Newcastle Morning Herald and Miners’ Advocate, Thu 31 Mar 1904 1
NEWCASTLE POLICE COURT.
——•—▴—•——
Wednesday, March 30.
(Before Mr FP Meares, DSM.)
…
COMMITTED FOR TRIAL.
James Greer was charged with assaulting Edward Rasmussen, at Newcastle, on the 30th instant.
Constable [Edward] Latty deposed that accused was given into custody by Rasmussen about 1.30 am on Wednesday. Evidence was given by prosecutor as to the nature of the assault. Accused pleaded not guilty, and was committed to take his trial at the Maitland Circuit Court on the 6th April next, bail being allowed, self in £80 and two sureties in £40 or one in £80.
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Depositions for James Greer 6 Apr 1904 Maitland 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) James Greer |
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(c) Offence. |
(c) indecently assault Edward Rasmussen |
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(d) Town. |
Police Office, (d) Newcastle |
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31st March 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) James Greer |
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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) East Maitland |
on Wednesday |
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(h) Town where Court |
the sixth day of April 1904 |
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The accused is (i) confined to gaol at Maitland |
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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) Edward Latty and Edward Rasmussen
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(l) Short description to enable identification. |
The Exhibits enclosed are (l) None |
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I have the honor to be, |
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[Signed] H[enry] H[arold Septimus] Chippindall |
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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.
North Eastern District,
Newcastle Police Station
March 30th 1904
Report relative to antecedents of:–
Name: James Greer
Offence: Indecent assault on Edward Rasmussen
Committed for Trial at: Maitland Circuit Court
Date: 6th April 1904
Constable E Latty No. 7667 reports:– That the above named offender is a seaman on the steamship Volga which arrived at Newcastle on the 29th instant from Singapore and he is not known to the Newcastle Police.
[Signed] E[dward] Latty, Constable.
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Newcastle Police Station
April 2.4.04
Constable E Latty No. 7667 reports for the information of his Officers that he is bound over to attend the Maitland Circuit Court on the 6th instant, as a witness in the case of James Greer charged with indecent assault on Edward Rasmussen at Newcastle on the 29th of March 1904.
The evidence the Constable will give is as to arrest and statement made in presence of accused.
[Signed] E Latty, Constable.
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Depositions of Witnesses.
New South Wales, Newcastle
TO WIT. }
The examination of Edward Latty of Newcastle in the State of New South Wales, Constable of Police and Edward Rasmussen (fireman) of ship Heath Craig Newcastle in the said State, taken on oath this 30th day of March in the year of Our Lord one thousand nine hundred and four at the Newcastle 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 James Greer who is charged this day before me for that he, the said James Greer on the 30th day of March in the year of Our Lord one thousand nine hundred and four at Newcastle in the said State, indecently did assault one Edward Rasmussen, a male person.
1
This deponent Edward Latty on his oath saith as follows:– I am a Police Constable stationed at Newcastle. About 1.30 am this day I saw accused in company with the prosecutor in Perkins Street Newcastle. The prosecutor Edward Rasmussen was accusing him of doing a dirty trick to him. When prosecutor saw me he said “Policeman, I will give this man in charge for doing a dirty trick on me.” I said to prosecutor in accused’s presence “What did he do?” Prosecutor said “I was lying on the form, accused came over to me, undone my trousers and took out my person and put it in his mouth.” I said to accused “Is that true?” He made no reply. I then arrested him and at the Newcastle Police Station charged him as he now stands charged. In reply he said “I don’t know this man.”
No questions.
[Signed] E Latty.
Taken and sworn at Newcastle, this 30th day of March 1904 before me.
[Signed] FP Meares, DSM.
2
This deponent Edward Rasmussen on his oath saith as follows:– I am a fireman and belong to the ship Heath Craig lying and Carrington. I was in Newcastle last night and I was half lying down half sitting down near the refreshment room where the tram stops in Perkins Street Newcastle. This would be after 12 o’clock pm. I was waiting for the tram to Lambton. I went to sleep for about a quarter of an hour and was awakened by feeling a man’s hand undoing my trousers. When I woke up I found the fly of my trousers wide open. I then saw accused bending over me and he had my person in his mouth. I gave him a push and then accused lay flat on the bench as if he were sleeping. I caught hold of accused and I said to him “What kind of tricks are you trying to do?” He said “Nothing.” I again spoke to him. I then shook him up. He then tried to get away from me but I held him and said “Stop here.” Accused said “I have not done anything to you.” I then said “Stop here, I will give you in charge.” A few minutes afterwards the Constable came along and I gave accused in charge. I never saw accused before. I was not quite sober, neither was accused sober. He seemed to make himself more drunk than he really was.
No questions.
[Signed] Edward Rasmussen.
Taken and sworn at Newcastle, this 30th day of March 1904 before me.
[Signed] FP Meares, DSM.
3
(F. 2– “Justices Act, 1902.”)
Statement of the Accused.
State of New South Wales, Newcastle
TO WIT. }
James Greer (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 30th day of March in the year of Our Lord one thousand nine hundred and four for that he, the said defendant, on the 30th day of March 1904, at Newcastle in the said State, indecently did assault one Edward Rasmussen, a male person and the said charge being read to the said defendant, and the witnesses for the prosecution Edward Latty, and Edward Rasmussen being severally examined in his presence, and (the depositions of the said witnesses having been 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 evidence at 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 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:– “Nothing.”
[Signed] James Greer.
Taken before me and read over to the said defendant at Newcastle in the said State, the day and year first above mentioned.
[Signed] FP Meares, DSM.
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G. 190.
New South Wales, Newcastle
TO WIT. }
REX.
versus
James Greer
Offence,— Indecently assault a male person
The accused stands committed to take his trial at the next Court of Circuit Court to be holden at Maitland, in the State of New South Wales, on the sixth day of April 1904. Bail allowed the accused in £8 and two sureties in £40 each, or one in £80
[Signed] FP Meares, Deputy Stipendiary Magistrate
JP.
Dated at the Police
Office, Newcastle
in the said State,
this thirtieth
day of March
AD 1904
4g 416 - 88
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“Justices Act, 1902.”
Recognizance to give Evidence.
G. 1.
State of New South Wales, Newcastle
TO WIT. }
Be it remembered, that on the 30th day of March in the year of Our Lord one thousand nine hundred and four Edward Latty a Constable of the Police Force, stationed at Newcastle in the State of New South Wales, and Edward Rasmussen of ship Heath Craig now lying at Carrington fireman in the said State, personally came before the undersigned, one of His Majesty’s Justices of the Peace in and 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 of 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] E Latty, Edward Rasmussen.
Taken and acknowledged, the day and year first above mentioned, at Newcastle in the said State, before me.
[Signed] HH Chippindall, JP.
The condition of the within written Recognizance is such, that whereas one James Greer was this day charged before Frederick PD Meares esquire one of His Majesty’s Justices of the Peace in and for the said State, and a Deputy Stipendiary Magistrate for the Newcastle Police District with indecently assaulting Edward Rasmussen.
If, therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Maitland in and for the State of New South Wales, on Wednesday the sixth day of April 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 James Greer for the offence aforesaid, to the jurors who shall pass upon the trial of the said James Greer.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] HH Chippindall, JP.
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[On the depositions’ cover sheet is the following]
Circuit Court.
Maitland
6 April 1904
AG’s No. 123
Depositions.
CS’s No. 11
Rex
v.
James Greer
Indecent assault on a male person
Committed at: Newcastle
on: 13 March 1904
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Court. Maitland
Date. 6th April 1904
Cor. Owen Judge.
Plea. Nor Guilty
Verdict. Not Guilty
Judgment.
[Signed] JB Peden, Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.
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Indecent assault on a male person
[Signed] Hugh Pollock S[olicitor] G[eneral]
5.4.04
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Justice W Owen’s notebook 3
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[Maitland, Wednesday 6 April 1904]
Rex v James Greer – Indecent assault on a male – Edward Rassmussen. 4
Plea not guilty.
Cowan for prisoner.
Edward Rassmussen examined by Peden. Fireman on board Heath Craig. I know accused. On Tuesday or Wednesday night last week something occurred in one of the sheds where the tramcar stops. I was waiting for a tram and had fallen asleep not quite sober, and going asleep. It was between 12 & 1 o’clock am after midnight. I had fallen asleep. When I waked up there was a man bending over me & had my pants wide open. The man was the
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accused. He was trying to pull my prick out. His mouth was touching my body. When I waked up I gave him a push & then he got on the bench & seemed to be asleep too. I shaked him off & asked him what he had been trying to do. He said I have not done anything to you. He wanted to clear out but I kept him till a constable came up a few minutes after. I told him I would give him in charge. A constable came & I gave him in charge. I don’t think accused was quite sober.
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I am not now on the Heath Craig. She left last Sunday – this was on Tuesday and Wednesday. I was paid off last Thursday – the day after accused was committed at the Police Court. I did not speak to the Captain about the discharge. I was sleeping a quarter of an hour. I say I was awakened by a man bending over me. I never said anything different. I gave evidence at Newcastle Police Court. I don’t remember exactly what I said. I said I was awakened by feeling a man’s hand undoing my trousers. I was not quite awake. I stopped
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him as soon as I woke up. I don’t know anything till it was in his mouth. I am not strong. 2 months on this ship – I was splitting timber before that. I had never seen the man before. I don’t know if he had a pipe in his hand. I said you are trying to do a dirty trick on me. I left the Heath Craig on Tuesday about 7.30 pm. I was ashore all day. I bought some clothes till 9 o’clock. I had not much money. I was going I wanted to go to Lambton. I did not take the clothes away. I did not go to Lambton.
Edward Lattie 5 examined by Peden. Constable at Newcastle. On 30th March
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I saw accused & Rassmussen in Fergus 6 Street Newcastle. Rassmussen accused prisoner of doing a dirty trick on him. When Rassmussen saw me he called out “Policeman, I give this man in charge for doing a dirty trick on me.” I then said what did he do? Rassmussen said I was lying on this form. This man came over, undid my trowsers & took out my person & put it into his mouth. I said to accused is that true? He made no reply. I then arrested him & charged him. He said I don’t know this man.
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Cross-examined by Cowan. I had no conversation with accused that morning. I was standing there some time. Accused said if you are going to arrest me you had better take me or I will go back to the ship. He did not say I don’t know the accused or he has done nothing to me. I was waiting for the sub-inspector who was down the street.
Crown case closed.
James Greer (accused) sworn. Sailor on the Volga – AB. I remember this night. I came to the street between 12 & 1 o’clock. I wanted a tram conveyance to Carrington where
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my ship was. This man was sitting on the bench. He jumped up & said I charge you with doing a dirty trick. Rassmussen said he wanted a constable. I told him to give me in charge – I did not think such a charge was possible. I told the constable to take me as I wanted to go on board the ship. I did not open his fly or touch his person.
Case for prisoner closed.
Cowan for prisoner to Jury.
I sum up.
Jury retire 4.25
“ return 5 o’clock.
Verdict not guilty.
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The Maitland Daily Mercury, Wed 6 Apr 1904 7
THE CIRCUIT COURT.
The April sittings of the Maitland Circuit Court opened this morning at East Maitland before his Honor Justice [W] Owen. Mr C Manning was the Judge’s Associate and Clerk of Arraigns. Mr CEB Maybury, the Sheriff, was present. Mr JB Peden prosecuted for the Crown, and with him was Mr Hamilton, of the Crown Solicitor’s Office. The barristers present were: Messrs R Cowan, W Tighe, JC Gannon, and R Windeyer. The solicitors at the court were: Messrs RW Thompson, JHF Waller, WA Read, JR Carlton, WJ Enright, F Hooke, and Macartney Abbott. Mr EAL Sharpe, PM., Mr DG D’Arcy (acting governor of the gaol), and Superintendent Cotter were also present.
One juror was fined £2 for non-attendance. Another was excused owing to the serious illness of his wife. The plea of business needing urgent attention was not sufficient to ensure the excuse of a third juror.
…
ALLEGED INDECENT ASSAULT.
James Greer, 43, a seaman, pleaded not guilty to a charge of having, at Newcastle, on March 30, 1904, indecently assaulted Edward Rasmussen. Accused, who said his name was Joseph, not James, pleaded not guilty. He was defended by Mr R Cowan, instructed by Mr WA Reid.
Edward Rasmussen, a fireman on the ship Heath Craig , said he was in a tram shed at Perkins-street, Newcastle, on Tuesday night of last week. He had fallen asleep, and, when he awoke after midnight, accused was there. Witness stated what took place. Greer appeared to be drunk – Witness was closely cross-examined by Mr Cowan.
(Case proceeding).
The Maitland Daily Mercury, Thu 7 Apr 1904 8
THE CIRCUIT COURT.
(Before his Honor Justice Owen.)
Wednesday, April 6.
The court was sitting yesterday afternoon when our report closed.
ALLEGED INDECENT ASSAULT.
In the case against James Greer, 43, a seaman, of alleged indecent assault on Edward Rasmussen, at Newcastle, on March 30, Constable Lackey [sic] also gave evidence.
For the defence, accused denied everything imputed to him by Rasmussen.
After counsel’s addresses and the summing up of his Honor, the jury retired for about 35 minutes. They returned with a verdict of not guilty, and the prisoner was discharged.
The Court then adjourned.
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Newcastle Morning Herald and Miners’ Advocate, Thu 7 Apr 1904 9
MAITLAND CIRCUIT COURT.
Wednesday, April 6.
(Before His Honor Mr Justice Owen.)
The April sittings of the Maitland Circuit Court were opened this morning before his Honor Mr Justice Owen. Mr CEB Maybury, Sheriff, occupied a seat on the Bench. Mr JB Peden was Crown Prosecutor, and Mr CE Manning associate and clerk of arraigns. Other officials in attendance were:– Mr EAL Sharpe, PM., Superintendent Cotter, Sub-Inspector Sykes and Goulder, and MR DG D’Arcy, Acting-Governor of the Gaol. The members of the legal profession present were:– Barristers: Messrs JC Gannon, W Tighe, R Cowan, and R Windeyer. Solicitors: Messrs RW Thompson, JHF Waller, WA Reid, F Hook, JR Carlton, WJ Enright, and M Abbott. One juror was fined £2 for non-attendance, and another was excused owing to his wife’s serious illness.
…
ALLEGED ASSAULT.
James Greer, 43, a seaman, pleaded not guilty to a charge of having committed a serious assault on Edward Rasmussen, at Newcastle, on the 30th March. Mr R Cowan, instructed by Mr WA Reid, appeared for the defence. After hearing evidence, and retiring for half-an-hour, the jury returned a verdict of not guilty, and the accused was discharged.
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The Maitland Weekly Mercury, Sat 9 Apr 1904 10
THE CIRCUIT COURT.
…
ALLEGED INDECENT ASSAULT.
James Greer, 43, a seaman, pleaded not guilty to a charge of having, at Newcastle, on March 30, 1904, indecently assaulted Edward Rasmussen. Accused, who said his name was Joseph, not James, pleaded not guilty. He was defended by Mr R Cowan, instructed by Mr WA Reid.
After counsels’ addresses and the summing up of his Honor, the jury retired for about 35 minutes. They returned with a verdict of not guilty, and the prisoner was discharged.
1 Newcastle Morning Herald and Miners’ Advocate, Thu 31 Mar 1904, p. 7. Emphasis added.
2 SRNSW: NRS880, [9/7075], Supreme Court, Papers and depositions, Maitland, 1904, No. 123. Emphasis added.
3 SRNSW: NRS7524, [2/6431], Judiciary, W Owen, J. Notebooks Criminal Causes, 1897-1906, pp. 35-41. Emphasis added.
4 Rasmussen in transcript of depositions.
5 Latty, ibid.
6 Perkins, ibid – almost certainly the correct name.
7 The Maitland Daily Mercury, Wed 6 Apr 1904, p. 3. Emphasis added.
8 The Maitland Daily Mercury, Thu 7 Apr 1904, p. 3.
9 Newcastle Morning Herald and Miners’ Advocate, Thu 7 Apr 1904, p. 6.
10 The Maitland Weekly Mercury, Sat 9 Apr 1904, p. 5.