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Frank Borg and Lazzarino Xello, 1925

Below also see: Frank Borg, 1930 – Buggery
Frank Borg, 1931,
Frank Borg, 1936,
Frank Borg, 1941,
Frank Borg, 1947,
Frank Borg, 1955

 

Evening News, Thu 19 Mar 1925 1

MALTESE STOWAWAYS
————

    Two young Maltese firemen, Frank Borg and Lazzirino XeIIo, made their entry into New South Wales to-day under adverse circumstances. They arrived by the new liner, the Oronsay, as unwanted passengers, and they later pleaded guilty at the Central Court to having stowed away on the boat at Melbourne.

~ ~ ~ ~ ~

The Sydney Morning Herald, Fri 20 Mar 1925 2

STOWAWAYS ON ORONSAY.
———◦———

    Two Maltese fireman, Frank Borg, aged 22 years, and Lazzarino [sic] Xello, aged 22 years, were fined £2, in default fourteen days’ imprisonment, when they pleaded guilty before Mr Giles Shaw, at the Central Police Court yesterday, to a charge of stowing away on the Orient liner RMS Oronsay at Melbourne on March 17.

    Parle Murphy, fourth officer on the vessel, said that the defendants were discovered on Wednesday. Each had only a few pennies on them.

    Borg, from the dock, stated that both had been in Melbourne for about six months looking for work. They came to Sydney to try to get work.

 



Frank Borg
, 1930 

 

The Brisbane Courier, Mon 8 Sep 1930 3

MALTESE ARRESTED.
————

Casino, September 7.

    Excitement was caused at Casino yesterday afternoon, when the police rounded up a number of Maltese, the majority of whom were railway workers, and who had been at Grady’s Creek Gap. The police took 20 of them to the watchhouse, and eight men were charged with vagrancy. More serious charges may be preferred against the Maltese.

~ ~ ~ ~ ~

The Richmond River Express, Tue 9 Sep 1930 4

LOCAL INTEREST
————
SERIOUS CHARGES

    In the Children’s Court at Casino today, before Mr E[dward] A[ugustus] Mahony, PM., Frank Guech, a Maltese, was charged with a serious offence on a youth. He was committed to stand his trial at the Circuit Court at Lismore on September 24 on bail of £200. Joe Galea was charged with a similar offence, and after evidence had been given he was discharged.

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Casino and Kyogle Courier and North Coast Advertiser, Wed 10 Sep 1930 5

MALTESE ARRESTED.
————
ABOMINABLE OFFENCES ALLEGED.
————
WHITE BOYS INVOLVED.

    There was much excitement in Casino on Saturday morning when the police, from different parts of the town, took to the lockup 20 Maltese, who were lined up for identification, after the police had received certain information, in which allegations of abominable conduct on the part of the Maltese were made. Two local boys made these allegations, and they identified seven Maltese, who were arrested, and an eighth Maltese was taken into custody on Sunday.

    On Monday these men, Joe Galea, Joe Schembera, Jim Borg, Grezio Attard, Frank Galea, Jack Zureh and Frank Bork were charged with having committed an abominable and unnatural offence on the lads, and also with indecent assault on a male person.

    In remanding the men until yesterday morning Mr C[hristopher] J[ames] M[atthew] Hade (Chamber Magistrate) remarked:– “In remanding these defendants, I think it is now opportune to say at this early stage that you, Sergeant [Alexander John] McIntosh, and your officers who have participated in this work, and if these charges are well founded, have gained the commendation of the people bringing to light and to justice these defendants who are alleged to have committed these atrocious, abominable and revolting crimes.”

    When the defendants were charged before Mr EA Mahoney yesterday, Mr JJ Kissane appeared for them.

    The majority of cases were heard with closed doors, as one of the boys was under age.

    Evidence was heard in the case against Galea, and he was discharged, but was immediately re-arrested on a charge of vagrancy.

    Frank Grech was committed for trial to the Lismore Circuit Court on September 24 on a charge relating to a third boy. Bail was allowed, self in £200 and one surety of £200 or two of £100 each.

    After evidence had been given against Jim Borg, Frank Galea and Jack Xureh they were committed for trial. Bail was allowed, self in £200 and one surety of £200, or two of £100 each.

    The other defendants were remanded until Tuesday next.

~ ~ ~ ~ ~

The Richmond River Express, Wed 10 Sep 1930 6

LOCAL INTEREST
————

COMMITTED FOR TRIAL

    In the Children’s Court at Casino yesterday, before Mr EA Mahoney, PM., Jim Borg, Frank Galea and Jack Fureh, Maltese, were committed for trial at the Circuit Court sittings at Lismore on September 24, on serious charges against a male person. Bail in each case was fixed at £200. Four other Maltese were remanded on similar charges until Tuesday next.

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The Sydney Morning Herald, Thu 11 Sep 1930 7

CHARGES AGAINST MALTESE.
———◦———

Casino, Wednesday.

    A raid on Maltese who were camped about Casino had a sequel in the police court, when nine Maltese were charged with having committed unnatural offences. Those charged were:—Joe Galea, Joe Gschembera, Jim Borg, Grezio Attard, Frank Galea, Jack Xureh, Frank Borg, Frank Grech, and Sam Zhra. The men were remanded by the chamber magistrate (Mr CJM Hade), pending a hearing of the charges by a police magistrate. Later Frank Grech, Jim Borg, Frank Galea, and Jack Xureh, were committed for trial by the police magistrate, Joe Galea was discharged. The other defendants were remanded for a week.

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Barrier Miner, Fri 12 Sep 1930 8

RAID ON MALTESE
———◦———
NINE IN POLICE COURT
———

Casino, Wednesday.

    A raid on Maltese who were camped about Casino had a sequel in the police court, when nine Maltese were charged with having committed unnatural offences. Those charged were: Joe Galea, Joe Gschembera, Jim Borg, Grezio Attard, Frank Galea, Jack Xureh, Frank Borg, Frank Grech, and Sam Zhra. The men were remanded by the chamber magistrate, Mr CJM Hade, pending a hearing of the charges by a police magistrate. Later Frank Grech, Jim Borg, Frank Galea, and Jack Xureh, were committed for trial by the police magistrate, Joe Galea was discharged. The other defendants were remanded for a week.

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Casino and Kyogle Courier and North Coast Advertiser, Sat 13 Sep 1930 9

LOCAL AND GENERAL
———◦———

POLICE RECORD.

    As far as a clean-up of crime and police offences are concerned, Casino police this year will create a new record for the North Coast. There have been many serious cases since the beginning of the year, some of the offenders receiving heavy sentences. Within the short space of eleven days, the police have handled no fewer than 72 cases. On top of this there were summons cases issued by private persons.

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Truth, Sun 14 Sep 1930 10

REVOLTING ALLEGATIONS
OF YOUNG BOYS
———◦———
Say Casino Maltese Lured Them to
Huts on River Bank
————
POLICE RAID SENDS FOUR FOR TRIAL

(From “Truth’s” Casino Representative.)

CASINO police moved quickly and effectively last week when they received information from three young boys concerning certain Maltese who inhabit the town.

    They raided and rounded up a score or more of the dusky gentlemen, and as a result of a subsequent line-up, nine of the Maltese were arrested and faced charges of a most revolting nature.

    On Monday last they were formally charged with the alleged offences, and remanded until the following day, when four of them were sent for trial, whilst cases against the others were adjourned for a week.

    Added to the charge of having assaulted three boys, there was also a count against the Maltese that they did indecently assault a male person.

    The lads are all local boys. One is sixteen years of age, one a little younger, and the third 20. They told a story of atrocious and abominable details concerning happenings that they alleged took place in huts in the river bank.

    The Maltese charged were Joe Galea, Joe Gschembera, Jim Borg, Grezio Attard, Frank Galea, Jack Xureb, Sam Zhra, Frank Borg and Frank Grech.

    The last named was sent for trial for indecently assaulting a youth and Jim Borg, Frank Galea and Jack Xureb also went for trial on similar charges. The remaining three were charged in respect of one boy, one of two brothers, concerned in the matter. Joe Galea was discharged, but promptly re-arrested on a charge of vagrancy.

    When the magistrate, Mr CJM Hade remanded the man on the Monday morning, he passed some very strong remarks. Addressing Sergeant McIntosh, he said:

    “In remanding these defendants, I think it is not inopportune to say at this early stage that you, sergeant, and your officers who have participated in this work, and if these charges are well founded, have gained the commendation of the people in bringing to the light of justice these defendants who are alleged to have committed these atrocious, abominable and revolting crimes.”

    When the Maltese were charged on Tuesday the cases concerning the boys who were under age, were taken first.

TWO SHILLINGS

    The sixteen-years-old lad told how he met one of the Maltese who took him to the river bank, where he alleged the offence took place; the Maltese gave him two shillings.

    The same lad related meeting another Maltese who took him into a park convenience, where he interfered with his clothing. This happened, he said, in day-light and the Maltese gave him a shilling.

    When accused of a smaller offence on the lad, Xureb, who was committed for trial, said that the lad asked for another Maltese. They entered the shed at the rear of a business premises, and there the Maltese claimed that the lad accepted sixpence, and committed an act of extreme indecency.

    Another of the Maltese, Jim Borg, the lad claimed, gave him 2/- to do something.

SHOOT HIM

    The boy later claimed that when confronted by another Maltese, he had gone with him and had agreed to a revolting act. He received fivepence.

    The elder of the two brothers is alleged to have made a statement to the effect that a Maltese took him to the park and interfered with him, warning him that if he “pimped” he would shoot him and cut his head with a razor.

    Throughout their stories, the lads referred to most revolting incidents.

    The whole affair caused a sensation in the town, more so among the Maltese inhabitants, of whom there are dozens, and Monday morning saw an exodus of them on the train bound for the south.

~ ~ ~ ~ ~

Casino and Kyogle Courier and North Coast Advertiser, Wed 17 Sep 1930 11

MALTESE CHARGED
————
Alleged Unnatural Offences.
————
WHITE BOYS INVOLVED.
————

    A further instalment in the serious charges against a number of Maltese concerning the alleged interference with white boys was tendered in the Police and Children’s Court yesterday, before Mr EA Mahoney, PM. Joe Schembera, Grezio Attard, and Frank Borg were charged with having committed offences against the order of nature, and with having indecently dealt with the boys. Sam Zhra was charged with indecent assault. Sergt McIntosh prosecuted, and Mr JJ Kissing appeared for the defendants.

    After hearing the evidence against Grezio Attard, the PM said there was insufficient evidence to send the defendant for trial, and he was discharged. Attard was immediately re-arrested and charged with vagrancy.

    Sam Zhra was also sent for trial.

    In the Police Court, Joe Schembera was charged with having unlawfully assaulted Alexander John McMillan and with having committed an abominable offence.

    Constable W[illie] Fleming said that on September 6 nineteen Maltese were brought to the lockup. Sergeant McIntosh said, “You are here for identification, as certain complaints have been made against Maltese.” McMillan was brought into the yard, and Sergt. McIntosh said, “Have a look along this line of men and place your hand on any of the men you have complained have been interfering with you.” McMillan placed his hand on defendant. Asked why he picked Schembera, McMillan said he (defendant) was the man who interfered with his clothing and did something to him. Schembera gave him a few bob, said McMillan. The latter added that he accompanied defendant to the park. There defendant said, “If you pimp on me I will shoot you and cut your head off with a razor.” Schembera said, “I had nothing to do with him; how can he prove it? Last Saturday night I was in Lismore. I have witnesses—Mrs Jack Howard, Fred and Cherry. I came back last Monday morning. I prove it for that.”

    Mr Kissane (for defendant): Was a statement in writing given by this boy?—No.

    You took a statement previously from him?—Yes.

    Alexander John McMillan, a youth, said he had complained of certain happenings with the Maltese. He identified Schembera, who had interfered with him. The first occasion anything happened was about three weeks ago, one Saturday night, after the pictures. Defendant said, “What about coming over to the river bank?” Witness said, “No,” and defendant said, “You had better come over to the park with me.” Witness did, and then described what happened. He stayed with defendant all night, because he would not let him go. Schembera gave him 2/-. Defendant said, “If you pimp on me I’ll shoot you next time I come out.” Witness knew defendant, who was known as “Speero.”

    To Mr Kissane: He was 20 years of age, and had gone to school for fourteen months. He did not know what time of the year Christmas came. There were twelve days in a week and seven months in a year. In a fortnight there were twelve months. He could not tell the time. He did not know that his bother was going with some of the Maltese.

    You know what you did in the park was wrong?—Yes.

    Did you know that the police might take him?—Yes.

    Was that the first time in your life that anything like that happened to you?—Yes.

    What is the difference between a quarter of an hour and half an hour?—Two hours.

    Is he the only man who did this thing to you?—No; another man, too.

    Were you willing that he should do this to you?—I tried to stop him.

    Why did you let him?—He was too strong for me.

    Did you tell the police about what happened when you saw the police on the way home?—No; I was frightened he would shoot me.

    Did you know defendant?—Yes; at Grady’s Creek.

    Did he ever do anything to you there?—No.

    Did “Kid” ever do anything at Grady’s Creek?—No.

    Did “Kid” ever do anything to you here?—Yes.

    Dr W[illiam] A[lexander] Standish said he had examined McMillan, who was suffering from a urethal [sic] discharge, probably disease. He took a swab of this, but the result was not yet known. The lad’s mental condition was poor. His examination showed signs that were consistent with unnatural interference. A person suffering from a disease could convey it to another by such contact.

    Mr Kissane submitted that there was no evidence to send to a jury. McMillan’s statement to the police conflicted with his evidence in the box.

    The PM: He is obviously a lad of low mentality.

    Mr Kissane: Quite so. But the liberty of the man is at stake. Schembera denied at the start that he was here. Obviously this lad has been leading this sort of life, but he cannot give us time and place.

    The PM: I do not think any jury would convict defendant on witness’ evidence. These papers can be sent to the Justice Department, and if the Attorney-General thinks there is sufficient evidence he can put him on his trial.

    Frank Borg had a similar charge preferred against him. Then the charge was read he answered, “No, sir.”

    Dr WA Standish gave similar evidence to that given in the previous case. He said he examined defendant, who had a slight urethal discharge, which was possibly due to gleet. t would be possible for another male person coming into contact with another to convey the disease. He had taken a swab from defendant.

    Mr Kissane: Have you formed the opinion that the boy is suffering from disease?—Yes, positive.

    You came to that conclusion from an examination of the boy’s person?—Yes.

    Did the boy tell you anything that would account for him having the disease?—No.

    Did any answers given by the boy indicate whom he might have contracted the disease?—No.

    Constable [Willie] Fleming said that at 4 pm on September 7 defendant was brought to the lockup and was identified by McMillan. McIntosh said to McMillan, “What reason have you for identifying this man?” McMillan said, “He did something to me down the back. I saw him near the billiard room and said, “What about coming around the back?” I asked him where, and he said, “Behind the billiard room.” Defendant said, “What about disarranging your clothes?” Witness declined, and defendant said “Here is 2/-; what about -----?” Defendant said, “If you don’t put your ----- head down -----.” The lad then described what occurred and said that he had not met defendant before that date at the rear of the hotel, where something happened in the yard. Borg, said McMillan, said, “If you pimp on me I will shoot you and cut your head off with a razor.” Sergeant McIntosh said to Borg, “Do you wish to say anything?” Borg said, “It is all lies, and I want a doctor to examine him and me. If I done it I will pay for it; if I didn’t do it I will not for it.”

    The lad [Alexander John McMillan] giving evidence, said he once resided near the Royal Hotel, and had complained about the Maltese. Borg had interfered with him. He knew Borg at Grady’s Creek as “The Kid.” In the street in Casino Borg made a suggestion to him and he replied, “What do you think I am, a man or a -----?” Borg said, “Don’t be mad.” Defendant interfered with witness’ clothing and committed an offence. He then caught witness by the head and forced him to commit an act of extreme indecency. Borg then threatened to shoot him, kick his ---- in, and cut his head off if he pimped. Another night Borg called him and they entered a building where Borg made an indecent suggestion to him and forced him to comply.

    Sgt McIntosh: The doctor is treating you for something. How did you get that?—Off the “The Kid” (Borg.)

    Mr Kissane (for defendant): “The Kid” did nothing to me at Grady’s Creek; the first time was in Casino. Two acts of indecency occurred in Casino at the rear of the billiard room, and one behind the Royal Hotel.

    Mr Kissane submitted that there was no case.

    The PM: I am inclined to send him for trial. Borg, you are committed for trial to the sittings of the Supreme Court at Lismore on September 24. Bail was allowed, self in £200 and one surety of £200.

    A charge of vagrancy against McMillan was adjourned for a month.

~ ~ ~ ~ ~

The Richmond River Express, Wed 17 Sep 1930 12

LOCAL INTEREST
————

COMMITTED FOR TRIAL

    After evidence had been concluded in the Casino Police Court yesterday, before Mr EA Mahoney, PM., in the charges against Frank Borg, a Maltese, of having unlawfully assaulted a male person, and with committing an offence against the order of nature, the defendant was committed for trial at the Lismore Circuit Court on September 24, on bail of £200.

~ ~ ~ ~ ~

The Sydney Morning Herald, Thu 18 Sep 1930 13

COUNTRY NEWS.
———◦———

MALTESE COMMITTED FOR TRIAL.

Casino, Wednesday.

    Arising out of the arrest of nine Maltese here, following allegations of assaults on boys, two more Maltese, Frank Borg and Sam Zhra, were committed for trial. Two others, Joe Gsyhemy and Grezio Attard, were discharged.

~ ~ ~ ~ ~

Truth, Sun 21 Sep 1930 14

TERRIBLE ALLEGATIONS
————————
OF MALTESE DEPRAVITY
———◦———
White Lad Shows Amazing Ignorance
in Witness Box

(From “Truth’s” Casino Representative.)

ONCE again last week the story of revolting depravity alleged by young white boys against four Maltese residents rocked the town of Casino.

    ONE boy, twenty years of age, displayed an amazing lack of intelligence when he told of shocking excesses that he stated had taken place in the park. And at the conclusion of the hearing, two Maltese, Sam Zhra and Frank Borg, were committed for trial, while Grezio Attard and Joe Gschembera were discharged.

    The case was heard in the Casino Police Court on Tuesday afternoon, when the four more Maltese were arraigned on charges based on the allegations of two boys, aged 16 and 20 years, that the Maltese had been guilty of abominable acts.

    Joe Gschembera, Grezio Attard and Frank Borg were charged with unnatural offences and Sam Zhra with indecent assault.

    Sam Zhra and Frank Borg were sent for trial, while the charges against Grezio Attard and Joe Gschembera were dismissed, but the magistrate stated that the papers would be sent on to the Attorney-General for perusal.

    Two of the cases were heard in the Children’s Court and two in open court.

PICKED HIM OUT

    in the charge against Joe Gschembera, Constable Fleming related that it was after the boy of 20 had told the police something that Gschembera was interrogated.

    The boy picked the Maltese out of a group of nineteen and said that he was one of the men who gave him 2s.

    “If you pimp on me I will shoot you and cut your head off with a razor,” the boy alleged that Gschembera said to him after the incident.

    When charged Gschembera stated that he was in Lismore on the date of the alleged offence and could prove his presence there by Mrs Jack Howard, Frank and Cherry, added Constable Fleming.

    When the boy took the witness-stand Sergeant McIntosh questioned him closely about the nature on an oath, and the lad said he knew that the Bible was God’s book and that he would go to hell if he did not tell the truth.

    Although 20 years of age, he displayed the mentality of a lad of five or six years.

    He said that Gschembera spoke to him after the pictures. The lad declined to go to the park. Gschembera said, “You had better come over with me.”

    He remained with Gschembera all night, because he would not let him go. Gschembera gave him 2/-.

    Mr Kissane (for defendant): Did you ever go to school?—Yes, for fourteen months.

    What time of the year does Christmas fall?—I don’t know.

    How many days are there in a week?—Twelve.

    And how many months in a year?—Seven.

    How days in a fortnight?—Twelve.

    Can you tell the time?—No.

    Did you know that your brother was going with the Maltese?—No.

ANOTHER MAN

    You know that what you did in the park was wrong?—Yes.

    You saw the police when you were going home—why didn’t you tell them what happened?—I was too frightened that he would shoot me.

    You knew him before?—Yes, at Grady’s Creek.

    Did he ever do anything to you there?—No.

    Did “The Kid” (Frank Borg) ever do anything to you there?—No.

    Did “The Kid” ever do anything to you here?—Yes.

    Dr WA Standish, Government Medical Officer, Casino, said he examined the boy and found that he was suffering from a complaint.

    His examination revealed signs consistent with interference. The lad’s mental condition was very poor.

    Mr Kissane contended that there was no corroboration, and that the lad could only give vague answers as to times. He referred to the statement made by the lad to the police, and said it conflicted with the evidence given by the boy.

    The PM: He is obviously a lad of low mentality.

    Mr Kissane: Quite so, but a man’s liberty is at stake on his allegations Gschembera denied at the start that he was in Casino at the time alleged by the lad. Obviously this lad has been leading this sort of life, but he cannot give us time and place at all clearly.

    The PM: I do not think any jury would convict on the evidence. These papers can be sent to the Justice Department, and if the Attorney-General thinks there is sufficient evidence, he can proceed.

    Gschembera was then discharged.

    When charged, Frank Borg, known as “The Kid,” said, No, sir.”

    Dr Standish detailed the result of his examination of the boy, and said he had also examined Borg, who had a complaint.

    Mr Kissane: Have you formed an opinion that the boy is suffering from a disease?—Yes, positively.

    You came to that conclusion from an examination?—Yes.

    Constable Fleming said that when he identified Borg the boy said, “I met this man.”

    The constable then related a certain proposition which the boy alleged was made to him.

    When asked if he had anything to say in reply to the boy’s allegations, Borg, added Constable Fleming, said “It is all lies, and I want a doctor to examine him and me. If I done it I will pay for it; if I didn’t do it I will not pay for it.”

    The boy then related certain alleged happenings. Prior to that he knew Borg as “The Kid.” That was at Grady’s Creek.

    Another night, in the street, “The Kid” called him over and made improper overtures. Witness did not want to go, but finally accompanied Borg. Borg made suggestion to him.

    The boy then went on to describe another abominable deed.

    “Borg,” added the boy, “then told me that if I pimped he would shoot me and kick my —– in, and cut my head off with a razor.”

    On another night Borg called him into a building and again forced him to do something.

    Sergeant McIntosh: The doctor is treating you for something? How did you get that?—Off “The Kid” (Borg).

    Mr Kissane: Did “The Kid” ever do anything to you at Grady’s Creek?—No.

    The first time was in Casino?—Yes.

    Where?—The witness then gave details.

    Mr Kissane (to PM Mahoney): I again submit that there is no case.

    The PM: I am inclined to send him for trial.

    Borg was committed to stand his trial at the Supreme Court at Lismore on September 24. Bail was allowed, self in £200 and a surety of a like amount.

    Zhra, charged with indecent assault, was also committed for trial. His bail of £200 was not forthcoming.

    The two boys were held on vagrancy charges and were remanded on their father’s security for a month.

~ ~ ~ ~ ~

The Northern Star and Richmond and Tweed Rivers Advocate, Wed 24 Sep 1930 15

GENERAL NEWS
————
TOWN AND COUNTRY MATTERS
————
LISMORE CIRCUIT COURT

    The following cases are listed for hearing before Mr Justice Halse Rogers at the Lismore Circuit Court which commences at 10 am to-day: Rex v. Walter Harold Donnelly, charged with a serious offence; Thomas Jackson, charged with larceny; Frank Borg, Jim Borg, Frank Galea, Frank Gretch, Sam Zahri, Jack Xuereb, each charged with a serious offence.

~ ~ ~ ~ ~

Depositions for Frank Borg 26 Sep 1930 Lismore trial 16

NEW SOUTH WALES POLICE.

North Coast District,

Casino Station,
20th September 1930.

Report relevant to antecedents of:–

Name: Frank Borg (23)
Offence: Buggery
Committed for Trial at: Lismore Circuit Court.
Date: 24th September 1930

    Sergeant 1st Class McIntosh reports that accused is a single man, born at Malta, arrived in Melbourne in 1924, date and name of boat not known, employed at a hotel in Melbourne for three months as a handyman, followed general labouring work at Brighton Victoria for one and a half years, when he went to Mackay, Queensland and was employed chipping and cutting cane for two and a half years, when he returned to Sydney and worked on the wharfs for two and a half years, during the past nine months he has been employed on the railway construction work at Casino and Kyogle. He has always been in the company of other Maltese five of whom have been committed for trial on the same charge, and three after the hearing of evidence were discharged.

    Finger prints have been taken and forwarded to the Commissioner of Police, Fingerprint Branch and are unknown at that department.

[Signed] SL McIntosh, Sergeant 1st Class.

~ ~ ~ ~ ~



Petty Sessions Office, Casino

17th September 1930.

(a) Name in full of accused.

Rex v(a) Frank Borg

(b) Offence.

(b) Sodomy

(c) “Supreme Court,” or “Quarter Sessions.”

Depositions and the other Documents in the case of the above named accused who has been committed to take his trial at the (c) Court of Circuit Court

to be held at Lismore on Wednesday the 24th day of September 1930

are forwarded under separate cover

(d) “Is confined in the Gaol at …,” or “has been admitted to bail” (with full particulars as to sureties, addresses, occupations, and amounts, as set out in Recognisance.)

The accused is (d) confined in the Gaol at Grafton

(e) As in Recognizance, both for Crown and defence, specifying also what witnesses gave evidence but were not bound over, with reason for omission.

The Witnesses bound over are (e) William Alexander Standish of Casino Medical Practitioner, Willie Fleming of Casino Police Constable and Alexander John McMillan of Sth Casino

(f) Short description to enable identification.

The Exhibits enclosed are (f) Statement (put in in a case which was dismissed but which also refers to this case)

 

[Signed] CJM Hade
Clerk of Petty Sessions

The Under Secretary of Justice.

N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates

April, 1920

~ ~ ~ ~ ~ 

RECORD OF EXHIBITS.

Rex versus Borg
(Offence). Sodomy

Distinguishing Letter or Number.

Description of Exhibit.

In whose custody or how disposed of.

 

Statement by Alexander John McMillan (This is an exhibit in another case which was dismissed but will be required in this case).

Herewith

[Signed] R[obert] V[incent Denis] Carroll, Dep[osition] Clerk [JP]


~ ~ ~ ~ ~ 

Police Station, Casino.
6th September 1930.

Frank Borg, 1930, NSW Supreme Court depositions’ cover. Photo: Peter de Waal
Frank Borg, 1930, NSW Supreme Court depositions’ cover.
Photo: Peter de Waal

    Alexander John McMillan, states, I am 20 years of age and reside with my father in Coraki Road South Casino.

    I know “Kid” the Maltese, he is working on the Bonalbo railway construction works at the Eight Mile Camp.

    On a Thursday night about three weeks ago he met me at the Billiard Room in Barker Street, Casino. He said to me, “Will you take it up the bum?” I said “No,” he then said “Will you take it up the mouth?” He used the word “prick” when he said “Will you take it up the bum?”, I again said “No.” He then said, “Come around the back and no-one will see you.” (He meant behind the Billiard Room). “And I will give you two bob.” I said “I’m going to the pictures.” He said “There will be plenty of time.” I said “No.” He said “There will be plenty of time before the pictures.” I said, “What do you think I am, a man or a woman?” He said “You are nice, I would like to stick my prick up your bum.” I then went to the back of the billiard room into a WC. He took my trousers down, and he spit on his prick, and then put it up my bum. I said “Get away you dirty dog,” he put it in further when I said that. He kept his prick in my bum about a minute. He then gave me two bob, I said “I do not want it, I have plenty of money at home,” but I kept the two bob. I then left him and went to the pictures. This happened between 7 and 8 o’clock, but I got to the pictures before they commenced.

    Last Thursday week he met me near the Cecil Hotel, and said “Come round the back with me,” I went with him to a WC in the hotel yard, and he said “Will you take it in the mouth?” I said “No.” He took his prick out of his trousers, and said, “Come on, will you lick it?” He said “I will pull your head down and make you take it,” he pulled my head down, and put his prick into my mouth, and said “Suck me off.” I then sucked his prick until some stuff came from it, which I spit out. He did not give me anything. This took place between 7 or 8 o’clock at night.

    I also know “Spiro” a Maltese. On the Saturday night following on the Thursday night when I met the “Kid”, “Spiro” met me at the picture show, and said to me, “What are you doing down here?” I said “Minding my own business.” He said, “Is that so?” I said “I’m going to the pictures.” He said “What about coming down the river bank with me?” I said “No.” He said “You better come with me.” I said “What for? Are you coming at the same stunts too?” He said “What about it tonight?” I said “What?” He then took hold of my hand and led me down the river bank and over the footbridge into the park. He said “Pull your trousers down.” I said “No.” He said “If you don’t, I will.” He then pulled my trousers down, he then pulled his prick out, I was lying on my back, he rolled me over, he spit on his prick, and then put it in my bum and kept it there about a minute. He kept me in the park about an hour, he did it to me again, he did not give me anything. He asked me to meet him down the street. I did not meet him.

    He said “If you don’t keep your mouth shut I will shoot you, and cut your head off with a razor.”

    The Maltese they call “Kid” said to me after he had put his prick into my bum, “If you say anything about this, I will kick your guts in.”

    I said to both of them “I will pimp on you,” they both told me they would shoot me after they came out of gaol.

    I have heard this statement read over to me, it is true in every particular, it is made voluntarily, and no inducement made to me to make.

Witness [Signed] W Fleming.

[Signed] AJ McMillan.

1

[Case] 569

Rex versus Joe Schembera.

    This Deponent sworn states:– My name is Willie Fleming I am a Police Constable stationed at Casino. At 11 am on the 6th instant 19 Maltese were brought to the Casino lock up exercise yard. Sergeant McIntosh said to them “You are here for the purpose of identification as certain complaints have been received as regards Maltese. You can place yourselves in any position you think fit in the line.” This they did. Alexander John McMillan was then brought into the exercise yard and Sergeant McIntosh said to him “I want you to have a look along this line of men and place your hand on any of the men you have complained of interfering with you.” He walked up to accused now before the Court and placed his hand on his shoulder. Accused was then brought out of the line and confronted with Alexander John McMillan. Sergeant McIntosh said to accused “I am going to ask you certain questions. You needn’t answer unless you wish but whatever you do say will be given in evidence.” The questions and answers were taken down in writing in the book and are as follows: Question (Sergeant McIntosh to McMillan) “You know why you were called here. Why did you pick this man?” A. “I picked him because he was the man who did it.” Q. “Did what?” A. “Took my trousers down and took his trousers down and rolled me over and did it to me. He stuck his prick into my bum.” Q. “When was it?” A. “Last Saturday night.” Q. “Did he give you anything?” A. “A few bob.” Q. “How much?” A. “I don’t know how much.” Q. “How did you happen to be in the park?” A. “He met me at the picture show and said ‘How about coming over to the park?’ I went with him.” Q. “Did he say anything about being a pimp or pimping on him?” A. “He said if I pimped on him he would shoot me and cut my head off with a razor.” Sergeant McIntosh to accused, “You heard what he said.” A. “I had nothing to do with him. How can you prove it? Last Saturday night I was in Lismore. I got witnesses, Mrs Jack Howard, Fred and

2

[Case] 569

Cherry I come back last Monday morning I prove to that.” He was then charged as he now stands charged and made no reply.

    To Mr Kissane: I didn’t interview these witnesses he mentioned. He asked the interpreter to get in touch with them. I had interviewed McMillan previously and taken something from him in writing.

[Signed] W Fleming.

Taken and sworn at Casino, this 16th day of September 1930 before.
[Signed] E[dward] A[ugustus] Mahony, PM.

3

[Case] 569

    This Deponent sworn states:– My name is Alexander John McMillan I reside at South Casino with my parents. The accused had something to do with me several times. It first happened on a Saturday night after the pictures about three weeks ago. It didn’t happen again after that I met him at the picture show at about 7 or 8 o’clock in the night. He said to me “What about coming over the river bank?” I said “No.” He said “You had better come over to the park with me.” I went over the park with him and he said “Will you take down your trousers?” I said “No. What are you coming at?” He said “Don’t be silly, lay down on your belly and I will put a bit up your bum.” I said “Let me go.” He pulled down my trousers and put his prick up my bum. I stayed there all night with him, I didn’t want to but he wouldn’t let me go. He gave me two bob. He said “If you pimp on me I will shoot you next time I come out.” I didn’t tell anybody about it. That was the only time I had anything to do with him. I knew his name, I told the Police. I call him Spero. I remember making a statement to the Police. The signature on the tatement 17 shown not produced to me is mine.

    To Mr Kissane: I am twenty. I was over fourteen months at school. I don’t know what time of the year Christmas comes. There are twelve days in a week. There are seven months in a year. There are twelve days in a fortnight. I can read and write a bit but not much. I had never heard before that my brother was going with some of these Maltese. I know it was a wrong thing for him to do to me I knew the Police might take him for what he did. That is the first time in my life that anything of that kind had ever been done to me. I was in the park that night for about a quarter of an hour. I don’t know how many minutes that would be. There would be two hours different between a quarter and a half an hour. Tow [sic] men have done this wrong thing to me. It was only done twice.

4

[Case] 569

I tried to stop accused from doing it to me. He was too strong for me though. He did it to me only once. He let me up after he did it once. I went home then. I don’t know how long it took him to do it. I saw the Police on the way home I didn’t tell them because I was frightened accused would shoot me. The other man did it to me about two or three days after. He did it without my letting him do it. I had never heard of that sort of thing being done to a boy before. The statement I gave to Constable Fleming (Ex 1) was true. I knew who accused was when he met me outside the picture show. I knew him at Grady’s Creek but he never did anything like that to me at Grady’s Creek. I knew Paul Kidd at Grady’s Creek. He never did anything like that to me there either. He did it two or three days after at Casino accused until the night I went over to the park with accused I never heard of taking it in the mouth. No-one had ever done it to me. Kidd told me first about taking it in the mouth. Kidd both put it in my mouth and up the bum too. I didn’t tell the Police about Kidd. He told me too that he would shoot me and cut my head off with a razor. I was frightened of him. Kidd did it only on one occasion behind the billiard room over the road from the picture show. That is the only time I did anything wrong with him.

[Signed] AJ McMillan.

Taken and sworn at Casino, this 16th day of September 1930 before.
[Signed] EA Mahony, PM.

5

[Case] 569

    This Deponent sworn states:– My name is William Alexander Standish I am a duly qualified medical practitioner and Government Medical Officer. I reside at Casino.

    I made an examination of Alexander John McMillan. I examined his rectum and found it to be easily dilated permitting admitting two fingers. The skin about the anus was somewhat reddened. He is also suffering from urethral discharge probably gonorrhoea. I took a swabbing of this for examination. The result is not yet known. His mental calibre is poor.

    His condition was consistent with unnatural practices. Contact by his penis with the penis of an affected person would possibly probably result in gonorrhoea.

    No questions.

[Signed] WA Standish.

Taken and sworn at Casino, this 16th day of September 1930 before.
[Signed] EA Mahony, PM.

~ ~ ~ ~ ~

Depositions of Witnesses.

(To accompany all cases of committal for trial.)

State of New South Wales,
TO WIT.                                 }

    The examination of William Alexander Standish of Casino in the said State, medical practitioner, Willie Fleming of Casino Police Constable and Alexander John McMillan of South Casino in the said State, taken on oath this sixteenth day of September 1930, at the Casino Police Court, in the said State, before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of Frank Borg (hereinafter called the accused) who is charged before me for that he the said accused on or about the 28th day of August in the year of Our Lord one thousand nine hundred and thirty at Casino in the said State, did assault one Alexander John McMillan and then wickedly and against the order of nature carnally knew the said Alexander John McMillan and did commit with the said Alexander John McMillan the abominable crime of buggery.

1

[Case] 583

    William Alexander Standish on oath says I am a duly qualified medical practitioner and Government Medical Officer at Casino. I examined Alexander John McMillan and found him to be suffering from urethral discharge probably gonorrhoeal. He also had a relaxed string sphincter to the anus and the skin around the anus was reddened. This condition was consistent with unnatural offences. I took a swabbing the result of what is not yet known. I also took a swabbing from accused. He had a slight urethral discharge watery in nature which is possibly due to gleet of chronic gonorrhoea. Supposing he had come in contact with the private of another person it would be possible for that person also to contract gonorrhoea.

    To Mr Kissane: It is almost a certainty that the boy McMillan is suffering from gonorrhea. I formed that opinion from the boy’s person and not from what he told me. He never said a word while I was examining him. He told me of nothing to account for gonorrhoea. He was asked certain questions. He did not indicate any person from whom he might have contracted gonorrhoea. If the accused was suffering from gonorrhoea and committed sodomy with the boy you might find a gonorrhoeal discharge from the anus. There was no sign of this. The anus was dilated and showed penetration but I can’t say by whom. It is a possibility that accused could have had connection with the boy without the boy showing signs of gonorrhoea if the skin around the anus was not broken. I could see no abrasions round the anus. There had been connection at a recent time before I saw him. There had been was no sign of recent connection and by recent connection I mean a week. There was evidence that connection had taken place at a period not much longer than a week before but it is hard to say when it comes to a matter of days.

    From accused’s person I would have expected to see abrasions. There would be a distinct possibility of

2

[Case] 583

the anus showing signs of affection infection.

    Seeing there was no gonorrhoea in the rectum there was a presumption in favour of the accused.

    The accused I understand asked to be examined. I found no disease of the genital organs in this man. So far as gleet is concerned there is no difference from the discharge from gonorrhoea and a discharge from one of the glands. Both are watery. When looking at accused I noticed moisture about the penis which suggested gleet and I asked him to press his penis forward. There is a The discharge may be from a gland especially after erection. There is another gland apart from the prostate which will account for these watery discharges in a male. There is another gland seminary vesicle which would account for discharge.

[Signed] WA Standish.

Taken and sworn at Casino this 16th day of September 1930 before.
[Signed] EA Mahony, PM.

3

[Case] 583

    This Deponent sworn states my name is Willie Fleming I am a Police Constable stationed at Casino. At 11 am. About 4 pm on 7th instant accused was brought to the Casino lock up and placed in the exercise yard where there were eleven other men, eight being Maltese. Sergeant McIntosh said to accused “You can place yourself in any position in this line of men that you think fit.” This he did. Sergeant McIntosh said to him “Are you satisfied?” He replied “Yes.” Alexander John McMillan was then brought in to the exercise yard and Sergeant McIntosh said to him “I want you to look along this line of men and place your hand on any of the men that you say have interfered with you.” McMillan walked up and placed his hand on accused’s shoulder. Accused was then brought out of the line and into the charge room. He was confronted with McMillan. Sergeant McIntosh said to accused “I am going to ask you certain questions. You needn’t answer them unless you wish but whatever you do say will be taken down in writing and given in evidence.” The questions and answers were taken down by me in a notebook and are as follows. Sergeant McIntosh to McMillan “What reason have you for identifying this man from the line of men?” A. “Because he did something to me.” Q. “What do you mean by ‘doing something’?” A. “He took me down the back.” Q. “Where did you see him?” A. “Near the billiard room and he said ‘What about coming round the back?’ I said ‘What back?’ He said ‘ Behind the billiard room and behind the lavatory.’ We went down to the lavatory.” Q, “What did he say to you?” A. “‘What about taking down your trousers?’ I said ‘No.’ He said ‘What about taking it up the bum. Here’s two shillings, what about gobbling it off?’ I said ‘No.’ He said ‘If you don’t I’ll pull your head down to it.’ He had his prick out and I took it in my mouth. I sucked it until the stuff came out. And I spat it out. He then said ‘I’m going home now’.” Q. “What time was it?” A. “Between seven and eight o’clock last Friday

4

[Case] 583

week.” Q. “Did you ever meet him before that?” A. “Yes, near a hotel.” Q. “Did anything happen?” A. “Yes, in the hotel yard.” Q. “Which hotel?” A. “Near where we used to live.” Q. “When did it happen?” A. “I am not sure about the date.” Q. “What did he say?” A. “He said ‘What about coming round the back and sucking it off’.” Q. “Did you go around the back and what happened?” A. “Yes, I went round the back and sucked it off.” Q. “Did he ever put it anywhere else?” A. “Yes, in my bum.” Q. “Where did that happen?” A. “In behind the billiard room. He said ‘What about pulling down your trousers.’ I said ‘What do you think I am, a man or a woman?’” Q. “What did he say to that?” A. “He said if I pimped on him he would shoot me and cut my head off with a razor.” Q. “How many times did this happen?” A. “Twice, it was the same night that I gobbled him off.” Q. “Did you see his privates?” A. “Yes, he spat on it and I told him not to go too hard, it hurt and he went quick.” 18 Q. “You have heard what this man has said about you. Do you want to say anything?” A. “It is all lies and I want a doctor to examine him and me. If I done it I’ll pay for it and if I haven’t done it I won’t pay for it.” Accused was then charged as he now stands charged and made no reply.

    To Mr Kissane: I understood McMillan to mean the billiard room in Barker Street. That was where the first offence complained of is said to have taken place. The latter offence is stated to have taken place in a hotel yard near where he lived. I took it that he may have meant the Royal Hotel which was two or three doors from where he used to live. I would take it to be the Royal Hotel because that was the closest to where he lived. He alleges a third occasion behind the billiard room. That was later than the previous two. On that occasion the boy alleges that accused entered his back passage. On the I took it that accused meant twice at the billiard room and once at the hotel yard.

[Signed] W Fleming.

Taken and sworn at Casino, this 16th day of September 1930 before.
[Signed] EA Mahony, PM.

5

[Case] 583

    This Deponent sworn states, my name is Alexander John McMillan. I am residing with my parents at South Casino. Some time ago I was residing on this side close to a hotel down the main street. The name of the hotel is the Royal Hotel. The accused is one of the men who interfered with me. It happened first two or three days ago. It happened twice. I knew accused at Grady’s Creek under the name of Kid. I knew him pretty well. Two months before I was brought to the lock up ago was the first time he had anything to do with me. It took place behind the billiard room opposite the picture show at night. He said “What about coming round the back?” I said “Who do you think I am, a man or a woman?” He said “Do you think I’m mad?” I said “NO.” He said “What about taking off your trousers?” I said “No.” He then undid my belt and took down my trousers and stuck his prick in my bum. I said “Get away you dirty dog.” After that he pulled down my head and stuck it in my mouth. He said “I’ll tell you when it’s coming.” I then sucked until the stuff came out and then spat it out. It was in the closet yard at the back of the billiard room. He gave me two bob. He said “If you pimp I will shoot you and kick your guts in and cut your head off with a razor.” The next time was down behind the Royal Hotel. I lived alongside the Royal Hotel at that time. That was night time, between seven and eight o’clock. I was standing on the corner when he called out “Come here Jack.” He said “What about coming round the back with me? Which is the best place to go? In the shit house?” He then said “What about sucking this off.” We had gone into the place mentioned. I said “No, I don’t take it in my mouth.” I took it in my mouth then because he forced me by pulling my head down. He said “Take it in your mouth and I’ll give you two bob. Suck it off till it comes.” I did. That was all, there was no other occasion. I have a disease for which the doctor is treating me. Before that would take place I used to rub my prick against his.

6

[Case] 583

I told that to the doctor.

    Accused never did anything to me at Grady’s Creek, no-one ever did anything to me there. The first time anything was done to me either in my mouth or through my back passage was in Casino. Accused was the first man to do anything of this kind to me. Up to the time he did this I had never heard of these things happening. It was two months before I was pit [sic] in the cells that accused did anything to me.

    That was behind the billiard room. That time he got up my back passage. At that same time I took it in my mouth. That is the first time I ever did that. That is the only time that anyone has interfered with my back passage. I only took it in my mouth twice. Once at the billiard room and once at the Hotel Royal. He is the only man who has ever done anything wrong to me. There was nobody else I am quite certain. He did it three times in all. Kid (accused) was the first to ask me to rub my private against him and he is the only one who ever asked me.

    That was two months before he asked did it to me behind the billiard room. I first told someone of this rubbing his part against mine at the lock up when I told the Sergeant. That was before I saw the doctor. The Sergeant told me there was something wrong with me before I saw the doctor. I had shown my person to the Sergeant before the doctor saw me. The Sergeant told me I had the “pox”. That was after I had been in the lock up yard I didn’t say anything about that to the accused when we were in the yard I don’t know why. When the Sergeant told me I had this disease he asked me if I put my parts against Kidd’s and for the first time I said I did. So far as my back passage was concerned it took place at the billiard room and at the Royal Hotel only.

    To Sergeant: When you told me I had a disease you said “Did you go with any woman?”, and I said “No.” You don’t ask me any more questions about how I got it. I told you I couldn’t do my water. I didn’t tell you anything else.

[Signed] AJ McMillan.

Taken and sworn at Casino, this 16th day of September 1930 before.
[Signed] EA Mahony, PM.

7

[Case] 583

At this stage Mr Kissane refers to the evidence in the last case and to the exhibits therein.

[Signed] EA Mahony, PM.
PS Exhibits (?) Depositions referred to are attached and marked “X”.

~ ~ ~ ~ ~

F. 2.– “Justice’s Act, 1902.”

Statement of the Accused.

State of New South Wales,
TO WIT.                                 }

    Frank Borg (hereinafter called the accused) stands charged before the undersigned, [one] of His Majesty’s Justices of the Peace in and for the said State, this ninth sixteenth day of September, 1930, for that he the accused, on or about the 28th day of August 1930, at Casino in the said State, did assault one Alexander John McMillan and then wickedly and against the order of nature carnally knew the said Alexander John McMillan and did commit with the said Alexander John McMillan the abominable crime of buggery and the said charge being read to the accused, and the witnesses for the prosecution, William Alexander Standish, Willie Fleming and Alexander John McMillan being severally examined in his presence, and (the depositions of the said witnesses having been read to him), the accused is now addressed by me the said Justice as follows:– “Having heard the evidence, do you with 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 against you in evidence at your trial; and you are also informed, and are to clearly understand, that you have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to you to induce you to make any admission or confession of your guilt, but whatever you now say may be given in evidence against you upon your trial notwithstanding such promise or threat.” Whereupon the accused saith as follows:– “I plead not guilty and reserve my defence.” [Signed] Frank Borg.

    Taken before the undersigned Justice and read over to the said defendant at Casino in the said State, the day and year first above mentioned.
[Signed] EA Mahony, PM.

~ ~ ~ ~ ~

G. 190.

New South Wales,
TO WIT.                    }

REX.
versus
Frank Borg

Offence: Sodomy

    The accused stands committed to take his trial at the next Court of Quarter Sessions Circuit Court to be holden at Lismore, in the State of New South Wales, on the First 24th day of December September 1930, or at such other Court to be holden at such place and time as the Attorney-General may appoint. Bail allowed the accused in £200 and two sureties in £100 each, or one in £200

[Signed] EA Mahony, PM

JP.

Dated at Casino in the said State this 9th day of September 1930
(May), 1930.) 21857

~ ~ ~ ~ ~

“Justice’s Act, 1902.”

Recognizance of Witnesses to give Evidence at Court of Quarter Sessions or Gaol Delivery.

State of New South Wales,
TO WIT.                                 }

    Be it remembered, that on the sixteenth day of September 1930 William Alexander Standish of Casino Medical Practitioner Willie Fleming of Casino, Police Constable Alexander John McMillan of Casino personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged themselves to owe our Sovereign Lord the King the sum of forty pounds each, of good and lawful money of Great Britain, to be made and levied of their goods and chattels, lands and tenements, to the use of our said Lord the King, his Heirs and Successors, if they the said before mentioned persons shall fail in the condition indorsed hereunder.

    The condition of the within written recognizance is such, that whereas Frank Borg (hereinafter called the defendant) was this day charged before Edward Augustus Mahony, Esquire, one of His Majesty’s Justices of the Peace for the said State, with sodomy.

    If, therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Lismore in and for the State of New South Wales, on Wednesday the 24th day of September 1930 at ten of the clock in the forenoon, or at such other Court, to be holden at such time and place as the Attorney General may appoint, of which such last mentioned Court each of them shall receive due notice, and then and there give such evidence as they know, upon an information to be then and there preferred against the said defendant for the offence aforesaid, to the jurors who shall pass upon the trial of the said defendant, then the said recognizance to be void, or else to stand in full force and virtue. [Signed] AJ McMillan, WA Standish, W Fleming.

    Taken and acknowledged the day and year first above mentioned at Casino in the said State, before me.
[Signed] RV Carroll, JP.

~ ~ ~ ~ ~

(Charge) Case No. 583 of 1930.

Clerk of Petty Sessions, Casino
8th September 1930.

    Frank Borg (aged 23) is charged for that on or about the seventh twenty eighth day of September August 1930, he did at Casino in the State of New South Wales, assault one Alexander John McNeil McMillan and then wickedly and against the order of nature carnally knew the said Alexander John McNeil McMillan and did commit with the said Alexander John McNeil McMillan the abominable crime of buggery.
    Pleads -----
Remanded till 9/9/30. Bail allowed self in £150 and one surety of £150 or two in £75.
[Signed] CJM Hade.

Adjourned to 16.9.30. Bail not applied for.
[Signed] EA Mahony, PM. 9.9.30.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Supreme Court.
Lismore
24th September 1930
AG’s No. -----
Depositions.
CS’s No. 8.
Rex
v.
Frank Borg
Sodomy & Indecent assault upon a male person
Committed at: Casino
on: 9th September 1830

~ ~ ~ ~ ~

Court. Supreme Court Lismore
Date. 26th September 1930
Cor. Halse Rogers Judge.
Plea. Not guilty
Verdict. Not guilty
Judgment. -----
EF McDonald
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.

~ ~ ~ ~ ~

Justice PH Rogers notebook 19

55

[Lismore Circuit Court] 26 September 1930
R v Frank Borg
Mc Donald CP
Collins for prisoner
1. Buggery
2. Indecent assault on male person
Pleas: 1. not guilty  2. not guilty
    Alexander John McMillan
    Willie Fleming
    William Alexander Standish
Crown Case
    Frank Borg
Case for Defence
    Standish recalled
Case in reply
3 pm Collins addresses
3.8 pm McDonald addresses
3.10 pm I sum up
3.21 pm Jury Retire
3.30 pm Jury return
Verdict: Not Guilty

~ ~ ~ ~ ~

Barrier Miner, Sat 27 Sep 1930 20

FIVE MALTESE CONVICTED
OF A SERIOUS OFFENCE
———◦———
JURY RECOMMENDS
THEIR DEPORTATION
———

Lismore, Saturday.

    After convicting five Maltese of unnatural offences at Casino, the jury added a rider to their verdict that they should be deported.

    Mr Justice Halse Rogers said this question was outside his jurisdiction, but he had no doubt that the recommendation would receive the serious consideration of the authorities. One of the Maltese was sentenced to seven years’ imprisonment and the other four to three years. A sixth man was acquitted.

~ ~ ~ ~ ~

Casino and Kyogle Courier and North Coast Advertiser, Sat 27 Sep 1930 21

SEVEN YEARS’ GAOL
————
MALTESE ESPOILER SENTENCED.
————
CASINO’S REVOLTING CASES.
————

    The trial of the Maltese who were committed in the Police Court at Casino in connection with unnatural offences against youth of 20, 16 and one lad under 16 years of age came on yesterday at the sittings of the Lismore Supreme Court, before Mr Justice Halse Rogers.

    Frank Gaech pleaded guilty to interference with the youngest lad. The evidence showed that he was caught in the act of committing an abominable offence. He was sentenced to seven years, with hard labour.

    Jack Xureb, Frank Galea, Jim Borg and Sam Zhra were brought in guilty and each sentenced to three years’ gaol.

    Frank Borg, charged with a similar offence to the others, was brought in not guilty and acquitted.

    The Casino police must be complimented for bringing to justice these men, who undoubtedly were a menace to the community.

~ ~ ~ ~ ~

Morning Bulletin, Sat 27 Sep 1930 22

UNNATURAL OFFENCES
———◦———
FOREIGN PERVERTS
———
HEAVY SENTENCES
———
JUDGE’S COMMENTS

Lismore, September 26.

    Six Maltese were before Mr Justice Halse Rogers and a jury in the Circuit Court to-day charged with having committed unnatural offences. One was sentenced to seven years, four others to three years and one was acquitted.

    The jury added a rider to the verdict that the accused found guilty should be deported.

    His Honor said deportation was outside his jurisdiction, but it would receive serious consideration by the authorities.

    He added that from comments in court it appeared that offences of a similar nature had been committed by a number of men in the Casino district, mostly Maltese, employed in railway construction gangs. Apart from the offences, it must also be considered that they were corrupting boys of the countryside.

    One Maltese, Jack Xuereb, asked if he had anything to say before sentence was passed, said that if sent to prison he would take the first opportunity of hanging himself in his cell.

~ ~ ~ ~ ~

The Northern Star and Richmond and Tweed Rivers Advocate, Sat 27 Sep 1930 23

MALTESE CHARGED
————
DEPORTATION RECOMMENDED
———
TERMS OF IMPRISONMENT
———

    Six Maltese were before the Circuit Court in Lismore yesterday charged with serious offences. Mr Justice Halse Rogers presided. Mr EF McDonald (Crown Prosecutor) conducted the prosecution. Mr CM Collins (instructed by Mr JJ Kissane) appeared for the defendants.

    One jury added to its verdict a rider that the accused found guilty, and the others found guilty or who pleaded guilty, should be deported. “I think no words too strong to condemn the crime,” said his Honour. “Deportation is beyond my jurisdiction, but the recommendation will be noted by the authorities and if it is possible to take steps serious consideration will be given to your recommendation.”

CHARGE ON COUNTRY

    At the conclusion of the hearings his Honour said that the sentences might not be carried out for the Government might think fit to deport the prisoners before the expiration of the sentences. The matter was outside his jurisdiction, but if the Government decided to deport the prisoners, he did not think it was essential that they should be a charge on the country for the whole of the terms, in one case seven years and in the others three years.

    His Honour also made strong comments on the revolting nature of the crimes and said that there was not only the offence to be considered but the corrupting of the boys of the countryside.

    It was stated in the Court that offences had been committed by persons engaged in the construction of railway lines in the Casino district to the border and mostly by Maltese. His Honour did not know whether the crime was a serious one in Malta, but did know that it was not seriously regarded in some Continental countries.

    Frank Grech pleaded guilty and was sentenced to seven years penal servitude.

    The following jury was empanelled to hear the charge against Jack Xuereb. DR Gilmore, OB Wilson, HE King, EC Hampton, JD McDonald, TW Gordon, AE Priddis, SG Barnes, GW Blanch, RJ Kirkland, GCC Kraus, and TG Gallagher, and found the accused guilty.

ACCUSED’S APPEAL

    Asked if he had anything to say before being sentenced the accused made an impassioned appeal to his Honour not to accept the word of a mentally deficient boy against his (Xuereb) word. Xuereb said if he were sent to gaol he would take the first opportunity of hanging himself in his cell.

    The accused was sentenced to three years’ penal servitude.

    The case against Sam Zahra was heard by the following jury: CE Whitney, CW Johnston, A Clarke, EA Arthur, FM Lee, R White, RJ Simes, AJ Bryce, WHA Jackson, TW Green, JC Miller, JA O’Flynn. The accused was found guilty and sentenced to three years’ penal servitude.

    There were two charges against Jim Borg and to one he pleaded guilty and the other was withdrawn. He was sentenced to three years’ penal servitude.

    The following jury heard the case against Frank Galea:– T Dickson, EJ Cook, A Foster, JA Leu, SJ Denning, H Larkin, SJ Bruggy, HJ Edwards, GW Blanch, HE King, HJ Keevers, SG Barnes. Peter Fenech was sworn as interpreter. The jury found the accused guilty of attempting an offence. Galea was sentenced to three years’ penal servitude.

    There were two charges against Jim Borg and to one he pleaded guilty and the other was withdrawn. He was sentenced to three year’s penal servitude.

    [sic–sentence repeated as per above] The following jury heard the case against Frank Galea:– T Dickson, EJ Cook, A Foster, JA Leu, SJ Denning, H Larkin, SJ Bruggy, HJ Edwards, GW Blanch, HE King, HJ Keevers, SG Barnes. Peter Fenech was sworn as interpreter. The jury found the accused guilty of attempting an offence. Galea was sentenced to three years’ penal servitude.

    The following jury heard two charges against Frank Borg: John Sullivan, A Taylor, CW Johnston, A Guthrie, JA Richardson, CE Whitney, JA O’Flynn, TW Green, JC Weller, AE Priddis, WA Walmsley, R White. The accused was found not guilty and discharged.

~ ~ ~ ~ ~

Townsville Daily Bulletin, Mon 29 Sep 1930 24

A REVOLTING CASE.
————

Lismore, September 26.

    Six Maltese were before Justice Halse Rogers, and a jury in the Circuit Court to-day, charged with unnatural offences. One was sentenced to seven years, four others to three years and one was acquitted.

    The jury added a rider to their verdict that the accused found guilty should be deported.

    His Honor said that deportation was outside his jurisdiction, but would receive serious consideration by the authorities. He added that from the comments in Court it appears that offences of a similar nature had been committed by a number of men in the Casino district, mostly Maltese, employed in railway construction gangs. Apart from the offences, it must also be considered that they were corrupting the boys of the countryside.

    One Maltese, Jack Xuereb, asked if he had anything to say before sentence was passed, said that if he was sent to prison, he would take the first chance of hanging himself in his cell.

~ ~ ~ ~ ~

Casino and Kyogle Courier and North Coast Advertiser, Wed 1 Oct 1930 25

MALTESE DESPOILERS.
————
RECOMMENDATION FOR DEPORTATION.
————
“CRIMES TOO STRONG FOR WORDS.”
————

    As stated in last issue, when the sentences of seven years on one man and three years on four others were mentioned, six Maltese were before the Circuit Court in Lismore on Friday, charged with serious offences. Mr Justice Halse Rogers presided. Mr EF McDonald (Crown Prosecutor) conducted the prosecution. Mr CM Collins (instructed by Mr JJ Kissane, Casino) appeared for the defendant.

    One jury added to its verdict a rider that the accused found guilty, and the others found guilty or who pleaded guilty, should be deported. “I think no words too strong to condemn the crime,” said his Honor. “Deportation is beyond my jurisdiction, but the recommendation will be noted by the authorities and if it is possible to take steps serious consideration will be given to your recommendation.”

    At the conclusion of the hearings, his Honor said that the sentences might not be carried out for the Government might think fit to deport the prisoners before the expiration of the sentences. The matter was outside his jurisdiction, but if the Government decided to deport the prisoners, he did not think it was essential that they should be a charge on the country for the whole of the terms, in one case seven years and in the other three years.

    His Honor also made strong comments on the revolting nature of the crimes, and said that there was not only the offence to be considered, but the corrupting of the boys of the countryside.

    It was stated in the Court that offences had been committed by persons engaged in the construction of railway lines in the Casino district to the border, and mostly by Maltese. His Honor did not know whether the crime was a serious one in Malta, but did know that it was not seriously regarded in some Continental countries.

    Asked if he had anything to say before being sentenced, Jack Xureb made an impassioned appeal to his Honor not to accept the word of a mentally deficient boy against his (Xureb) word. Xureb said if he was sent to goal he would take the first opportunity of hanging himself in his cell.

~ ~ ~ ~ ~

The Sydney Morning Herald, Thu 13 Nov 1930 26

LAW NOTICES.
————
Thursday, November 13.
————

QUARTER SESSIONS.

    No. 1 Court.—William Herbert Tarlington, being armed, assault with intent to rob; Frank Borg, malicious wounding;

~ ~ ~ ~ ~

The Sydney Morning Herald, Fri 14 Nov 1930 27

QUARTER SESSIONS.
(Before Judge Armstrong.)

    Mr TS Crawford, Crown Prosecutor.

MALTESE QUARREL.

    Frank Borg, a Maltese, wharf labourer, was charged with having maliciously wounded another Maltese, Joe Muscat, in Riley-street, on October 2.

    The jury returned a verdict of not guilty, and Borg was acquitted and discharged.

    Mr Corringham (instructed by Messrs J Hickey and Quinn) appeared for the accused.

 



Frank Borg
, 1931

 

The Sun, Tue 28 Apr 1931 28

FOUND BAIL
————
ALP SEC. TO RESCUE
————
TOWN HALL MELEE

    The general secretary of the ALP, (Mr JJ Graves) last night went ball for the eight men who were charged as a result of the melee outside the Town Hall.

    The bail fixed by the police totalled in all cases £230.

    Although it was after 9 o’clock at the time, the money was immediately forthcoming.

MANY CHARGES

    The Police Prosecutor (Constable Magney) stated in the Central Police Court to-day that as the result of the injury he received outside the Town Hall last night, Inspector Lynch would not be able to resume duty for several days.

    Laurie William Gardiner (34), Clarence Dawes (23), Frank Borg (23), James Dale (25), Robert Chapman (25), Andrew Francis Maloney and Robert Pinkner (31) were all charged with offences arising out of the disturbance.

    Borg, who was the only man who did not wear a red ribbon in his coat lapel, and Pinkner were remanded until May 12. The others were remanded until May 11. Ball was allowed in each case.

————————

Women’s Rally at Town Hall: Mrs Lyons at Feminist Club.—See Page 10.

~ ~ ~ ~ ~

The Sun, Tue 12 May 1931 29

WHY DO IT?
———◦———
SM’S QUESTION
TOWN HALL RIOT
————
Civilian To The Rescue

Further charges arising out of the riotous scenes outside the Town Hall during an AFA rally on the night of April 27 were heard in the Central Court before Mr Fletcher, SM, to-day.

    Robert Pinkner, aged 31, laborer, pleaded not guilty to having behaved in a riotous manner in Druitt-street and also of having resisted Constable Page.

    In his defence Pinkner suggested that he was trying to run away from the crowd and had fallen down when the constable saw him. He denied he belonged to the Communists.

Wrong Methods

    “I cannot understand what you men expect to gain by all this. If you adopted constitutional means you might have some of your grievances remedied. In this country I am afraid you are going the wrong way about doing anything to help yourself or those you set yourself up to represent.”

    On the charge of riotous behavior Pinkner was ordered to enter into a recognisance of £10 to be of good behavior for two years, in default, 20 days’ imprisonment. On the charge of resisting the constable, he was fined £2 or four days’ hard labor.

    Frank Borg (23), laborer, who said he belonged to the Communist Party, pleaded not guilty to charges of having used indecent language and of having behaved in an offensive manner. On the first charge he was fined £2, with the alternative of four days in gaol, and on the second charge 10s, or one day.

~ ~ ~ ~ ~

The Sydney Morning Herald, Wed 13 May 1931 30

COMMUNIST RIOT
———◦———
At Mr Lyons’s Meeting.
————
DISTURBERS IN COURT.
————

    Arising out of the disturbance outside the Town Hall on April 27, during an AFA rally, prosecutions against several Communists were continued at the Central Police Court yesterday.

    Robert Pinkner, 31, was charged with having behaved in a riotous manner in Druitt-street, and with having resisted the police.

    “I cannot understand what you men expect to gain by this,” said Mr Fletcher, SM, in convicting Pinkner. “If you adopted constitutional means you might have your grievances remedied; but in this country you are going the wrong way about doing anything to help yourselves or those you set yourselves out to represent.”

    Defendant was bound over to be of good behaviour for two years on the first charge, and was fined £2 for having resisted the police.

    Frank Borg, 23, was fined £2 for having used indecent language outside Clarence-street police station, and 10/- for having behaved in an offensive manner.

    Clarence Richmond Dawes, sheetmetal worker, was proceeded against on three charges—offensive behaviour, indecent language, and resisting the police.

    Dawes claimed that he had no opportunity of resisting arrest, for while he was on the ground there were six policemen on him, “like a pack of wolves.”

    Sergeant Dennis said defendant was one of the crowd that last year marched out to Clovelly and wrecked a house, and was sentenced to six months’ Imprisonment.

    Dawes said that Constable Neville, knowing him by the Clovelly “frame up,” was persecuting him as a Communist.

    Mr Fletcher said that a man was at liberty to be a Communist as long as he acted within the law, but if the Communists were allowed to take the law into their own hands the whole community would be a rabble in no time.

    Dawes was fined in all £4/10/-, and was ordered to enter into a bond to be of good behaviour for two years, in default one month’s imprisonment, but he told Mr Fletcher he would not enter into the bond.

~ ~ ~ ~ ~

The Workers’ Weekly, Fri 15 May 1931 31

LANG’S PROTECTION
FOR FASCISTS
———◦———
Role of Social Fascism As
Forerunner of Fascism

Sydney, May 12th.

    Several workers were viciously sentenced to terms of imprisonment for participating in an anti-fascist demonstration on the occasion of Lyons’ meeting at Sydney Town Hall; A Lynch, six months on each of three charges of assaulting the police; J Daly, £10 or 20 days on each of two charges of assault; A Maloney, riotous behaviour, £1 or two days; R Chapman, £2 or four days, assault; L Gardiner, assaulting Inspector Lynch, three months; Clarence Dawes, £4/10/-, riotous conduct; Roberts £4/10/- or one month, riotous conduct; Robert Pinker, fined £2; Frank Borg £2/10/-.

    Social fascism prepares the way for fascism by giving all the protection possible to the fascist and semi-fascist organisations, and Lang again demonstrates his unity with the capitalist class by using the State machinery to smash the workers resistance.

    All working class bodies should immediately send in protests to the goal awaiting their imprisonment and for their unconditional release and the removal from the force of pimp-provocateur Neville, who was responsible for the beginning of the fracas.

EG Finney, Nat. Sec., ICWPA.

 



Frank Borg
, 1936

 

Northern Star, Tue 4 Feb 1936 32

ALLEGED STABBING
————
CHARGE AGAINST FARMER

Sydney, Monday.

    A sequel to the stabbing affray at the Municipal Fruit Markets to-day was the appearance at Central Police Court later of Frank Borg (28), farmer, on a charge of having maliciously wounded Charles [Hamilton] Lambert. Borg was remanded for a week, bail being refused.

    According to the police, Lambert was stabbed in the abdomen and is now in hospital in a very grave condition. On behalf of defendant it was alleged that Lambert was the aggressor. It was not denied that a knife had been used.

~ ~ ~ ~ ~

The Sydney Morning Herald, Tue 4 Feb 1936 33

ALLEGED STABBING.
———◦———
QUARREL IN MARKETS.
———
FARMER CHARGED.
———

    Frank Borg, 28, farmer, was charged at the Central Police Court with maliciously wounding Charles Lambert.

    Sergeant Toole (police prosecutor) stated that during a quarrel, Borg pulled out a knife and stabbed Lambert in the stomach, nearly disembowelling him. Lambert was taken to Sydney Hospital and operated on immediately. His condition was stated to be very critical.

    Mr Farrington, SM, remanded Borg to February 8, and refused bail.

~ ~ ~ ~ ~

The Central Queensland Herald, Thu 6 Feb 1936 34

ROW OVER POTATOES
———◦———
MAN SLASHED IN ABDOMEN

Sydney, February 3.

    During an argument over potatoes at the municipal fruit markets this morning, Charles Lambert, 32, commission agent, of Terrigal, was so severely slashed in the abdomen with a large knife that he is in a precarious condition.

    The first intimation that the crowd in the markets had of the dispute was when two men started fighting. After several blows were struck Lambert screamed and fell in a pool of blood. He was taken to hospital.

    Detectives found a large knife near some packing cases.

    Frank Borg, 29, farmer, was charged in the Police Court today with having maliciously wounded Charles Lambert, 32, commission agent, of Terrigal.

    The police prosecutor (Sergeant Toole) said that during a quarrel at the municipal fruit market today Borg pulled out a knife and stabbed Lambert in the stomach, almost disembowelling him. Lambert was taken to hospital in a critical condition.

    Borg was remanded until February 8 without bail.

~ ~ ~ ~ ~

The Sydney Morning Herald, Sat 21 Mar 1936 35

POLICE COURTS.
———◦———
WOUNDING CHARGE.

    Frank Borg, 28, farmer, charged at the Central Police Court with having maliciously wounded Charles Lambert on February 3, was committed for trial on bail of £100.

    According to evidence , quarrel took place between the parties at the Vegetable Markets, Hay-street. Lambert said that when Borg pulled out a knife, he (Lambert) said: “If you use that knife on me I’ll knock your head off,” and added: “He came towards me and I made a wild swing at him, and that’s all I remember. Lambert was admitted to Sydney Hospital with a wound in his stomach.

~ ~ ~ ~ ~

Truth, Sun 22 Mar 1936 36

ALLEGED STABBING
———◦———
AT CITY MARKETS
————
Man Wounded In Stomach
Story Of Knife Attack

    With a large wound in his stomach through which his intestines protruded, a Terrigal greengrocer was removed from the City Vegetable Markets to the Sydney Hospital on February 3.

As a sequel, Frank Borg, 28, farmer, was charged at the Central Police Court last week with maliciously wounding Charles Hamilton Lambert on February 3. He was committed for trial, bail in £100 being allowed.

    Mr WC Moseley appeared for the prosecution and Mr R Sproule, of RD Meagher, Sproule and Company, for Borg.

    Dr Marjorie Scott Young said that when she examined Lambert at Sydney Hospital on that day he had a large wound in the stomach about three inches long, a large coil of the small intestine protruding. Shown a large clasp-knife by Mr Moseley, the doctor said that it could have caused such a wound.

    “Yes, I stabbed him. He pulled my tomatoes about, called me a black —– and punched me on the jaw.” These statements were imputed to Borg by Detective Bowers in describing an alleged conversation he had had with the farmer at the police station.

    A statement alleged to have been made by Borg and produced by the officer, read: “. . . When he called me a black—– first, I pulled my knife from my pocket and said to him, ‘If you don’t go away, I will stick this into you,’ and when he punched me I pulled the knife from behind my back and stuck it into his stomach. The man then pulled up his shirt and walked away . . . I didn’t mean to hurt the man with the knife. I only meant to frighten him . . .”

    [Charles Hamilton] Lambert entered the witness-box with one hand pressed to his stomach and said that he was buying tomatoes at the markets and went to Borg’s stall. When he removed a top row to examine the tomatoes, he added, Borg, in a threatening voice told him to leave them alone.

    “I said to Borg. ‘Don't talk to me like that, or I’ll make you soft’!” said Lambert. “He put his hand behind his back, pulled out the pen-knife and held it near me. He said, ‘I’ll stick this in you’ I said, ‘If you use that knife on me, you black —–, I’ll kill you, or knock your head off,’ or something like that.

    “He came closer, I made a wild swing at him and that’s all I remember. I don’t think I ‘connected.’ I noticed his hand come up (like that) and rip down.”

    Lambert added that another man helped him to remove his clothing, and then I saw all my inside hanging out.”

    Lambert denied to Mr Sproule that he had hit Borg, but admitted that he had been charged with assaulting Borg.

~ ~ ~ ~ ~

The Sydney Morning Herald, Fri 3 Apr 1936 37

QUARTER SESSIONS.
(Before Judge Curlewis and juries.)

    Crown Prosecutor, Mr McKean, KC, instructed by the Clerk of the Peace.

BOUND OVER.

    Frank Borg, 28, farmer, appeared on a charge that at Sydney on February 3 he maliciously wounded Charles Lambert.

    The case for the prosecution was that an argument took place at the Sydney Municipal Markets, during which Lambert was stabbed with a knife. For the defence it was alleged that what took place was entirely accidental.

    The jury brought in a verdict of guilty against the accused, who was bound over in his own recognisance of £1 for one month.

    Mr Sproule appeared for the defence.

 



Frank Borg
, 1941

The Biz, Thu 16 Oct 1941 38

DANGEROUS DRIVING CHARGE.

    Frank Borg was charged, at Liverpool Police Court on Monday, with dangerous driving of a motor lorry, at Horsley Park, on September 3.

    A remand was granted to Monday next.

~ ~ ~ ~ ~

Liverpool News, Thu 16 Oct 1941 39

DANGEROUS DRIVING CHARGE.

    Frank Borg was charged, at Liverpool Police Court on Monday, with dangerous driving of a motor lorry at Horsley Park, on September 3.

    A remand was granted to Monday next.

~ ~ ~ ~ ~

The Biz, Thu 23 Oct 1941 40

DANGEROUS DRIVING CHARGE.
————
COLLISION AT HORSLEY.

    At Liverpool Police Court on Monday afternoon, Frank Borg was charged with dangerous driving of a motor lorry, in Horsley Road, Horsley, on September 3.

    Constable Schwartzer, of Parramatta, said he and Constable Cronshaw went to Horsley Road on September 4, and saw a lorry, facing south-west, against a stump on the southern side of the road. He saw marks where two vehicles had apparently met. They went to defendant’s home and examined his lorry. When asked if this was the lorry which was concerned in an accident with Luigi Borg the previous night, defendant replied, “I don’t know; I did not hit him.” There were marks on defendant’s lorry. Witness said, “Luigi tells me that you skidded after you hit him, and your lorry came over to the side of the road.” Defendant replied, “When I passed him, I drove straight on, and my wife told me someone was screaming, so I pulled up.” Asked if he had cut over sharply in front of Luigi’s lorry, he said “No.”

    Luigi Borg gave evidence that Frank Borg came up fast, swung sharply, and collided with his lorry. “There was a baby, my wife, daughter and son in my lorry,” Luigi said, “and all were injured.” The cost of repairing his lorry was £48/4/9 so far, and there was more to do. He was not related to Frank, but both were Maltese. He gave details of an argument between the wives of the two men, but not the words (which he had not heard). His wife only had a lump of dirt in her hand, not a stone, he said.

Frank Borg. Image: Tribune, (Sydney, NSW), Fri 4 Jul 1947, p. 7. Reproduction: Peter de Waal
Frank Borg. Image: Tribune, (Sydney, NSW),
Fri 4 Jul 1947, p. 7. Reproduction: Peter de Waal

    Frank Borg said he was driving his family home after the pictures at Fairfield. He said Luigi Borg drove in the middle of the roadway, and as he (Frank) passed, Luigi pushed over towards his lorry. He did not know he hit Luigi’s vehicle; did not feel any impact. He heard a scream, saw a taxi pulled up behind him, and went to see what had happened.

    The case is part heard.

~ ~ ~ ~ ~

The Biz, Thu 13 Nov 1941 41

LORRY DRIVER FINED £5.

    At Liverpool Police Court on Monday, Frank Borg, of Horsley Park, was charged with dangerous driving of a motor lorry, in Horsley Road, on September 3. His lorry collided with another.

    Mr Sproule (for defendant) contended that it was impossible to say exactly what happened.

    The PM, however, said he believed the evidence of the driver of the other lorry, Luigi Borg (no relation).

    He convicted, and fined defendant £5.

 



Frank Borg
, 1947

 

Tribune, Fri 4 Jul 1947 42

HARD TO SPEAK ENGLISH,
EASY TO SELL TRIBS.

When Maltese-born Sydney water-side worker Frank Borg joined the Australian Communist Party a month ago he had never sold a Tribune. Last week he sold 92.

    He has achieved these sales among his fellow wharfies, although he cannot yet speak English fluently.

    His first effort at Trilbune selling followed an appeal at his Party branch for more sales. He took seven Tribunes and sold them. The next issue he took seven again. Since then his sales have increased rapidly.

    Mr Borg asks the Tribune to thank those wharfies, both Maltese and Australian, who have bought Tribunes from him, and to thank the Australian workers for the understanding they have shown towards Maltese.

    “We don’t get the insults we used to,” he said.

 



Frank Borg
, 1955

 

The Biz, Wed 14 Sep 1955 43

ILL-TREATED ANIMAL
CHARGE

    If Frank Borg, of Horsley, had shot ard killed a sow pig which wandered on to his property, he would have been within his rights, legally. but because he wounded the animal he was subsequently charged with ill treating the pig. The case was heard at Liverpool court, where Smithfield constable Max Anderson told the court that on July 14 he was summoned to the property where he saw the pig tied by the leg to a stake and bleeding from wounds in the head.

    The owner of the pig James Hill of Cobham St., Horsley said the pig sustained a badly damaged eye.

    The magistrate held that the def [endan]t had the right to destroy any animal trespassing on his property, but not ill treat.

    He found the offence proved but without proceeding to a conviction, discharged def [endan]t conditionally entering into a 12 months bond.

 


1     Evening News, (Sydney, NSW), Thu 19 Mar 1925, p. 9. Emphasis added.

2     The Sydney Morning Herald, Fri 20 Mar 1925, p. 6. Emphasis added.

3     The Brisbane Courier, Mon 8 Sep 1930, p. 18.

4     The Richmond River Express, Tue 9 Sep 1930, p. 2. Spelling of names transcribed as found.

5     Casino and Kyogle Courier and North Coast Advertiser, Wed 10 Sep 1930, p. 2. Spelling of names transcribed as found.

6     The Richmond River Express, Wed 10 Sep 1930, p. 2. Spelling of names transcribed as found.

7     The Sydney Morning Herald, Thu 11 Sep 1930, p. 7. Spelling of names transcribed as found.

8     Barrier Miner, Fri 12 Sep 1930, p. 1.

9     Casino and Kyogle Courier and North Coast Advertiser, Sat 13 Sep 1930, p. 2.

10   Truth, (Syd, NSW), Sun 14 Sep 1930, p. 13. Emphasis in original and added. Names transcribed as found in the original text.

11   Casino and Kyogle Courier and North Coast Advertiser, Wed 17 Sep 1930, p. 2. Emphasis added.

12   The Richmond River Express, Wed 17 Sep 1930, p. 2.

13   The Sydney Morning Herald, Thu 18 Sep 1930, p. 10.

14   Truth, (Syd, NSW), Sun 21 Sep 1930, p. 20. Emphasis in original and added.

15   The Northern Star and Richmond and Tweed Rivers Advocate, Wed 24 Sep 1930, p. 8. Emphasis added. Spelling of names transcribed as found.

16   SRNSW: NRS880, [9/7332], Supreme Court, Papers and depositions, Lismore, 1930, No. 8. Emphasis added.

17   Mn: Ex. 1

18   Mn: To Borg

19   SRNSW: NRS5997, [3/2354], Judiciary, PH Rogers, J. Notebooks Criminal Circuit, 1928-45, p. 55. Emphasis added.

20   Barrier Miner, Sat 27 Sep 1930, p. 1.

21   Casino and Kyogle Courier and North Coast Advertiser, Sat 27 Sep 1930, p. 2. Emphasis added.

22   Morning Bulletin (Rockhampton, Qld), Sat 27 Sep 1930, p. 9.

23   The Northern Star and Richmond and Tweed Rivers Advocate, Sat 27 Sep 1930, p. 3. Emphasis added.

24   Townsville Daily Bulletin, Mon 29 Sep 1930, p. 11.

25   Casino and Kyogle Courier and North Coast Advertiser, Wed 1 Oct 1930, p. 4. Emphasis added.

26   The Sydney Morning Herald, (NSW), Thu 13 Nov 1930, p. 6. Emphasis added.

27   The Sydney Morning Herald, (NSW), Fri 14 Nov 1930, p. 8.

28   The Sun, (Sydney, NSW), Tue 28 Apr 1931, p. 7. Emphasis in original and added.

29   The Sun, (Sydney, NSW), Tue 12 May 1931, p. 11. Emphasis in original and added.

30   The Sydney Morning Herald, (NSW), Wed 13 May 1931, p. 8. Emphasis added.

31   The Workers’ Weekly, (Sydney, NSW), Fri 15 May 1931, p. 1.

32   Northern Star (Lismore, NSW), Tue 4 Feb 1936, p. 2.

33   The Sydney Morning Herald, Tue 4 Feb 1936, p. 12. Emphasis added.

34   The Central Queensland Herald (Rockhampton, Qld), Thu 6 Feb 1936, p. 22.

35   The Sydney Morning Herald, Sat 21 Mar 1936, p. 14.

36   Truth, (Syd, NSW), Sun 22 Mar 1936, p. 24. Emphasis in original and added.

37   The Sydney Morning Herald, Fri 3 Apr 1936, p. 6.

38   The Biz (Fairfield, NSW), Thu 16 Oct 1941, p. 1.

39   Liverpool News (NSW), Thu 16 Oct 1941, p. 4.

40   The Biz (Fairfield, NSW), Thu 23 Oct 1941, p. 4. Emphasis added.

41   The Biz (Fairfield, NSW), Thu 13 Nov 1941, p. 4.

42   Tribune, (Sydney, NSW), Fri 4 Jul 1947, p. 7.

43   The Biz (Fairfield, NSW), Wed 14 Sep1955, p. 16. Emphasis added.