The Armidale Express and New England General Advertiser, Tue 5 Apr 1892 1
ARMIDALE POLICE COURT.
Monday, April 4.
(Before the Police Magistrate.) [Charles Edward Smith]
ATTEMPT TO COMMIT AN ABOMINABLE OFFENCE.
HENRY Patterson was charged with the above offence, and was defended by Mr [TG] Vyner.
Constable [Robert] Ferguson deposed that about 4 pm on Saturday he went to the lock up where prisoner was upon another charge, and further charged him that he did on April 1, assault one Frank Malof, [sic] with intent to commit an abominable crime. Prisoner made no reply.
Reproduction: Peter de Waal
Frank Malof, a Syrian, deposed that he kept a store in Beardy street, [Armidale] and knew the prisoner, whom he saw between 5.30 and 6 on Friday last at witness’ shop. Prisoner did not go into the shop, but showed witness a sovereign, and then a lot of notes, saying he would play witness euchre up to £5 or £10. Witness told him to go on as he did not want the money. Prisoner then offered witness £1 if he would be party to an abominable offence. Prisoner then caught witness’ hand while he was sitting down. Prisoner also pulled witness into the chinaman’s next door, and asked the chinaman for a bed. Then witness, who was frightened, ran away and got inside. Prisoner followed, and wanted to fight for £5, but witness said he could not fight, and ran away. Witness walked with prisoner to the chinaman’s.
In cross examination witness said there was nothing said about fighting before he went to the chinaman’s. Did not offer to fight anyone for £5. Witness did not stay in the chinaman’s house more than one minute. Prisoner only caught witness by the hand. There were some cowboys about the public house.
In reply to the Bench, witness said that prisoner did not pull him by force to the chinaman’s.
Lewis Malof, a Syrian aged 16, stopping with the last witness, gave evidence to the effect that he saw the prisoner on Friday last, about 5.30. Prisoner offered to play Frank Malof for a sovereign, £5, or £10, and the latter refused. Prisoner then made indecent overtures to Frank Malof twice, and showed him a sovereign. Prisoner then caught Frank by the left hand, and pulled him to the chinese Boarding House, two doors away. Heard the prisoner ask the chinaman for a room, and afterwards offer to fight Frank.
In cross examination this witness said that Frank struggled and tried to get away from the prisoner. Frank Malof was the uncle of the witness. Prisoner only had hold of Frank by the hand.
Charles Malof, a Syrian, but no relation to the other witnesses, gave evidence to the effect that he saw the prisoner at Frank Malof’s place, about 5.30 to 6 o’clock, and gave similar evidence to that furnished by the preceding witnesses.
In cross examination this witness said that Frank Malof went quietly with prisoner to the chinaman’s and stayed there but a little time.
Kee Yun, a chinaman, sworn by blowing out a match, deposed that he kept a boarding house near Malof’s store. Saw the prisoner come in on Friday evening, April 1, with Frank Malof. The prisoner asked for some bread. Witness was sure he did not ask for a bed. Prisoner also asked for ham and eggs. Witness cooked the ham and eggs, for prisoner, but “he no eat him, for pleeceman [sic] take him away.”
The Bench here cautioned the prisoner in the usual manner, and he decided not to make a statement.
Mr Vyner here addressed the Bench on behalf of his client, quoting from Roscoe the case of Regina v. Lloyd , arguing that, unless the intent to commit this crime or that of rape was more clearly shown, there was no case against prisoner. The time and the place for the commital [sic] of such an offence were not in reason, nor was there any proof of direct assault at any time. It was not likely that the prisoner would attempt to commit such a crime at such a place and hour, in the broad daylight, and in the main street. He asked the Bench to dismiss the case.
The Bench reviewed the evidence, and found that a prima facie case had been made out against the prisoner, and committed him to take his trial at the next Circuit Court to be held at Armidale. Bail was asked for by Mr Vyner, but Sen. Sergt. Rafferty asked that the bail might be heavy. Prisoner was a bookmaker on races. Bail was allowed, self in £100 and two sureties of £50 each or one in £100.
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Depositions for Henry Patterson 21 Apr 1892 Armidale trial 2
(a) Town. |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Regina v. (b) Henry Patterson |
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(c) Offence. |
(c) Assault with intent to commit the abominable crime of buggery |
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(d) Town. |
Police Office, (d) Armidale |
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4 April 1892 |
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Sir, |
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I have the honor, by direction of the Bench of Magistrates, |
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to transmit herewith the Depositions, and other documents in the |
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(e) Name of accused |
case of (e) Henry Patterson |
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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) Circuit Court |
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to be held at (h) Armidale |
on Wednesday |
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(h) Town where Court |
the 20 day of April 1892 |
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The accused is (i) confined in the Gaol at Armidale |
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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) Robert Ferguson of Armidale, Police Constable; Frank Malouf of Armidale, Shop keeper; Lewis Malouf of Armidale, Hawker; Charley Malouf of Armidale, Hawker; Kee Yin of Armidale, Boardinghouse keeper.
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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] F[rederick] H Galbraith, CPS |
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Clerk of Petty Sessions |
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The Secretary, |
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Attorney General’s Department. |
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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.
Armidale
TO WIT. }
The examination of Robert Ferguson of Armidale in the Colony of New South Wales, Police Constable, Frank Malouf of Armidale, Shopkeeper, Lewis Malouf of Armidale, Hawker, Charley Malouf of Armidale, Hawker, and Kee Yin of Armidale in the said Colony, Boarding House Keeper taken on Monday this 4th day of April in the year of Our Lord one thousand eight hundred and ninety two at Armidale 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 Henry Patterson who is charged this day before me for that he the said Henry Patterson on the first day of April 1892 at Armidale in the said Colony, did assault one Frank Malouf with intent to commit the abominable crime of buggery.
2
Courthouse,
Armidale, 4 April 1892.
Magistrate present.
CE Smith Esquire, PM.
Henry Patterson in custody charged with assault with intent to commit the abominable crime of buggery.
Robert Ferguson on oath states:– I am a Constable of Police stationed at Armidale. About 4 o’clock on Saturday last I went to the lock up and charged the prisoner that he did at Armidale on the 1st of April 1892 assault one Frank Malouf with intent to
3
commit the crime of sodomy. Prisoner made no reply to the charge.
[Signed] R Ferguson.
Sworn before me at Armidale the fourth April 1892.
[Signed] CE Smith, PM.
Image: NSW State Library collection. Reproduction: Peter de Waal
4
Frank Malouf on oath states:– I am an Assyrian and keep a store in Beardy Street Armidale.
I know the prisoner, I saw him between 5 o’clock and half past 5 o’clock on Friday last, he came down to my shop, he did not go inside the shop. He said “I want to play Euchre for one sovereign.”
I said “I don’t want to play.”
The next time he said “I play you all my money,” and pulled some notes out of his breast. I told him to go on, that I did not want to play.
Next time he said he fuck me for one pound. I said “Go on.” Second time he said it again. He caught me by the left hand, me jumped and sat down up.
I was sitting down when he
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caught my hand.
The chinaman’s is next door to my place, a short distance away.
He took me in to the chinaman’s and asked for a feather bed.
When he asked the chinaman for bed me ran away and got frightened.
The chinaman keep’s a boarding house.
Prisoner caught me by the hand. I walked with him to the chinaman’s. He left let me go in the first room of the chinaman’s house.
Prisoner went into another room, I heard him ask for a bed and I ran away. I ran away because I was frightened. I got outside and prisoner followed me and wanted to fight me. Prisoner said “You bloody Assyrian. Come on, I fight you for £5.” I said “I can’t
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fight.” I did not hear the chinaman say anything when prisoner asked him for a feather bed. I ran away.
By Mr Vyner Solicitor for Prisoner: Nothing was said about fighting before I went to the chinaman’s. I did not offer to fight anybody for £5. I can’t fight.
He took me to the chinaman’s to the first room, the shop, then let me go. When I ran out he followed me. He then asked me to fight. He did not ask me to go back into the chinaman’s.
He only caught me by the hand. Two of my countrymen were there and a chinaman.
When I ran after the policeman cowboys came down.
By Bench: When prisoner caught me by the hand I walked with him, he did not pull me by force to the
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chinaman’s.
[Signed] Frank (his X mark) Malouf.
Sworn before me at Armidale the 4th April 1892.
[Signed] CE Smith, PM.
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Lewis Malouf on oath states:– I am a hawker. I am at present stopping with Frank Malouf. I was stopping behind Frank’s place on Friday last. I saw prisoner outside the house about half past 5 o’clock or 5 o’clock on Friday last. Me and Frank and another man were sitting down outside the house. Frank’s missus was inside the shop.
Prisoner said to Frank that he would play him Euchre for a sovereign. Frank said he would not play. He said he would play Frank for £5 or £10. He had a lot of notes.
Frank said “Go on, I won’t play.” Prisoner said “I’ll go for you.” He took out a sovereign and showed it to Frank. He said
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“I’ll give you a sovereign then I’ll fuck you for it.” He said this a second time.
Frank told him to go away. Prisoner took Frank by the left hand and pulled him to the chinaman’s boarding house, the second shop from Frank’s.
I followed them to the chinaman’s. Prisoner and Frank went inside, I heard the prisoner ask Frank the chinaman for a bed. Frank then ran away. There were no Englishmen there. Prisoner asked for a bed not for a feather bed.
By Mr Vyner Solicitor for prisoner: Frank tried to get away from prisoner when he was taking him to the chinaman’s.
There was nothing said about fighting before they went to the chinaman’s. I did not hear
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anything about fighting before they went to the chinaman’s.
Charley Malouf was there at the time, he is not any relation to Frank. Frank is my uncle. Prisoner let Frank go when he got him inside the shop.
He did not catch hold of him anywhere else except by the hand.
[Signed] Lian Malouf
Sworn before me at Armidale the 4th April 1892.
[Signed] CE Smith, PM.
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Charley Malouf on oath states:– I am a Assyrian hawker. I am stopping at Frank’s. I am not any relation to Frank. I was at Frank’s place last Friday between half past 5 and 6 o’clock. I saw prisoner at Frank’s place last Friday. I was sitting down with Frank. The prisoner came down and said to Frank “You play Euchre for one pound.” Frank said “No play Euchre.”
Prisoner said “Play Euchre for £5.” Frank said “Him no play.” Prisoner said “He would play Euchre for £10.” Frank said “Go on, no play Euchre at all.”
Prisoner said “I’ll fuck you. I give you pound.” Prisoner said that two times. Frank did not speak. Prisoner caught Frank
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by the hand and took him to the chinaman’s, me and Lewis saw Frank come back.
I did not hear prisoner say anything when he went to the chinaman. I did not see any Englishmen about 2 or 3 chinamen.
Prisoner came out after Frank and wanted to fight.
Frank said he no like fight.
By Mr Vyner Solicitor for prisoner: I went to the chinaman’s shop with Lewis Malouf. When I went to chinaman’s boarding house I saw prisoner there. When prisoner caught Frank by the hand he walked along quietly. Frank was in the chinaman’s shop one or two minutes.
I did not see the prisoner catch
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hold of Frank any other place except the hand.
[Signed] Charley (his X mark) Malouf.
Sworn before me at Armidale the 4th April 1892.
[Signed] CE Smith, PM.
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Kee Yin being sworn by blowing out a match states:– I keep a Boarding House in Armidale. I know that man, pointing to Frank Malouf, he keeps a store near my place. I know prisoner I saw him on Friday or Saturday last about half past 5 or 6 o’clock.
That man, pointing to Frank Malouf, came to my place with prisoner. This man (pointing to Frank Malouf) was standing alongside the prisoner. Prisoner said to me he wanted bread. I thought he wanted something to eat. I said “I got no bread.” He asked for tea, how much I charge. I said one and threepence. I cooked ham and eggs. Prisoner said something the first time I could not hear what it was. The second time he asked me for
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bread.
Frank went away and prisoner went away afterwards.
No Englishmen were about at the time.
I did not hear what prisoner said the first time. I asked him what he wanted, he said he wanted bread.
[Signed] Kee Yin.
Sworn before me at Armidale the 4th April 1892.
[Signed] CE Smith, PM.
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(N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales, Armidale
TO WIT. }
Henry Patterson stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this fourth day of April in the year of Our Lord one thousand eight hundred and ninety two for that he, the said Henry Patterson on the 1st day of April at Armidale, in the said Colony, did assault one Frank Malouf with intent to commit the abominable crime of buggery.
And the examination 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 Frank Malouf, and the witnesses for the prosecution Robert Ferguson, Frank Malouf, Lewis Malouf, Charley Malouf, and Kee Yin being severally examined in his presence, the said Henry Patterson 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 Henry Patterson saith as follows:– “I have nothing to say.”
Taken before me, at Armidale, in the said Colony, the day and year first above mentioned.
[Signed] CE Smith, PM.
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G. 190.
REGINA.
versus
Henry Patterson
Offence,— Assault with intent to commit the abominable crime of buggery
The accused stands committed to take his trial at the next Court of Circuit Court to be holden at Armidale, on the 20th day of April 1892. Bail allowed the accused in £100 and two sureties in £50 each, or one in £100
[Signed] CE Smith
JP.
Dated at Armidale Police
Office,
this 4th
day of April
AD 1892
4g 416 - 88
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(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
New South Wales, Armidale
TO WIT. }
Be it remembered, that on the fourth day of April in the year of Our Lord one thousand eight hundred and ninety two Robert Ferguson a Constable of the Police Force, Frank Malouf of Armidale in the Colony of New South Wales, store keeper, Lewis Malouf of Armidale in the said Colony, hawker and Charley Malouf of Armidale in the said Colony, hawker, plus Kee Yin of Armidale boarding house keeper 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.
Taken and acknowledged, the day and year first above mentioned, at Armidale in the said Colony, before me.
[Signed] CE Smith, PM.
The Condition of the within written Recognizance is such, that whereas Henry Patterson was this day charged before CE Smith Esquire, one of Her Majesty’s Justices of the Peace for the said Colony, with assault with intent to commit the abominable crime of buggery.
If therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Armidale in and for the Colony of New South Wales, on the 20 day of April 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 Henry Patterson for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Henry Patterson.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] CE Smith, PM.
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[On the depositions’ cover sheet is the following]
Circuit Court
Armidale
20 April 1892
AG’s No. 90
Depositions.
CS’s No. 10
Regina
v.
Henry Patterson on Bail
Attempt to commit sodomy
See within E[dward] B[arton, QC] AG
6.4.92
Committed: at Armidale
on: 4th April 1892
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Indecent assault S. 60
[Initialled] EB AG
6.4.92
Coram Stephen J & jury of 12
Cohen for Crown
Verdict not guilty
[Initialled] HEC
21/4/92
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Justice MH Stephen’s notebook 3
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[Armidale, 21 April 1892]
Henry Patterson – indecent assault on male person.
[Sec.] 60
Plea not guilty.
Frank Malouf. Assyrian. Keep a store in Armidale. I have seen prisoner at a public house & at my store 3 weeks tomorrow – came at ½ past 5. I was sitting down. He wanted to play euchre. He showed me a sovereign. I said no play – then he said that he would play for £5. I said no – then he said £10 – I said no want. He said f--k me for £1. I said go. [He] said some words & took hold of me by the hand … he said come to chinaman next door – had hold of my hand all the way – went inside the chinaman’s & let my hand go. Then he asked chinaman for a feather bed. I ran away.
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When I got outside he wanted me to fight me. 4 I did not hear the chinaman say anything. Two persons – Assyrian – one a relation – one not – heard & saw what was said & done.
Lewis Malouf. Assyrian. I am a relation of Frank – have been stopping with prosecutor for some weeks. I was at prosecutor’s on tomorrow 3 weeks – saw prisoner at ½ past 5 or 6. I heard prisoner say to Frank – I did not hear him say anything else – he had a sovereign in his hand & said I will f--k you for a sovereign. Prisoner took Frank by the hand & took him to chinaman’s boarding house. I heard prisoner say have you got any bed.
Charley Malouf. Assyrian – no relation. I saw prisoner – saw him first Friday in this month at Frank’s – ½ past 5 or 6 … said twice I f--k you – I give you £1. Frank caught him by the arm 5
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& took him to the chinaman’s – Frank came back frightened.
Kee Yen. 6 chinaman. Keep a boarding house next to Frank Malouf’s. On a Friday prisoner & Frank came to my house. Prisoner asked me about bread … he did not ask me for something twice.
Verdict not guilty.
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The Armidale Express and New England General Advertiser, Fri 22 Apr 1892 7
ARMIDALE CIRCUIT COURT.
THE CRIMINAL SIDE.
The Armidale Circuit Court opened on Wednesday last, at 10 am, before his Honor Mr Justice Stephen. The bar was represented by the Hon E Cohen, Crown Prosecutor, and Mr Garland, Mr E Milner Stephen acted as Judge’s Associate, and Mr BA Moses took his seat on the Bench as Deputy Sheriff. The solicitors present were Messrs AW Simpson, T Kearney, TG Vyner, JA McDonald, and T Nash. Mr Garvin, Superintendent of Police, was also present. Mr Mant represented the Crown Solicitor.
On the Court opening, several jurymen were fined for non-attendance, and excuses for others were accepted, his Honor remarking that he could not receive letters only as excuses.
…
INDECENT ASSAULT.
Henry Patterson pleaded not guilty to indecent assault upon one Frank Malouf. After hearing the evidence, the jury acquitted the prisoner.
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Evening News, Fri 22 Apr 1892 8
ARMIDALE CIRCUIT COURT.
————
ARMIDALE, Thursday.—At the Circuit Court
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Thomas Hourigan, charged with attempted suicide, was found by the jury to be insane. He was under the delusion that he had been sentenced to be hung, and had tried to commit suicide three times while in gaol awaiting trial. He was sent back to Armidale Gaol for detention during her Majesty’s pleasure.
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Evening News, Sat 23 Apr 1892 9
ARMIDALE CIRCUIT COURT.
————
ARMIDALE, Friday.—At the Circuit Court to-day Henry Paterson, [sic] charged with [indecent assault], was found not guilty.
1 The Armidale Express and New England General Advertiser, Tue 5 Apr 1892, p. 4. Emphasis added.
2 SRNSW: NRS880, [9/6829], Supreme Court, Papers and depositions, Armidale, 1892, No. 90. Emphasis added.
3 SRNSW: NRS7710, [2/7238], Judiciary, MH Stephen, J. Notebooks Circuit Courts, 1876-1903, pp. 5-7. Emphasis added.
4 Undoubtedly means him.
5 Does he mean he caught Frank by the arm?
6 aka Kee Yin & Yun.
7 The Armidale Express and New England General Advertiser, Fri 22 Apr 1892, pp. 4, 5.
8 Evening News, (Sydney, NSW), Fri 22 Apr 1892, p. 6.
9 Evening News, (Sydney, NSW), Sat 23 Apr 1892, p. 6. Emphasis added.