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Newcastle Morning Herald and Miners’ Advocate, Fri 6 Jul 1894 1

Thursday, July 5.
(Before Mr Mair, PM.)


    Henry Gallagher, 19, labourer, was charged with having committed an assault on William J Gibson, a boy of 12 years of age.

    Constable Broder said that at 10 o’clock on the previous night John Gibson and his son went to him, and made a complaint about the accused. Witness went to Dr Treloar’s surgery to ascertain the truth of the complaint, and that morning went to the biscuit factory accompanied by Gibson, father and son, and arrested the accused.

    Dr Treloar said that at 7 o’clock on the previous evening John Gibson brought his son to the surgery, and requested that the boy be examined. Witness made an examination and found that the boy had been injured.

    John Gibson, a gas stoker residing in Melville-street, Newcastle, said his son was 11½ years of age. The accused lived behind the gasworks, and was in the habit of playing with boys in paddocks in the vicinity. Witness reached home at 6 o’clock on the previous evening, and his son came home a quarter of an hour later. The lad was crying, and in consequence of something he said witness made an examination, and took the boy to Dr Treloar’s surgery. After getting a report from the medical gentleman he went in search of Constable Broder, and made a complaint to him. At 20 minutes to 8 o’clock that morning he and the boy accompanied the officer to the biscuit factory, and saw the accused there. The constable asked certain questions, and accused made a statement.

    William John Gibson said he knew the accused. On the previous afternoon he was playing football in Arnott’s paddock with two boys named Lynch, when accused joint them. They played till about a quarter to 6 o’clock, and the Lynch boys then went home. Witness started home ward, when the accused beckoned to him and said he had it (meaning 3d he owed him). The witness here stated that he walked with Gallagher, and that the latter committed an offence upon him near Greaves’ stable. The accused had committed three or four offences upon him previously.

    At this stage the case was, on the application of the police, adjourned till Tuesday next.

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Newcastle Morning Herald and Miners’ Advocate, Wed 11 Jul 1894 2

Tuesday, July 10.
(Before Mr Mair, PM, and Mr
Christie, JP.)


    Henry Galligan, [sic] 17, a young coloured labourer, was charged on remand with having, on July 4th, committed an unnatural offence on one William John Gibson, age 12 years.

    Mr J Dart, appeared for the accused, and all females and youths were ordered out of the court.

    Water-police Constable Getting produced a plan drawn to scale of the spot where the alleged crime was committed. The spot was in Green’s paddock, off Melville-street.

    William J ohn Gibson (recalled) stated that he went to a paddock off Melville-street with Constables Getting and Broder, and the lad pointed out the spot where the accused assaulted him. On Wednesday, July 4th, he went there with the accused, and he knew the spot because there were two bricks lying on the ground.

    Constable Strahan deposed that on Thursday morning last he went with the boy and his father to Green’s paddock, and examined the spot marked on the plan. The weeds were about 18in high there, and all broken down.

    William John Gibson (re-called_ corroborated the constable’s evidence.

    Dr John Harris gave evidence as to examining the youth, and stated that the injuries he saw could have been caused in the way alleged by the lad.

    Constable Broder produced some of the lad’s clothing, which was smeared with blood.

    Patrick Lynch, age 21, residing at Cook’s Hill, stated that he was a corporation labourer, and on Wednesday evening, between the hours of 5 and 6 was playing football in Arnott’s paddock. The accused was playing, and they stopped the game at 10 minutes to 6 o’clock. The accused went away in the opposite direction with his brother, but he did nothing, or say anything suspicious.

    Sub-inspector Saunders at this stage produced a written statement signed by the witness, in which he said that he saw the accused and the boy together, and the accused beckoned someone when he left.

    The witness was severely cross-examined at this stage, and he admitted having signed the statement and said the words. He then swore that he never saw the boy Gibson there at all, and knew nothing of the case. He did not see the boy Gibson playing football at all.

    This concluded the evidence, and in reply to the usual question the accused said that he reserved his defence, but would also call witnesses.

    Albert Charlton, a clerk, residing at Cook’s Hill, deposed that he knew the accused, and saw him in Arnott’s paddock on Wednesday last playing football. He went home at about a quarter to six o’clock with his brother Edward. The lad Gibson was there from half-past 4 until half-past 5, and then went to his home across Melville-street, which was exactly in the opposite direction to the house of the accused. The accused went home through the paddock and got over a fence, and then witness went away.

    The witness was cross-examined at length, and with the aid of the plan he pointed out the spot where the accused got over the fence.

    Joseph Watson, a labourer, who was also playing football on the night in question, stated both the accused and the boy were there. Witness left the ground at a quarter to 6, and the boy was not there then. When he left he saw the accused take the ball and go in the direction of his home with his brother Edward. It was getting dark, and they were only practising kicking.

    Charles Brunker, a school boy, gave similar evidence, and said he saw the accused go away at a quarter to 6 with his brother, and the boy Gibson was not there then.

    Edward Galligan, a brother of the accused. Swore that they were together playing football on the evening in question. Witness went on the ground at about 5 minutes to 5 o’clock and did not see the lad Gibson there at all. Witness and the accused went home together at about 10 minutes to 6 o’clock, and until 7 o’clock the accused was not out of his sight.

    By Sub-inspector Saunders: Witness did not know what the accused had said in answer to the charge.

    James Galligan, father of the accused, swore that he came home with his brother Edward at a quarter to 6 o’clock on Wednesday evening, and remained inside until 7 o’clock.

    By Sub-inspector Saunders: The accused was born in March, 1877. He took a leading part in the Oriental Football Club, and he was a quiet, decent lad. Witness knew that Wednesday last was July 4, because of the American flags flying on the ships and on some of the offices.

    John Lynch, a carter, swore that he was playing football on the evening in question in Arnott’s paddock with the accused and others. He did not see the lad Gibson there at all, and he saw the accused leave with his brother for home shortly before 6 o’clock.

    This concluded the evidence, and the accused was then committed for trial at the next Court of Quarter Sessions held in Newcastle. Mr Dart applied for bail, but the Bench refused it, on the ground that the charge was most serious, and until recently had been a capital one.

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Newcastle Morning Herald and Miners’ Advocate, Wed 12 Sep 1894 3

Tuesday, September 11.
(Before Judge Backhouse.)

    The sessions were resumed at 10 o’clock yesterday morning. Mr Peter Callan, of Stockton, who was fined 40s on the previous day for non-attendance as a juror, was present, and he explained that he did not attend because he understood from the press that the Court did not commence until Tuesday. His fine was remitted.

    Mr AF Dawson prosecuted for the Crown.


    Henry Gallagher [aka Henry Gallegan], a coloured youth, 19 years of age, was charged with having, on July 4, committed an unnatural offence on William John [aka Edward John] Gibson, a lad 11 years of age. There was a second count of indecently assaulting the boy preferred against the accused.

    Messrs JA Gorrick and TF Low appeared for the accused, who pleaded not guilty. A jury, with Mr J Gilbert as foreman, was empanelled.

    As in the previous case, all women and children were turned out of court. The circumstances of the case were revolting in the extreme and unfit for publication. The evidence was practically similar to that already given in the preliminary inquiry. After the hearing of medical evidence from Dr [Richard Henry] Treloar, a consultation took place between Messrs Gorrick and Low and the accused, with the result that the accused withdrew his first plea of not guilty and pleaded guilty to the second count.

    The Crown Prosecutor accepted the plea, and the first count was withdrawn. The jury without leaving their seats by direction of the Judge brought in a verdict of guilty of indecent assault.

    In sentencing the prisoner, the Judge said that it was a horrible crime, and it might be that he had ruined the lad for life. If the prisoner was older the sentence would have been much heavier. Sentenced to four years’ penal servitude.

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Henry Gallagher, Gaol photo sheet 4

SRNSW: NRS2327, [3/5986], Maitland Gaol photographic description book, 1875-1930, No. 939, p. 204, R5130.

Gaol Photo Sheet - 
Transcribed Details

No. 939

Date when Portrait was taken: 15 Aug 1894

Name: Henry Gallagher

Native place: BC Newcastle

Year of birth: 1875

Arrived       Ship: –
in Colony }   Year: –

Trade or occupation
previous to conviction  } Laborer

Religion: Baptist

Education, degree of: Read & Write

Height: 5' 9"

Weight     On committal: 140
in lbs     } On discharge:

Colour of hair: Black

Colour of eyes: Black

Marks or special features: Half casts – Scar right temple

(No. of previous Portrait ... ) 


Where and When Offence. Sentence

Newcastle Q.S




Indecent assault on a male person 

4 years P.S.


1     Newcastle Morning Herald and Miners’ Advocate, Fri 6 Jul 1894, p. 7. Emphasis added.

2     Newcastle Morning Herald and Miners’ Advocate, Wed 11 Jul 1894, p. 7. Emphasis added.

3     Newcastle Morning Herald and Miners’ Advocate, Wed 12 Sep 1894, p. 6. Emphasis added.

4     SRNSW: NRS2327, [3/5986], Maitland Gaol photographic description book, 1875-1930, No. 939, p. 204, R5130.