Isaac Sanders, 1905-I
Below also see: Isaac Sanders, 1905-II
Isaac Sanders, 1905-III
Isaac Sanders, 1905-IV
Isaac Sanders, 1905-V
The Sydney Morning Herald, Tue 26 Sep 1905 1
NEWCASTLE.
———◦———
THE FIRST CIRCUIT COURT.
———
OPENED BY MR JUSTICE COHEN.
———
AN INTERESTING GATHERING.
———
Newcastle, Monday.
The first Circuit Court to be held in Newcastle commenced its sittings this morning. In order to mark the occasion arrangements were made to extend a welcome to Mr Justice Cohen, who has the honour of being the first Judge to preside over the new Court at Newcastle. Shortly before 10 o’clock the Mayor (Alderman MJ Moroney) and the city aldermen occupied the seats usually set apart for the jury, while the body of the court was filled by barristers and members of the legal profession, both from Newcastle and Sydney. The gallery was occupied by a number of prominent ladies and gentlemen.
On Mr Justice Cohen, Mr CEB Maybury (Sheriff), and Mr H Lang (Deputy Sheriff) taking their seats on the bench the Mayor of Newcastle rose, and said that on behalf of the citizens he congratulated his Honor on presiding at the first Circuit Court at Newcastle. The citizens has asked for the establishment of the Court, as they believed the importance of the city demanded it. His Honor was the first Supreme Court Judge to visit the city under the improved arrangements, and he trusted that for many years he would continue to occupy an important position on the judicial bench. He desired to convey the thanks of the citizens to the Government for having met their wishes in fixing sittings of the Circuit Court at Newcastle.
His Honor, in reply, expressed his pleasure at presiding at the opening of the first local Circuit Court. He had no doubt that the decision of the Government in making Newcastle a circuit town would meet the convenience of the citizens, and, at the same time, grant to Newcastle the justice and consideration it had always claimed. The present occasion afforded him particular pleasure, because of his early association with the northern district from that he now occupied. He hoped that the criminal records would not be increased by the facilities which the new court would offer for dealing with crime. He was afraid it was hopeless to expect that crime would altogether cease, but it might be reduced to a minimum.
The ordinary business of the Court was then proceeded with.
~ ~ ~ ~ ~
Depositions for Isaac Sanders 28 Sep 1905 Newcastle trial 2
NEW SOUTH WALES POLICE.
North Eastern District,
Wallsend Station.
25th September 1905
Nos. 12, 13, 14,15,16
Report relative to antecedents of:–
Name: Isaac Sanders
Offence: Buggery 5 charges
Committed for Trial at: Newcastle Circuit Court
Date: 25th September 1905
Senior Sergeant Coughlin reports:– That the above named offender is 22 years of age and has resided in Wallsend for the past 18 years. There is no previous convictions against him.
[Signed] John Coughlin, Senior Sergeant.
~ ~ ~ ~ ~
Depositions of Witnesses.
New South Wales, Wallsend
TO WIT. }
The examination of John Coughlin of Wallsend in the State of New South Wales, Senior Sergeant of Police and Benjamin Hughes of Wallsend in the said State, taken on oath this 25th day of September in the year of Our Lord one thousand nine hundred and five at the Wallsend Police Office, in the said State, before the undersigned, Stipendiary Magistrate and one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of Isaac Sanders who stands charged this day before for that he the said Isaac Sanders on the about the month of August in the year of Our Lord one thousand nine hundred and five at Wallsend in the said State, he did assault one Benjamin Hughes and then wickedly and against the order of nature know the said Benjamin Hughes and did commit with him the abominable crime of buggery.
1
This deponent John Coughlin on his oath, saith as follows:–
I am a Senior Sergeant of Police stationed at Wallsend.
On the evening of the 23rd instant at the Wallsend lock up I charged accused as he now stands charged. He said “I don’t know anything about it.”
By Mr Woods: He bears a good character.
[Signed] J Coughlin.
Taken and sworn at Wallsend and Plattsburg, this 25th day of September 1905, before me.
[Signed] George F Scott, SM.
2
This deponent Benjamin Hughes (aged 14 years) on his oath saith as follows:–
I reside at Pittown with my parents. I am employed at the Killingworth Mine. I know accused. I met him about 6 weeks ago at Pittown corner. It was between 10 am and 1 am. He said “Will you come up the bush with me?” We went up to the Seapit Wallsend. When we got up there I got frightened and ran away. Accused ran after me and caught me. He then pulled my trousers down after undoing my braces. He then pulled out his cock and put it into my behind. Before putting his cock into me he laid me down. 3 When he had his cock in my behind he jerked a bit for
3
about a minute. I felt his cock in my behind all the time. When he got off I saw white stuff coming out of his cock. He said “That’s what I put into a girl.” He also said “If you tell anyone I’ll shoot you.” 4 I told Lawrance had a conversation with Lawrence Thompson about a day afterward.
By Mr Woods: He laid me down quietly on the ground, I did not struggle but lay quiet. I felt his cock in me. I did not cry. It did not hurt me. I did not tell Lawrence anybody except Lawrence Thompson.
On Friday I saw Sergeant Coughlin. I did not tell Mr Thompson, father of Lawrence Thompson. There was not moisture on my behind. I felt my behind a little wet.
[Signed] Benjamin Hughes.
Taken and sworn at Wallsend and Plattsburg, this 25th day of September 1905, before me.
[Signed] George F Scott, SM.
4
(F. 2 – “Justices Act, 1902.”)
Statement of the Accused.
State of New South Wales, Wallsend
TO WIT. }
Isaac Sanders (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 25th day of September in the year of Our Lord one thousand nine hundred and five for that he, the said defendant, about the month of August 1905, at Wallsend in the said State, did assault one a Benjamin Hughes and then wickedly and against the order of nature know the said Benjamin Hughes and did commit with him the abominable crime of buggery and the said charge being read to the said defendant, and the witnesses for the prosecution, John Coughlin, Benjamin Hughes 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:– “I am not guilty and reserve my defence.”
Taken before me and read over to the said defendant at Wallsend in the said State, the day and year first above mentioned.
[Signed] George F Scott, SM.
5
G. 190.
New South Wales, Wallsend
TO WIT. }
12
REX.
versus
Isaac Sanders
Offence,— Sodomy
The accused stands committed to take his trial at the next Court of Assize to be holden at Newcastle, in the State of New South Wales, on the Monday the twenty fifth day of September 1905. Bail allowed the accused in £80 and two sureties in £40 each, or one in £
[Signed] George F Scott, SM
JP.
Dated at the Police
Office, Wallsend
in the said State,
this twenty fifth
day of September
AD 1905
4g 416 - 88
6
“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Wallsend
TO WIT. }
Be it remembered, that on the 23rd day of September in the year of Our Lord one thousand nine hundred and five John Hughes of Wallsend in the said State, miner personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged themselves of 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, respectively, to the use of our said Lord the King, his Heirs and Successors, if Benjamin Hughes shall fail in the condition indorsed.
[Signed] John Hughes.
Taken and acknowledged, the day and year first above mentioned, at Wallsend in the said State, before me.
[Signed] W[illiam] A[ugustus] Flynn, JP.
The condition of the within written Recognizance is such, that whereas one Isaac Sanders was this day charged before George F Scott, esquire, Stipendiary Magistrate and one of His Majesty’s Justices of the Peace for the said State, with sodomy.
I, therefore, they the before mentioned persons shall appear at the Circuit Court of Newcastle in and for the State of New South Wales, on Monday the 25th day of September 1905, 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 Isaac Sanders for the offence aforesaid, to the jurors who shall pass upon the trial of the said Isaac Sanders.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] WA Flynn, JP.
7
“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Newcastle
TO WIT. }
Be it remembered, that on the 25th day of September in the year of Our Lord one thousand nine hundred and five John Coughlin a Senior Sergeant of the Police Force, stationed at Wallsend in the State of New South Wales, 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 of their goods and chattels, lands and tenements, respectively, 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] J Coughlin.
Taken and acknowledged, the day and year first above mentioned, at Wallsend in the said State, before me.
[Signed] WA Flynn, JP.
The condition of the within written Recognizance is such, that whereas one Isaac Sanders was this day charged before George F Scott esquire one of His Majesty’s Justices of the Peace for the said State, with sodomy.
If, therefore, they the before mentioned persons shall appear at the Circuit Court now holden at Newcastle in and for the State of New South Wales, on Monday the 25th day of September 1905, 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 Isaac Sanders for the offence aforesaid to the jurors who shall pass upon the trial of the said Isaac Sanders.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] WA Flynn, JP.
8
Recognizance of Bail on Committal for Trial.
State of New South Wales, Newcastle
TO WIT. }
Be it remembered, that on the 25th day of September, in the year of Our Lord one thousand nine hundred and five, Isaac Sanders of Wallsend, in the State of New South Wales, miner Nicholas Sanders of Wallsend in the said State, miner and Ann Sommerville, of Plattsburg in the said State, laundry proprietress personally came before me, the undersigned, one of His Majesty’s Justices of the Peace for the said State, and severally acknowledged themselves to owe to Our Sovereign Lord the King the several sums following (that is to say); the said Isaac Sanders the sum of eighty pounds; and the said Nicholas Sanders and Ann Sommerville the sum of forty pounds each, of good and lawful money of Great Britain, to be made and levied of their several goods and chattels, and lands and tenements respectively, respectively, to the use of our said Lord the King, his Heirs and Successors, if he the said Isaac Sanders shall fail in the condition indorsed.
[Signed] Isaac Sanders, Nicholas Sanders and Ann (her X mark) Sommerville.
Taken and acknowledged, the day and year first above mentioned, at Wallsend, in the said State, before me.
[Signed] H[enry] H[arold Septimus] Chippindall, JP
Condition in Ordinary Cases.
The condition of the within written Recognizance is such, that whereas the said Isaac Sommerville Sanders was on the 25th day of September 1905, charged before George F Scott esquire, one of His Majesty’s Justices of the Peace for the said State, with buggery with Benjamin Hughes if therefor the said Isaac Sanders will appear at the Circuit Court now holden at Newcastle in and for the State of New South Wales, on Tuesday the 26th day of September 1905, at nine of the clock in the forenoon and then and there surrender himself into the custody of the Keeper of the Gaol there, and plead to such information as may be filed against him or for in respect of the charge aforesaid, and take his trial upon the same, and not depart the said Court without leave, – then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] HH Chippindall, JP.
~ ~ ~ ~ ~
[On the depositions’ cover sheet is the following]
Circuit Court.
Newcastle
25 September 1905
AG’s No. 110
Depositions.
CS’s No. 12
Rex
v.
Isaac Sanders (on Bail)
Sodomy
Committed at: Wallsend
on: 25 September 1905
~ ~ ~ ~ ~
Court. Newcastle Circuit
Date. 28th September 05
Cor. Cohen Judge.
Plea. Not guilty
Verdict. guilty – attempted sodomy
Judgment. 5 years penal servitude, concurrent (with cases: 13, 14, 15, 16)
[Signed] WH Mocatta, Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.
~ ~ ~ ~ ~
1. Sodomy
2. Indecent assault
[Initialled] WHM [Crown Prosecutor]
26.9.05
Isaac Sanders, 1905-II
Depositions for Isaac Sanders 28 Sep 1905 Newcastle trial 5
Depositions of Witnesses.
New South Wales, Wallsend
TO WIT. }
The examination of John Coughlin of Wallsend in the State of New South Wales, Police Sergeant and Lawrence Thompson of Wallsend in the said State, taken on oath this 25th day of September in the year of Our Lord one thousand nine hundred and five at the Wallsend Police Office, in the said State, before the undersigned, Stipendiary Magistrate and one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of Isaac Sanders who stands charged this day before me for that he the said Isaac Sanders about the month of July in the year of Our Lord one thousand nine hundred and five at Wallsend in the said State, did assault one Lawrence Thompson and then wickedly and against the order of nature know the said Lawrence Thompson and did commit with him the abominable crime of buggery.
1
This deponent John Coughlin on his oath, saith as follows:–
I am a Senior Sergeant of Police stationed at Wallsend.
On the 22nd instant about 7 pm I charged accused at Wallsend Lock Up as he now stands charged. He was then in custody on another charge.
By Mr Woods: Accused bears a good character.
[Signed] J Coughlin.
Taken and sworn at Wallsend and Plattsburg, this 25th day of September 1905, before me.
[Signed] George F Scott, SM.
2
This deponent Lawrence Thompson aged (12 ?) years on his oath, saith as follows:–
I reside at Pittown Wallsend with my parents.
I know accused Isaac Sanders. He lives near our house. About two months ago I met him by our place. He said “Come to Sanders for a phonograph.” I went with him. He took me to the line in the Wallsend Pitt Yard near the colliery works. He said “Did anything ever come out of your cock before? Did anybody get at you before – behind?” I said “no!” He said “Would you like anybody to have a go at you?” I said “No.” He undone my braces, laid me down, put his cock into my behind and wet my behind. He began to move
3
about when he put his cock into my behind. I was then lying on my belly. I felt him inside me. He stayed on me about five minutes and then got off. He afterwards wiped his cock with his handkerchief and said “Don’t tell anybody.” He hurt me but not very much. I said I wouldn’t tell anybody. It occurred just after dark.
Mr Woods: I don’t remember the day of the month or the day of the week. It was just after dark. I did not cry. I did not laugh. It didn’t hurt much. I told nobody until a few days ago then I told the Police. I told Father and Mother on last Saturday night or last Friday night. I had not forgotten it. I did not see a doctor. There was no pain afterwards when I got home after the occurrence.
[Signed] L Thompson.
Taken and sworn at Wallsend and Plattsburg, this 25th day of September 1905, before me.
[Signed] George F Scott, SM.
4
(F. 2 – “Justices Act, 1902.”)
Statement of the Accused.
State of New South Wales, Newcastle
TO WIT. }
Isaac Sanders (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 25th day of September in the year of Our Lord one thousand nine hundred and five for that he, the said defendant, about the month of July 1905 at Wallsend in the said State, did assault one Lawrence Thompson and then wickedly and against the order of nature know the said William Thomas Thornton Lawrence Thompson and did commit with him the abominable crime of buggery and the said charge being read to the said defendant, and the witnesses for the prosecution John Coughlin, Lawrence Thompson 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:– “I am not guilty. I reserve my defence.”
Taken before me and read over to the said defendant at Wallsend in the said State, the day and year first above mentioned.
[Signed] George F Scott, SM.
5
“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Wallsend
TO WIT. }
Be it remembered, that on the 23rd day of September in the year of Our Lord one thousand nine hundred and five John Coughlin a Senior Sergeant of the Police Force, stationed at Wallsend in the State of New South Wales, personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged himself 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, respectively, to the use of our said Lord the King, his Heirs and Successors, if he the said before mentioned person shall fail in the condition indorsed.
[Signed] J Coughlin.
Taken and acknowledged, the day and year first above mentioned, at Wallsend in the said State, before me.
[Signed] W[illiam] A[ugustus] Flynn, JP.
The condition of the within written Recognizance is such, that whereas one Isaac Sanders was this day charged before George F Scott Stipendiary Magistrate and one of His Majesty’s Justices of the Peace for the said State, with sodomy.
If, therefore, they the before mentioned person shall appear at the Circuit Court holden at Newcastle in and for the State of New South Wales, on Monday the 25th day of September 1905, 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 Isaac Sanders for the offence aforesaid, to the jurors who shall pass upon the trial of the said Isaac Sanders.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] WA Flynn, JP.
6
Recognizance of Bail on Committal for Trial.
[The above for this case is identical with the Bail Recognizance found in case No. 1 and has therefore not been repeated here]
7
G. 190.
New South Wales, Wallsend
TO WIT. }
13
REX.
versus
Isaac Sanders
Offence,— Sodomy
The accused stands committed to take his trial at the next Court of Assize (Circuit Court) to be holden at Newcastle, in the State of New South Wales, on Monday the twenty fifth day of September1905. Bail allowed the accused in £80 and two sureties in £40 each, or one in £
[Signed] George F Scott, SM
JP.
Dated at the Police
Office, Wallsend
in the said State,
this twenty fifth
day of September
AD 1905
4g 416 - 88
~ ~ ~ ~ ~
[On the depositions’ cover sheet is the following]
Circuit Court.
Newcastle
25 September 1905
AG’s No.
Depositions.
CS’s No. 13
Rex
v.
Isaac Sanders (on Bail)
Sodomy
Committed at: Wallsend
on: 25 September 1905
~ ~ ~ ~ ~
Court. Newcastle Circuit
Date. 28th September 05
Cor. Cohen Judge.
Plea. Not guilty
Verdict. guilty attempted sodomy
Judgment. 5 years penal servitude, concurrent (with cases: 12, 14, 15, 16)
[Signed] WH Mocatta, Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.
~ ~ ~ ~ ~
1. Sodomy
2. Indecent assault
[Initialled] WHM [Crown Prosecutor]
26.9.05
Isaac Sanders, 1905-III
Depositions for Isaac Sanders 28 Sep 1905 Newcastle trial 6
Depositions of Witnesses.
New South Wales, Wallsend
TO WIT. }
The examination of John Coughlin of Wallsend in the State of New South Wales, Police Sergeant and Horace Stanley Thompson of Wallsend in the said State, taken on oath this 25th day of September in the year of Our Lord one thousand nine hundred and five at the Wallsend Police Office, in the said State, before the undersigned, Stipendiary Magistrate and one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of Isaac Sanders who stands charged this day before me for that he the said Isaac Sanders about the month of July in the year of Our Lord one thousand nine hundred and five at Wallsend in the said State, did assault one Horace Stanley Thompson and then wickedly and against the order of nature know the said Horace Stanley Thompson and did commit with him the abominable crime of buggery.
1
This deponent John Coughlin on his oath, saith as follows:–
I am Senior Sergeant of Police stationed at Wallsend.
On the 22nd instant at the Wallsend lock up I charged accused Isaac Sanders as he now stands charged. He made no reply. Accused bears a good character.
[Signed] J Coughlin.
Taken and sworn at Wallsend and Plattsburg, this 25th day of September 1905, before me.
[Signed] George F Scott, SM.
2
This deponent Horace Stanley Thompson aged 14 years on his oath, saith as follows:–
I reside at Pittown Wallsend with my parents. I know accused Isaac Sanders. He lives close to our house. About 2 months ago I met him about 7 pm in front of our house. He said “Come for a phonograph with me?” I said “Yes.” I went with him to the railway bridge and then we went through the gates and between the wagons in the Wallsend Pittown workshop. He caught hold of me and knocked me down, he broke my braces and pulled my pants down and got into me. He put his cock into my behind. I was lying on my belly. I felt him right inside my bum. He hurt me
3
a bit. He remained on me about one minute. When he got inside me he kept wobbling about. I felt some moisture in my behind. After he got off he wiped his cock with a handkerchief. He said “Don’t tell anybody.” I wiped my behind with my shirt and went home.
By Mr Woods: I don’t know the day of the week or month. I am in work. He threw me on the ground. I struggled to get away. I forgot to say we struggled before. I do not struggle when I was on the ground. He had a grip of me. He had his two arms round me the whole time. When he got me down he loosened his fly with one arm hand. I never had anything of this sort before. I knew he was into me because I could feel him there. It didn’t hurt much. I felt no pain after I got up from
4
the ground. I told nobody about the occurrence. I told my brother about a week afterward. I did not tell the Police.
On Friday I saw Sergeant Coughlin at the Police Station. He asked about the occurrence and I told him all about it, and signed a paper.
I know our family are not friendly with accused’s family. I did not feel any moisture inside, it ran down me. I told my brother Lawrence.
[Signed] H Thompson.
Taken and sworn at Wallsend and Plattsburg, this 25th day of September 1905 before me.
[Signed] George F Scott, SM.
5
(F. 2 – “Justices Act, 1902.”)
Statement of the Accused.
State of New South Wales, Newcastle
TO WIT. }
Isaac Sanders (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 25th day of September in the year of Our Lord one thousand nine hundred and five for that he, the said defendant, about the month of July 1905 at Wallsend in the said State, did assault one Horace Stanley Thompson and then wickedly and against the order of nature knew the said Horace Stanley Thompson and did commit with him the abominable crime of buggery and the said charge being read to the said defendant, and the witnesses for the prosecution, John Coughlin, Horace Stanley Thompson being severally examined in his presence, and (the depositions of the said witnesses having been read to him), the said defendant is not 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:– “I am not guilty and reserve my defence.”
Taken before me and read over to the said defendant at Wallsend in the said State, the day and year first above mentioned.
[Signed] George F Scott, SM.
6
G. 190.
New South Wales, Wallsend
TO WIT. }
14
REX.
versus
Isaac Sanders
Offence,— Sodomy
The accused stands committed to take his trial at the next Court of Assize to be holden at Newcastle, in the State of New South Wales, on Monday the twenty fifth day of September 1905. Bail allowed the accused in £80 and two sureties in £40 each, or one in £
[Signed] George F Scott, SM
JP.
Dated at the Police
Office, Wallsend
in the said State,
this twenty fifth
day of September
AD 1905
4g 416 - 88
7
“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Wallsend
TO WIT. }
Be it remembered, that on the 25th day of September in the year of Our Lord one thousand nine hundred and five John Coughlin a Senior Sergeant of the Police Force, stationed at Wallsend in the State of New South Wales, personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged himself 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 respectively, to the use of our said Lord the King, his Heirs and Successors, if they the said before mentioned person shall fail in the condition indorsed.
[Signed] J Coughlin.
Taken and acknowledged, the day and year first above mentioned, at Wallsend in the said State, before me.
[Signed] W[illiam] A[ugustus] Flynn, JP.
The condition of the within written Recognizance is such, that whereas one Isaac Sanders was this day charged before George F Scott, esquire one of His Majesty’s Justices of the Peace for the said State, with sodomy.
If, therefore, they the before mentioned persons shall appear at the Circuit Court now holden at Newcastle in and for the State of New South Wales, on Tuesday Monday the 25th day of September 1905, 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 Isaac Sanders for the offence aforesaid, to the jurors who shall pass upon the trial of the said Isaac Sanders.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] WA Flynn, JP.
8
Recognizance of Bail on Committal for Trial.
[The above for this case is identical with the Bail Recognizance found in case No. 1 and has therefore not been repeated here]
~ ~ ~ ~ ~
[On the depositions’ cover sheet is the following]
Circuit Court.
Newcastle
25 September 1905
AG’s No.
Depositions.
CS’s No. 14
Rex
v.
Isaac Sanders (on Bail)
Sodomy
Committed at: Wallsend
on: 25 September 1905
~ ~ ~ ~ ~
Court. Newcastle Circuit
Date. 29 September ‘05
Cor. Cohen Judge.
Plea. Guilty attempt sodomy
Verdict.
Judgment. 5 years penal servitude (with cases 12, 13, 15, 16)
[Signed] WH Mocatta, Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.
~ ~ ~ ~ ~
1. Sodomy
2. Indecent assault
[Initialled] WHM [Crown Prosecutor]
26.9.05
Isaac Sanders, 1905-IV
Depositions for Isaac Sanders 28 Sep 1905 Newcastle trial 7
Depositions of Witnesses.
New South Wales, Wallsend
TO WIT. }
The examination of John Coughlin of Wallsend in the State of New South Wales, Senior Sergeant of Police and Henry Wanless of Wallsend in the said State, taken on oath this 25th day of September in the year of Our Lord one thousand nine hundred and five at the Wallsend Police Office, in the said State, before the undersigned, Stipendiary Magistrate and one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of Isaac Sanders who stands charged this day before me for that he the said Isaac Sanders about the month of August in the year of Our Lord one thousand nine hundred and five at Wallsend in the said State, did assault one Henry Wanless and then wickedly and against the order of nature did know the said Henry Wanless and did commit with him the abominable crime of buggery.
1
This deponent John Coughlin on his oath, saith as follows:–
I am a Senior Sergeant of Police stationed at Wallsend.
On the 22nd instant at the Wallsend lock up I charged accused as he now stands charged. He said “I know nothing about it.”
[Signed] J Coughlin.
Taken and sworn at Wallsend and Plattsburg, this 25th day of September 1905, before me.
[Signed] George F Scott, SM.
2
This deponent Henry Wanless aged 13 years on his oath, saith as follows:–
I reside at Pittown with my parents. I know accused Isaac Sanders. He lives near us. About 5 or 6 weeks ago I met him about 7.30 pm. He said “Come and get a gramophone at Nichol Saunders?” I went with him. He took me to Mr Maddison’s coal pit near the railway line. When we got there he put me down and unbuttoned my pants. He laid me on my belly. He pulled my pants down and got on me and started to move about. 8 He put his cock in my bum and hurt me. While he had his cock in my bum he was moving. He stayed on me about five minutes. I felt a moisture in my bum. I afterwards went and
3
had a “crap”. He said “Don’t tell anybody.” I said “All right.”
By Mr Woods: I don’t remember the day of the week or month. He did not hurt me much. He wasn’t right inside me. The moisture I felt was just about the entrance of my behind.
I first told Sergeant Coughlin at the Police Station. My father told me to come to the Police Station. Constable Dwan took a paper to our house and I signed it.
I did not feel sore after getting up off the ground.
By Sergeant Coughlin: I told you at our house not at the Police Station.
[Signed] Henry Wanless.
Taken and sworn at Wallsend and Plattsburg, this 25th day of September 1905 before me.
[Signed] George F Scott, SM.
4
(F. 2 – “Justices Act, 1902.”)
Statement of the Accused.
State of New South Wales, Wallsend
TO WIT. }
Isaac Sanders (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 25th day of September in the year of Our Lord one thousand nine hundred and five for that he, the said defendant, about the month of August 1905 at Wallsend in the said State, did assault one Henry Wanless and then wickedly and against the order of nature know the said Henry Wanless and did commit with him the abominable crime of buggery and the said charge being read to the said defendant, and the witnesses for the prosecution, John Coughlin, Henry Wanless 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:– “I am not guilty and reserve my defence.”
Taken before me and read over to the said defendant at Wallsend in the said State, the day and year first above mentioned.
[Signed] George F Scott, SM.
5
G. 190.
New South Wales, Wallsend
TO WIT. }
15
REX.
versus
Isaac Sanders
Offence,— Sodomy
The accused stands committed to take his trial at the next Court of Assize to be holden at Newcastle, in the State of New South Wales, on Monday the twenty fifth day of September 1905. Bail allowed the accused in £80 and two sureties in £40 each, or one in £
[Signed] George F Scott, SM
JP.
Dated at the Police
Office, Wallsend
in the said State,
this twenty fifth
day of September
AD 1905
4g 416 - 88
6
“ Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Wallsend
TO WIT. }
Be it remembered, that on the 23rd day of September in the year of Our Lord one thousand nine hundred and five Robert Wallsend Wanless personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged himself 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, respectively, to the use of our said Lord the King, his Heirs and Successors, if Henry Wanless shall fail in the condition indorsed.
[Signed] Robert Wanless.
Taken and acknowledged, the day and year first above mentioned, at Wallsend in the said State, before me.
[Signed] WA Flynn, JP.
The condition of the within written Recognizance is such, that whereas one Isaac Sanders was this day charged before George F Scott esquire Stipendiary Magistrate and one of His Majesty’s Justices of the Peace for the said State, with sodomy.
If, therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Newcastle in and for the State of New South Wales, on Monday the 25th day of September 1905, 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 Isaac Sanders for the offence aforesaid, to the jurors who shall pass upon the trial of the said Isaac Sanders.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] WA Flynn, JP.
7
“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Newcastle
TO WIT. }
Be it remembered, that on the 25th day of September in the year of Our Lord one thousand nine hundred and five John Coughlin a Senior Sergeant of the Police Force, stations at Wallsend in the State of New South Wales, 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 of their goods and chattels, lands and tenements, respectively, to the use of our said Lord the King, his Heirs and Successors, if they the said before mentioned person shall fail in the condition indorsed.
[Signed] J Coughlin.
Taken and acknowledged, the day and year first above mentioned, at Newcastle in the said State, before me.
[Signed] WA Flynn, JP.
The condition of the within written Recognizance is such, that whereas one Isaac Sanders was this day charged before George F Scott esquire one of His Majesty’s Justices of the Peace for the said State, with sodomy.
If, therefore, they the before mentioned person shall appear at the next Circuit Court now holden at Newcastle in and for the State of New South Wales, on Monday th 25th day of September 1905, at nine of the clock in the forenoon and then and there give such evidence as they know, upon and information to be then and there preferred against the said Isaac Sanders for the offence aforesaid to the jurors who shall pass upon the trial of the said Isaac Sanders.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] WA Flynn, JP.
8
Recognizance of Bail on Committal for Trial.
[The above for this case is identical with the Bail Recognizance found in case No. 1 and has therefore not been repeated here]
~ ~ ~ ~ ~
[On the depositions’ cover sheet is the following]
Circuit Court.
Newcastle
25 September 1905
AG’s No.
Depositions.
CS’s No. 15
Rex
v.
Isaac Sanders (on Bail)
Sodomy
Committed at: Wallsend
on: 25 September 1905
~ ~ ~ ~ ~
Court. Newcastle Circuit
Date. 29th September 05
Cor. Cohen Judge.
Plea. Guilty of attempted sodomy
Verdict. 5 years penal servitude (with cases 12, 13, 14 & 16)
Judgment.
[Signed] WH Mocatta, Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.
~ ~ ~ ~ ~
1. Sodomy
2. Indecent assault
[Initialled] WHM [Crown Prosecutor]
26.9.05
Isaac Sanders, 1905-V
Depositions for Isaac Sanders 28 Sep 1905 Newcastle trial 9
Depositions of Witnesses.
New South Wales, Wallsend
TO WIT. }
The examination of John Coughlin of Wallsend in the State of New South Wales, Senior Sergeant of Police and William Thomas Thornton of Wallsend in the said State, taken on oath this 25th day of September in the year of Our Lord one thousand nine hundred and five at the Wallsend Police Office, in the said State, before the undersigned, Stipendiary Magistrate and one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of Isaac Sanders who stands charged this day before me for that he the said Isaac Sanders about the month of July in the year of Our Lord one thousand nine hundred and five at Wallsend in the said State, did assault one William Thomas Thornton and then wickedly and against the order of nature know the said William Thomas Thornton and did commit with him the abominable crime of buggery.
1
(Mr Woods for accused)
This deponent John Coughlin on his oath, saith as follows:–
I am a Senior Sergeant of Police stationed at Wallsend.
About 7 pm on the 22nd instant in company with Constables Dwan and Robertson. I saw accused near his father’s residence Pittown Wallsend.
Constable Robertson said to accused “I received information that you have committed the offence of buggery and I want you to come to Wallsend Police Station.” At the Wallsend Police Station I said to accused “In Constable Dwan’s presence “Do you know the boy William Thornton?” He replied “Yes!” I said “He has made a statement that you asked him to go no Nichol Sanders for a gramophone about nine weeks ago.” (Evidence not admissible as conversation
2
was denied by accused and the boy was not present).
Subsequently I charged accused as he stands charged. He said “I know nothing about it.”
By Mr Woods: So far as I know accused bears a good character. I know some time ago he met with a serious accident.
[Signed] J Coughlin.
Taken and sworn at Wallsend and Plattsburg, this 25th day of September 1905, before me.
[Signed] George F Scott, SM.
3
This deponent William Thomas Thornton (aged 14 years) on his oath, saith as follows:–
I am a school boy and reside at Wallsend with my parents.
I know accused Isaac Sanders. He lives close to our house.
About 8 weeks ago I met accused near our place about at 6.30 pm. He said “Will you come with me for a gramophone?” I went with him to the railway line and near the gate he said “Sit down on the grass. Did you ever have a man’s cock in your bum?” I said “No.” He then said “Lie down and undo your braces.” I did so. I was lying on my belly. He undid his fly took out his cock and started rubbing it. He then put it on my bum and started bumping. I felt his cock on the outside of my bum not quite
4
inside. I felt a moisture. I saw white stuff. After he got off he put his cock back in his pants. He did not hurt me much. I never cried.
He afterwards said “If you tell anybody I’ll give you a hiding.” My trousers were down at the time.
Mr Woods: I don’t remember the date. I don’t exactly know what time of the day. I don’t remember the day of the week.
I went about a hundred yards before the of occurrence took place. A lot of people do not pass that place. There are a few houses about. After he began rubbing his cock I lay on my belly. After A few minutes after feeling the moisture I got up. I then saw him put his cock back. It didn’t hurt me. I saw the white stuff when I got home. I did not tell anyone except a boy named Thompson.
By Sergeant Coughlin: I can’t say whether it was
5
light or dark. It was about 6.30 pm.
[Signed] William Thornton.
Taken and sworn at Wallsend and Plattsburg, this 25th day of September 1905, before me.
[Signed] George F Scott, SM.
6
(F. 2 – “Justices Act, 1902.”)
Statement of the Accused.
State of New South Wales, Wallsend
TO WIT. }
Isaac Sanders (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 25th day of September in the year of Our Lord one thousand nine hundred and five for that he the said defendant, about the month of July 1905 at Wallsend in the said State, did assault one William Thomas Thornton and then wickedly and against the order of nature know the said William Thomas Thornton and did commit with him the abominable crime of buggery and the said charge being read to the said defendant, and the witnesses for the prosecution, John Coughlin, William Thomas Thornton 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:– “I am not guilty. I reserve my defence.”
Taken before me and read over to the said defendant at Wallsend in the said State, the day and year first above mentioned.
[Signed] George F Scott, SM.
7
G. 190.
New South Wales, Wallsend
TO WIT. }
16
REX.
versus
Isaac Sanders
Offence,— Sodomy
The accused stands committed to take his trial at the next Court of Assize (Circuit Court) to be holden at Newcastle, in the State of New South Wales, on Monday the twenty fifth day of September 1905. Bail allowed the accused in £80 and two sureties in £40 each, or one in £
[Signed] George F Scott, SM
JP.
Dated at the Police
Office, Newcastle Wallsend
in the said State,
this twenty fifth
day of September
AD 1905
4g 416 - 88
8
“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Wallsend
TO WIT. }
Be it remembered, that on the 25th day of September in the year of Our Lord one thousand nine hundred and five Mark Thornton of Wallsend miner personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged himself 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, respectively, to the use of our said Lord the King, his Heirs and Successors, if William Thomas Thornton shall fail in the condition indorsed.
[Signed] Mark (his X mark) Thornton, witness J Dwan, Constable.
Taken and acknowledged, the day and year first above mentioned, at Wallsend in the said State, before me.
[Signed] WA Flynn, JP.
The condition of the within written Recognizance is such, that whereas one Isaac Sanders was this day charged before George F Scott, Esquire, Stipendiary Magistrate and one of His Majesty’s Justices of the Peace for the said State, with sodomy.
If, therefore, they the before mentioned persons shall appear at the next Circuit Court holden at Newcastle in and for the State of New South Wales, on Monday the 25th day of September 1905, 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 Isaac Sanders for the offence aforesaid, to the jurors who shall pass upon the trial of the said Isaac Sanders.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] WA Flynn, JP.
9
“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Wallsend
TO WIT. }
Be it remembered, that on the 23rd day of September in the year of Our Lord one thousand nine hundred and five John Coughlin a Senior Sergeant of the Police Force, stationed at Wallsend personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged himself to owe Our Sovereign Lord the King the sum of
FORTY POUNDS
of good and lawful money of Great Britain, to be made and levied of their goods and chattels, lands and tenements, respectively, to the use of our said Lord the King, his Heirs and Successors, if he the said before mentioned person shall fail in the condition indorsed.
[Signed] J Coughlin.
Taken and acknowledged, the day and year first above mentioned, at Wallsend in the said State, before me.
[Signed] WA Flynn, JP.
The condition of the within written Recognizance is such, that whereas one Isaac Sanders was this day charged before GF Scott, Esquire Stipendiary Magistrate and one of His Majesty’s Justices of the Peace for the said State, with sodomy.
If, therefore, they the before mentioned person shall appear at the Court holden at Newcastle in and for the State of New South Wales, on Monday the 23rd day of September 1905, 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 Isaac Sanders for the offence aforesaid, to the jurors who shall pass upon the trial of the said Isaac Sanders.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] WA Flynn, JP.
10
Recognizance of Bail on Committal for Trial.
[The above for this case is identical with the Bail Recognizance found in case No. 1 and has therefore not been repeated here]
~ ~ ~ ~ ~
[On the depositions’ cover sheet is the following]
Circuit Court.
Newcastle
25 September 1905
AG’s No.
Depositions.
CS’s No. 16
Rex
v.
Isaac Sanders (on Bail)
Sodomy
Committed at: Wallsend
on: 25 September 1905
~ ~ ~ ~ ~
Court. Newcastle Circuit
Date. 29th September ‘05
Cor. Cohen Judge.
Plea. Guilty of attempted sodomy
Verdict. 5 years penal servitude (with cases 12, 13, 14, 15
Judgment.
[Signed] WH Mocatta, Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.
~ ~ ~ ~ ~
1. Sodomy
2. Indecent assault
[Initialled] WHM [Mocatta, Crown Prosecutor]
26.9.05
~ ~ ~ ~ ~
Justice HE Cohen’s notebook 10
[76] 11
05/16,398
Department of the Attorney General and of Justice
Sydney 1st December 1905
Sir [The Hon Mr Justice Cohen]
Referring to the case of prisoner Isaac Sanders convicted before you at the Newcastle Circuit Court on the 28th September 1905, on five charges of attempted sodomy, and to the direction given by you that the prisoner should be detained in Maitland Gaol for one month in order to ascertain his mental condition, I have the honor to state for your information that reports have been furnished by the Visiting Surgeons of the Gaols at Maitland and Darlinghurst which shew that the prisoner has not given any indication of insanity.
[Signed] C[harles] G[regory] Wade
Attorney General and Minister of Justice
~ ~ ~ ~ ~
No. 1907-15,749
Department of the Attorney General and of Justice
Sydney, 29th October 1907.
Sir [The Hon Mr Justice Cohen, through AM Cohen, Esq, Clerk Associate]
With reference to the report of The Hon Mr Justice Cohen upon the petitions in favor of the prisoner named in the margin, 12 praying for mitigation of the sentence passed upon him, I am directed by the Premier, Attorney General and Minister of Justice to state, for the information of His Honor, that His Excellency the Lieutenant Governor has not seen fit to authorize the remission of any portion of the prisoner’s sentence.
I have the honor to be,
Sir
Your obedient Servant
[Signed] JL Williams, Under Secretary.
76
[Newcastle] September 28/05
R v Isaac Sanders
13 (1) Sodomy Buggery with Benjamin Hughes
14 (2) Indecent Assault
Plea not Guilty.
Tighe for accused.
Benjamin Hughes. I’ve been to school, Sunday School – can read & write. I am 14 years old. I live at Pitt town 15 with my parents. I am employed at Killingworth picking (brass ?) out of coal. I know accused – since he we started living in Pitt town – nearly 4 years ago. About 6 months ago I saw accused at Pitt town corner – in Pitt town & between 10 & 11 am he asked me would I come up the bush with him. I went. He said if I went with him he would give me cigarettes. We went to up to bush, by the Seapit. I ran away. I was walking alongside him – nothing happened – I was frightened. He caught me. He ran after me. He caught hold of me by the back. When he caught me he laid me down on my belly – we were still in the bush. He When he had me down he undid my braces, pulled my pants down to about my knees – he lifted my shirt up – behind part – put it up on my shoulder. I was then lying on my belly. My face was
77
turned sideways. He was kneeling down with one knee on either side of my legs. I saw his cock – he was undoing his fly – when on his knees. I saw that when I had my head turned. After that he shoved his cock into my behind. I felt it in me. When he was in me he felt was like jerking. The poking went on for about one minute. He got off & said, “That’s what I put into a girl.” When he got off I didn’t see anything. I saw his cock, & like white stuff was coming out – he was then still kneeling. He said if I told anyone he would shoot me. I was up when he said that. When he got up, he fastened up his pants. I got up. I did up my pants. I then went home. He didn’t go with me. I’ve
Cross-examined. When accused put me on ground he said nothing. I couldn’t struggle, he had hold of me with his hands on my shoulders – not quite all the time – till he got on top of me. From the time he got on top till he attempted to put (–) 16 into me would be about a minute. He took both hands off me. I tried to struggle & couldn’t. It wouldn’t be longer than a minute. I had 6 buttons for braces, he undid all buttons – & pulled my trousers down. The shirt came over my head. I had no vest
78
on. I had no a coat on. To hold me on the ground he held me with his legs & must have held me tightly. This would be about 50 yards from Seapit. It is fairly open there. The shift was working & men work on surface. The occurrence didn’t make a deep impression on me – I didn’t think much of it. I can’t fix the day definitely. I made no complaint to my parents or to his. I went to Police Court & signed papers: Sergeant Coghlan 17 told me to come & mentioned the names of accused to me. I didn’t say at Police Court he said he would give me cigarettes. My chest was flat on the ground. I don’t know whether he put his – 18 into me or not. I felt no serious pain. If I had cried out the men wouldn’t have heard me. About The traffic bush was about 20 yards off the track which is a bush the usual track & the railway line too. His knees were at my hips. I was afraid he would shoot me. I had no row with him before or since. He was working in the pit.
Re-examined. The shirt was on back of my head but in the front of my eyes. Did you tell any one else?
79
Why did you not tell your parents? Objected to. I allow the question. I was frightened of him. Did you tell any one else – not pressed.
John Coghlan. Senior Sergeant of Police Wallsend. I know accused & Hughes. I arrested accused 2 or 3 days ago & charged him.
Cross-examined. He said: I know nothing about it.
Crown case closes.
Defence.
Isaac Sanders. Miner – Wallsend Colliery 8 years. I heard Hughes’ evidence. I know him well, he lives not 100 yards from our place. There is no truth in what he says as to what occurred between me & him. I never attempted to do anything like it to him & never made a suggestion of the kind.
Cross-examined. I say it is all lies. [Q] Did you ever commit an offence or attempt an offence of this kind on Laurence Thompson about the same time & place? Objected to. I allow the question. [A] No. About the same time I didn’t commit or attempt to commit a like offence with Horace Stanley Thompson – No. [Q] About the same time & place did you commit or attempt to commit same offence
80
with William Thomas Thornton? [A] No. [Q] Did The same question put with regard to Henry Wanless. [A] No. [Q] The Laurence Thompson who lives at Wallsend about 12 or 14 – Horace Stanley Thompson is another b youth over 14 I think. The two Thompsons are brought into court & the accused recognises them. [A] We all live near each other. I was not in the vicinity of the Seapit about 6 weeks ago.
To me. I was wor I was working at Wallsend Colliery about 1½ miles from it. I was not about 6 weeks ago within about 50 yards of the Seapit, at about 10 or 11 o’clock in the morning. I wasn’t within a ¼ mile of the Seapit then. I don’t know the particular spot where Hughes said this occurrence took place. The Wallsend workshops are about ½ mile from Seapit – more than ¼ mile. I live 30 or 40 yards from the workshops. I heard Horace & Laurence Thompson, Thornton & Wanless give evidence at Police Court & also thi Hughes. [Q] Did you hear each of the boys swear so & so.
81
Objected to.
To Tighe. I live about ½ mile from Seapit. The nearest part of township Pitt town is about a mile from Seapit as near as I can guess.
Defence closes.
Case in reply.
Laurence Thompson. Did the accused attempt to commit or commit the crime of buggery put or attempt to put his person into your behind about 8 weeks ago near Wallsend Pit yard near Colliery works? Objected to. Mocatta, Phipson 3rd edition p. 138. Tighe cites R v Cole 3 Russ 6th edition in 950. The evidence if admissible but must be evidence in chief. I receive the evidence – (see Makin’s case). Answer, yes.
cross-examined
Horace Stanley Thompson. (Evidence objected to) – (?) Did he about 8 weeks ago put or attempt to put his person in your behind at Seapit workshops Wallsend. – Yes.
To me. I am 14 years of age. I think Seapit is about ¼ mile from workshops Wallsend.
Cross-examined. Laurence Thompson is my brother. I know William Thomas Thornton & Henry Wanless. My brother married accused’s sister – since then a lot of
82
ill feeling between the 2 families. I didn’t know the charge was being heard against the accused or who laid it. My brother didn’t lay the charge nor did my father.
William Thomas Thornton. I am 14 years old – I know accused. (evidence objected to) About Did accused about 8 weeks ago put his person into your behind or attempt to do so near the at at Madison’s pit near worshops Wallsend about 8 weeks ago. – Yes.
Henry Wanless. Live at Wa Pitt town – I know accused. Objected to. Did he about 6 weeks ago put his person into your behind or attempt to do so near Madison’s Pit at Wallsend? – Yes.
To me. I am 13 years old.
Case in reply closes.
Tighe to jury – 12.35 pm to
Mocatta –
I sum up to 1.20 pm
Jury retire at 1.20
[Judge] Told jury that the evidence of the boys other than Hughes was not corroborative evidence of an accomplice. If they thought that the boy Hughes consented as distinct from having been submitted then he was an accomplice & there is no corroborative evidence in the case. But if That under the 1st count consent of Hughes was (unmentioned ?) but if he consented then the 2nd count was not maintained.
Sentence 5 years penal servitude to be concurrent with like sentence in
Continued at 82 92 91.
83
September 28/05
R v Sanders (Isaac)
(1) Buggery on Laurence Thompson.
(2) Indecent Assault.
Plea ‘Not Guilty’
Tighe for accused.
Laurence Thompson. Live at Pitt town at Wallsend with parents. I am 12 years old. I know accused. He lives near me. I met him about 2 months ago by our place. He told me to come up to Nichol Sanders for a phonograph. Nichol is a relation to accused, lives about 100 yards from where we live. I went with him. We got to Wallsend Colliery line, he stopped up in pit yard – near colliery works. He asked me had I made stuff come out of my cock before. I said no. He did said: did anybody get at your behind before. I said no. He said: would you like to have a go, would you like to let me have a go. I said no. I was standing up during this conversation. He was then about 1 foot off me. He undid my braces, laid me down on my belly & put his cock in my behind. When he undid braces, my trousers fell down. I didn’t see him do anything to his clothes. I felt my behind wet. I felt his cock in a
84
little way. He was struggling – that is – wriggling moving himself about. I was then lying straight down on my belly. This moving about lasted about 5 minutes. When he stopped moving about he got off me & then kneeled down – where my feet were. I got up & he was kneeling down. He was fastening his fly, after he used a handkerchief. He wiped his cock with his handkerchief before he buttoned up his fly. After he buttoned his fly he stood up & told me not to tell anybody. I said I would not. It hurt me a little bit. This was after tea – dark. Coghlan afterwards saw me & I told him something a few weeks afterwards.
Cross-examined. I told Coghlan last week. I don’t know the day of the week or month the offence was committed. I did not on any other occasion say I didn’t recollect whether it was life light or dark. I have recollected clearly all along it was night. It would be between 6 & 7 o’clock. I didn’t say on any other occasion it was between 5 & 6. I am positive. The colliery yards might be 100 yards from our house – the length of this courtroom
85
I would take to be about 20 yards. About 150 yards from where accused lives to the Colliery yards. There are a lot of houses about the yards. There were paddocks where we were – one house touches the yard & another crosses the street. When I was on ground the accused held me with his knees – pressing me just above me. I striv struggled for a bit till I saw I couldn’t get away. Struggling for about 2 minutes. After that I layed quiet & didn’t sing out. I know Benjamin Hughes. I was in Court this morning. He was on top of me kneeling down holding me with his knees till he undid his fly & held me with his knees after he did undid his fly – altogether about 2 minutes holding me with knees. It took about 5 seconds to undo braces. He undid my trousers, then his fly. I was standing up when he undid my trousers. I don’t think when I was down he did anything to my clothes. I was wearing that day coat, vest & trousers – vest buttoned up. When I got up I didn’t feel any pain. Up to time of speaking to Sergeant I didn’t speak to his or my fathe parents about the occurrence. My brother married his sister. I don’t know there is trouble since then between the 2 families.
86
I went to Police Office. I didn’t go till the Sergeant came – last Friday night. After I got up I went home. I have seen accused often since then – spoke to him – in a friendly way. I knew this thing was wrong, but didn’t think much of it.
Re-examined. I didn’t tell parents because frightened of a hiding from Sanders. There’s no truth in suggestion that I’ve made this up in consequence of a row between my people & accused’s. I said at Police Court it occurred after dark. Where this occurred was where the paddocks were.
To Tighe. This It occurred about 30 yards from nearest house. 30 yards would be about to the Court house gates.
John Coghlan. Senior Sergeant at Wallsend. I know Laurence Thompson. He told me something on the evening of September 22/05. I afterwards arrested accused & made a charge.
Cross-examined. He said he knew nothing about it The I laid the charge – acted on information. Somebody saw me – Constable Robertson before I arrested accused – he is the only person. Pitt Town is in Wallsend.
Crown case closes.
87
Defence
Isaac Sanders. Accused, miner. I don’t remember any such occasion as the boy Thompson has spoken of. I never committed such an offence & never attempted to.
Cross-examined. What he has said is absolute fabrication – I never did it. I didn’t wipe my person with handkerchief. I was never on top of him. Know nothing about it. I can’t assign any reason for telling b untruths. He is a decent boy & as far as I know his people are decent. They never did me any good. Trouble ever since they came into our family – I don’t sugg 19. I have had no trouble with Hughes’ relations or Wanless’s. He is a decent boy as far as I know. My relations have had no trouble with little Thornton’s relations as far as I know. I know the boys very well – live close to them. I’ve lived in Pitt Town 18 years. Have known Thompson all his life. The lad Thompson has done me no harm that I know of.
John Harris – Duly Qualified Medical Practitioner. I examined accused a few days ago – he is fully developed, rather
88
more than the average. If he had intercourse with a boy 12 years of age it should cause considerable pain & cause the boy to cry out. I would expect him to cry out sharply, unless perhaps some lubricant used. Boy should feel sore when he got up. In all probability it would cause rupture of the mucous membrane. I’ve seen cases of tearing the skin outside the sphincter muscle – external muscle, just at junction of skin & (large ?) membrane. It may be a little reddened & chafed for partial penetration – I would expect soreness in a less degree. If there were tearing the soreness would last 4 or 5 days. If no tearing, 48 hours.
Cross-examined. A chafing of penis against skin might produce a little redness but not tearing. Attrition of it would not produce emission without (injuring ?) anus. The top of penis couldn’t be penetrated without considerable force. If The sphincter must be entirely dilated to I allow head of penis to get in. I don’t think top of penis could be put in without pain. There can be
89
no partial penetration under the circumstances. A little attrition outside anus might lead the person to suppose there was penetration. It might be deceptive to the passive agent. I only examined accused as to his private parts. I formed the (?) impression that he was below the usual standard of mental capacity.
Defence closes.
Tighe to jury 3.30 pm to 3.45 pm
Mocatta “ 3.45 “ to 4.5 pm
I sum up, direct the jury that the lad Thompson being mer only 12 years old could was not an accomplice whether he consented or not – see R v Mason Addison (?) (?) p.3
I sum up 4.5 to 4.35 pm
Jury retire at 4.35 pm
Return at 5.10 pm & ask me to read a portion of the evidence.
Retire & again return at 5.15 pm
Verdict Guilty of an attempt under first count & not guilty under 2nd count. (over)
5 years penal servitude concurrent with the like sentence in 4 other cases.
90
Sentence 5 years penal servitude to be concurrent with sentences in Hughes case at 91 & the 3 cases at 92.
91
R v Sanders (Hughes case) continued from 82.
Jury return at 5.30 pm
Verdict Guilty of attempting to commit the offence charged in the 1st count.
Not Guilty of the offence so charged.
“ “ under 2nd count.
Coghlan, Sergeant. Nothing is known to the police about accused apart from these cases. I heard that accused was riding at Boolaroo or some other local racecourse & that his horse ran him against a tree, & that he was seriously injured in the head, I believe. It was reputed he was likely to die & I believe he was unconscious for 13 days. It is about 3 or 4 years since he met with the accident. He has generally been regarded as a quiet man. I have been in the district about 11 years. I heard he was under a doctor for a long period.
Tighe asks me to state a case upon the admission of the evidence in reply of the boys Thompson & Thornton & Wanless.
September 29/05
Tighe
Sentence – 5 years penal servitude to be concurrent with the sentence in Laurence Thompson’s case – ante 90 and 3 other cases post 92.
92
September 29/05
R v Isaac Sanders
(1) Buggery on Horace Stanley Thompson
(2) Indecent Assault.
Continued from 82 ante.
Tighe for accused.
Plea Guilty of attempt to commit the offence charged in the 1st count.
Not Guilty as to the full charge & Indecent Assault.
R v Isaac Sanders
Same charges as for in respect of Henry Wanless.
Plea Guilty of attempt to commit the offence charged in the 1st count.
R v Isaac Sanders
Same charges in respect of William Thomas Thornton.
Plea Guilty of attempt to commit the offence charged in the 1st count.
Sentence in each of the above cases 5 years penal servitude & all to be concurrent inter se. and with the sentences in the cases ante 90/91 and 92.
At the request of Tighe I give directions for the prisoner to remain in Maitland Gaol for the purpose of medical examination by a Maitland doctor.
~ ~ ~ ~ ~
Newcastle Morning Herald and Miners’ Advocate, Tue 26 Sep 1905 21
NEWCASTLE CIRCUIT COURT.
The first Circuit Court held in Newcastle was opened in the Courthouse yesterday. Mr Justice Cohen, accompanied by Mr CE Maybury, the Sheriff, and Mr HH Lang, Deputy-Sheriff, took his seat upon the Bench, attended by his associate, Mr D De Lissa. Seated at the bar table were Messrs Mocatta, Crown Prosecutor, Mr Besnard, of the Crown Solicitor’s office, a number of visiting barristers, and the representatives of the legal profession practising in the district. The municipal bodies were represented Mr MJ Moroney, Mayor of Newcastle, and a number of alderman, with Mr E Scott Holland, Town Clerk, and Mr Julian Windeyer, Mayor of Waratah. The gallery, which was reserved for ladies, was well filled. Inspector Day was in charge of the police.
The Mayor of Newcastle, Alderman MJ Moroney, said that on behalf of the citizens he wished to congratulate his Honor upon opening the first Circuit Court to be held in Newcastle, and to convey through him to the Ministers the appreciation felt by the citizens at the concession granted to them.
Mr Justice Cohen briefly replied, and thanked his Worship for the welcome extended to him, stating that it was with considerable gratification he noted the action of the Government in this matter. Newcastle had agitated for a Circuit Court for many years, but probably there were reasons against granting the concession that were paramount. He thought the course adopted by the Government in making Newcastle a Circuit Court town was one that would meet the convenience of the public and do the city justice it had always claimed. Owing to his early associations with the northern districts, his Honor said he felt peculiar pleasure in the task allotted to him by the Government, and he hoped that the future of the Court would be a bright one. He did not hope for one minute that there would always be plenty for the Court to do, and he hoped this would not be the result. He mentioned the fact that recently he had read the report of the Comptroller-General of Prisons, which showed that in spite of the increase in population, crime was on the decrease, and although it was futile to hope that crime would disappear, yet they could hope that the period was not very far removed when crime would be reduced to its absolute minimum.
~ ~ ~ ~ ~
Newcastle Morning Herald and Miners’ Advocate, Fri 29 Sep 1905 22
NEWCASTLE CIRCUIT COURT.
The sittings of the Newcastle Circuit Court were continued yesterday, before Mr Justice Cohen and juries. Mr WH Mocatta prosecuted for the Crown.
…
SERIOUS OFFENCE.
Isaac Sanders, aged 22, a miner, was charged with committing a serious offence, at Pittown, Wallsend, during July and August. Accused pleaded not guilty, and was defended by Mr W Tighe, instructed by Mr JA Wood. There were two charges, which were heard separately, and occupied the attention of the court during the whole day. The juries in each case brought in a verdict of attempt, but acquitted accused of the more serious charges. Evidence was called as to character, and it was stated that accused, who had previously born a very good character, met with a serious accident some three or four weeks ago, when while riding a horse, he was thrown against a tree, and rendered unconscious for fourteen days. He had been under a doctor for a long time afterwards. His Honor remanded accused for sentence until the following day.
NOTICE TO JURORS.
His Honor notified, from the bench, that juror’s engaged on the criminal list would not be required to attend further.
The gaols were then delivered, and the court adjourned.
~ ~ ~ ~ ~
Newcastle Morning Herald and Miners’ Advocate, Sat 30 Sep 1905 23
NEWCASTLE CIRCUIT COURT.
The sittings of the Newcastle Circuit Court were brought to a conclusion before Mr Justice Cohen yesterday morning.
A SERIOUS OFFENCE.
Isaac Sanders, who was found guilty of two attempts at serious offences at Wallsend, was brought up for sentence. Prisoner pleaded guilty to attempt in three other charges, and was sentenced to five years’ penal servitude on each charge, the sentences to be concurrent. Upon the application of Mr W Tighe, his Honor granted a month for the production of medical evidence as to accused’s mental condition, he meantime to be lodged in Maitland Gaol.
The Court adjourned sine die.
~ ~ ~ ~ ~
Isaac Sanders, Gaol photo sheet 24
![SRNSW: NRS2258, [3/5993], Grafton Gaol photographic description book, Nov 1894-Jun 1910, No. 179, p. 180, R5125.](../../images/trials/1905-Sanders-5993-gaol-photo-179.jpg "SRNSW: NRS2258, [3/5993], Grafton Gaol photographic description book, Nov 1894-Jun 1910, No. 179, p. 180, R5125.") |
Gaol Photo Sheet - Transcribed Details
No. 179
5/06 Grafton
Date when Portrait was taken: 28-6-1909
Name: Isaac Sanders
|
Native place: Newcastle Year of birth: 1883 Arrived Ship: Trade or occupation Religion: Methodist Education, degree of: R & Write Height: 5' 11" Weight On committal: 162 Colour of hair: Brown Colour of eyes: Blue |
Marks or special features: Vaccination marks left arm. Boil mark right-arm. Right wrist broken. Several teeth missing in-front. Scar on left knee |
|
(No. of previous Portrait .. 1412 Maitland) CONVICTIONS |
|||||
| Where and When | Offence. | Sentence | |||
|
Newcastle CC |
29 |
9 |
1905 |
Attempt to commit sodomy |
5 years PS on each charge. |
1 The Sydney Morning Herald, Tue 26 Sep 1905, p. 8.
2 SRNSW: NRS880, [9/7092], Supreme Court, Papers and depositions, Newcastle, 1905, No. 110. Emphasis added.
3 Mn: Knelt down
4 Mn: Ran away
5 SRNSW: NRS880, [9/7092], Supreme Court, Papers and depositions, Newcastle, 1905, No. 13. Emphasis added.
6 SRNSW: NRS880, [9/7092], Supreme Court, Papers and depositions, Newcastle, 1905, No. 14. Emphasis added.
7 SRNSW: NRS880, [9/7092], Supreme Court, Papers and depositions, Newcastle, 1905, No. 15. Emphasis added.
8 Mn: Tried to get away and told him it was filthy
9 SRNSW: NRS880, [9/7092], Supreme Court, Papers and depositions, Newcastle, 1905, No. 16. Emphasis added.
10 SRNSW: NRS5788, [2/2731], Judiciary, HE Cohen, J. Notebooks Circuit Court, 1895-1910, pp. 76-92. Emphasis added.
11 The above correspondence was found in Justice Cohen’s notebook at p. 76
12 Mn: Isaac Saunders [sic] Attempt to commit sodomy (5 charges), Newcastle Circuit Court, 28th September 1905.
13 Mn: Sec. 79, penal servitude for life or my discretion, not less than 5 years
14 Mn: 81, penal servitude for 5 years
15 Listed, incorrectly, in transcript of depositions as Pittown. Correct form is Pitt Town, which appears towards end of this document, though mostly it is Pitt town. Early documents often referred to it as Pitt-town.
16 Small dash inserted, probably to stand for cock.
17 Coughlin in transcript of depositions.
18 Another blank for cock.
19 Sentence ends abruptly.
20 Mn: Tighe asks me to reserve the point as to my direction that the boy Thompson being only 12 years old could not be an accomplice und for under 1st count. September 29/05 Tighe withdraws the point request for the reservation of the point
21 Newcastle Morning Herald and Miners’ Advocate, Tue 26 Sep 1905, p. 5.
22 Newcastle Morning Herald and Miners’ Advocate, Fri 29 Sep 1905, p. 3.
23 Newcastle Morning Herald and Miners’ Advocate, Sat 30 Sep 1905, p. 10.
24 SRNSW: NRS2258, [3/5993], Grafton Gaol photographic description book, Nov 1894-Jun 1910, No. 179, p. 180, R5125.