Evening News, Sat 23 Feb 1884 ¹

ALLEGED INDECENT ASSAULT

    Thomas O’Connor, 37 years of age, and described as a butcher, was charged at the Redfern police court yesterday, before Mr Dillon, SM, with indecently assaulting Eliza Ann Roach, a child whose mother gave its age as two years and six months. Senior-sergeant Bradwell deposed to the prisoner having been given into his custody by Mr Catley, Waterloo. Prisoner, in reply to the charge, said he didn’t know anything about it. He was bleeding from an abrasion on the right cheek, which injury Catley said was caused by his striking and knocking O’Connor off the child. Ernest Thomas Catley deposed that he was a butcher in Pitt-street, Waterloo. Knew prisoner, saw him in the yard at the back of my premises on Thursday afternoon. He was sitting on a wall nursing a female child, whose mother’s name is Roach. Went up to him and said, “You’re doing a bit of nursing, Tom.” O’Connor replied “Yes.” Noticed that his clothes were disarranged and other things, which roused witness’s suspicions, and witness went inside the cellar up three or four steps and watched him. Prisoner pulled the child about, tickled her, and ultimately sent her into the cellar to look at the sausage machine. O’Connor followed, took her by the hand, led her into another and darker cellar, and laid her down on her back, and told her not to cry. (The witness then described the position of the prisoner. The evidence here is unfit for publication). Witness rushed in, called O’Connor a mean, cowardly dog to take advantage of a child, struck him on the head with his fist and knocked him on one side. Had to kick him to make him get up. The child ran away screaming and went to its mother. Witness followed O’Connor up Pitt-street and across a paddock, where he overtook and gave him into the custody of Sergeant Bradwell. In reply to the bench Catley said O’Connor was exposed when he struck him.

    By the police: When first entered the cellar, went up a few steps of the ladder communicating with the room overhead and sat down. From this position I could see prisoner outside, and also in the other cellar, which is only used for storing lumber or horse-feed. It is walled and there is no passage through it.

    By Prisoner: You were not in my employ at the time. Discharged you at about 3 o’clock on the same day. I might have threatened to put you away, Dr Marsden
    deposed that the child was brought to him by Constable Fox for examination, and that he was of opinion the child had been tempered with. Mrs Roach gave some evidence regarding the age of the child, &c, and the prisoner then made a rambling statement to the effect that unpleasantness had arisen between Catley and himself over money matters, and that the charge was made out of spite. He had nothing further to submit, and the SM committed him for trial.

~ ~ ~ ~ ~

The Sydney Morning Herald, Sat 23 Feb 1884 ²

POLICE.
———◦———

…

REDFERN POLICE COURT.

    Mr Dillon, SM, presided yesterday.
…
    Thomas O’Connor, 37, butcher, was brought up on a charge of indecently assaulting one Elizabeth Ann Roche, a child under the age of 14 years, to wit of the age of 2 years and 6 months, on the 21st instant. Evidence was given by Senior-sergeant Bradwell, Ernest Thomas Catley, Dr Marsden, and the child’s mother. Prisoner was committed for trial at the next Court of Quarter Sessions.

~ ~ ~ ~ ~

The Daily Telegraph, Sat 1 Mar 1884 ³

QUARTER SESSIONS COURT.
————

    His Honor Mr District Court Judge Wilkinson presided yesterday over the Quarter Sessions Court. Mr PJ Healy acting as crown prosecutor.
…

INDECENT ASSAULT.—A CLEVER DEFENCE.

    Thos O’Connor, a journeyman butcher in the employment of Ernest Catley, butcher of Pitt-street, Waterloo, was charged with indecently assaulting a little girl [ Mary Ann Roche] of the age of 2½ years. The offence was alleged to have been committed by prisoner in Catley’s back yard. Catley saw prisoner with the child on his knee, and noticing that his dress was disarranged, concealed himself to see what took place. Prisoner took the child into an empty cellar, and it was alleged that he then and there committed the indecent assault. Catley came forward and knocked prisoner down and afterwards gave him into custody. Prisoner was under the influence of drink at the time. Prisoner cross-questioned the principal witness with some shrewdness to show that there was a long-standing cause of quarrel between them, and that the whole charge was trumped up out of revenge. It appeared, indeed, that prisoner sold quantities of bones and fat to Berry of North Shore, who suffered loss through false accounts rendered with regard to the weight of the same. This prisoner alleged he had done, acting under Catley’s orders, and when the latter dismissed him he informed Berry of the way in which he had been defrauded. Much angry feeling arose out of this reprisal, and Catley threatened to “put him away.” Catley’s evidence was unshaken by the cross-examination, however, and the mother of the child, Mrs MA Roche, gave evidence—as to her interview with, and subsequent examination of the child—which was conclusive as to the committal of an assault. Medical evidence to the same effect was also forthcoming.

    His Honor then summed up the case very carefully, showing that, without doubt, a great deal of ill-feeling existed between the two men, and the fact would have influenced them in the weight they attached to his evidence, had it been unsupported. The evidence of the mother, however, went to show that she found her child a few minutes after the occurrence, trembling and alarmed, and from what the child told her examined her, when she found indisputable marks of an assault having been committed. Further, prisoner’s hat, and marks of blood were found in the cellar at the place where Catley alleged he had knocked him down. There was also the medical evidence. His Honor said:—“Prisoner, I quite agree with the verdict of the jury.” Then, turning to the jury, “Gentlemen, lest there should be any lingering doubt in your minds in this matter, I will read you the communication made by the child to its mother:—“Mammy, he has frightened me; see what he has done’” (lifting up her frock.) The crime will be punished severely in this case and in every case. The sentence of the court was then pronounced: five years with hard labour, and 20 lashes to be given on Monday week.

~ ~ ~ ~ ~

The Sydney Morning Herald, Sat 1 Mar 1884 ⁴

METROPOLITAN QUARTER SESSIONS.
THURSDAY.
(Before Mr District Court Judge WILKINSON.)

    Mr PJ Healy prosecuted on behalf of the Crown.
…

INDECENTLY ASSAULTING A CHILD.

    Thomas O’Connor, a man apparently upwards of 50 years of age, was charged with having at Waterloo, on the 21st February, indecently assaulted a child of the age of two years and six months. The offence was of a very gross nature, and was committed in the cellar of a butcher’s establishment at Waterloo. The jury found the prisoner guilty. His Honor said he perfectly agreed with the verdict of the jury. It was a very bad case, and the Crown had dealt leniently with the prisoner in not charging him with having committed a more serious offence. These offences must be put a stop to if it was possible to do so by the severity of the law. The sentence of the Court was that the prisoner be kept in penal servitude for five years, and be flogged in Darlinghurst gaol next Monday week, when he would receive 20 lashes.

~ ~ ~ ~ ~

The Sydney Morning Herald, Tue 11 Mar 1884 ⁵

NEWS OF THE DAY.
———◦———

…
    THOMAS O’CONNOR, an elderly man, who, at the Court of Quarter Sessions, was convicted of having indecently assaulted a child of the age of 2 years and 6 months, and was sentenced by Judge Wilkinson to penal servitude for five years, and to receive 20 lashes, underwent the latter punishment at Darlinghurst Gaol yesterday. The castigation was administered in the presence of the governor of the gaol, Dr O’Connor, and officials. The offender was a fleshy, and not in any respect a muscular man. His cries indicated that he felt the flogging keenly, but it was not considered that he received more strokes than he could bear.

~ ~ ~ ~ ~

The Maitland Mercury and Hunter River General Advertiser, Thu 13 Mar 1884 ⁶

MISCELLANEOUS ITEMS.
————

…

FLOGGING AT DARLINGHURST.
————

    Thos O’Connor, at the last Quarter Sessions, was ordered to be imprisoned for five years with hard labour, and to receive 20 lashes for an indecent assault upon a child of tenders years, and the latter part of the sentence was carried into execution on Monday afternoon (reports the Daily Telegraph) within the walls of Darlinghurst gaol. The case will be recollected as a peculiarly disgusting one. Prisoner was employed by one Catley, a butcher of Pitt-street, Waterloo, and committed the offence upon a little girl aged only two and a half years. Mt Catley, who caught prisoner in a position which left no doubt as to the vileness of his intentions promptly knocked him down and gave him in charge. There had been some cause of quarrel between the two men prior to this, and when put on his trial O’Connor showed considerable shrewdness in his line of defence, which was that the principal witness up the charge out of revenge. Fortunately for the ends of justice, Mr Catley’s straightforward evidence was borne out by medical testimony. Prisoner was found guilty, and his Honor, before passing sentence, read aloud the communication made by the injured child to its mother, which was very conclusive as to his guilt. Prisoner had, up to the time of his arrest, led a honest life, but was addicted to drink. The crime was an atrocious one, and the thorough flogging he received yesterday was brought out of his cell a little after 5 pm, and was at once strapped up to the triangle. He is not a tall man, but is powerfully built. The afternoon was dull and stormy, and did not tend to keep the prisoner’s courage up during the few minutes he had to wait for the arrival of the executioner and officials of the gaol, which must have proved un mauvais quart d’heure. All was in readiness at 5.15, when the cat whistled shrilly through the air and descended on the prisoner’s bare back. He at once shrieked loudly like a woman and never ceased howling until the 20th stroke had fallen. Owing to prisoner’s frantic struggle the lashes had to be administered somewhat slowly (perhaps “deliberately” better expresses the action), about 12 seconds elapsing between each lash. At the conclusion of his punishment prisoner showed signs of fainting, but was stronger on his feet than the majority of those who receive as many strokes. He has now five years’ imprisonment before him, which will give him ample time to form good resolutions upon which to act after his release.

~ ~ ~ ~ ~

Thomas O'Connor, Gaol photo sheet ⁷

 

---

Gaol Photo Sheet - Transcribed Details

 

No. 2993
1689-84

Date when Portrait was taken: 29-2-1884

Name: Thomas O’Connor

Native place: Ireland Year of birth: 1837 Arrived       Ship: Isabella in Colony }   Year: Trade or occupation previous to conviction  } Butcher Religion: R. Catholic Education, degree of: R & Write Height: 5' 6" Weight     On committal: 158 in lbs     } On discharge: Colour of hair: Dark brown Colour of eyes: Blue Marks or special features: Bald

Where and when tried: Sydney Q.S. 28th February 1884 Offence: Indecently assault a female child of the age of 2½ year Sentence: 5 years Penal Servitude & 20 lashes Remarks: Guilty

(No. of Previous Portrait ... 1121 Bathurst )  PREVIOUS CONVICTIONS
Where and When				Offence.	Sentence
Water PO ditto Central PO ditto Water PO Central PO ditto	30 10   7 14 23 19   1	3   4   4   4   6 12   2	1880 1880 1881 1881 1881 1881 1882	Drunk ditto ditto ditto Drunk & Profane Language Drunk ditto	4 days C. ditto 7 days C. 4 days C. 9 days C. 7 days C. ditto

 

---

¹  Evening News, (Sydney, NSW), Sat 23 Feb 1884, p. 5. Emphasis added.

²  The Sydney Morning Herald, Sat 23 Feb 1884, p. 9. Emphasis added.

³   The Daily Telegraph, Sat 1 Mar 1884, p. 9. Emphasis added.

⁴  The Sydney Morning Herald, Sat 1 Mar 1884, p. 9.

⁵  The Sydney Morning Herald, Tue 11 Mar 1884, p. 7.

⁶  The Maitland Mercury and Hunter River General Advertiser, Thu 13 Mar 1884, p. 3.

⁷  SRNSW: NRS2138, [3/6045], Darlinghurst Gaol photographic description book, 1883-1884, No. 2993, p. 214, R5101.

---