1903, Harry Brown

Depositions for Harry Brown 15 Apr 1903 Dubbo trial ¹

(a) Town.	Letter from Bench of Magistrates at ^(a) Coonabarabran
	transmitting Depositions
(b) Name in full of accused.	in the case Regina v. ^(b) Harry Brown (half caste)
(c) Offence.	^(c) Buggery

(d) Town.	Police Office, ^(d) Coonabarabran
	12th December 1902
	Sir,
	I have the honor, by direction of the Bench of Magistrates,
	to transmit herewith the Depositions, and other documents in the
(e) Name of accused	case of ^(e) Harry Brown
(f) “His” or “her”	who has been committed to take ^(f) his
(g) “Circuit Court,” or “Quarter Sessions.”	trial at the ^(g) Quarter Session
	to be held at ^(h) Coonamble	on Monday
(h) Town where Court to be held.	the 23rd day of March 1903
	The accused is ⁽ⁱ⁾ at present confined in Coonabarabran Gaol awaiting removal to Coonamble Gaol
(i) “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 Recognizance.)
(k) 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 ^(k) for the Crown David Menary, Senior Constable of Police, Baradine; Walter Charles Blacklock, Baradine; Isabel Blacklock, Baradine; Mary Ann Emma Jane Blacklock, Baradine; Frederick George Failes, Coonabarabran. No witnesses were called for the defence
(l) Short description to enable identification.	The Exhibits enclosed are ^(l) Mrs Blacklock, a married woman deserted by her husband, was bound over on her own behalf and that of her children, WC Blacklock and MAEJ Blacklock.
	I have the honor to be, Sir, Your obedient Servant,

	[Signed] G[eorge] H[erbert] Armstrong
	Clerk of Petty Sessions
The Secretary,
Attorney General's Department.
N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates
4g 201-90

~ ~ ~ ~ ~

Police Station
Baradine 4th April 1903

Re Crown Witness Mary EJ Blacklock

Senior Constable Menary begs to report that he has made careful inquiries re whereabouts of above witness but failed to find her.

It is supposed that she will travel in a sulky with her father and then take train to Dubbo. Coonamble is situated about 70 miles from Coonabarabran and about 100 miles from Dubbo. Had this witness taken the direct route the Senior Constable is of opinion that she could reach Dubbo in about 110 miles.
[Signed] D[avid] Menary, Senior Constable.

~ ~ ~ ~ ~

Police Station Coonabarabran
31st March 1903

Crown Subpoena for service on Mary AEJ Blacklock

Constable W Goodwin No. 7160 respectfully reports that Mary AEJ Blacklock left Bugaldie on Friday the 17th instant with her father, and he stated that he was going to try to get a couple of days work at Goorianawa and then go on to Dubbo. He may still be in the vicinity of Goorianawa.
[Signed] W Goodwin, Constable.

~ ~ ~ ~ ~

Forwarded to Senior Constable Menary this witness is on her way to Dubbo with her father to attend the Circuit Court. Subpoena herewith.
[Signed] HJ Ford, Sergeant.

~ ~ ~ ~ ~

Police Station, Baradine
28th March 1903.

Crown Subpoena for service on Mary AEJ Blacklock

Senior Constable Menary begs to forward attached subpoena for service on Mary AEJ Blacklock who now resides with her father at Coonabarabran. Will Sergeant Ford please forward the original direct to the Clerk of the Peace.
[Signed] D Menary, Senior Constable.

~ ~ ~ ~ ~

[Subpoena]

New South Wales
TO WIT. }

EDWARD THE SEVENTH, by the Grace of
God, of the United Kingdom of Great
Britain and Ireland, and of the British
Dominions beyond the Seas, King, Defender
Defender of the Faith, Emperor of India

To: Senior Constable Menary, Charles Walter Blacklock, Isabel Blacklock, Mary AEJ Blacklock all of Baradine

Greetings:–
We command you and every of you, firmly enjoining you, that laying aside all pretences and excuses whatsoever, you and every of you be and appear in your proper persons, before Our Justices assigned to hold Pleas before Us, on Wednesday the fifteenth day of April next, by Nine of the Clock in the forenoon of the same day, at the Circuit Court in our State of New South Wales, in the Court House, situate in Dubbo there to testify the truth, and give evidence, on the part of the Prisoner, before Our said Justices, touching a certain information to be preferred against

Harry Brown

in the case of Unnatural offence
and that you so appear, from day to day, until the case is tried; and this you, or any, or either of you, are not to omit, under the penalty of One Hundred Pounds, to be levied upon your and every of your Goods and Chattels, Lands and Tenements, if you, or any, or either of you shall fail in the premises.

Witness the Honorable Matthew Henry Stephen, Our Acting Chief Justice of Our Supreme Court of New South Wales, at Sydney, the nineteenth day of March in the year of Our Lord one thousand eight hundred and nine hundred and three.

For the Prothonotary
MJ Dunphy
Clerk of the Supreme Court.

Crown Solicitor

~ ~ ~ ~ ~

Police Station Coonamble
1st April 1903

Re attached

Senior Sergeant Francis reports that notices of trial have been served on Harry Brown and Jane Davis and originals returned herewith completed.
[Signed] RG Francis, Senior Sergeant.

~ ~ ~ ~ ~

To Harry Brown, Coonamble Gaol

IN THE SUPREME COURT OF
NEW SOUTH WALES.
CRIMINAL JURISDICTION.

THE KING against

Harry Brown

TAKE NOTICE, that at the Circuit Court, to be holden at the Court House in Dubbo in the State of New South Wales, on Wednesday the fifteenth day of April next, at ten of the clock in the forenoon of the same day, an Indictment will be then and there filed on behalf of Our Sovereign Lord the King against you, on a charge of

Sodomy

And that you on that day, or on a subsequent day, during the said sitting of the Court, be called upon to plead to the said Indictment, and take your trial upon the said charge.

DATED this twenty fifth day of March in the year of Our Lord one thousand nine hundred and three

[Signed] W[illiam] R[ichard] Beaver
for Crown Solicitor.

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Police Station Baradine
14v February 1903

Rex versus Harry Brown (aboriginal) Sodomy

Re removal of witnesses.

Senior Constable Menary begs to report that Mary Ann Dingwell, witness for the defence and Mary Ann Emma Jane Blacklock, witness for the prosecution in case the King versus Harry Brown to be tried at Coonamble on 23rd prox. have removed from Baradine and now reside at Coonabarabran which is 70 miles distant from Coonamble.
[Signed] D Menary, Senior Constable.

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Police Station
Baradine 14th February 1903

Rex versus Harry Brown (aboriginal) sodomy

Re antecedents of witness MA Dingwell.

Senior Constable Menary begs to report that Mary Ann Dingwell witness for the defence in case the King versus Harry Brown to be tried at Coonamble on 23rd proximo, bears a good character.
[Signed] D Menary, Senior Constable.

~ ~ ~ ~ ~

C.P. 10.

In the State of New South Wales
TO WIT. }

Mrs Dingwell of Baradine

The KING against Brown: YOU are hereby commanded, that all business being laid aside, and all excuses ceasing, you be an appear in your proper person before the COURT OF QUARTER SESSIONS, at Coonamble in the State of New South Wales, on Monday the twenty third day of March next at the hour of ten o’clock in the forenoon of the same day, to testify the truth and give evidence on behalf of accused in a case of unnatural offence against

Harry Brown

and that you so appear from day to day until the case be tried and that you depart not without leave of the Court, under the penalty of One hundred Pounds. And this you are in no wise to omit.

GIVEN under my Hand, at Sydney in the said State, this twelfth day of January in the year of our Lord One thousand nine hundred and three

[Signed] WR Beaver
Clerk of the Peace.

~ ~ ~ ~ ~

1534

Department of the Attorney General and of Justice
2nd February 1903

Dr FG Failes Coonabarabran asking to be relieved of the necessity of attending as witness at Coonamble Quarter Sessions on 23rd March.

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Coonabarabran
28th January 1903

The Solicitor General, Sydney

Dear Sir,

Having been called as a medical witness at the Coonabarabran Police Court I am bound to appear at Coonamble Quarter Sessions on 23rd March to give evidence against Harry Brown charged with sodomy.

As I have not examined the boy, the subject of the alleged offence till some considerable time after the alleged date of the offence, not unnaturally my evidence was purely of a negative character, and if such negative evidence is desired to show whether permanent injury was resulted to the boy could it not be given equally well by a local practitioner at Coonamble? Having to attend the Quarter Sessions at Coonamble is a matter of great inconvenience to me as well as expenses as I would need to obtain the service of a locum tenens from Sydney and the allowance granted me would not nearly recoup me for the outlay necessitated. For the above reasons I would respectfully ask that I be relieved of the necessity of attending the Quarter Sessions at Coonamble.

I am yours very truly,
[Signed] Fred G Failes.

~ ~ ~ ~ ~

5.2.03

It appears to me that similar evidence can be given by a local medical man, referred to the Crown Prosecutor.
[Initial illegible.]

~ ~ ~ ~ ~

03/1,534.

Fred G Failes, esquire, MRCS
10th February 1903

Sir,

Rex versus Harry Brown, sodomy

Referring to your letter of the 28th ultimo, asking to be excused from attending as a witness at the Coonamble Quarter Sessions on 23rd March next in the above case, I am directed to inform you that the Solicitor General has approved of your being exempted from attendance at the Court mentioned, in accordance with your request.

I have the honour to be, Sir, your obedient servant
Under Secretary.

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PRISONER’S APPLICATION OR STATEMENT.

Coonamble Gaol,
8th January 1903

From Prisoner: Harry Brown

Subject: Application for subpoena

I beg to apply for a subpoena for the following person as witness for my defence.

Name: Mrs Dingwell, Address: Baradine.
[Signed] Harry (his X mark) Brown

Forwarded to the Clerk of the Peace, this prisoner is an aboriginal the gaol mentions this fact as the Crown may provide Counsel for him for his trial.
[Signed] Charles Neh, Acting Gaoler.

Coonamble 8.1.03

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Police Station
Baradine 24th December 1902.

Rex versus Harry Brown, charged with sodomy.

Senior Constable Menary begs to report that accused, Harry Brown, when not employed as Police Tracker, has never lived in camps with full blood blacks.

He is a half caste native of New South Wales and says he was reared by white people at the Eulo Creek in the vicinity of Narrabri.
[Signed] D Menary, Senior Constable.

~ ~ ~ ~ ~

Police Station, Coonabarabran
23rd December 1902.

Rex versus Harry Brown sodomy committed for trial Coonamble Quarter Sessions 23.3.03.

Sergeant Ford begs to report that he is unable to supply the information asked by the Clerk of the Peace.

All papers forwarded herewith to Senior Constable Menary, who no doubt will be able to give the required information, and return papers to Mr Sutherland.
[Signed] HJ Ford, Sergeant.

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NEW SOUTH WALES POLICE.

North Western District,

Coonabarabran Station.
12th December 1902.

Report relative to antecedents of:–

Name: Harry Brown (half caste aboriginal)
Offence: Sodomy
Committed for trial at: Coonamble Quarter Sessions
Date: 23rd March 1903

Sergeant Ford reports:– That nothing is known as to accused’s antecedents, this appears to be his first offence.

Accused is 27 years of age, and has lived in the Narrabri district many years. He has been employed as Tracker for the past 20 months at Baradine Police Station.

~ ~ ~ ~ ~

Does the accused when not employed as Police Tracker ordinarily live in camp with full blood blacks?

Is he a half caste native of New South Wales?
[Signed] WR Beaver, Clerk of the Peace, 19.12.02.

~ ~ ~ ~ ~

(M., 11 and 12 Vict., Cap. 42.)

Depositions of Witnesses.

Coonabarabran
TO WIT. }

The examination of David Menary of Baradine in the State of New South Wales, Charles Walter Blacklock, Isabel Blacklock, Mary Ann Emma Jane Blacklock of Baradine and Frederick George Failes of Coonabarabran, in the said State, taken on Thursday, this 11th day of December in the year of Our Lord one thousand nine hundred and two at Coonabarabran in the State aforesaid, before the undersigned, one of His Majesty’s Justices of the Peace for the said State, in the presence and hearing of Harry Brown who is charged this day before me, for that he the said Harry Brown about the month of August or September last at Baradine in the said State, did assault Charles Walter Blacklock and then wickedly and against the order of nature carnally knew the said Charles Walter Blacklock and did commit with the said Charles Walter Blacklock the abominable crime of buggery.

This deponent David Menary on his oath, saith as follows:–

I am a Senior Constable and reside at Baradine.

On Sunday night last about half past eight I received certain information. I then went to the accused and said “Did you assault Charles Blacklock?” He said “No, I did not really.” I said “He says you did.” Accused replied, “No, Mr Menary. I never did such a thing.” I then took him to where Charlie Blacklock and his mother were standing and said to Charlie Blacklock “Is this the man you say

assaulted you. He said “Yes.” Accused said “No, I never did such a thing.” I said to Blacklock “How long is it since he did it?” He said “About three months.” Accused then said “What lies people will tell. I never did such a thing.” I said to Blacklock “When did he do it?” He said “Before you hunted me.” (This hunted refers to a time when Blacklock was found sleeping in the tracker’s hut one morning about 2 months previous and I hunted him away.) The accused again said “I never

did it.”

I then arrested him and charged him with sodomy committed on Charles Blacklock about the end of August or the beginning of September [1902] last. He started to run away. I caught him. Accused said “Don’t lock me up, I never did it.”

Accused was the tracker until I arrested him. He was engaged in April 1901. He as a half caste, of good character, always quiet and never used any bad language.

No questions.

[Signed] D Menary.

Taken and sworn at Coonabarabran, this 11th day of December 1902 before me.
[Signed] H[enry] Giles Shaw, PM.

This deponent Charles Walter Blacklock on his oath, saith as follows:–

I am a nine years old and live at Baradine with my father and mother. They are both half caste. I live in a bark hut. I have been going to school for two years and can read and write.

I know Harry Brown the tracker from the Police Station at Baradine. I have been at the tracker’s hut with him for nearly a year. I used to stop there with him at night and have my meals in the daytime. He poked his meaty in my bum.

I mean by his meaty the part between his legs, what he pees with. This happened about 3 months ago. He only done it once to me, in the morning before nine o’clock in daylight. I was not in bed at the time. I was dressed and standing up with my clothes on.

He threw me down; I cried out and said “Stop!” He threw me down on my belly and pulled my trousers down. He put his meaty in my bum. He hurt me on the belly. He was lying on me when I was lying

down. He was on me 3 or 4 minutes. He pulled it out then. I felt it in my inside. He then got up and walked away.

I felt my bum was wet and slippery, it was not that before. It soaked into my skin, it was not like blood. I was crying much, plenty of tears because he hurt me. I called out loud 3 or 4 times “Don’t!” Mr Menary’s house was near. No-one heard me. I stopped there and went to the fire to get warm. I did not tell

my father or mother, they were not at home.

After the tracker did this to me Harry said “I will shoot you if you run away or tell.” I was too frightened to tell Constable Menary. The first person I told was my sister Mary Ann Emma Jane Blacklock aged 16. I only told her a week ago. I next told my mother about a week ago.

No-one else ever done this to me. I have slept there since but he never touched me again.

I felt sore only a day. It went right into my bum,

not between my legs. It hurt me very much.

By the Bench: My sister first said “Did Harry Brown do anything to you?” That was the first time anyone said anything to me.

My mother sister spoke first when to me before my sister mother did about Harry Brown at our home. There was only my sister and mother there. My mother said “Did he do it though really?” I said “Then Harry Brown put his meaty in my bum.” My mother asked me when he did it and I replied “About three months ago.” My sister

did not say anything when I was talking to my mother.

When I and my sister were getting wood, sister said “Ask mother if she is going to tell Mr Menary.”

I told my sister first of all when we were getting water a few minutes before I spoke to mother. We said “Mother,” both together. I spoke to my mother first. I did not see my sister talking to my mother.

I spoke to my mother first, not my mother to me. The reason I did not speak to my

sister and mother before was that Harry Brown reckoned he was going to shoot me.

My mother or sister did not tell me to say nothing in the court.

My sister Mary asked me if Harry Brown ever did anything to me when we were going after horses about a week ago. That was the day before we went for the wood. The next day I told mother. My sis ter said “Are you going to tell mother?”, and I said “Yes.” It is nearly two years since I have seen my father. My granny, two sisters

and George King live in the house. It is a good few weeks since I slept with Harry. There is [sic] two rooms in the house. My mother and George King sleep in the back room, three or four children from me. The others sleep in the front room.

George King was nearby when I told my mother and sister, I don’t know whether he heard.

Harry kept me in clothes the whole of the time I was staying with him. I am sure I spoke to my sister first about it. I have still have the fear

that Harry would shoot me when I told my sister and mother.

I saw Harry last Sunday week. I went for a walk round Head’s paddock with him, it must have been for nearly an hour. I come back with him. This was after I told my mother and sister, I did not have much fear of him then.

The accused asked me did I tell mother anything, I said yes, I told her that he had put meaty in my bum. My mother and sisters were home that

day. My sister Mary saw me going for a walk with Harry. I never said my mother beat me and made me say it. I forget if we talked of anything else.

Sergeant Ford: I was at home when I told my mother first.

My mother was home two or three months before I told her. My mother was good friend with Brown until a week ago. Mym sister had no rows with Brown and I was living in the house with my mother the last two or three months.

[Signed] Charles Walter Blacklock.

Taken and sworn at Coonabarabran, this 11th day of September 1902 before me.
[Signed] H Giles Shaw, PM.

This deponent Isabel Blacklock on her oath, saith as follows:–

I am the wife of Thomas Blacklock and I live in Baradine. My husband has deserted me, I was married by Mr Baily, Police Magistrate 20 years ago. I know the accused. I saw him last Thursday Friday at my mother’s place where I reside at Baradine. I accused him and said “Is that true, Harry, that you put your meaty in my son’s bum.” He said, “No, it is not true.” On Thursday last I saw the accused at my mother’s house in Baradine. After tea I called my son

Charlie to bed and the accused called him out again. I called him back to bed again and he came back. Accused called him several times but the boy did not go. Harry Accused came to the door and said “What harm have I ever done yous. I replied “No-one said you had done us any harm Harry.” He said “Why can’t I speak to the boy?” He I said “If you want to speak to the boy, speak to him so that I can hear what you have to say to him and not take him out onto the bed.” Accused

was sitting on my mother’s bed. Accused said “What I am saying to him is no harm,” then he ran outside. I saw him no more that night.

On the Friday morning the two children went to school. One of them, the girl, returned, Charlie did not come with her as he was kept in. When the girl returned home she told me something. I then went up to town and on the way I saw the boy Charlie and the accused off the side of the road. They were a few yards apart. I called the boy and went towards

the town with the boy. I said “Charles, what are you and Harry doing off the road?” He said “Nothing.” I said to the boy “Is there anything between you and Harry.” He said “No.” Charlie said “Some time ago there was something between me and Harry.” I said “What was it?” He said “Harry put his meat in my bum.” I said “When did he do it?” He said “About three months ago in Harry’s hut.” I said, “Why did you not tell?” He said “If I did, Harry said he would shoot me.”

After I accused him I called the child up. I

said to the child “Is it true that Harry put his meat in your bum?” He said “Yes, it is true.” This was in the presence of the accused. I told Harry to go home and not to speak to me or my children any more or I would give him in charge to Mr Menary. He replied and jumped up and said “I don’t care for Mr Menary.” I went to the Police Station to see Mr Menary but he was absent. As I ran down the bank on the way to the Police Station accused said “I would not think twice of shooting the whole bloody lot of you when I start.” On the Sunday evening

he came to the door with a rifle in his hand. He said to mother “Is that box in there?” He went on with the rifle and took the box. He never made any threat then.

Mr Commins: There was only me and the boy together when he made the complaint. George King was not near or my daughter Mary. I have been away from my husband going on for 3 years. When I returned to Baradine about 2 months ago the boy was sleeping at mother’s. I was away for 6 or 8 weeks prior to my coming back. My mother, three girls and two boys, myself

and George King sleeps [sic] in the house. I knew that Charlie had been sleeping up with Harry for some time. From what I had seen of Harry I should say he was fond of the boy. George King, the baby and I slept in one room with the boy Charlie. I am living with George King.

[Signed] Isabel (her X mark) Blacklock. Witness: [Signed] GH Armstrong.

Taken and sworn at Coonabarabran, this 11th day of December 1902 before me.
[Signed] H Giles Shaw, PM.

This deponent Mary Ann Emma Jane Blacklock on his [sic] oath, saith as follows:–

I am a sixteen years old and daughter of Isabel Blacklock and live at Baradine. I know the accused Harry Brown. I had been to town for chaff with my sister Alice and brother Charlie and George King. Charlie told me that Harry Brown was putting his meaty in his bum.

I did not go to my mother on that day with Charlie are or say anything to her about it. I went the next day with him and spoke to mother. Charles spoke

first. He said Harry Brown was putting his mickey in his bum. This happened at home on last Friday week. Charles spoke about the matter first to mother. I did not mention anything to him before he spoke about it or did not ask him any questions. I cannot give any reason why he spoke about it. Charlie was staying with Harry for about a month while mother was away.

[Signed] Mary Blacklock.

Taken and sworn at Coonabarabran, this 11th day of December 1902 before me.
[Signed] H Giles Shaw, PM.

This deponent Frederick George Failes on his oath, saith as follows:– I am a Government Medical Officer and reside at Coonabarabran.

I have heard the evidence taken in this case and examined Charles Walter Blacklock this morning.

About an inch and a half from the anus is an abrasion which I thought had been caused from riding. He said it was done by the horse’s back. In every other respect the anus is normal and healthy and that of a healthy child.

By the Bench: I think it is possible for the penis of an adult to enter the anus of this child. I heard his evidence and think it consistent. The pain would be caused by forcing open the sphincter muscle.

The abrasion would not be caused by a criminal assault or any soft article.

No questions by Mr Commins.

[Signed] Fred G Failes.

Taken and sworn at Coonabarabran, this 11th day of December 1902 before me.
[Signed] H Giles Shaw, PM.

~ ~ ~ ~ ~

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

Statement of the Accused.

New South Wales, Coonabarabran
TO WIT. }

Harry Brown stands charge before the undersigned, one of His Majesty’s Justices of the Peace in and for the State aforesaid, this 11th day of December in the year of Our Lord one thousand nine hundred and two for that he, the said Harry Brown about the month of August or September last at Baradine, in the said State, did assault Charles Walter Blacklock and then wickedly and against the order of nature carnally knew the said Charles Walter Blacklock and did commit with the said Charles Walter Blacklock the abominable crime of buggery and the examinations of all the witnesses on the part of the prosecution having been completed, and the depositions taken against the accused having been caused to be read to him by me, the said Justice, before whom such examination has been so completed; and I, the said Justice, having also stated to the accused and given him clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall say me be given in evidence against him upon his trial, notwithstanding such promise or threat; and the said charge being read to the said Harry Brown, and the witnesses for the prosecution, David Menary, Charles Walter Blacklock, Isabel Blacklock, Mary Ann Emma Jane Blacklock, Frederick George Failes being severally examined in his presence, the said Harry Brown is now addressed by me as follows:– “Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in writing and may be given in evidence against you upon your trial;” whereupon the said Harry Brown saith as follows:– “Not guilty.”
Taken before me, at Coonabarabran, in the said State, the day and year first above mentioned.
[Signed] H Giles Shaw, PM.

~ ~ ~ ~ ~

G. 190.

REGINA. REX
versus
Harry Brown

Offence,—
The accused stands committed to take his trial at the next Court of Quarter Sessions to be holden at Coonamble, on the 23rd day of March 1903. Bail allowed the accused in £80 and two sureties in £40 each, or one in £80.

[Signed] H Giles Shaw, PM.

JP.

Dated at Coonabarabran Police
Office, Coonabarabran
this 11th
day of December
AD 1902
4g 416 - 88

~ ~ ~ ~ ~

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

Recognizance to give Evidence.

New South Wales, Coonabarabran
TO WIT. }

Be it remembered, that on the 11th day of December in the year of Our Lord one thousand nine hundred and two David Menary a Senior Constable of the Police Force, of Baradine in the State of New South Wales, Charles Walter Blacklock (minor), Isabel Blacklock (married woman), Mary Ann Emma Jane Blacklock (minor) of Baradine in the said State, and Frederick George Failes of Coonabarabran in the said State, Medical Practitioner personally came before the undersigned, one of His Majesty’s Justices of the Peace for the State of New South Wales, 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 on 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.
[Signed] David Menary, Charles Walter Blacklock, Isabel (her X mark) Blacklock on behalf of herself, Charles Walter Blacklock and Mary Blacklock, Fred G Failes.
Taken and acknowledged, the day and year first above mentioned, at Coonabarabran in the said State, before me.
[Signed] H Giles Shaw, PM.
The condition of the within written Recognizance is such, that whereas Harry Brown was this day charged before H Giles Shaw esquire one of His Majesty’s Justices of the Peace for the said State, with buggery.
If therefore, they the before mentioned persons shall appears at the next Court of Quarter Sessions to be holden at Coonamble in and for the State of New South Wales, on the 23rd day of March next, at nine of the clock in the forenoon and then and there give such evidence as they know, upon an information to be then and there preferred against the said Harry Brown for the offence aforesaid, to the jurors who shall pass upon the trial of the said Harry Brown.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] H Giles Shaw, PM.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Circuit Court
Dubbo
Quarter Sessions
15 April 1903
At Coonamble
on 23rd March 1903.
No. 614
CS’s No. 8
Depositions.
Rex No. 72
v.
Harry Brown
Unnatural offence
Committed at: Coonabarabran
on: 11th December 1902

~ ~ ~ ~ ~

AG 03 702
Dubbo Circuit Court
Cor Pring J
Sodomy
Plea Not Guilty
Verdict [Not Guilty], Discharged
[Signed] WA Walker
17/4/03

~ ~ ~ ~ ~

11.9.02 at Baradine, Sodomy, [initial illegible] 16.12.02.
2nd count Indecent assault on a male, [initial illegible] 5.2.03.
Try at Dubbo Circuit Court – April 15 [signed] Hugh Pollock, S[olicitor] G[eneral], 17.3.03
The Crown Solicitor (Criminal Branch.)
17 Mar 1903
[Initial illegible] for C[rown] S[olicitor].
G Failes attendance having been dispensed with. Police at Dubbo requested to arrange for examination of boy [Charles Walter Blacklock] on his arrival by another medical man.

~ ~ ~ ~ ~

Justice RD Pring’s notebook ²

[Dubbo Circuit Court, 15 April 1903]
Rex v Harry Brown – 11 September 1902. Sodomy of Charles Walter Blacklock. [S.] 79
Plea not guilty
Mr Cummings for accused.

David Menary examined Walker. Senior Constable. Know accused. He was employed in police force as black tracker. On Sunday 7th December I heard something & went & saw accused. I said “Did you assault Charlie Blacklock?” He said “No I didn’t do it at all.” I said “He says you did.” He said “No I never did no such thing.”

I took him to where Charlie & his mother were standing & said to Charlie “Is this the man you say assaulted you?” He said “Yes that’s him.” Accused said “No I did not.” I said “How long is it since it occurred?” Charlie said “About 3 months.” Accused said “What lies people will tell, I never did it.” I arrested him & charged him with sodomy (&c. ?) He went to run away & I caught him.

He said “Don’t lock me up, I never did it.” When I had entered the charge I read it to him & he said “I never did no such thing.” Charlie is a half caste. He alleged that it took place in the tracker’s hut where accused lived; the boy stayed there I believe.

Cross-examined Cummings. Accused has been tracking for me for 20 months. He was quiet, well behaved, industrious & generally of good character.

Charles Walter Blacklock examined Walker. Known accused for 2 years.

I have slept in his hut – I stayed there with him about 2 years. On a Saturday morning between 8 & 9 he poked his meaty in my bum. I was in bed on the ground – had my clothes off. He was dressed. He unbuttoned his fly. I felt it, it hurt; it went into me. I rolled about & said “Don’t.” He was 7 or 8 minutes doing it. After he had finished I noticed something sticky on the cheeks of my bum. He said he’d shoot me if I ran away & told.

I first told my sister about 3 months after & then af the next day I told my mother. I felt a little bit sore for about a day.

Cross-examined Cummings. I had only my shirt on when accused came in. I gave evidence at the Police Court. I was asked if I had my clothes on but I don’t remember what I said. I was sleeping had been slept with accused every night. He never did anything to me before this time. I left accused when he & mother had a row. This was after I told mother. I was at home about 2 weeks before I

told my sister. While I was staying with mother accused came down nearly every night when he was at home.

Isabel Blacklock examined Walker. Mother of last witness. He made a complaint & I went & saw accused & told him. He said he didn’t do it. After this I saw Charlie & accused off the side of the school track. I called Charlie & he came to me. I told accused I would go to Constable

Menary. He said he didn’t care; he wouldn’t think twice of shooting the whole bloody lot of us.

Cross-examined Cummings. I was in (?) last year. Don’t know when I returned. Charlie made the complaint a week or a fortnight after I returned & then I took him away. Before I took him away he was some nights at home.

Mary Ann Emma Jane Blacklock examined Walker. Sister of Charlie. He told me something about accused.

Case for Crown closed.

For Defence.

Harry Brown examined Cummings. Accused. I did not commit the offence. He left me in August last year. He was then at home.

Case for defence closed.
I sum up.
Jury retire at 4.9, return at 4.43.
Verdict not guilty.

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Dubbo Dispatch and Wellington Independent, Sat 18 Apr 1903 ³

CIRCUIT COURT.
Wednesday, April 15th.
(Before His Honor Mr Justice [RD] Pring.)

The sittings of the Circuit Court were opened at the Court House on Wednesday. Mr Walker filled the position of Crown Prosecutor, and Mr Kelston appeared on behalf of the Crown Solicitor’s Office. Mr L Gaden was Judge’s Associate, and Mr Maybury (Sheriff) accompanied His Honor and had a seat on the Bench. Mr GH Taylor, JP., Deputy Sheriff, was also in attendance.
…

ACQUITTED.

Harry Brown was arraigned for having at Baradine on September 11 committed an unnatural offence on one Charles Blacklock. He pleaded not guilty and was defended by Mr Comyns.

Senior Constable Nienary [sic] deposed that accused was up till lately a blacktracker in the police; arrested accused owing to a complaint lodged by Charles Blacklock.

Cross examined: Accused had been tracking for witness; he was a quiet industrious and satisfactory man generally.

Charles Blacklock, a small-sized but intelligent boy of 10 years, was examined as to his knowledge of an oath; he was then sworn, and deposed that on the date named accused committed the assault alleged in the information.

He was severely cross examined, but his evidence was not materially shaken, though he admitted that his story at that court differ in some details from that given at the lower court.

Isabella Blacklock deposed that her sons (the previous witness) made ceratin complaints respecting accused; she challenged accused, but he denied the truth of what was alleged; the boy had been accustomed to sleep with accused at his hut, but on hearing the boy’s story she took him away from accused’s company.

Mary AJ Blacklock, daughter of the preceding witness, gave formal evidence as to the making of a complaint by her brother Charles.

Mr Comyns asked his Honor if he thought there was a case to go to the jury – there was no corroboration of the boy’s evidence.
His Honor said that such corroboration was not strictly necessary – the jury might legally find a prisoner guilty without it. He should not take the case from the jury.

For the defence,

Harry Brown, accused, deposed that he had formerly been a blacktracker in the police force; the lad Charles Blacklock had been lodging and sleeping in his (accused’s) hut for about eighteen months; there was no truth in the allegations made by accused [sic].

Mr Comyns did not address the jury.

His Honor summed up rather in accused’s favor.

The jury, after half an hour’s deliberation, returned a verdict of not guilty, and accused was discharged.

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The Dubbo Liberal and Macquarie Advocate, Sat 18 Apr 1903 ⁴

CIRCUIT COURT.

The Circuit Court was opened on Wednesday morning, Mr Justice Pring presiding. Mr Leslie Gaden was Judge’s Associate, and Mr WA Walker Crown Prosecutor (instructed by Mr Kidston, of the Crown Law Office.)
Mr CE Maybury, sheriff, occupied a seat on the bench. Mr GH Taylor, JP., deputy-sheriff, was also in attendance.
Several barristers were present from Sydney.
Mr J Carr was excused from attendance as a juror.
Mr WB Perry’s application to be excused from the civil jury was refused.
Mr F Mack did not appear when called as a juryman. Mr JA Busby explained that Mr Mack was away looking for grass, and that his son was on the jury and was present. Mr Mack was excused.
The civil jury were dismissed until 2 o’clock on Thursday.
…

ALLEGED UNNATURAL OFFENCE.

Harry Brown was charged with assaulting one Charles Walter Blacklock at Baradine on September 11th, 1902, and further, with committing an unnatural offence.
Mr Walker prosecuted on behalf of the Crown.
Mr Commins appeared for defendant.

Constable Menary deposed he was stationed at Baradine; accused was employed at one period as black tracker in the force; from something which Blacklock told him in December he went to accused and asked if he assaulted Charlie Blacklock; accused said “No, I did not do it at all;” told him that Blacklock said he had assaulted him and he again said “No, I never did;” took accused to where Blacklock and his mother were, and asked Blacklock in accused’s presence, if he were the man who assaulted him; Blacklock replied, “Yes, that’s the man;” accused said he did not; Blacklock said it was about three months previous that the assault occurred; witness then arrested accused and charged him with the offence; accused ran away but witness caught him; accused said, “don’t lock me up as I never did it;” when the charge was entered up in the book accused again said he never did it.

By Mr Walker: Blacklock was a half-caste; the offence was committed in a police hut.

By Mr Cummins: Accused had been a tracker under witness for about 20 months; during that time he had been of generally good character.

Charles Walter Blacklock, aged 10½ years, said he knew about God, and would go to hell if he told lies. He was then sworn, and deposed he had known accused two years; knew the hut where Brown slept; had stayed in the hut with Brown for about two years remembered an incident occurring on a Saturday morning between 8 and 9; told his mother and sister something; it was three months after the incident; accused had said he would shoot witness if he told anyone.

By Mr Commins: Brown threatened to shoot witness at the police hut; accused threatened to shoot him again when his mother had a row; said he would not think twice of shooting the whole lot; told his mother the day after he told his sister.

The mother and sister of Blacklock gave evidence that he told them Brown had assaulted him.

Mr Commins at this stage said he did not think had been any corroboration.

The Bench said the jury were entitled to decide the case on the evidence given.

For the defence,

Harry Brown, accused deposed he was formerly black tracker; Charles Blacklock stayed with him nearly 18 months; there was no truth in Charles Blacklock’s statements that he committed the offence, nor in the statement that he threatened to shoot Blacklock.

His Honor summed up.

The jury retired at 4.10 pm, returning into Court at 4.40 pm and gave a verdict of not guilty.

Accused was accordingly discharged.

¹ SRNSW: NRS880, [9/7053], Supreme Court, Papers and depositions, Dubbo, 1903, No. 72. Emphasis added.

² SRNSW: NRS7563, [7/9713], Judiciary, RD Pring, J. Notebooks Circuit, 1900-21, pp. 41-48. Emphasis added.

³ Dubbo Dispatch and Wellington Independent, Sat 18 Apr 1903, p. 4. Emphasis added.

⁴ The Dubbo Liberal and Macquarie Advocate, Sat 18 Apr 1903, p. 3.

Sodomy