William Warren was born in New Orleans in 1830 and arrived in Australia in 1853 aboard a ship (also) called the New Orleans. While his family and past friends experienced the war between the States, William was in Northern Queensland, eking out a living as a miner, occasionally coming to the attention of the constabulary.
In his photo from Brisbane Gaol, his pose is relaxed and his expression unfazed. He wears the tatty woollen jacket of the inmate, with some rather distressed trousers. He had been sentenced to 12 months behind bars – with hard labour – for illegally using a horse in Cooktown and had transferred to the capital from Rockhampton Gaol. He briefly became a cause celebre in Queensland, when the editor of the Northern Argus compared the sentences handed down by the Courts in the far North.
MAN AN INFERIOR ARTICLE. –
The Northern Argus wants to know “Why is property protected by the law more carefully than the person? That is to say – why does the man who steals a watch receive a heavier punishment than the one who knocks his neighbour down? This question has frequently thrust itself upon our mind, but we have dismissed it with the mental remark— that as the laws were made by the holders of property, and that as they were unlikely, from their exalted positions, to come into contact with the bludgeon of the ruffian, they naturally took care of securing that which they were most likely to lose – their goods and chattels.
We are aware that French Communists and Socialists, and, in fact, all the vagabonds of civilised society, hold that ‘property is robbery,’ and therefore it is absolutely necessary to convince them that it is not; but while we would not reduce the punishment of the robber by a hair’s breadth, we would undoubtedly increase that of the brute who is given to indulge in his passion for shedding blood.
The sentences of the prisoners who were lately sent from the North, and who are now enjoying the otium sine dig (leisure without dignity – KB) in Rockhampton Gaol, afford rather a striking illustration of the light in which Judges view the various classes of crime. We find – James Hall gets two months for maliciously wounding; Jammy Sing, unlawfully wounding 3 months; James Hassett, assault, 6 months; John Slattery, indecent behaviour, 4 months; and William Warren, unlawfully using a horse, twelve months!
Therefore, men who stab, who commit savage assaults, and who are guilty of filthy behaviour, receive less punishment, consequently are regarded as less criminal, than the man who unlawfully uses a horse. Without saying that the law is wrong, we certainly will not say it is right, and we refer to the subject chiefly because assaults and malicious woundings are becoming daily more numerous, and society has a right to demand every protection the law can afford it.”
Telegraph (Brisbane, Qld.: 1872 – 1947), Wednesday 11 November 1874, page 2
The rough and ready life of an itinerant miner in the 19th century frontier country of the North ensured that William Warren would see the inside of a Courtroom again.
By 1888, Warren had married the poetically named Annie Lee, and was knocking around the Ravenswood area. While he knocked, Annie Warren located to Charters Towers, and a house of ill fame. Marriage to a middle-aged miner who was never around did not suit her, so she shared a house on the corner of Mary and Church Streets with another forlorn woman and refused to go back to Warren.
William Warren wanted his missus to come back, he wanted her to give up her profession, and while she was at it, he wanted the money she took from him when she did the flit. Matters came to a head on 7 November 1888, when ED Miles, a mining agent and JP, had his Saturday afternoon peace disturbed by the wails of a woman coming from the house on the corner. He knew what that house was used for. He decided to effect entry to the place in his capacity as a JP, and therein found Annie Warren weeping and in pain in a bedroom, and William outside on the veranda, in a distinctly uncooperative frame of mind.
Warren wanted the busybody to clear out, the busybody called for the police, and a melee ensued. Annie tried to prevent the arrest of her fractious husband, who was resisting manfully, and in all the drama several items of police uniform were damaged.
When the matter was brought up in Court on the following Monday, Annie Warren – limping very badly, but standing by her man – gave evidence that her husband had not beat or kicked her and was not in the habit of doing so. She had fallen down and hurt her ankle and had absolutely no recollection of telling ED Miles that her husband had broken her leg because she would not return to him.
William Warren elected to give evidence on his own behalf, and everyone’s reputation took a battering under the cross-examination by Mr Marsland for the prosecution. Yes, he had been convicted for obscene language at Townsville, but Warren denied having been given one hour to clear out of that place as a result. Yes, he had been convicted for indecent exposure at Clermont.
And what, pray tell, was Warren doing with paper in his mouth when arrested? Was it anything to do with this? (Tendered torn and chewed-up remains of indecent photographs.) Understandably, William Warren was vague on that point. It might have been the same. Couldn’t swear to it.
Yes, witness knew that his wife had been convicted previously, and no, he hadn’t taken £14 of her money. She had taken his money. But he really just wanted his missus back, Your Honour.
The Bench decided that the following should wrap it up. £3 for William for obscene language, £4 for tearing the constable’s uniform and £1 for resisting police. Annie Warren was fined £2 for assaulting a constable. She said she was going to leave town immediately. Undoubtedly the town was relieved.
Sources:
Telegraph (Brisbane, Qld.: 1872 – 1947), Wednesday 11 November 1874, page 2
Northern Miner (Charters Towers, Qld.: 1874 – 1954), Tuesday 13 November 1888, page 2
Queensland State Archives Series ID 3693, Photographic Records, Descriptions and Criminal Histories of Prisoners – (Males and Females) [HM Gaol, Brisbane, later HM Prison (Boggo Road), Brisbane]
Moreton Bay and More 