Thomas Tweedie and Martin Freany, 1878 

 

The Sydney Morning Herald, Thu 3 Jan 1878 ¹

WATER POLICE COURT.
WEDNESDAY. [2 Jan 1878]

    Before the Water Police Magistrate [John Milbourne Marsh], and Messrs Painier, Edwards, Taylor, Senior, and Brown.

    Nine persons were fined for drunkenness.
…
    Thomas Tweedie [aka Teedie], aged 31, and Michael Freeney [aka Freany], aged 19, charged by constable Cable with having committed an unnatural offence, were committed to stand trial at the next sittings of the Central Criminal Court.

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Depositions for Thomas Tweedie and Martin Freany 14 Feb 1878 Sydney trial ²

Attorney General’s Department NSW

No. 505
3.1.78

Water Police Office

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

Depositions of Witnesses.

New South Wales, City of Sydney,
TO WIT.                                      }

The examination of Senior Constable William Cable of the City of Sydney in the Colony of New South Wales, and Myles Egan, Medical Practitioner taken on oath this 2nd day of January in the year of Our Lord one thousand eight hundred and seventy eight at the Water Police Court 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 Tweedie [aka Teedie] and Martin Freany   [aka Freeny] who are charged this day before me for that they the said Thomas Tweedie and Martin Freany on the 1st day of January 1878 at the City of Sydney in the said Colony, did then feloniously make an assault and then feloniously, wickedly and against the order of Nature had a venereal affair with each other and then feloniously carnally knew each other and then feloniously, wickedly and against the order of Nature did commit and perpetrate that detestable crime of buggery against the Peace of Our Lady the Queen, her Crown and Dignity

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Thomas Tweedie and Martin Freany 

    Senior Constable William Cable on oath states: I arrested the prisoners before the Court at 20 minutes to 12 o’clock last night in the Domain. The prisoner Tweedie was lying on his right side on the ground partly on his stomach. Martin Freany was lying on top of Tweedie. I walked up close within a couple of feet of prisoners and said “What are you doing there?” With that Freany rolled off Tweedie. Tweedie’s trousers were right down below his thighs. His posterior was

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naked up to the small of his back. I put my hand on Thomas Tweedie’s on the back. The front of Tweedie’s trousers was unbuttoned and part of his shirt out. When Freany rolled off Tweedie he caught his person with his hand in his shirt. I then caught hold of him by his person, which was exposed, and said “What are you doing here, you dirty beasts?” Freany (the boy) said “We are doing nothing.” The man Tweedie said “We are doing no harm to anybody.” I then caught hold of the boy by the back of the neck. I also called caught hold of the other prisoner the [told] both of them that I was going to take them to the Police Station. Tweedie said “Okay you look over it this time?” I said to him I certainly would not. Freany said

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that if I would let him go he would never do it again. I caught hold of them and got them on their feet. After we started a few yards Freany said “I have to plead Guilty.” I told him he could plead what he liked, it made no difference to me. Tweedie said nothing, not there, but after I had got out of the Domain, Tweedie said to me whilst passing a public house, “Come in and let us have a drink. Let me go and it will be all right. We have done no injury to anybody, we were only sitting down.” I got up as far as Woolloomooloo Street with them and I got the assistance of Constable Cairns took Tweedie and I took the boy. From a question I put to Tweedie Freany he said “I do not know whether I was with him or not”. I then brought Freany

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to the Police Station Sydney and Constable Cairns brought Tweedie and I charged each of them prisoners with committing sodomy. In reply to the charge they each said “You are mistaken.” The boy Freany gave his age as 18 years and told me (before I charged him) that the man’s name was Macknamara and that his own name was John Black, but he has since given his name as Freany. On the way up I said to Freany, “I suppose he served you the way you were serving him.” Freany (Tweedie) and (Tweedie) he said “I don’t know whether I was into him or not.” I then asked him “Was you into him?” I did not hear what he said in reply. I arrested prisoners in the Domain between Palmer Street gate and the main walk near a

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plantation some distance off the footpath and which concealed them from the view of passers by. Whilst in the Domain Tweedie tried to get away and I told him if he tried to get away I would smash his head with the baton.

    Cross examined by Tweedie: I could not say how long you were there. Your posterior was exposed and I put my hand on your bare skin. I did not ask you whether you did anything to the boy. You asked me why I was taking you to the Station. I said “You dirty beast, for what you are doing.”

    Cross examined by Freany: I put my hand on your persons. I saw Tweedie, a few minutes after I came up to him, button his trousers. Freany buttoned his trousers after I

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had hold of him.

[Signed] William Cable.

Sworn at Sydney 2nd January 1878 before
[Signed] John Milbourne Marsh, PM.

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    Myles Egan on oath states, I am a legally qualified Medical Practitioner, and have examined Thomas Tweedie this morning. I found a certain amount of redness and irritation at the anus. Such appearances might have been caused by impure connexion. It is quite recent.

[Signed] Myles Egan.

Sworn at Sydney 1st January 1878 before me
[Signed] J Milbourne Marsh, PM.

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

Statement of the Accused.

New South Wales, City of Sydney,
TO WIT.                                      }

Thomas Tweedie stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 2nd day of January in the year of Our Lord one thousand eight hundred and seventy eight for that he, the said Thomas Tweedie on the 1st day of January at the City of Sydney in the Colony, did then feloniously make an assault and then feloniously, wickedly and against the order of Nature had a venereal affair with one Martin Freany and then feloniously, carnally and wickedly did commit the detestable 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, (by/or) before whom such examination has been 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 threats which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he may 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 Thomas Tweedie, and the witnesses for the prosecution William Cable Police Constable, Myles Egan Medical Practitioner being severally examined in his presence, the said Thomas Tweedie is 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 Tweedie saith as follows:– “I am not guilty.”

[Signed] Michael Freaney [sic].

Taken before me, at the Water Police Office in the said Colony, the day and year first abovementioned.
[Signed] John Milbourne Marsh, PM.

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

Statement of the Accused.

New South Wales, City of Sydney,
TO WIT.                                      }

Martin Freany stands charged before the undersigned one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 2nd day of January in the year of Our Lord one thousand eight hundred and seventy eight for that he, the said Martin Freany on the 1st day of January 1878 at the City of Sydney in the said Colony, did then feloniously make an assault and then feloniously, wickedly and against the order of Nature had a venereal affair with one Thomas Tweedie and then feloniously carnally did know each other and did feloniously, wickedly and against the order of Nature did commit and perpetrate that detestable 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 (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 may say may be given in evidence against him upon his trial, notwithstanding such promised or threat; and the said charge being read to the said Martin Freany, and the witnesses for the prosecution William Cable Police Constable, Myles Egan Medical Practitioner being severally examined in his presence, the said Martin Freany 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 Martin Freany saith as follows:– “I am not guilty.”

[Signed, Thomas] Tweedie [sic].

Taken before me at the Water Police Office, in the said Colony, the day and year first abovementioned.
[Signed] J Milbourne Marsh, PM.

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    Prisoners Thomas Tweedie and Martin Freany are committed to take their trial at the next Court of Gaol Deliverance to be holden at Sydney on the 13th day of February 1878.

    Bail refused.

Water Police Office, 2nd January 1878
[Signed] J Milbourne Marsh, PM.

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[On the depositions’ cover sheet is the following]

Criminal Court Darlinghurst
13th February 1878
No. 505
Depositions.
Regina No. 6
v.
Thomas Tweedie and Martin Freany
Buggery
Freany – Not Guilty
Tweedie – Guilty of the attempt to commit the offence charged
2 years imprisonment hard labour
[Initial illegible] 14/2/78
Committed at Water Police Court on January 2nd 1878

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Justice J Martin’s Notebook ³

122

Regina v Martin Freeny [sic] (The lad ?) and Thomas Teedie [sic]
Sodomy

SM Stephen prosecutes for the Crown
Buchanan defends the boy Teedie
No one defends Freeny

Stephen calls:
    1st witness William Cable Senior Constable. On 1st January I was on duty in the domain at the Pavillion [sic]. I left it at ½ past 11 at night. Coming away from there I saw the two prisoners about 20 minutes to 12. I was passing from the Pavillion in the domain down towards Palmer Street gate. I saw the two prisoners

123

lying down. I went over close to them – within a foot or eighteen inches of them. I saw the boy Freeny on top of the man Teedie. I said to both of them what are you doing. Freeny then turned off of Teedy – he slipped off him. I then said to them you dirty beasts what is this you are doing. Teedie’s trousers were down below his thighs and his coat was up over his hips. Freeny had the fly of his trousers unbuttoned. I could [see] Freeny’s person was very hard. I then put my (hand ?) in Teedie’s naked back part. They both sat up. Before he buttoned up his trousers Freeny caught his person in his shirt. After

124

I said “you dirty beasts what are you doing” – They said “nothing”. I then got the boy by the coat collar and the man the same way. I put my hand into his neck. I said they have to come with me. The man said “you are not going to lock us up”. I said “most certainly”. The man tried to get away from me two or three times – I called for assistance. The man tried to get away again. I told [him] if he tried to get away I’d break his skull in with the baton. I told him he would have to go [to] the watch house – Teedie then said he would go quietly with me. I said that was all I wanted him to do.

125

Just after we had started to leave the place, the boy said “I suppose I (must ?) [be] guilty”. I said “you may plead as you like it makes no difference to me”. The man said “you might as well let us go, we have done no injury to any person”. After I had passed out of the gate and into Burke Street Teedie wanted to go into a public house & make it all right. I said “no”, they would have to go to the police station. On the way the man several times wanted me to let him go as they had done no injury to any person. The boy said “what would his mother say”. I said “I couldn’t help that”. I got the assistance of Constable (Keany ?) who took the man

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to the station. I asked the boy if he knew the man. He said yes. I asked him what his name was. He said Macnamara. I said what’s your name. He said “John Clark”. I asked where he lived. He said “Liverpool Street”. The boy went very quietly. The man did not go quietly. The offence happened within a few yards of a plantation some distance away from a footpath. Prisoners were asked their names at the station. The man said “Thomas Tweedie”. The other said “Michael Freeny”. I charged them with sodomy. They both said “you are

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mistaken”. I saw them sign a statement at the Water Police office. I saw the man sign the statement “Teedie” not Tweedie.

    Cross-examined Buchanan. I don’t know either of the prisoners. I fancy I have seen the man before. The boy had a stupefied appearance as if he had been under the influence of some narcotic. I was two or three minutes at the place where I found the prisoners.

    Cross-examined by Teedie. It was forty yards off the walk where I found the prisoners. I whistled before I started with the prisoners. Teedie asked me in a public house to make it all right.

    2nd Witness Myles Egan. I am a duly qualified medical practitioner.

128

I examined Thomas Teedie on 1st January. I don’t recollect whether it was in the night or day. The examination was at the Darlinghurst Police Station. I examined him twice on that one occasion. I found a considerable amount of redness about the anus as if some violence had been used there. That was all I observed. It might have been caused by a man’s person or a finger or some such substance.

    Cross-examined by Buchanan. The mark was quite recent. (That ?) (was?) the man.

    Constable Cable recalled by Stephen. I caught hold of the boy’s penis. It was erect.

    Case for the Crown closed.

129

Defence

    1st Witness William Lear I know the prisoner Freeny. I don’t know Teedie. I saw the boy the 1st January about 11 o’clock. He was coming along Castlereagh Street alone. I saw the other prisoner put his hand on the boy’s shoulder and say “hullo where are you going”. The boy said “home”. He said “come and have a drink first”. The boy said “no thank you I don’t drink”. He said “have a ginger beer then”. The boy said “I don’t know you, what’s your name”. The man said “I’ll tell you that bye and bye”. The boy then went into a public house with the man. I was standing at a corner. They went into a house at the corner of King & Castlereagh

130

Streets [Possible the Colonnade Hotel]. Then I went into the public house also. I saw the boy have ginger beer and the man had ale. The man put a little of the ale amongst the boy’s ginger beer. I went outside & the man and the boy came out with, the man with his hand on the boy’s shoulder. The man was trying to take the boy into another public house and the boy seemed unwilling to go in. They both went in. I did not see them come out at all. I went away.

    Cross-examined Stephen. I am a carpenter & reside at Redfern. I am only 3 months in the country.

    2nd Witness Mary Freeny. The prisoner Freeny is my son. He lives with me. He has always lived with me. He is always at home at night. His

131

father is alive. He There couldn’t be a better or more obedient child. He was never was, [sic] out at night. He never drank except as medicine. He never gave me any trouble by his bad conduct. He has been a good son to me. I never saw the other prisoner before.

    By me. The boy was engaged as a French Polisher. He is 17 years of age.

    By a Juror. He was at the pantomime on New Year’s Night. He was never out at night except on a message.

    3rd Witness Catherine Freeny. I am the sister of the prisoner Freeny who is a French Polisher. He was not in the habit of being out at night. He was well behaved. He went to the Pantomime on New Year’s Night.

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    4th Witness John Joseph Carran. I am a Justice of the Peace. I have known the boy Freeny from a child. I always thought him an innocent boy.

    5th Witness William Matthew Bogie. I am (manager ?) at (Brambell’s ? passim) Coal Company. I have known the prisoner Freeny nearly three years. He was in my employ. I always found him a very good boy. He was an office boy and messenger.

    6th Witness Martin (Rae ?). I am a drayman. I know the boy Freeny since he was a child. He was as quiet a boy as I ever knew, well conducted. I never heard anything against his moral character.

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    7th Witness Thomas Joyce. I am a publican. I know the boy Freeny since he was 4 years old. He was an innocent boy.

    8th Witness William Merewether. I am a grocer. I know the boy Freeny (?) 8 years. I have seen him every day. I have always known him to be a good boy – a well conducted boy.

    9th Witness John Foley. I am employed by the Brambell’s Company. I have known the boy Freeny 3 years as a very good and quiet boy, moral in his conduct.

    10th Witness David McKenzie. I am a cabinet maker & upholsterer. Freeny was (16 ?) months in my service. He was a very quiet, well disposed boy. I never saw any misconduct about him.

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Defence of Freeny closed.

    [William] Lear recalled at the request of Teedie. I saw prisoner Teedie go into the corner public house. I saw him drink ale. It was about 11 o’clock.

    By a Juror. I met the boy’s mother on Sunday last. I recognised the lad when I saw him on New Year’s night.

    By another Juror. I don’t think the boy saw me.

    By Buchanan. I (?) with the boy’s mother.

    Buchanan addresses the Jury.

    I sum up – The Jury retires at 10 minutes to 1 o’clock and returns at 5 minutes past one. They find the prisoner Freeny not guilty,  and they find the prisoner Teedie

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guilty of an attempt  to commit sodomy & acquit him of the crime of sodomy. Freeny was discharged. I sentenced Teedie to two years hard labour in Darlinghurst Gaol. 

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The Sydney Morning Herald, Fri 15 Feb 1878 ⁴

CENTRAL CRIMINAL COURT.
THURSDAY [14 Feb 1878]

    Before his Honor the Chief Justice [James Martin]
    The Attorney-General and Mr GM Stephen prosecuted for the Crown.

JURORS FINED.

    The following persons were fined for non-attendance as jurors – the fine today was £3 – WJ Hayes, F Andersen, JR Clarke, D McKay, WM Jackson, and J Bancroft.
…

UNNATURAL OFFENCE.

    Thomas Teedie [sic] and Martin Freeny were charged with having committed this offence on the 1st January last, at Sydney. Mr Buchanan, instructed by Mr Greer, defended Freeny. The capital charge was withdrawn on the suggestion of his Honor, and the Crown prosecuted for the attempt only. Evidence of good character of the prisoner Freeny was given. Mr Buchanan then addressed the jury, urging that his client was not the guilty party. His Honor having summed up, the jury found Freeny not guilty, and Teedie guilty of the attempt. The latter was sentenced to two years’ imprisonment with hard labour in Darlinghurst Gaol.

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Thomas Twedie, Gaol photo sheet ⁵

 

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Gaol Photo Sheet - Transcribed Details

No. 1813
No. on Gaol Register: 10. 78

Date when Portrait was taken: 5th January 1878

Prisoner's Name: Thomas Twedie

Native place: Manchester, Eng Year of birth: 1843 Arrived        Ship: Light Brigade in Colony }   Year: 1867 Trade or occupation previous to conviction  } Gas fitter Religion: C of E Education, degree of: R[ead] only Colour of hair: Brown Blds Colour of eyes: Blue Height: 5' 8" Weight     On committal: 157 in lbs     }  On discharge:

Special Marks: Scar on right temple and right top lip General Description:

(Previous Portrait ...  )  PRISON HISTORY

Where and When				Offence.	Sentence
Sup Crim Court Sydney	14   7	2  3	1878 1878	Unnatural offence To Berrima Gaol	2 years HL

  

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¹  The Sydney Morning Herald, Thu 3 Jan 1878, p. 2.

²  SRNSW: NRS880, [9/6617], Supreme Court, Papers and depositions, Sydney, 1878, No. 505. Emphasis added.

³  SRNSW: NRS7378, [2/6163], Judiciary, J Martin, CJ. Notebooks Criminal, Sydney, 1873-86, pp. 122-135. Emphasis added.

⁴  The Sydney Morning Herald, Fri 15 Feb 1878, p. 2.

⁵  SRNSW: NRS2138, [3/6042], Darlinghurst Gaol photographic description book, 1877-1879, No. 1813, p. 70, R5099.

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