Evening News, Thu 17 Sep 1891 ¹

NEWTOWN.

    Charles Johnson, 35, and Albert Blackmore, 34, were charged with committing an abominable offence at Arncliffe on the 9th instant. The case was heard with closed doors, and both men were committed for trial to the Central Criminal Court. Blackmore was allowed bail—himself in £300 and two sureties in 150 each. Mr Gannon, on behalf of Blackmore, said that he was well-connected and could obtain bail.

~ ~ ~ ~ ~

Depositions for Charles Johnson and Albert Blackmore 9 Oct 1891 Sydney trial ²

(a) Town.	Letter from Bench of Magistrates at (a) Newtown
	transmitting Depositions
(b) Name in full of accused.	in the case Regina v. (b) Charles Johnson and Albert Blackmore
(c) Offence.	(c) Buggery
(d) Town.	Police Office, (d) Newtown
	17th September 1891
	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) Charles Johnson and Albert Blackmore
(f) “His” or “her”	who has been committed to take (f) their
(g) “Circuit Court,” or  “Quarter Sessions.”	trial at the (g) Criminal Court
	to be held at (h) Sydney	on Monday
(h) Town where Court  to be held.	the 5th day of September 1891
	The accused is (i) Charles Johnson is confined in the Gaol at Darlinghurst. Albert Blackmore has been admitted to Bail. His Surety being Charles Blackmore of Woollongong [sic] Road Arncliffe Freeholder in the sum of Five hundred pounds. And Margaret Logan
(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) Constable Frederick Hathaway, Senior Constable Michael McCole and Margaret Logan
(l) Short description to enable identification.	The Exhibits enclosed are (l)
	I have the honor to be, Sir, Your obedient Servant,
	[Signed] Frank S[outh] Fielder
	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

1

G. 40
St. 18

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

Depositions of Witnesses.

Newtown
TO WIT.       }

The examination of Frederick Hathaway Constable of Police at Arncliffe in the Colony of New South Wales, Margaret Logan of Arncliffe, Licensed Publican and Michael McCole Senior Constable of Police at Kogarah, in the said Colony, taken on oath this 16th day of September in the year of Our Lord one thousand eight hundred and ninety one at Newtown in the Colony aforesaid, before the undersigned, one of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of Charles Johnson and Albert Blackmore who are charged this day before me for that they the said Charles Johnson and Albert Blackmore on the 9th day of September 1891 at Arncliffe in the said Colony, did commit the abominable crime of buggery.

2

Charles Johnson, 25.
Commit the abominable crime of buggery.
Remanded till Wednesday next.
[Signed] Whittingdale Johnson, SM.
Newtown
10th September 1891 R[ea]d [and] W[i]t[nessed] [Initialled] F[rank] S[outh] F[ielder]

3

No. 66

Warrant

Information – (General purposes.)

New South Wales
Newtown
TO WIT.       }

46 Vic 17 – 59

Be it remembered, That on this Tenth day of September in the year of our Lord one thousand eight hundred and ninety one at District of Newtown in the Colony of New South Wales, Frederick Hathaway a Constable of the Police Force appears before me, the undersigned, one of Her Majesty’s Justices duly assigned to keep the Peace of our Lady the Queen in and for the Colony of New South Wales, from information received and which he verily believes to be true and on oath informs me, That on the ninth day of September in the year of our Lord one thousand eight hundred and ninety-one at the said District a man whose name is unknown to this informant but who can be identified did commit the abominable Crime of buggery with one Charles Johnson. Contrary to the Act in such case made and provided; whereupon the said Frederick Hathaway prays that I, the said Justice, will proceed in the premises according to law.

[Signed] Frederick Hathaway

Sworn at Newtown in the said Colony, on the day first above written, before me,
[Signed] Frank S Fielder
Justice of the Peace.

4

G. 29.

11 & 12 Vic. c. 42.

(B.)

Warrant to apprehend a Person charged with an Indictable Offence.

To the Superintendent and, a Constable in the Police Force for the Colony of New South Wales, and to all other Constables in said Force.

Whereas a man whose name is unknown but who can be identified late of Arncliffe, in the said Colony, hath this day been charged upon oath before the undersigned, one of Her Majesty’s Justices of the Peace in and for the said Colony of New South Wales, for that he, on the ninth day of September now instant, at the District of Newtown, in the said Colony, did commit the abominable crime of buggery with one Charles Johnson. These are therefore to command you, in Her Majesty’s name, forthwith to apprehend the said man whose name is unknown but who can be identified, and to bring him before me or some other of Her Majesty’s Justices of the Peace in and for the said Colony, to answer unto the said charge, and to be further dealt with according to law.

Given under my Hand and Seal, this tenth day of September, in the year of our Lord One thousand eight hundred and ninety one, at Newtown in the Colony aforesaid.
[Signed] Frank S Fielder
Justice of the Peace.

~ ~ ~ ~ ~

[On the warrant cover sheet is the following]

Wt
a man name unknown
Routed 10.9.91
Executed
11.9.91
Hathaway

~ ~ ~ ~ ~

5

Albert Blackmore, 34
BH on the 9th September 1891. Commit the abominable crime of buggery on one Charles Johnson

Newtown
12th September 1891 }

Remanded till Wednesday next
[Signed] Signature illegible
Newtown
12th September 1891
R[ea]d [and] W[i]t[nessed] [Initialled] F[rank] S[outh] F[ielder]

6

This deponent Constable Frederick Hathaway on oath states:–

    About 11.30 pm on the 9th instant I was on duty in the Forest Road Arncliffe I was standing outside the Highbury Barn Hotel. When I heard someone in the parlor of the hotel speaking in a loud tone I went to the parlor door where I heard the prisoner Johnson and the

7

landlady Mrs Logan speaking inside.

    Blackmore was not present. I heard her call Johnson a dirty beast that he would have to clear out of there, that she would not trust him about the premises with her children. He then said to her “Will you say nothing about it and forgive me.” Mrs Logan then said “You’ll

8

have to clear out in the morning.” He then said “I have no money to clear out with.” She said “I’ll give you money to clear out with, you shan’t stop here.” She also said to him “Go to bed.” After he left I had a conversation with Mrs Logan. After that I arrested the prisoner, took him to the Cooks

9

River Lockup and charged him with committing the abominable crime of buggery with a man name unknown on the 9th instant he made no reply.

    On the way to the station he said “I am guilty, but the other man was the worst to blame. He had to do with me first, and he made me go for him.” After

10

with Senior Constable Cole I arrested the prisoner Albert Blackmore at his residence at Gordon on the 11th instant by virtue of the warrant produced I read it to him and in reply he said “Good God”. I brought him to the Newtown Police Station and locked him up.

By Johnson: You didn’t deny the charge.

Taken and sworn at Newtown this 16th September 1891
[Signed] Frederick Hathaway
[Signed] C[ornelius] Delohery, SM.

11

This deponent Margaret Logan on oath states:– I am a widow I am the licensee of the Highbury Barn Hotel Forest Road Arncliffe.

    I know the accused Johnson was working about the house for me. He slept in the back premises.

    I have seen the other prisoner at my place on the night 9th of the present month between 1 & 2 pm. They were in my parlor

12

having a glass of beer.

    I told Johnson to go on with his work.

    Both prisoners left the parlor at 2 pm. After that I missed Johnson and I went to where he slept to look for him.

    I there saw the men.

    Blackmore was leaning on the bed with his face down. Johnson was having to do

13

with him.

    Johnsons person was against Blackmores posterior.

    His trousers were down and his behind part was exposed the door was locked. I looked through the slats.

    I called “Johnson”. Before I called him I had been watching them three minutes. I went away, came back again looked through and called “Johnson”.

14

He said “Do you want me” I said “I should think so.”

    He then went to do work in the garden. At 6 pm he came in. I told him what I had seen. At first he denied it. He afterwards admitted it I gave him notice to go.

    At 11.30 pm he came to me in the parlor and asked me to forgive me him. I said “No”.

15

I wouldn’t that he had better go. He said he had no money to go with. I said I would give him money to go with.

    The Constable afterwards knocked at the door. We had a conversation and he arrested him.

By Bench: I know Blackmore I saw his face when he got up off the bed his trousers were not off. They were down. The parlor that

16

I had the conversation in with Johnson faces the Forest Road. It has a glass door a person standing outside could hear a conversation inside.

By Mr Gannon: They had been out of my sight about ¾ of an hour from the time I saw them in the parlor till the time I saw them in Johnsons room.

     There is no washing basin in Johnsons room. I can’t say Blackmore had

17

been sleeping on the bed. He is well connected. He arrived first at my house about 11 or 12 am on the 9th instant. I can’t say how many drinks he had. I can’t say how many I served him with.

    Blackmore was lying over the side of the bed with his face flat down.

By Bench: They both had a few glasses but they did were not drunk. They both got up when they

18

heard me try the door.

    When I looked the second time Johnson was putting his belt on and Blackmore was buttoning up his trousers. I don’t think he could have been asleep. They were close to me when I looked through the crack in the slat.

    Blackmores feet was on the ground his body was on the bed.

By Mr Gannon: I won’t swear Blackmore wasn’t

19

asleep.

By Bench: He wasn’t in my place afterwards he made no complaint to me about Johnson afterward.

Taken and sworn at Newtown this 16th day of September 1891 Before
[Signed] C Delohery, SM.

20

This deponent Senior Constable Michael McCole on oath states:– Am stationed at Kogarah. About 9.30 am on the 10th inst whilst in the railway carriage with the prisoner Johnson, on the way from Cooks River to Newtown Police Station he said to me “The other man brought me into the room. He made me lie down. We had our trousers

21

undone. He got on top of me. He got his person between my legs.” He said he didn’t know the other man but he had seen him once or twice before. Blackmore made no complaint to me after arrest about Johnson’s conduct.

    He said he was at the Highbury Barn Hotel on the 9th instant. Blackmore only said “Good God” when arrested.

Taken and sworn at Newtown this 16th September 1891.
[Signed] M McCole
[Signed] C Delohery, SM.

22

G. 190.

REGINA.
versus
Charles Johnson
and
Albert Blackmore

Offence,— Buggery

    The accused stands committed to take their trial at the next Court of Criminal Court to be holden at Sydney, on the 5th day of October 1891. Bail allowed the accused in £500 and two sureties in £250 each, or one in £500

[Signed] C Delohery, SM

JP.

Dated at Newtown Police
Office, Newtown
this sixteenth
day of September
AD 1891
4g 475 - 88

23

G. 41.

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

Statement of the Accused.

New South Wales, Newtown
TO WIT.                               }

Charles Johnson stands charged before the undersigned one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 16th day of September in the year of our Lord One thousand eight hundred and ninety one for that he, the said Charles Johnson on the 9th day of September at Arncliffe, in the said Colony, commit the abominable crime of buggery with one Albert Blackmore 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, (by/or) 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 or 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 may be given in evidence against him upon his trial, notwithstanding such promise or threat, and the said charge being read to the said Charles Johnson, and the witnesses for the prosecution Constable Frederick Hathaway Senior Constable Michael McCole Margaret Logan being severally examined in his presence, the said Charles Johnson 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 Charles Johnson saith as follows:– “There was nothing criminal committed”.

Taken before me at Newtown, in the said Colony, the day and year first above mentioned.
[Signed] C Delohery, SM.

24

G. 41.

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

Statement of the Accused.

New South Wales, Newtown
TO WIT.                               }

Albert Blackmore stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the said Colony aforesaid, for that he, on the 16th day of September in the year of our Lord One thousand eight hundred and ------ For that he, the said Albert Blackmore at Arncliffe in the said Colony, commit the abominable crime of buggery with one Charles Johnson 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, (by/or) 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 or 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 may be given in evidence against him upon his trial, notwithstanding such promise or threat, and the said charge being read to the said Albert Blackmore, and the witnesses for the prosecution being severally examined in his presence, the said Albert Blackmore is now addressed by me 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 in evidence against you upon your trial;” whereupon the said Albert Blackmore saith as follows:– “I reserve my defence”.

Taken before me, at Newtown , in the said Colony, the day and year first above mentioned.
[Signed] C Delohery, SM.

25

G. 42.
St. 185

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

Recognition to give Evidence.

New South Wales, Newtown
TO WIT.                               }

Be it remembered, that on the 16th day of September in the year of our Lord One thousand eight hundred and eighty ninety one Frederick Hathaway a Constable of the Police Force, Michael McCole of Police Force in the Colony of New South Wales, Senior Constable and Margaret Logan of Forest Road Arncliffe in the said Colony, Hotelkeeper personally came before the undersigned, one of Her Majesty’s Justices of the Peace in for the Colony of New South Wales, and acknowledged themselves to owe Our Sovereign Lady the Queen 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 Lady the Queen, Her Heirs and Successors, if they the said before-mentioned persons shall fail in the Condition indorsed.

[Signed] Frederick Hathaway
[Signed] Mich[ae]l McCole
[Signed] M Logan

Taken and acknowledged, the day and year first above mentioned, at Newtown in the said Colony, before me,
[Signed] Frank S Fielder, JP. 

The Condition of the within-written Recognizance is such, that whereas Charles Johnson and Albert Blackmore was [sic] this day charged before Cornelius Delohery Esquire one of Her Majesty’s Justices of the Peace for the said Colony, with committing the abominable crime of buggery. If therefore, they the before mentioned persons shall appear at the next Court of Gaol Delivery to be holden in Sydney in and for the Colony of New South Wales, on the 5th day of October 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 Charles Johnson and Albert Blackmore Then the said Recognizance to be void, or else to stand in full force and virtue.

[Signed] Frank S Fielder, JP.

26

G. 138.

Affidavit of Justification.

New South Wales, Newtown
TO WIT.                               }

The Queen
v.
Albert Blackmore [sic–Johnson]
Charles Blackmore

of “Carisbrook” Woolongong Road Arncliffe in the district of Newtown in the Colony of New South Wales. Freeholder and of in the said who severally offers themselves himself as Bail for the above-named Albert Blackmore severally makes oath and says. And first this deponent, the said Charles Blackmore for himself saith, I am a freeholder residing at Woollongong Road Arncliffe in the said Colony and am worth property to the amount of three five hundred Pounds over and above all my just debts and liabilities, and over and above every other sum for which I am now Bail or Surety; and this deponent, the said ----- for himself saith, I am a ----- residing at ----- in the said ----- and am worth property to the amount of ----- Pounds, over and above all my just debts and liabilities, and over and above every other sum for which I am now Bail or Surety.

[Signed] Charles Blackmore

Sworn at the Police Office, Newtown in the Colony aforesaid by the said Charles Blackmore and the sixteenth day of September, in the year of our Lord One thousand eight hundred and ninetyone before me, the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony of New South Wales.
[Signed] Frank S Fielder, JP.

~ ~ ~ ~ ~

Condition in Ordinary Cases.

The Condition of the within-written Recognizance is such, That whereas the said Albert Blackmore was on the 16th day of September instant, charged before Cornelius Delohery Esquire one of Her Majesty’s Justices of the Peace for the said Colony, with committing the abominable crime of buggery with one Charles Johnson on the ninth day of September instant at the district of Newtown if therefore the said Albert Blackmore will appear at the next Court of Gaol Delivery to be holden at Sydney in and for the Colony of New South Wales, on Monday the fifth day of October 1891 at Nine of the clock in the forenoon, and then and there surrender himself into the custody of the Keeper of the Gaol there, and plead to such information as may be filed against him for or in respect of the charge aforesaid, and take his trial upon the same, and not depart the said Court without leave, – Then the said Recognizance to be void, or else to stand in full force and virtue.

[Signed] Frank S Fielder, JP.

27

G. 50.

(S. 1.)

Recognizance of Bail.

New South Wales, Newtown
TO WIT.                               }

Be it remembered, That on the sixteenth day of September in the year of our Lord One thousand eight hundred and ninetyone Albert Blackmore of Arncliffe in the District to Newtown in the Colony of New South Wales, fruitgrower and Charles Blackmore, of Woollongong Road Arncliffe in the said District and Colony, Freeholder personally came before me, the undersigned, one of Her Majesty’s Justices of the Peace for the said Colony, and severally acknowledged themselves to owe to Our Sovereign Lady the Queen the several sums following (that is to say); the said Albert Blackmore the sum of five hundred Pounds; and the said Charles Blackmore the sum of Five hundred Pounds each, of good and lawful money of Great Britain, to be made and levied of their several goods and chattels, lands and tenements respectively, to the use of Our Lady the Queen, Her Heirs and Successors, if the said Albert Blackmore shall fail in the condition indorsed.

[Signed] Albert F Blackmore
[Signed] Charles Blackmore

Taken and acknowledged, the day and year first above mentioned, at the Police Office, in the said Colony, before me,
[Signed] Frank S Fielder, JP.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Cor Manning J
Johnson: Guilty indecent assault. 12 mths H.L.
Blackmore not guilty
[Initialled] WHC 9/10/91

~ ~ ~ ~ ~

And when Indictment prepared to be noted by the Crown Solicitor to be (?) returned & forwarded to the Clerk of the Peace in the reference (paper ?) 1901 herewith
[Initialled] GWS 6/10/91.

~ ~ ~ ~ ~

Central Criminal Court
Quarter Sessions
Sydney 5th Oct: 1891
21st September
No. 69 277
Depositions.
Regina v.
Charles Johnson
and
Albert Blackmore on bail
Unnatural Offence
Committed at Newtown on 16th September 1891.
9/6801

~ ~ ~ ~ ~

The Cr[own] Sol[icitor] (see (?) on papers No. 19d)
[Initialled] HHM in the (?) 9.10.91

~ ~ ~ ~ ~

The Clerk of the Peace 8-10-91 HJM
For the Sec The Crown Sol where turned after action mentioned has been taken.
[Initialled] HJM For the Sec.

~ ~ ~ ~ ~

Sodomy

Arncliffe
9th Sep 91
[Initialled] WSM
28.9.91

Some further evidence of the two accused being together, at the time spoken of, in the hotel should be obtained if possible, – were the men examined or either seen by a doctor? It is a great pity if they were not. [Initial illegible] 28.9.91

~ ~ ~ ~ ~

Memo W Supt (?) 29.9.91

~ ~ ~ ~ ~

1. Buggery (See section 574)
2. Indecent assault upon a male person
[Signed] G[eorge] B[owen] Simpson AG 6/10/91
See paper AG Ex 1901 Crown Sol [Initialled] GW 17/10/91
Statement of accused incomplete. [Initial illegible] 6.10.91

~ ~ ~ ~ ~

Justice CJ Manning’s Notebook  ^{3 4}

170

[Sydney, Friday 9th October 1891]

Charles Johnson – Sodomy. Alfred Blackmore 9 September.
Indecent assault Sec. 60
Alfred Blackmore –
[Mr] Want for prisoner asks for separate trial.

    1st Margaret Logan. Licensee of Highbury Barn [Hotel] at Arncliffe. Know Johnson. In my employ as kitchen man. His bedroom was in back premises by itself some distance from the house. The building was built of upright slabs. You can see between

171

the slabs into the room. I have seen Blackmore several times at my hotel. He had not been out during the 3 weeks that Johnson was with me – Blackmore came out on September 9 about 11 & had some drinks – he had a drink & went out to the back yard to Johnson – he was (backwards ?) in & out – Blackmore did not dine, he was in the yard with Johnson – who was sweeping up. After dinner they had a drink together – I told Johnson to get his lunch & go to the garden – He left the room & I didn’t see him again in the room. Blackmore

172

was then in the parlour with Johnson. Johnson went out (?) about 2. About 20 minutes to ½ past 2 I went to look for Johnson – I went (in ?) (parlour ?) & couldn’t see Johnson in the garden (?) (?) to look for him – I went to his bedroom – I did not see Blackmore after the time Johnson left the parlour until I saw him in Johnson’s room. I went to the door of Johnson’s room & looked through the (chink ?) to see if Johnson was in bed. I saw Johnson with Blackmore. Blackmore was lying across the bed with his feet on the floor. His trousers were down. I could see part of his body,

173

that (portion ?) which would be (uncovered ?) if his trousers were down – the back – Johnson was over him – & his clothes were down – his feet on the floor – Johnson’s body was touching Blackmore’s – the front part of (Blackburn’s ?) ⁵ body was touching the back part of (Johnson ?). The bed was so situated that their bodies were sideways to me – They were together having to do with one another – I saw Johnson’s private parts but not till he got up – I did not see if they were in any part of the body of Blackmore while they were together – I saw Johnson get off Blackmore – I couldn’t say whether Johnson’s parts had been inserted in Blackmore’s body or were between his legs.

174

I called Johnson & walked away in to the house – He didn’t answer & I did not see him till 7 at night to speak to him.

    Want asks for discharge of Blackmore – I did not do so as I propose to direct the Jury that they can find Blackmore guilty of attempt, to reserve the question for the (?).

    I asked Johnson what do you mean by going on with such conduct. He said it wasn’t his fault it was the other’s – I told him he was to return & leave the place. (afterwards ?) he asked me to forgive (me ?) ⁶ & said the like should not occur again.

~ ~ ~ ~ ~

Justice CJ Manning’s Notebook  ⁷

2

    I said I could not hurt him & he said he had no worry. I said I would give him 2/- to pay his train to go to look for a place. A constable (arrested ?) him that night.

    Cross-examined. They had been drinking beer – 4 or 5 glasses before dinner – & one after. They were about the place all day. The girl said she didn’t give them anything. The last drink was before 2 & I saw them at ¼ to 3 – I was looking through a large hole that was cut for a key hole – Couldn’t say if Blackmore was asleep or not. Blackmore only came in now & then. His people lives near to his people at north shore.

3

    I did not hear that Blackmore had gulled ⁸ to be asleep.

    Re-examined. When I tried the door & before I called out they both got up off the bed.

    2nd Frederick Hathaway. September 9 last I was outside the Highbury Barn hotel – I heard someone speaking in a loud tone in the parlour & I went in subsequently. I went to the prisoner Johnson’s bedroom – I said I have reason to believe that you have committed the abominable crime of buggery – He said who told you – I said I’m going to arrest you – I took him to the (Cook’s ?) (River ?) Lock up.

4

  As we were leaving the hotel I cautioned him in the usual way & he said I am guilty but the other man is the worst to blame. He had to do with me first & then he made me go for him after. I subsequently arrested Blackmore at Willoughby. I read the warrant. He said “Good God”. When outside the hotel I overheard a comment between Mrs Logan & the prisoner Johnston. ⁹

    3rd Michael McCole. Constable. On 10 September I was taking Johnson from Tempe to Newtown. Johnson said, the other man took me into the room – he undid his trousers – he got on top of me

5

& put his person between my legs.

Case closed.

    Charles (Cairn ?) Byng. CE. ¹⁰ Clergy at Arncliffe. Know Blackmore for 3½ years. I have no opportunities of judging of his character, have very seldom seen him, not more than 3 or 4 times – the family are respectable.

    Character given by Henry Martyn, put in by consent.

    John Tindall. Has (known ?) Blackmore for 24 years – I’ve visited his parents’ home. Always found him responsible (?) young man.

6

Lived next door to him for many years.

    William (?). Have known the family for years. Have not known Blackmore for the last 3 or 4 years. He has always seemed the same character – good boy.

    Johnson calls

    Henry Tugwell. Constable. Know Johnson for 13 or 14 months. He has always behaved himself well.

    Luke Walsh. Keeps a dairy. Have known Johnson 12 months – I never saw him drunk – always behaving himself respectably – On September 9 I saw the 2 prisoners together

7

2 or 3 hours together – I saw Blackmore chasing Johnson about in the yard & house. They had 4 or 5 beers that day. They weren’t drunk (?) (?).

Jury retire at 6, return at 6.35
Verdict –
Blackmore not guilty.
Johnson – not guilty of sodomy
       ”      guilty of indecent –
Sentence – 12 months.

~ ~ ~ ~ ~

The Daily Telegraph, Sat 10 Oct 1891 ¹¹

CENTRAL CRIMINAL COURT.
Friday, October 9.
(Before Mr Justice Manning.)

    Mr Coffey prosecuted on behalf of the Crown.
…

UNLAWFUL OFFENCE.

    Charles Johnson and Alfred Blackmore were charged with having committed an unlawful offence. Johnson was found guilty of indecent assault and sentenced to 12 months’ hard labour. Blackmore was acquitted. The latter was defended by Mr JH Want (instructed by Mr F Gannon).

~ ~ ~ ~ ~

The Sydney Morning Herald, Sat 10 Oct 1891 ¹²

CENTRAL CRIMINAL COURT.
Friday.
(Before his Honor Mr Justice Manning.)

    Mr WH Coffey prosecuted for the Crown.

FINES ON JURORS.

    Henry Lipscome, landowner, Belmore-street, Burwood, was fined £5, in addition to £2 on the previous day, for non-attendance as a juror. The fine on William B Garland was remitted.
…

UNLAWFUL OFFENCE.

    Charles Johnson and Albert Blackmore were charged with having committed an unlawful offence at Arncliffe on September 9 last. Mr JH Want, instructed by Mr F Gannon, sen., appeared for Blackmore. Johnson was undefended. Charles Johnson was found guilty of an unlawful assault, and was sentenced to 12 months’ hard labour. Blackmore was acquitted.

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Charles Johnson, Gaol photo sheet ¹³ 

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Gaol Photo Sheet - Transcribed Details

No. 5207

Date when Portrait was taken: 17.9.1891

Name: Charles Johnson

Native place: Ireland Year of birth: 1866 Arrived       Ship: Loch Lyon in Colony }   Year: 1888 Trade or occupation previous to conviction     } Lab Religion: C of Eng Education, degree of: R & W Height: 5' 7" Weight     On committal: 131 in lbs     } On discharge: Colour of hair: Fair Colour of eyes: Blue Marks or special features: Scar outside lower joint left forefinger. Scar left temple. 2 teeth centre top jaw project outwards

Where and when tried: Sydney GD [Gaol Delivery] 19th Oct ‘91 Offence: Indecent assault on a male person Sentence: 1 year H.L. Remarks: Sydney Gaol

(No. of previous Portrait ... )  CONVICTIONS
Where and When				Offence.	Sentence
				Nil

 

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1     Evening News, (Sydney, NSW), Thu 17 Sep 1891, p. 6.

2     SRNSW: NRS880, [9/6801], Supreme Court, Papers and depositions, Sydney, Oct 1891, No. 277. Emphasis added.

3     SRNSW: NRS7313, [2/5301] , Judiciary, CJ Manning, J. Notebooks Criminal Court, 1890-93, pp. 170-74 and SRNSW: NRS7313, [2/5302] , Judiciary, CJ Manning, J. Notebooks Criminal Court, 1890-93, pp. 2-8. Emphasis added.

4     Justice Charles James Manning (1841-1898), was born on 10 Jul 1841 at Balmain, Sydney, the second son of Edye Manning and his wife Fanny Elizabeth, née Turner. In 1847 he went to England with his parents and was educated in Devonshire and in 1855-61 at Winchester College; he matriculated and entered Corpus Christy College, Oxford. He was called to the Bar of on Lincoln’s Inn on 17 Nov 1865 and practised on the western circuit before returning to Sydney where he was admitted to the NSW Supreme Court on 22 Dec 1866. At the bar he built up an extensive practice in all jurisdictions. He occasionally acted as a Supreme Court judge and was appointed a puisne judge on 13 Nov 1889. In 1896 he became chief judge in Equity. A stickler for court etiquette despite his unjudicial-looking moustache, he was popular with the Bar and his careful judgments were commended several times and often upheld by the judicial committee of the Privy Council. Manning died at Hunter’s Hill, Sydney, on 8 Aug 1898 from phthisis pulmonaris against which he had courageously and uncomplainingly struggle for fifteen years. He was buried in the churchyard of St Anne’s Church of England, Ryde. ADB, 1851-1890, vol. 5, p. 203-4.

5     In the light of her further evidence, the names should probably be reversed here.

6     Possibly means him.

7     SRNSW: NRS7313, [2/5302] , Judiciary, CJ Manning, J. Notebooks Criminal Court, 1890-93, pp. 2-8.

8     Pretended.

9     Alternative spelling.

10   Church of England.

11   The Daily Telegraph, Sat 10 Oct 1891, p. 10.

12   The Sydney Morning Herald, Sat 10 Oct 1891, p. 4.

13   SRNSW: NRS2138, [3/6053], Darlinghurst Gaol photographic description book, 1891, No. 5207, p. 229, R5104.

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