Evening News, Tue 4 Jun 1895 1
CENTRAL POLICE COURT.
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TO-DAY’s CASES.
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Mr W Johnson presided at the charge court.
…
Alfred Stanley and Thomas Roberts were charged with committing an unnatural offence. The accused were locked up at No. 1 Station for drunkenness last night and the alleged offence took place in the cell. They were remanded till Friday. Bail refused.
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Evening News, Wed 12 Jun 1895 2
A DISGUSTING CHARGE.
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Alfred Stanley and Thomas Roberts were brought up on remand at the Central Police Court yesterday afternoon charged with committing an unnatural offence. The evidence disclosed that both the accused were locked up in the cell at No. 1 Police Station on the night of the 3rd instant, charged with drunkenness, and shortly afterwards were caught in the act by the police. The accused were committed for trial at the criminal sessions, July 22.
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Depositions for Thomas Roberts 22 Jul 1895 Sydney trial 3
(a) Town. |
Letter from Bench of Magistrates at (a) The Central Police Office |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Regina v. (b) Thomas Roberts |
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(c) Offence. |
(c) Indecently assaulting a male person. |
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(d) Town. |
Central Police Office, (d) Sydney |
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13th June 1895 |
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Sir, |
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(e) Name of accused |
case of (e) Thomas Roberts |
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(f) “His” or “her” |
who has been committed to take (f) his |
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(g) “Circuit Court,” or |
trial at the (g) Gaol Delivery |
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to be held at (h) Sydney |
on Monday |
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(h) Town where Court |
the 22nd day of July 1895 |
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The accused is (i) confined in the gaol at Darlinghurst |
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(i) “Is confined in the |
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(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) Joseph Shankleton a Sergeant of the Police Force, Francis Watson of Newtown Journalist
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(l) Short description to enable identification. |
The Exhibits enclosed are (l) Nil |
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I have the honor to be, |
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[Signed] C[harles] AH Redgrave |
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Acting Clerk of Petty Sessions, Chamber Magistrate |
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The Secretary, |
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N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates |
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4g 201-90 |
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1
(M., 11 and 12 Vict., Cap, 42.)
Depositions of Witnesses.
New South Wales, Sydney
TO WIT. }
The examination of J Shankleton a Sergeant of the Police Force of the Colony of New South Wales, and Francis Watson of Newtown in the said Colony, Journalist taken on oath this 11th day of June in the year of Our Lord one thousand eight hundred and ninety five at Sydney 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 Thomas Roberts who is charged this day before me for that he the said Thomas Roberts on the 3rd day of June 1895 at Sydney in the said Colony, indecently did assault one Alfred Stanley a male person.
2
Thomas Roberts 37
Second Case
Assaulting one Alfred Stanley.
Accused is remanded till 2.30 pm on Tuesday next on the application of the Police. Bail refused.
Sydney 7th June 1895.
[Signed] Whittingdale Johnson, SM.
3
This deponent Sergeant Joseph Shankleton on his oath states:–
About 9 pm on the 3rd instant (3rd June) I was in charge of No. 1 Station when from something I heard I went to No. 3 Cell where the accused, a man named Alfred Stanley and another named Francis Watson were confined having been previously locked up for drunkenness. I looked through the trap door of the cell and saw the accused lying partly on his left side and partly on his face on a bench. Stanley was lying on the floor partly on his right side and partly on his back with his hands round the accused’s back. I opened the door and went in, pulled them asunder and then saw that Stanley Roberts had his penis in Stanley’s mouth. Accused had his arms around Stanley’s head holding it. Stanley jumped up and I asked him what he was doing. He replied “The man is drunk.” When accused saw me in the cell he turned over on his right side and adjusted his trousers. I charged him with lewdness and he made no answer to the charge.
I afterwards charged him with indecently assaulting Alfred Stanley a male. He made no reply to the charge.
[Signed] J Shankleton Sgt.
Taken and sworn at the Central Police Court, Sydney, this 11th day of June 1895 before me.
[Signed] Whittingdale Johnson, SM.
4
This deponent Francis Watson on his oath states:–
I am a journalist residing at Newtown.
On the night of the 3rd instant I was locked up in No. 3 Cell at No. 1 Station. I saw the accused brought in and lie down on the bench alongside a man named Stanley who was also locked up there. They embraced each other. They had some whispering and then each commenced to unbutton the other’s trousers. After a short period Stanley knelt down in front of accused and said to him “Put it in my mouth.” Accused put his penis in Stanley’s mouth. He took it out and Stanley said to him “Put it in again” and accused did so. The two men went on to a bench in the corner. I called the attention of the Police to what was going on and the last witness came into the cell.
[Signed] Francis Watson.
Taken and sworn at Central Police Court, Sydney, this 11th day of June 1895 before me.
[Signed] Whittingdale Johnson, SM.
5
(N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales, Sydney
TO WIT. }
Thomas Roberts stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 11th day of June in the year of Our Lord one thousand eight hundred and ninety five for that he, the said Thomas Roberts on the 3rd day of June 1895 at Sydney, in the said Colony, indecently did assault one Alfred Stanley a male person 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 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 may be given in evidence against him upon his trial, not withstanding such promise or threat; and the said charge being read to the said Thomas Roberts, and the witnesses for the prosecution J Shankleton and Francis Watson being severally examined in his presence, the said Thomas Roberts 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 Thomas Roberts saith as follows:– “I was drunk and do not remember anything at all about it.”
Taken before me, at Sydney, in the said Colony, the day and year first above mentioned.
[Signed] Whittingdale Johnson, SM.
6
G. 190.
REGINA.
versus
Thomas Roberts
Offence,— Indecently assaulting a male person
The accused stands committed to take his trial at the next Court of Gaol Delivery to be holden at Sydney, on the 22nd day of July 1895. Bail allowed the accused in £80 and two sureties in £40 each, or one in £80
[Signed] Whittingdale Johnson,
JP.
Dated at Central Police
Office, Sydney
this 11th
day of June
AD 1895.
4g 416 - 88
7
(O., 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
New South Wales,
TO WIT. }
Be it remembered, that on the 11th day of June in the year of Our Lord one thousand eight hundred and ninety five J Shankleton a Sergeant of the Police Force, Francis Watson of Newtown in the Colony of New South Wales, Journalist personally came before the undersigned, one of Her Majesty’s Justices of the Peace for the said 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] Joseph Shankleton, Francis Watson.
Taken and acknowledged, the day and year first above mentioned at Sydney in the said Colony, before me.
[Signed] CAH Redgrave.
The condition of the within written Recognizance is such, that whereas Thomas Roberts was this day charged before Whittingdale Johnson Esquire one of Her Majesty’s Justices of the Peace for the said Colony, with indecently assaulting one Alfred Stanley a male person.
If therefore, they the before mentioned persons shall appear at the next Court of Gaol Delivery to be holden at Darlinghurst in and for the Colony of New South Wales, on the 22nd day of July 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 Thomas Roberts for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Thomas Roberts.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] CAH Redgrave JP.
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[On the depositions’ cover sheet is the following]
Central Criminal Court,
Sydney.
22nd Jul 1895
AG’s No. 159
Depositions.
CS’s No. 7
Regina
v.
Thomas Roberts
Indecent Assault
Committed at: Central Police Office
on: 11th June 1895
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June 3/95 at Sydney
S[ection] 60 Indecent assault upon a male person
[Initialled] C[harles] G[regory] W[ade, Crown Prosecutor]
18/6/95
[Signed] JH Want [AG]
2/7/95
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Justice HE Cohen’s notebook 4
2
[Sydney, 22nd July 1895]
Thomas Roberts – Indecent assault on Alfred Stanley – a male person – June 3 – at Sydney.
Plea not guilty.
See Sec. 60 Ch G Act (?)
Wade for Crown.
George Milton Evans. Senior Constable at Sydney. June 3 at No. 1 Police Station at night time. Accused there in No. 3 cell – Alfred Stanley in same cell & another prisoner Watson – witness for Crown. Roberts was locked up for being drunk at 8.10 pm. My attention drawn to cell about 9 pm. I heard knock, went to door, looked through trap door and saw Watson standing there still knocking. Light outside cell – hole in wall which shows good light inside. Watson said something. I then looked through the hole, saw inside. Saw Roberts lying on his side, partly on one of the (yard ?) beds – about 6 inches high. He was lying on his left side – Stanley lying on his right side – his head about Roberts’ middle – close to him – close communication. Stanley had his
3
hands round Roberts’ back & Roberts his hands round Stanley’s head – hugging each other. I went into charge room & made a report to Sergeant Shankleton. We returned to cell. Shankleton opened door. We went to where the accused were. They were in same position as I have described – I was away a few seconds, less than a minute. Sergeant took hold of the two & pulled them apart. I saw Roberts’ penis come out of Stanley’s mouth. Roberts turned over on his side & buttoned his trousers. Sergeant said to Roberts & Stanley what are you doing. Accused said nothing. Stanley said oh the man is drunk. Stanley was placed in another cell – apart from Roberts. Shankleton charged Roberts with notorious lewdness in cell. He said he didn’t know anything about it.
To me. He appeared to me to know perfectly well what he was doing when he was charged – both did.
To accused. It was about 3 o’clock in morning when he
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was charged.
To me. Roberts was drunk when he came to station. Constable who arrested him assisted him into cell.
Francis Watson. Journalist. I was locked up June 3 for drunkenness in cell at No. 1 Police Station. I was put in about 7 pm – first in that cell. Dark man came in first afterwards – I have since heard him called Stanley – who was under influence of drink. Roberts came in afterwards. I knew then what I was doing. I had been knocked down, taken to infirmary, overhauled there and from there taken to Police Station – because it was thought I was unable to take care of myself. I was quite conscious & could appreciate what was going on. Roberts may have been drunk – I didn’t pay much attention to him. Roberts and Stanley both lying on the bench and they were whispering & commenced to embrace one another. This was in less than 10 minutes after Roberts came into cell I should imagine. I could see each unbut-
5
toning the trousers of the other. I then called attention of Police – rapped at door & sung out come here, come here. No one came then. Then the dark man got on to his knees & said put it in my mouth & then Roberts put his penis into Stanley’s mouth. They got pulling one another about – struggling. Evans came & I told him something – & then Shankleton came. By this time they struggled into corner with their persons all exposed & rolled over on to bench. Shankleton Sergeant separated them. I could then see their persons all exposed. They were then taken from that cell.
To accused. As far as I am aware you didn’t speak to anyone. You put his arms round your neck & he put his hands round you.
Joseph Shankleton. Sergeant at No. 1 Station on June 3 last. I saw Roberts there that night. I saw him when first brought to station. He was drunk, charged with being drunk & disorderly when
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brought there – pretty drunk. If he hadn’t been disorderly he might have got home all right – not helplessly drunk. He gave particulars as to his name, age, occupation, country where born, religion & whether he could read or write. I can’t say whether he understood at once as there are so many charged & I can’t recollect the circumstances of each man being charged. Roberts locked up at 8.10. I saw Evans at 9 pm. I went to cell door, opened it. Accused, Stanley & Watson there – accused lying on a (yard ?) bench, partly on his left side & partly on his face – Stanley on floor of cell, partly on right side & partly on his back – Roberts about 6 inches higher than Stanley, partly covering Stanley – Roberts’ thigh covering Stanley’s head. Stanley had his arms round Roberts’ back. Roberts’ hands appeared to be holding Stanley’s head. I caught Stanley by collar & Roberts by thigh & pulled them asunder. Roberts’s penis was in Stanley’s mouth. Stanley jumped up. I asked him what he had been doing – Roberts (quite ?) (close ?).
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Stanley said the man is drunk. Roberts looked up. He had been lying on the bench all the time & seeing me he rolled on to his right side & adjusted his trousers. I took Stanley out, put him in another cell. I left Roberts in same cell. I am not certain whether I left him in that cell then – but before daylight I had removed him to another (cell ?). I charged Roberts & Stanley about an hour afterwards with lewdness. Stanley then appeared to be more drunk than when offence committed – Roberts appeared to be about the same. At 3 am I brought both out of cells & again read charge over to them. Roberts made no reply – Stanley said surely you will not charge us with that, drunkenness is a form of insanity.
Crown case closes.
Thomas Roberts. Accused. On night of June 3 I was drunk. I remember nothing at all of what occurred after ½ past 7 on that evening. I remember sitting down at the office in the Police Station. I cannot say at what time this was. Another man
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there sitting alongside of me & the Sergeant (last witness). He was speaking to this man sitting alongside of me. I don’t remember them speaking to me or charging me with anything that night. I recollect nothing after that till I woke up the next morning, being in a cell by myself.
To Wade. I remember Shankleton talking to Stanley about something. I was too stupid at time. I didn’t take any notice as I didn’t think it concerned me. I remember everything after I woke up in the cell in the morning. At ½ past 7 I was standing at footpath outside Tattersalls – a good while – from 7 to 7.30 – walking in and out of bar, I suppose. A man then with me, a shipmate of mine, David Burns. When he left me he did so to go to the (Sycamore ?) – about ½ past 7 – it may have been a ¼ to 8. Burns was shouting. I had a 2/- piece – I don’t know what I did with ⅓ of it after he left me. I had been drinking at Tattersalls bar. I know I had ⅓ when I was sober last. On the Friday they told me I had 9d. left when they
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asked me if I would like any (more ?).
I direct the Jury that drunkenness is no excuse for this offence, even if proved – that the evidence if believed proves the charge – which it was for them to determine – that consent is immaterial.
Jury retire at 11.35 am.
“ return at 12 o’clock
Verdict Guilty – remanded for sentence
July 30/95 Sentence 6 months imprisonment in Darlinghurst Gaol with hard labour.
Previous conviction.
March 2/95 Water Police office – Drunk & disorderly – 4 days hard labour.
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The Daily Telegraph, Tue 23 Jul 1895 5
CENTRAL CRIMINAL COURT.
Monday, July 22.
(Before Mr Acting-Justice Cohen.)
ASSAULT.
Thomas Roberts denied a charge of assaulting Alfred Stanley in a cell at No. 1 Police-station, and being found guilty, was remanded for sentence.
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The Sydney Morning Herald, Tue 23 Jul 1895 6
CENTRAL CRIMINAL COURT.–Monday
(Before his Honor Mr Acting Justice Cohen.)
Mr Wade prosecuted on behalf of the Crown.
…
ASSAULTS.
Thomas Roberts, an elderly man, pleaded not guilty to having indecently assaulted Alfred Stanley in a cell in No. 1 Police Station on 3rd June. Accused was found guilty, and was remanded for sentence.
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The Daily Telegraph, Wed 31 Jul 1895 7
CENTRAL CRIMINAL COURT.
(Before Mr Acting Justice Cohen.)
Mr CG Wade prosecuted on behalf of the Crown.
SENTENCES.
…
Thomas Roberts and Alfred Stanley, found guilty of an assault in a police cell, were each sentenced to six months’ hard labour in Darlinghurst Gaol.
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The Sydney Morning Herald, Wed 31 Jul 1895 8
CENTRAL CRIMINAL COURT.–Tuesday
(Before his Honor Mr Acting Justice Cohen.)
Mr CG Wade acted as Crown prosecutor.
SENTENCES.
…
Thomas Roberts and Alfred Stanley, found guilty of an assault, were each sentenced to six months’ imprisonment in Darlinghurst Gaol.
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Thomas Roberts, Gaol photo sheet 9
![SRNSW: NRS2138, [3/6058], Darlinghurst Gaol photographic description book, 1894-1895, No. 6354, p. 140, R5105.](../../images/trials/1895-Roberts-6058-gaol-photo-6354-Thomas-Roberts.jpg "SRNSW: NRS2138, [3/6058], Darlinghurst Gaol photographic description book, 1894-1895, No. 6354, p. 140, R5105.") |
Gaol Photo Sheet - Transcribed Details
No. 6354
Date when Portrait was taken: 12/6/1895
Name: Thomas Roberts
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Native place: England Year of birth: 1860 Arrived Ship: Lancashire Trade or occupation Religion: Baptist Education, degree of: R&W Height: 5' 4¾" Weight On committal: 146 Colour of hair: Brown Colour of eyes: Blue |
Marks or special features: Ballet girl on left forearm; English coat of arms right forearm. Hair thin on top |
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(No. of previous Portrait ... ) PREVIOUS CONVICTIONS |
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Sydney GD |
22 |
7 |
1895 |
Indecent assault on a male person |
6 months HL |
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Convicted with Alfred Stanley |
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Alfred Stanley, 1895
Depositions for Alfred Stanley 22 Jul 1895 Sydney trial 10
(a) Town. |
Letter from Bench of Magistrates at (a) the Central Police Office Sydney |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Regina v. (b) Alfred Stanley |
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(c) Offence. |
(c) Indecently assaulting a male person. |
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(d) Town. |
Central Police Office, (d) Sydney |
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13th April 1895 |
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Sir, |
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(e) Name of accused |
case of (e) Alfred Stanley |
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(f) “His” or “her” |
who has been committed to take (f) his |
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(g) “Circuit Court,” or |
trial at the (g) Gaol Delivery |
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to be held at (h) Sydney |
on Monday |
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(h) Town where Court |
the 22nd day of July 1895 |
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The accused is (i) confined in the gaol at Darlinghurst |
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(i) “Is confined in the |
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(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) Joseph Shankleton a Sergeant of the Police Force and George Evans a Constable of the Police Force and Francis Watson of Newtown Journalist.
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(l) Short description to enable identification. |
The Exhibits enclosed are (l) Nil |
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I have the honor to be, |
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[Signed] C[harles] AH Redgrave |
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Acting Clerk of Petty Sessions & Chamber Magistrate |
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The Secretary, |
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N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates |
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4g 201-90 |
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1
(M., 11 and 12 Vict., Cap. 42.)
Depositions of Witnesses.
New South Wales, Sydney
TO WIT. }
The examination of Joseph Shankleton a Sergeant of the Police Force of the Colony of New South Wales, George Evans a Constable of the Police Force of said Colony and Francis Watson of new in the said Colony, taken on oath this 11th day of June in the year of Our Lord one thousand eight hundred and ninety five at Sydney 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 Alfred Stanley who is charged this day before me for that he the said Alfred Stanley on the 3rd day of June 1895 at Sydney in the said Colony, indecently did assault one Thomas Roberts a male person.
2
Alfred Stanley 27
Second case
Assaulting one Thomas Roberts.
Accused is remanded till 2.30 pm on Tuesday net [sic–next] on the application of Mr Oliver. Bail refused.
Sydney 7th June 1895.
[Signed] Whittingdale Johnson, SM.
3
This deponent Sergeant Joseph Shankleton on his oath states:–
About 9 pm on the 3rd instant I was in charge of No. 1 Station and from something I heard I went to No. 3 Cell. The accused a man named Thomas Roberts and another named Frank Watson were confined there having been previously locked up for drunkenness. I looked through the trap door in the cell and saw the man Roberts lying partly on his left side and partly on his face on a bench. Accused was lying on the floor partly on his right side and partly on his back. His arms were round Roberts’ back. I quietly opened the door and ran in, caught Stanley by the shoulder and Roberts by the thigh and pulled them asunder. I then noticed that Stanley had Roberts’ penis in his mouth. When I pulled them asunder Stanley jumped up and I asked him what he was doing. He replied “Oh nothing. The man’s drunk.” Stanley was lying in such a position that I could not see what he [was] doing until I pulled them apart. Roberts appeared to be holding Stanley’s head up towards him.
I took accused out of the cell and charged him with lewdness and he asked me what was the nature of the offence. said “Surely you would not charge a man with that. Drunkenness is a form of insanity.”
I afterwards charged him with indecently assaulting Thomas Roberts a male. He replied “What is the nature of the assault?”
Accused had been locked up for drunk and disorderly at 7.15 pm. He was not very drunk. He was not perfectly sober at 9 o’clock when I went into the cell. There was a gas light burning outside the cell and the light shone into the cell. The cell was not dark.
4
Accused did not appear to be stupid from drunk at that time but an hour after he pretended to be.
[Signed] J Shankleton Sgt.
Taken and sworn at the Central Police Court, Sydney, this 11th day of June 1895 before me.
[Signed] Whittingdale Johnson, SM.
5
This deponent Senior Constable George [Milton] Evans on his oath states:–
About 9 pm on the 3rd instant I was a reserve duty at No. 1 Station when I heard a knocking at the door of No. 3 Cell in which the accused, a man named Roberts and another man were locked up. I went to the door and in consequence of what I was told I looked through the trap door and saw the accused and Roberts in a very peculiar position. Roberts was lying on his side on one of the benches and Stanley was lying on the floor with his head about Roberts’ middle. I informed the last witness and then went with him to the cell. He opened the door and I saw that Roberts was lying on his left side with the upper part of his body on the bench and the lower part on the floor. Stanley was lying on the floor with his arms round Roberts’ back. Roberts had his hands down round Stanley’s head. Last witness pulled them apart and I then saw that Roberts had his penis in Stanley’s mouth.
[Signed] Geo Evans Senior Constable.
Taken and sworn at the Central Police Court, Sydney, this 11th day of June 1895 before me.
[Signed] Whittingdale Johnson, SM.
6
This deponent Francis Watson on his oath states:–
I am a journalist residing at Newtown.
On the night of the 3rd instant I was locked up in a cell at No. 1 Station when Stanley was brought in. He made a blow at me and told me to get up. I stood up and he threw himself down on the bench. Shortly after Roberts was brought in and lay down alongside the accused. They commenced to embrace and kiss each other. They whispered to each other then each commenced to unbutton the trousers of the other. After that Stanley got up, knelt down in front of Roberts and said to him “Put it in his my mouth”. Roberts then put his penis in Stanley’s mouth. He took it out and Ro Stanley said to him “Put it in again” and Roberts did so. I rapped at the door and called the attention of the Police to what was going on.
I could not tell how long I had been locked up when Stanley was brought in. Stanley had been in the cell about an hour when this took place. What I saw only took about 5 minutes. I said to them “Are you men or beasts?” I did not observe one lying down and the other lying alongside him holding his head with his hands. When I saw them one was kneeling in front of the other who was standing up.
I was sober enough when I called you. When you came into the cell the men had gone on to the bench again and were lying down on it.
[Signed] Francis Watson.
Taken and sworn at the Central Police Court, Sydney, this 11th day of June 1895 before me.
[Signed] Whittingdale Johnson, SM.
7
(N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales, Sydney
TO WIT. }
Alfred Stanley stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 11th day of June in the year of Our Lord one thousand eight hundred and ninety five for that he, the said Alfred Stanley on the 3rd day of June 1895 at Sydney, in the said Colony, indecently did assault one Thomas Roberts a male person 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 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 may be given in evidence against him upon his trial, notwithstanding such promise or threat; and the said charge being read to the said Alfred Stanley, and the witnesses for the prosecution J Shankleton, George Evans and Francis Watson being severally examined in his presence, the said Alfred Stanley 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 Alfred Stanley saith as follows:– “I reserve my defence.”
Taken before me, at Sydney, in the said Colony, the day and year first above mentioned.
[Signed] Whittingdale Johnson, SM.
8
G. 190.
REGINA.
versus
Alfred Stanley
Offence,— Indecently assaulting a male person
The accused stands committed to take his trial at the next Court of Gaol Delivery to be holden at Sydney, on the 22nd day of July 1895. Bail allowed the accused in £80 and two sureties in £40 each, or one in £80
[Signed] Whittingdale Johnson
JP.
Dated at Central Police
Office,
this 11th
day of June
AD 1895
4g 416 - 88
~ ~ ~ ~ ~
(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
New South Wales, Sydney
TO WIT. }
Be it remembered, that on the 11th day of June in the year of Our Lord one thousand eight hundred and ninety five Joseph Shankleton a Sergeant of the Police Force, George Evans of Sydney in the Colony of New South Wales, Senior Constable, Francis Watson of Newtown in the said Colony, Journalist personally came before the undersigned, one of Her Majesty’s Justices of the Peace 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] Joseph Shankleton, Geo Evans, Francis Watson.
Taken and acknowledged, the day and year first above mentioned, at Sydney in the said Colony, before me.
[Signed] CAH Redgrave JP.
The condition of the within written Recognizance is such, that whereas Alfred Stanley was this day charged before Whittingdale Johnson Esquire one of Her Majesty’s Justices of the Peace for the said Colony, with indecently assaulting one Thomas Roberts a male person.
If therefore, they the before mentioned persons shall appear at the next Court of Gaol Delivery to be holden at Darlinghurst in and for the Colony of New South Wales, on the 22nd day of July 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 Alfred Stanley for the offence aforesaid to the jurors who shall pass upon the trial of the said Alfred Stanley.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] CAH Redgrave JP.
~ ~ ~ ~ ~
[On the depositions’ cover sheet is the following]
Central Criminal Court,
Sydney
22 July 1895
AG’s No. 157
Depositions.
CS’s No. 8
Regina
v.
Alfred Stanley
Indecent Assault
Committed at: Central Police Office
on: 11th June 1895
~ ~ ~ ~ ~
June 3/95 at Sydney
S[ection] 60 Indecent assault upon a male person
[Initialled] C[harles] G[regory] W[ade, Crown Prosecutor]
18/6/95
[Signed] JH Want [AG]
2/7/95
~ ~ ~ ~ ~
Justice HE Cohen’s notebook 11
24
[Sydney, 22nd July 1895]
Alfred Stanley
Indecent assault on Thomas Roberts – July 22nd 1895.
Sec. 60
Wade for Crown
WA Walker for prisoner
Francis Watson – Journalist. Locked up on charge of drunkenness on June 3 at Bathurst Street Station – I can’t say at what time. I had been knocked down by van, taken to Infirmary & then to Police Station. I was locked up in a cell. I was by myself – the fire was burning. The accused was brought in. I was sitting on a bench & accused said to me get away out of there you are no friend of mine. I said be careful you may make a mistake. I got up and looked at man – (?) & rested against wall. Another man came in called Roberts I think. They commenced whispering & embracing, their arms round each other’s necks. I looked at them & laughed. Then accused put his hand down towards the other person’s person & the other man did the same thing to accused. After that I saw fly of trousers of both men open & could see their shirts. Accused little time after
25
said to the other man put it in my mouth. The other man put his penis in the mouth of the accused. During this time I was wr rapping at door for police, & they came in about 5 minutes. I then saw Evans & told him something. The (Shankleton) Sergeant came. At that time the 2 men were struggling & pulling one another about. They got into corner of cell & rolled over on to the bench or towards it. I saw Shankleton separate the men. I then saw all their persons exposed. I don’t I couldn’t They were as sober as I was. Evidently from the way they were speaking.
Cross-examined. I had been drinking. I can’t say how many I had that day. I have written for many papers. I am not writing for any paper at present. I last wrote for Rockdale Argus – about 12 months back. I was carrying it on. I commenced drinking about 1 o’clock in the day. I wasn’t at all surprised at what took place. I am not at all surprised at anything. I was suppose I was angry at the time – I forget whether I was angry at the time. Gas burning when accused came to cell – it burns I felt disgusted when this started. I said in Court (?) I couldn’t tell how long I
26
had been locked up when Stanley came in. I don’t believe I said at the Police Court “that I didn’t observe one lying down & the other lying alongside holding his head with his hands”. I don’t think I did.
To Wade. When I first knocked, Stanley was on his knees & then said “put it in my mouth”. They then got over in corner & the police came.
George Milton Evans. Senior Constable (stationed ?) at No. 1 Station. June 3 last Watson brought in at about 5.40 pm Stanley brought in at 7.15 pm – put in same cell as Watson – charged with being drunk & disorderly. Roberts brought on same charge at 8.10 pm for being drunk & disorderly. About 9 pm I heard rapping at door & went to this cell. Looked through trap & saw Watson who told me something. I saw accused & another man Roberts lying on floor. Roberts partly on (guard ?) on his left side. Accused on his right side with his face close to Roberts’s middle. Stanley had his arms round Roberts back & he had his hands
29 [pp. 27-28 are blank]
round Roberts head. There is a grating at top of one of the walls & light came through that into cell. I then reported to Shankleton. He got the key & returned with me to cell. He opened door. We both went in – went to where accused & other man were lying – caught hold of them & pulled them apart. I then saw accused’s Roberts’s penis coming out of Stanley’s mouth. Accused got on to his feet. Sergeant said what are you doing. Stanley said the man is drunk & he – Stanley was then taken to another cell. He walked by himself. At the time accused got on to his feet, Roberts rolled over to bench & seemed to be adjusting his trousers. I heard the men charged with notorious lewd nexus at about 3 am. Accused said for God’s sake don’t charge me with that, drunkenness is a form of insanity. Roberts said I don’t know anything about it.
Cross-examined Walker. The opening in cell through which the light comes is about 8 ft from floor. It is about 3 ft long & about 12 or 18 in. high. There are 2 bars on it, about 1½ or
30
2 in. thick. The rapping I went almost as soon as I heard the rapping.
Joseph Shankleton. Sergeant of Police at Sydney No.1 Station. There on June 3. I remember Watson, Roberts & accused being locked up. About 9 o’clock I was told something & went into the cell & saw the three men there. Watson was just inside door. Accused lying on ground on floor of cell partly on his right side & partly on his back. Roberts lying on a bench, partly on left side & partly on bench with face. The bench about 6 in. from ground – his right leg covering accused’s head. I caught Accused’s hands about round Roberts back & Roberts hands apparently down in front of him holding accused’s head. I caught accused by shoulder with one hand & Roberts leg with the other & separated them, & saw that accused had Roberts penis in his mouth. Accused jumped up. I asked him what he had been doing. He replied Oh the man is drunk, referring to Roberts. I took accused out of cell
31
& put him in a cell by himself. Some time afterwards I brought accused & Roberts in to charge room, & charged them with lewdness. Accused replied you won’t charge me with that, drunkenness is a form of insanity. When I first brought them out to charge them accused pretended to be very drunk. I put both p men into separate cells then & at 3 o’clock in the morning I brought them out & charged them, & that was the time accused spoke about drunkenness being a form of insanity.
Cross-examined. I said at Police Court that Roberts appeared to be holding Stanley’s head up towards him. On June 7 I charged him with indecent assault & I he then asked me the nature of assault.
Case for Crown.
Alfred Stanley. Accused. I have been for some years (6) acting as clerk to William Cray & Co. auctioneers, Sydney. I don’t remember being locked up on June 3. My recollection of that day The last thing I recollect
32
was taking a drink on that day about 6 o’clock. I had been drinking all that day. I had lost a lot of money £200 or £300 in (mining ?). My next recollection is being awoke in a padded cell where I was alone & taken out & charged with something I can’t recollect, but of the nature of this present charge. I had no knowledge till explained to me of the offence. I now have no remembrance of it. I had never seen Roberts before June 3. I am well educated – speak 3 languages besides my own.
Cross-examined. I first saw Roberts distinctly in the lower Court. I had been drinking pretty heavily – during the month of May. My heavy losses had been preying on me.
To Walker. I have never been charged with anything in my life before.
Walker addresses Jury.
In reply.
Shankleton. When I went into cell accused jumped up all right & when I was speaking to him as to what he had
33
been doing he said Oh the man is drunk. Accused walked into the other cell, I holding his coat sleeve, but he could have walked alone & steadily into cell. When he first came in, he was considerably under influence of drink, but I saw him walk from dock into passage – constable holding his arm. He was not helplessly drunk then – this was about 1¾ hours before I was called to the cell. He gave me the usual particulars as to age, religion. I sit with my back to prisoners when they give particulars. He seemed to understand when I asked him what they had been doing.
Cross-examined. He was brought in for being drunk & disorderly. He did show signs of drunkenness when put in padded cell. The
To Wade. Constable Horsell arrested accused.
GM Evans recalled. From what I saw of accused he seemed to understand what he was doing.
Cross-examined. I saw him several times in padded cell. He lay down part of time in padded cell.
34
Harry Herbert Horsell. Constable. Arrested Stanley on June 3 about a little before 2. Under influence of liquor, creating a disturbance & pulling a man about in the street – about 300 yards from Station. He was able to walk without assistance. I had to assist him as he resisted.
Cross-examined. He had hold of a man by the arm – wanted to go to hotel to have a drink I think.
Case in reply closed.
Walker. This man victim of this occurrence & not an active participant in it.
I direct Jury that if accused was not a victim of Roberts, if the position was not forced upon him, but if he was an active & voluntary participator, though drunk at time he is guilty.
Jury retire at 5.15 pm
“ return at 5.48.
Verdict – Guilty
July 30/95 Each has been in Gaol for two months. Walker asks me to deal with him under the 1st offenders act.
Sentence. 6 months in Darlinghurst Gaol with hard labour.
~ ~ ~ ~ ~
The Daily Telegraph, Tue 23 Jul 1895 12
CENTRAL CRIMINAL COURT.
Monday, July 22.
(Before Mr Acting-Justice Cohen.)
ASSAULT.
Thomas Roberts [see Thomas Roberts, 1895] denied a charge of assaulting Alfred Stanley in a cell at No. 1 Police-station, and being found guilty, was remanded for sentence.
~ ~ ~ ~ ~
Evening News, Tue 23 Jul 1895 13
CENTRAL CRIMINAL COURT.
————
ASSAULT.
Thomas Roberts was charged with having assaulted Alfred Stanley on June 3. The assault was alleged to have taken place in a police cell. The jury found the accused guilty, and he was remanded for sentence.
Alfred Stanley was charged with having committed an indecent assault on Thomas Roberts in a cell at No. 1 Police Station. The jury returned a verdict of guilty, and accused was remanded for sentence.
~ ~ ~ ~ ~
The Sydney Morning Herald, Tue 23 Jul 1895 14
CENTRAL CRIMINAL COURT.–Monday
(Before his Honor Mr Acting Justice Cohen.)
Mr Wade prosecuted on behalf of the Crown.
HIS HONOR CONGRATULATED.
Upon his Honor taking his seas Mr Wade, on behalf of the Bar, congratulated his Honor on his appointment, and eulogised the abilities of his Honor. He assured him of the hearty co-operation of the profession.
Mr Williamson, on behalf of the other branch of the profession, also congratulated his Honor.
Mr Acting Justice Cohen thanked them for their expression of goodwill, and said he would endeavour to uphold the example set by Sir George Innes, who for 14 years had given complete satisfaction upon the bench. He trusted that Sir George Innes would speedily recover his health.
…
ASSAULTS.
…
Alfred Stanley was charged with having committed an indecent assault on Thomas Roberts in a cell at No. 1 Police Station. Mr WA Walker, instructed by Mr JW Abigail, appeared for the accused. The jury returned a verdict of guilty, and accused was remanded for sentence.
~ ~ ~ ~ ~
The Daily Telegraph, Wed 31 Jul 1895 15
CENTRAL CRIMINAL COURT.
(Before Mr Acting Justice Cohen.)
Mr CG Wade prosecuted on behalf of the Crown.
SENTENCES.
…
Thomas Roberts and Alfred Stanley, found guilty of an assault in a police cell, were each sentenced to six months’ hard labour in Darlinghurst Gaol.
~ ~ ~ ~ ~
The Sydney Morning Herald, Wed 31 Jul 1895 16
CENTRAL CRIMINAL COURT.–Tuesday
(Before his Honor Mr Acting Justice Cohen.)
Mr CG Wade acted as Crown prosecutor.
SENTENCES.
…
Thomas Roberts and Alfred Stanley, found guilty of an assault, were each sentenced to six months’ imprisonment in Darlinghurst Gaol.
~ ~ ~ ~ ~
Alfred Stanley, Gaol photo sheet 17
![SRNSW: NRS2138, [3/6058], Darlinghurst Gaol photographic description book, 1894-1895, No. 6353, p. 139, R5105.](../../images/trials/1895-Roberts-6058-gaol-photo-6353-Alfred-Stanley.jpg "SRNSW: NRS2138, [3/6058], Darlinghurst Gaol photographic description book, 1894-1895, No. 6353, p. 139, R5105.") |
Gaol Photo Sheet - Transcribed Details
No. 6353
Date when Portrait was taken: 12/6/1895
Name: Alfred Stanley
|
Native place: England Year of birth: 1868 Arrived Ship: Chilton Trade or occupation Religion: C of E Education, degree of: R&W Height: 5' 5⅝" Weight On committal: 138 Colour of hair: Black Colour of eyes: Brown |
Marks or special features: Scar on left forefinger |
|
(No. of previous Portrait ... ) PREVIOUS CONVICTIONS |
|||||
| Where and When | Offence. | Sentence | |||
|
Sydney GD |
22 |
7 |
1895 |
Indecent assault on a male person |
6 months HL |
|
Convicted with Thomas Roberts |
|||||
1 Evening News, (Sydney, NSW), Tue 4 Jun 1895, p. 6.
2 Evening News, (Sydney, NSW), Wed 12 Jun 1895, p. 5.
3 SRNSW: NRS880, [9/6886], Supreme Court, Papers and depositions, Sydney, Jul 1895, No. 159. Emphasis added.
4 SRNSW: NRS5784, [2/2642], Judiciary, HE Cohen, J. Notebooks Criminal Causes (Darlinghurst), 1895-1910, pp. 2-9. Emphasis added.
5 The Daily Telegraph, Tue 23 Jul 1895, p. 2.
6 The Sydney Morning Herald, Tue 23 Jul 1895, p. 5.
7 The Daily Telegraph, Wed 31 Jul 1895, p. 7.
8 The Sydney Morning Herald, Wed 31 Jul 1895, p. 7.
9 SRNSW: NRS2138, [3/6058], Darlinghurst Gaol photographic description book, 1894-1895, No. 6354, p. 140, R5105.
10 SRNSW: NRS880, [9/6887], Supreme Court, Papers and depositions, Sydney, Jul 1895, No. 157. Emphasis added.
11 SRNSW: NRS5784, [2/2642], Judiciary, HE Cohen, J. Notebooks Criminal Causes (Darlinghurst), 1895-1910, pp. 24-26, 29-34. (pp. 27-28 are blank). Emphasis added.
12 The Daily Telegraph, Tue 23 Jul 1895, p. 2.
13 Evening News, (Sydney, NSW), Tue 23 Jul 1895, p. 5.
14 The Sydney Morning Herald, Tue 23 Jul 1895, p. 5.
15 The Daily Telegraph, Wed 31 Jul 1895, p. 7.
16 The Sydney Morning Herald, Wed 31 Jul 1895, p. 7.
17 SRNSW: NRS2138, [3/6058], Darlinghurst Gaol photographic description book, 1894-1895, No. 6353, p. 139, R5105.