The Sydney Morning Herald, Fri 5 Feb 1904 1
POLICE COURTS.
…
At the Water Police Court yesterday, [4 February] before Mr F[rancis] S[heriff] Isaacs, SM., a grey-bearded man named Chas. Chambers, 56, a labourer, was charged with committing a serious offence on February 3. He was committed for trial at the next Court of Gaol Delivery. Bail was allowed.
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Depositions for Charles Chambers 24 Feb 1904 Sydney 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) Charles Chambers |
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(c) Offence. |
(c) Attempt to commit abominable crime of buggery |
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(d) Town. |
Police Office, (d) Water Police Office, Sydney |
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5th February 1904 |
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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) Charles Chambers |
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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) Court of Gaol Delivery |
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to be held at (h) Sydney |
on Monday |
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(h) Town where Court |
the 15th day of February 1904 |
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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) Sergeant Thomas Ball, Edward Plumley, James Phillips and John Sullivan.
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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] AH (Barnett, SM ?) |
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Clerk of Petty Sessions & Chamber Magistrate |
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The Under Secretary, |
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Department of the Attorney General and of Justice. |
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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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NEW SOUTH WALES POLICE.
128/04
No. 4 Police Station.
12-2-1904.
Metropolitan District,
Report relative to antecedents of:–
Name: Charles Chambers
Offence: Attempting to commit buggery.
Committed for Trial at: Court of Gaol Delivery
Date: 15th February 1904
Sergeant Thos Ball reports:– That Charles Chambers was at the Water Police Court on 19-10-96 fined 40/- or one month on a charge of indecent behaviour in Phillip Park, Sydney.
On that occasion Constable Olsen saw accused and a boy in Phillip Park at 12.10 am, they were kneeling down, he approached them and found that both had their trousers down. The boy got away and accused offered the Constable 5/- if he would not lock him up.
Accused states that he is a labourer, living at the Model Lodging House, Kent Street, but beyond the above conviction the Police know nothing of him.
[Signed] Thos Ball, Sergeant.
1
Depositions of Witnesses.
New South Wales, Sydney
TO WIT. }
The examination of Sergeant Thomas Ball of No. 4 Station, Sydney in the State of New South Wales, James Phillips of 14 Amelia Street, Waterloo, John Sullivan, of 46 Judge Street, Woolloomooloo and Edward Plomley of 125 George Street, Sydney, provision merchant in the said State, taken on oath this 4th day of February in the year of Our Lord one thousand nine hundred and four at the Water Police Office, in the said State, before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of Charles Chambers who was charged this day before me for that he, the said Charles Chambers on the 3rd day of February in the year of Our Lord one thousand nine hundred and four at Sydney in the said State, did wickedly and against the order of nature attempt to commit the abominable crime of buggery with one James Phillips.
2
CHARLES CHAMBERS
52 Lab[ourer] Eng[lish] Pres[byterian] 2
Attempt to commit the abominable crime of buggery upon James Phillips at Sydney on the 3rd February 1904.
Police ask for a remand for a week for witnesses. Afterwards state that tomorrow will do. Remanded till tomorrow, bail not applied for.
[Signed] FS Isaacs.
Sydney, 4th February 1904.
3
This deponent Thomas Ball on his oath, saith as follows:–
I am a Sergeant of Police Stationed at No. 4 Station.
At about 10.45 pm yesterday I was on duty at Margaret Street. From something I was told I went to Grosvenor Street. I saw the accused hurrying along. I stopped him and took him to No. 4 Police Station. I then charged him with attempting to commit the abominable crime of buggery on one James Phillips at Sydney on the 3rd instant. He made no reply to the charge. I produce a piece of meat pie which I show to the accused. I found that in George Street close to the Fire Station. I asked the accused “Did you buy any pies last night?” He said “No, I have been in the business myself and I don’t buy pies.” I said “You were not in any pie shop down here tonight?” He said “No, I was not.” I pointed out a boy to him by the name of Sullivan and said “Did you not give that boy a pie tonight?” He said “No.” I Another boy names James Phillips was present. I asked the accused, “Did you not offer this boy three shillings to have connection with him?” He said “No, I have not got three shillings on me.” I searched him and found 6/3 on him. I found a two shilling piece, a half crown, a shilling, a sixpence and three pence on him.
Accused has no questions to ask.
[Signed] Thos Ball.
Taken and sworn at Water Police Office, Sydney, this 4th day of February 1904 before me.
[Signed] FS Isaacs, SM.
4
This deponent James Phillips on her his oath, saith as follows:–
I am 16 years of age. I will be 17 in May. I know a boy named John Sullivan. I saw him last night. I met him at the hotel opposite the Brooklin [sic] Hotel [Publican: Jane Jones, 233 George street, Sydney] last night at about half past 10. We went up George Street, straight up King Street and went to Moore Street to Castlereagh Street. I saw the accused opposite the Brooklin Hotel. He was following us. Accused spoke to me when I was in Moore Street near Castlereagh Street. He said to me “Will you take me on for three shillings?” I knew what he meant. He wanted to take us down the lane. When he said that I said “Yes.” He said “Come down this lane.” This lane is in Castlereagh Street near Moore Street [now Martin Place]. Sullivan went with me and the accused. Accused showed me three shillings. He offered me two shillings pieces and a shilling. I said “Give it to me.” Sullivan was going to sing out “Heads” and we intended to get the three shillings and run. Accused caught hold of me and pulled me down. He caught hold of me by the arm. Accused was lying on the ground and caught hold of me. He said “It would have been all over now. I would have been in you and done.” I saw his person. I pulled away from him. Sully sang our “Heads” and we ran. That was the office to clear out. We went round Moore Street and up to George Street and he followed us. “I will give you in charge.” I was afraid of him. I said in accused’s presence “You see where he goes to and I will run for a Policeman. The accused then began to walk quickly.
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I followed him till I saw the last witness. I saw the last witness in Clarence Street. I saw the accused No. 4 Police Station afterwards. I sell papers for a living. I live at 14 Amelia Street Waterloo with my parents.
The accused. No questions asked. Accused states “I never saw the lad before.”
To Bench: He only said to me “Will you let me do it to you,” that is how I knew what he meant when he said “Will you take me on for 3/- [three shillings]” I had never seen him before. When he tried to pull me down his person was exposed. He pulled me right down on to the ground. He felt my behind. He said to me when he was pulling me down, “Undo my your trousers.” He squeezed my leg. I then got up and got away. It was at that time, when I got up, that Sullivan called out “Heads!”
Accused has no questions to ask.
[Signed] James Phillips.
Taken and sworn at Water Police Office, Sydney, this 4th day of February 1904 before me.
[Signed] FS Isaacs, SM.
6
This deponent John Sullivan on his oath saith as follows:–
I sell papers for a living and live at 46 Judge Street, Woolloomooloo with my parents. I sell papers in King Street. I was in George Street last night at about half past 10. I was opposite the Fire Station. I will be 16 years of age the 16th of next month. I saw the accused in George Street at about half past 10. I was looking in a window and accused gave me a meat pie. He said nothing at all when he gave it to me. I eat portion and threw the rest into the road. I afterwards picked it up in the presence of the Sergeant and gave it to him. I am sure the accused gave it to me. Afterwards I was looking at some songs in a window and the accused came up and touched me on the shoulder and walked on. I met Phillips shortly after that and we went straight along George Street. I saw the accused. He was following us. He followed us to Moore Street. I asked accused if he wanted to buy a box of matches. He said “I will give you half a crown”. I took no notice and then he went and spoke to my mate. He said to my mate “I will give you three shillings.” I did not hear what for. My mate said something to me and the three of us went down the lane. Accused lay down in the paddock. I was about 25 yards away from him. I did not see accused catch hold of Phillips at all. I did not see any part of the accused exposed. Accused caught hold of Phillips and we ran away. He followed us. He then came to me and said “Won’t you take three shillings?” I said “No.” Phillips then said “I will give you in charge.” I went away for a policeman. The accused was walking quick.
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I never lost sight of the accused. When the Sergeant arrested the accused I was on the other side of the road. I told the Sergeant the same story as I have told here today. I heard the accused say that he did not buy any pies. I heard him say that he did not buy them and that he worked amongst them. Phillips and I intended to get the money and run when I sang out “Hedge!” [sic]
Accused has no questions to ask.
[Signed] J Sullivan.
Taken and sworn at Water Police Office, Sydney, this 4th day of February 1904 before me.
[Signed] FS Isaacs, SM.
8
This deponent Edward Plomley on his oath saith as follows:– I carry on a provision shop at 125 George Street. I was there last night. I saw the accused in my shop last night and he bought something, I think it was pies. I sell pies similar to the one shown me. He was in the shop at before 9 I think.
Accused has no questions to ask.
[Signed] Edward FL Plumley.
Taken and sworn at Water Police Office, Sydney, this 4th day of February 1904 before me.
[Signed] FS Isaacs, SM.
9
(F. 2 – “Justices Act, 1902.”)
Statement of the Accused.
State of New South Wales, Sydney
TO WIT. }
Charles Chambers (hereinafter called the defendant) stands charged before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, this 4th day of January February in the year of Our Lord one thousand nine hundred and four for that he, the said defendant, on the 3rd day of February 1904, at Sydney in the said State, did wickedly and against the order of nature attempt to commit the abominable crime of buggery with one James Phillips and the said charge being read to the said defendant, and the witnesses for the prosecution, Thomas Ball, Sergeant of Police, James Phillips, John Sullivan and Edward Plomley being severally examined in his presence, and (he having stated that he does not desire the depositions of the said witnesses to be read to him) the said defendant is now addressed by me the said Justice 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 against you in the evidence upon your trial; and you are also informed, and are to clearly understand, that you have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to you to induce you to make any admission or confession of your guilt, but that whatever you now say may be given in evidence against you upon your trial notwithstanding such promise or threat.” Whereupon the said defendant saith as follows:– “I don’t wish to say anything. All I can say is I know nothing at all about it.”
Taken before me and read over to the said defendant at Sydney in the said State, the day and year first above mentioned.
[Signed] FS Isaacs, SM.
10
G. 190.
New South Wales, Sydney
TO WIT. }
REX.
versus
Charles Chambers
Offence,— Commit abominable crime of buggery.
The accused stands committed to take trial his at the next Court of Gaol Delivery to be holden at Sydney, in the State of New South Wales, on the fifteenth day of February 1904. Bail allowed the accused in £50 and two sureties in £ each, or one in £50
[Signed] FS Isaacs, SM
JP.
Dated at Water Police
Office, Sydney
this fourth
day of February
AD 1904
4g 416 - 88
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“Justices Act, 1902.”
Recognizance to give Evidence.
G. 1.
State of New South Wales, Sydney
TO WIT. }
Be it remembered, that on the 4th day of February in the year of Our Lord one thousand nine hundred and four Thomas Ball a Sergeant of the Police Force, stationed at Sydney in the State of New South Wales, Edward Plumley of 125 George Street (N) Sydney in the said State, provision merchant, James Phillips of 14 Amelia Street Waterloo, newsvendor John Sullivan of 46 Judge Street Woolloomooloo, newsvendor personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged themselves to owe Our Sovereign Lord the King 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 Lord the King, his Heirs and Successors, if they the said before mentioned persons shall fail in the condition indorsed.
[Signed] Thos Ball, Edward FL Plumley, J Phillips, J Sullivan.
Taken and acknowledged, the day and year first above mentioned, at Sydney in the said State, before me.
[Signature illegible], JP.
The condition of the within written Recognizance is such, that whereas one Charles Chambers was this day charged before FS Isaacs esquire, SM, one of His Majesty’s Justices of the Peace in and for the said State, with attempt to commit the crime of buggery.
If, therefore, they the before mentioned persons shall appear at the next Court of Gaol Delivery to be holden at Sydney in and for the State of New South Wales, on Monday the 15th day of February 1904, at nine of the clock in the forenoon, and then and there give such evidence as they know, upon an information to be then and there preferred against the said Charles Chambers for the offence aforesaid, to the jurors who shall pass upon the trial of the said Charles Chambers.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signature illegible], JP.
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[On the depositions’ cover sheet is the following]
Central Criminal Court,
Sydney.
15th February 1904
AG’s No. 170
Depositions.
CS’s No. 15
Rex
v.
Charles Chambers
Attempt to commit sodomy
Committed at: Water Police Office
on: 4 February 1904
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Darlinghurst
Date. 24th February 1904
Cor. Owen Judge.
Plea. Not Guilty
Verdict. Not Guilty
Judgment.
[Signed] Hugh Pollock S[olicitor] G[eneral]
Counsel for Crown.
Note.– In event of postponement, it should be stated whether accused admitted to bail.
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1. Attempt to commit sodomy.
2. Indecent assault on a male person.
[Signed] Hugh Pollock S[olicitor] G[eneral]
23.2.04
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Justice W Owen’s notebook 3
151
[Darlinghurst, Wednesday 24th February 1904]
Rex v Charles Chambers.
1. Attempt to commit buggery on James Phillips on 3rd February.
2. Indecent assault.
Plea not guilty.
Solicitor general. On 7 pm on 3rd February accused met 2 boys. Offered one boy half crown & offered Phillips 3/-. He went down lane. Accused pulled down his trowsers & tried. Phillips ran away.
James Phillips examined by Pollock. 17 years old on 13th May. I sell papers. I know John Sullivan. We were together on 3rd February about 9 pm
152
for about 2 hours. I saw accused that night in George Street in front of an hotel. He did not speak to me. We walked as far as Moore Street & went up Moore Street to Castlereagh Street. Accused followed from George Street. In Castlereagh Street accused said to us “Would we take him on for 3/-.” We said “All right.” I s He said “Come down the lane.” – off the Star office. We went down the lane – the 3 of us. The accused lay down in a (vacant ?) piece of land. He wanted me to lie down – I would not.
153
I said give us the 3/- first – I was going to run as soon as I got the 3/-. I 4 said no – you will run. Then he said if you had let me, it would have been all over now. He caught hold of me by the leg & tried to pull me down. I got away & he caught me by the arm. I did not notice his clothes then. He pulled me down & I got up & said Hedge “Edge 5 – you won’t give me the 3/-.” Then we came out & he followed up along Moore Street as far as George Street.
154
We said if you don’t stop following us we will give you in charge. He followed us as far as George Street. Then accused said if you had let me do it to you it would have been all over. I noticed accused’s trowsers. They were undone – I noticed his penis.
Thomas Sullivan examined by Pollock. Live at Woolloomooloo. I sell papers. I know James Phillips, mate of mine. I was with him on 3rd February. I saw accused that night. I was looking into a window opposite the fire station, lower George Street. He gave me a piece
155
of a meat pie – I threw the rest away. I saw it again – I picked it up later after accused had been given in charge. I walked up George Street & accused touched me on the head. He said nothing. I walked up & met Phillips at the Brooklyn’s Hotel George Street. Accused was following me. I told him something. Accused followed me up George Street & I asked him to buy a box of matches at corner of Moore Street & George Street. He said he would give me half a crown
156
for the box. I said nothing. We walked up a good bit in Moore Street other side of Pitt Street. Accused said he would give Phillips 3/-. I did not hear anything more that was said. Phillips & accused went down the lane – I was close to them then. I kept about 25 yards away from them. Accused stood in the lane with Phillips – Phillips was about a yard away. I did not see them at this time. Accused lay down. He went to pull Phillips down – but Phillips would not. I sang out “Edge.” Phillips ran.
157
We walked up to Castlereagh Street. Accused said nothing. Phillips said he would give him in charge. I saw accused arrested. I kept him in sight till arrested.
Thomas Vaughan 6 examined by Pollock. Sergeant stationed at No. 4. I saw accused on night of 3rd February outside the Grosvenor Hotel. He was hurrying in direction of Miller’s Point. I stopped him & asked him to go to Police Station. He said what for? I said I would tell him what it was when we got there. 2 boys Sullivan & Phillips
158
were with me & had made a statement which required investigation. He was taken into the officers’ room. Sullivan said that is the man. He gave me a pie in George Street. Accused said not me, I don’t buy pies. I work amongst them. Phillips said he offered me 3/- to take him on – a 2/- piece & 1/-. Accused said I have not got the money. I searched him & found 6/3d. – among a 2/- & 1/- piece. I then I asked him if he had bought any pies. He said no. If he had been in any pie shop. He said no.
159
Then Plumley said he recognized him as having been in his shop that evening but could not say what he bought. Sullivan said I only ate a portion of the pie & threw the rest away in the street. I went with Sullivan to the place & found the portion of the pie produced, like the ones Plumley sold. I then charged him & he made no reply.
Edward Plumley examined by Solicitor General. Provision shop, lower George Street. I have seen accused in the shop on the night of the
160
3rd February. He bought something. We sell pies like the portion the constable picked up.
Case for Crown closed.
Accused [Charles Chambers] said he was innocent.
I sum up.
Jury retire 1 o’clock.
“ return 1.30.
Verdict – not guilty on both counts.
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The Daily Telegraph, Thu 25 Feb 1904 7
CENTRAL CRIMINAL COURT.
(Before Mr Justice Owen and juries.)
Mr Hugh Pollock, Solicitor-General, prosecuted for the Crown.
ACQUITTED.
…
Charles Chambers, an elderly man, charged with attempting to commit a serious offence, to which he pleaded not guilty, was acquitted.
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The Sydney Morning Herald, Thu 25 Feb 1904 8
CENTRAL CRIMINAL COURT.
(Before Mr Justice Owen and juries.)
Mr Hugh Pollock, Solicitor-General prosecuted for the Crown
ACQUITTALS.
…
Charles Chambers, an elderly man, pleaded not guilty to having attempted to commit a certain offence in a lane off Castlereagh-street, Sydney, on February 3 last. Accused, after a short consideration by the jury, was found not guilty and discharged.
1 The Sydney Morning Herald, Fri 5 Feb 1904, p. 8.
2 SRNSW: NRS880, [9/7060], Supreme Court, Papers and depositions, Sydney, Feb 1904, No. 170. Emphasis added.
3 SRNSW: NRS7524, [2/6430], Judiciary, W Owen, J. Notebooks Criminal Causes, 1897-1906, pp. 151-160. Emphasis added.
4 Means He?
5 Heads in transcript of depositions.
6 Ball, in depositions.
7 The Daily Telegraph, Thu 25 Feb 1904, p. 8.
8 The Sydney Morning Herald, Thu 25 Feb 1904, p. 3.