Border Morning Mail, Sat 6 Mar 1926 1
CASE AT ALBURY QUARTER SESSIONS
A YOUTHFUL CRIMINAL
Before His Honor, Judge Bevan—Crown Prosecutor, Capt Storkey, VC—Clerk of Courts, Mr VB Cox—Sheriff’s Officer, Mr CGR Wilson.
AN “ABOMINABLE CRIME”
JURY PROMPTLY FIND ACCUSED “NOT GUILTY.”
Henry James Williams, on bail, was charged with an “abominable crime,” [bestiality] alleged to have been attempted at Mullengandra Station on July 1, 1925.
Accused who was defended by Colonel Wilkinson pleaded not guilty.
The jurymen empanelled were George William Frauenfelder, Robert Chambers, David John Barry (foreman), Edward Terence Phibbs, George Jacob Hoffmann, Ernest William Sharp, Arthur Burdach, Carl August Hermann Klinberg, William Edward Colley, George William Dwyer, William Charles Doyle, Leslie Thomas Ryan.
The accused challenged three of the jurymen called.
The alleged facts in support of the charge against the accused were outlined to the jury by the Crown prosecutor.
Evidence in support of the Crown’s case was given by John Batson, Roy Batson, Jack Gardiner, Dick Holme, and John Wishard.
These witnesses were critically cross examined by Colonel Wilkinson.
At the close of the Crown’s case, Henry James Williams entered the witness box. He stated that he would be 60 years of age on May 1. He was born in Adelaide and lived all his life in Australia. The charge alleged against him was untrue and absolutely false. The photographs of the window of the room he occupied in the cottage on the station property were taken in his presence. Witness knew nothing about the charge for some time after the offence was alleged to have taken place. He took proceedings against Batson for defaming him, and came into Albury to institute the proceedings. He sued Batson for £10 in the Albury Police Court, but lost the case. There were two dogs shot for trespassing on Taskis’ property adjoining Mullengandra station. The dog in his possession had been caught in a trap and was lame.
Williams said these dogs were shot on June 26. The Crown’s witnesses stated the dogs were shot on July 4.
Captain Storkey: I understand the story you are putting up is that the whole of this charge is a concoction. Has Holme (a Crown witness) any reason to support Batson’s evidence?
Witness said: They paid his, (Holme’s) fare from Sydney when he was “stiff.” The boss gave him two minutes to get off the place.
In further answers to Capt Storkey, accused said he was a chef for about 30 to 35 years. He was still employed by Mr Bazeley at Mullengandra station.
George Bazeley, grazier at Mullengandra, said that the accused was in his employ as cook for some time and was there still. Two dogs were shot somewhere about June 26 last year. He fixed that date as it was about a fortnight before Batson left, which was on July 11.
David William Ladner Taskis, residing at Mullengandra, said he was a neighbour of the previous witness. He made a complaint to Mr Bazeley about three dogs being in his (witness’s) paddock. He incidentally of the shooting of the dogs. He believed he made the complaint about the dogs in June last.
James Connors, a retired drover, living in Albury, said he sold the accused a puppy after Easter last year. The puppy would not be six months old at that time. It was a “blue and white German collie sheep dog,” and of a small breed. Williams gave him £1 for the pup.
John Wishard, recalled by the Crown prosecutor, said he was present when the dogs were shot at the back of the shed.
Colonel Wilkinson address the jury emphasising various discrepancies in the evidence of the Crown’s witnesses.
The Crown prosecutor made a forceful and critical reply.
His Honor having summed up, the jury retired to consider their verdict at 3.18 pm. At 3.30 pm they returned to Court and announced that their verdict was “not guilty.”
Williams was at once discharged from custody.
ITEMS OF NEWS.
There were uniformed police everywhere yesterday through the town. The casual visitor would not guess that Albury was the law abiding town it really is. The fact was that many police from the surrounding districts were in the town in uniform in connection with the Quarter Sessions and District Court sitting yesterday and to-day.
Mr Henry Condon and Mr AD Vivian were excused from attendance as jurymen at the Albury Quarter Sessions by His Honor, Judge Bevan, yesterday. His Honor said the circumstances in each case justified him in excusing them. After the jurymen were empanelled in the only defended criminal case, His Honor discharged the other jurymen who had been summoned. The jurymen summoned for the civil case listed for the district court which opened to-day, were called and informed by His Honor that their attendance would not be required until 9.30 this morning.
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The Albury Banner and Wodonga Express, Fri 12 Mar 1926 2
ALBURY QUARTER SESSIONS.
Friday, March 5.
(Before his Honor Judge Bevan.)
The Albury Quarter Sessions were held at the Court House on Friday. His Honor Judge Bevan presided. Capt Storkey, VC was the Crown prosecutor.
AN “ABOMINABLE CRIME.”
Henry James Williams, on bail, was charged with an “abominable crime,” alleged to have attempted at Mullengandra Station on July 1, 1925.
Accused was defended by Col Wilkinson.
The jury returned a verdict of not guilty, and accused was discharged.
1 Border Morning Mail, Sat 6 Mar 1926, pp. 2, 3. Emphasis added.
2 The Albury Banner and Wodonga Express, Fri 12 Mar 1926, p. 23.