastoral Times (Deniliquin), Sat 26 Oct 1878, p. 2.

6   The Riverine Grazier, Sat 26 Oct 1878, p. 2. Emphasis added.

7   The Sydney Morning Herald, Sat 2 Nov 1878, p. 8.

8   SRNSW: NRS2138, [3/6042], Darlinghurst Gaol photographic description book, 5 Jul 1877-9 May 1879, No. 1974, p. 231, R5099.