George Francis Byrne, 1915–I
Below also see: George Francis Byrne, 1915–II,
George Francis Byrne, 1915–III,
George Francis Byrne, 1915–IV,
George Francis Byrne, 1915–V,
George Francis Byrne, 1915–VI
Depositions for George Francis Byrne 30 Aug 1915 Sydney trial 1
(a) Town. |
Letter from Bench of Magistrates at (a) the Children’s Court, Sydney |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Rex v. (b) George Francis Byrne |
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(c) Offence. |
(c) Buggery (with James Charles Hearn). |
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(d) Town. |
Petty Sessions Office, (d) Children’s Court Office, Sydney |
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19th July 1915. |
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Sir, |
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(e) Name of accused |
case of (e) George Francis Byrne |
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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) Central Criminal Court |
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to be held at (h) Sydney |
on Monday |
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(h) Town where Court |
the 30th day of August 1915 |
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The accused is (i) confined in the State Penitentiary Long Bay. Bail being refused |
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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) Arthur Aubrey * Palmer, First Government Medical Officer, Sydney; Eustace William * Ferguson, assistant microbiologist, Sydney; John Jane, of Canterbury, Sergeant of Police; James Charles Hearn, of River Road, Undercliffe, schoolboy; Maud Agnes Hear of River Road, Undercliffe, married; and Ernest George Burgess of Canterbury, Police Constable; * Dr Palmer and Dr Ferguson were not bound over, not being present at time of committal.
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(l) Short description to enable identification. |
The Exhibits enclosed are (l) Exh “1” warrant to apprehend. |
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I have the honor to be, |
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[Signed] EA Prior |
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Clerk of Petty Sessions Acting Clerk of the Court |
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The Under Secretary, |
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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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No. 9 Police Station
Canterbury 27th September 1915.
Inspector Baxter, No. 9 Division
Re Rex versus George Francis Byrne indecent assault on a male person John Clark [sic]. Case not to be proceeded with.
I beg to report that all witnesses for and against, and all parties concerned in above case, have been informed that the case will not be proceeded with any further.
[Signed] Wm P Mannell, 3rd Class Sergeant.
~ ~ ~ ~ ~
Department of Attorney General and of Justice,
Sydney 20th September, 1915.
The Inspector-General of Police.
No. A.G.B. 1915/Deposition
Sir,
I have the honour to inform you that the Attorney General has declined to proceed further against the accused in the case named in the margin, 2 which was not proceeded with at the sitting of the Central Criminal Court, which commenced on the 30th August ultimo, and to request that you will be good enough to cause the witnesses and all parties concerned to be informed of such decision.
The accused has been sentenced to six (6) months imprisonment with hard labour on each of five other charges (sentences to be concurrent).
Sergeant Lane, of Canterbury, had charge of the case.
I have the honour to be, Sir, your obedient Servant.
[Signed] JL Williams, Under-Secretary.
~ ~ ~ ~ ~
Office of the Director General of Public Health,
Sydney, 12th August, 1915.
The Clerk of the Peace.
Sir,
Rex versus GF Byrnes
Central Criminal Court.
I have the honour to acknowledge receipt of your letter of the 11th instant informing me that my attendance in the case mentioned above has been dispensed with, and to thank you for the courtesy extended to me in the matter.
I have the honour to be, Sir, your obedient Servant.
[Signed] Eustace W Ferguson, Assistant Microbiologist.
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Office of the Director General of Public Health,
Sydney, 11th August, 1915.
The Clerk of the Peace.
Sir,
3 I wish to inform you that I have been appointed to No. 10 Hospital which is leaving for Europe by the RMS Morea on the 21st instant.
With reference to the subpoena held by me to attend at the Supreme Court at Darlinghurst, Sydney on the 30th instant to give evidence in the case of Rex versus George Francis Byrne, I have the honour to inform you that my evidence is on the microscopical examination of the clothing of James Charles Hearn which were examined by me in February, and I have given evidence in this case in the Children’s Court on July 19th.
In the circumstances I should be glad to know if arrangements Can be made either for taking my evidence previous to the 21st instant, or for dispensing with me, so that I may be able to leave with the hospital on that date.
I have the honour to be, Sir, your obedient Servant,
[Signed] Eustace W Ferguson, Assistant Microbiologist.
~ ~ ~ ~ ~
[Subpoena] 4
GEORGE THE FIFTH, by the Grace of
God, of the United Kingdom of Great
Britain and Ireland, and of the British
Dominions beyond the Seas, King, Defender
of the Faith, Emperor of India.
New South Wales,
TO WIT. }
To: Arthur Aubrey Palmer, Medical Practitioner, Sydney; Eustace W Ferguson, Medical Practitioner, Sydney; Frank George Simmonds, Jesmond Avenue, Dulwich Hill; Eric Jarman, Riverview Road, Undercliffe; Alexander Russell, Watkin Street, Canterbury; Alexander Cameron, of Canterbury.
Greetings:–
We command you and every of you, firmly enjoining you, that laying aside all pretences and excuses whatsoever, you and every of you be and appear in your proper persons, before Our Justices assigned to hold Pleas before us, on Monday the thirtieth day of August instant next, by Nine of the Clock in the forenoon of the same day, at the Supreme Court in Our State of New South Wales, in the Court House situate in Darlinghurst Sydney
there to testify the truth, and give evidence, on the part of the Crown, before Our said Justices, touching a certain information to be preferred against
George Francis Byrne
in a case of Sodomy
and that you so appear, from day to day, until the case is tried; and this you, or any, or either of you, are not to omit, under the penalty of One Hundred Pounds, to be levied upon your and every of your Goods and Chattels, Lands and Tenements, if you, or any, or either of you shall fail in the Premises.
WITNESS the Honorable Sir William Portus Cullen, Knight KCMG, Chief Justice of Our said Court, at Sydney, this sixth day of August in the sixth year of Our Reign, and in the year of Our Lord one thousand nine hundred and fifteen.
(Signed)
(Signed)
For the Prothonotary
* M[ichael] J[oseph] Dunphy
* W[illiam] H[enry] Hazelton
Clerk of the Supreme Court.
2
Depositions of Witnesses.
New South Wales, Sydney
TO WIT. }
The examination of Arthur Aubrey Palmer, of Sydney in the State of New South Wales, First Government Medical Officer Eustace William Ferguson Assistant Microbiologist, Department of Public Health, John Lane of Canterbury, Sergeant of Police, James Charles Hearn of Riverview Road, Undercliffe schoolboy, Maude Agnes Hearn of Riverview Road, Undercliffe, married woman, and Ernest George Burgess, Police Constable of Canterbury in the said State, taken on oath this 19th day of July, in the year of Our Lord one thousand nine hundred and fifteen at the Children’s Court, Sydney in the said State, before the undersigned, a Special Magistrate for the Metropolitan Police District and one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of George Francis Byrne, who was charged this day before me for that he the said George Francis Byrne, on the 29th day of January in the year of Our Lord one thousand nine hundred and fifteen at Canterbury in the said State, he did assault James Hearn and then wickedly and against the order of nature carnally knew the said James Hearn and did commit with the said James Hearn, the abominable crime of buggery.
3
Mr Bathgate appears for the prosecution.
Accused appears in person.
This deponent on oath states:– My name is Arthur Aubrey Palmer. I am First Government Medical Officer at Sydney. On the 29th January last at about 6.30 pm I examined a boy named James Charles Hearn, who now appears, at his home at Canterbury. There were three radiating tears at the anus running in the long axis of the canal. They had apparently been bleeding but were not then. They were recent. They were too painful to put my finger in or examine.
I made two slides from the canal and handed them to Dr Ferguson, on the 2nd February. That would be consistent with sodomy having been committed on the boy the same day.
[Signed] Arthur A Palmer.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] J[im] McKensey, SM.
4
James Hearn
Exhibit “A” for identification, Police versus Byrnes, Children’s Court, Sydney.
[Signed] C Pickup, Deputy Clerk, date 19.7.15
Exhibit “2”, Police versus Byrnes, Children’s Court, Sydney.
[Signed] C Pickup, Deputy Clerk.
Date 19.7.15
Received on the date above exhibit.
[Signed] John Lane, Sergeant, 19.7.15
5
This Deponent on oath states:–
My name is Eustace William Ferguson. I am a legally qualified Medical Practitioner and Assistant Microbiologist, at the Department of Public Health. On the 3rd February I received from Constable Burgess a pair of trousers and a shirt which I now produce marked “A” (Exhibit “A”:) for identification. I found seminal stains on the trousers. I detected no stains on the shirt. I found the stains in the trousers in the fork. The exhibits were returned to Constable Harper on the 23rd March. 5 On the 2nd February I received two slides from Dr Palmer. Nothing was detected on the slides.
No questions.
[Signed] Eustace W Ferguson.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] J McKensey, SM.
6
John Lane on oath states:–
I am a Sergeant of Police stationed at Canterbury.
At about 2 pm on the 10th instant I placed accused in a row of ten other young men about the same age, height and build in the exercise yard at Canterbury Police Station. I said to him “You are now going to be identified for committing the crime of sodomy on a boy James Charles Hearn on the 29th January 1915. You can take any position you like in this line.” He said “I am satisfied to remain here.” The boy James Charles Hearn was brought in from outside the Police Station. He had not seen the line of men previously. I said to him “Look carefully along that row of men and see if you can identify the man who assaulted you in the bush.” He looked along the row of men, walked up to accused, and placed his hand on him, and said “This is the man.” Accused made no reply.
I subsequently preferred the present charge against him.
At 4 pm on the 29th January last I obtained from Mrs Hearn the trousers and shirt produced marked “A” for identification. I handed them to Constable Burgess at Canterbury Police Station the same day. On the 2nd February the boy pointed a spot to me in the bush off a track, near Wood’s piggery.
No questions.
[Signed] John Lane.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] J McKensey, SM.
7
This Deponent on his oath states:–
My name is James Charles Hearn. I am 11 years old, I am a school boy. I live at Riverview Road, Undercliffe.
I remember a Friday during the new year holidays this year. It was towards the end of January. Mother sent me a message. I went up through the bush past Wood’s piggery. This was at half past ten in the morning. As I was coming home I met accused. I met him near Wood’s piggery.
He said “Did you see a bloke going with a can for blackberries?” I said “No.” As he came near me I noticed that the front of his trousers were undone. He said “Will you come with me and show me where the blackberries are?” I said “No.” He said “Will you come along with me?” He took me about 20 yards off the track into a tea bush. He took down my trousers and laid me on my face. He pulled out his person and lay down on top of me. He jerked up and down for several minutes. He put his person in my back passage. He told me to get up and go home.
I went home. I told my mother about it. It hurt me. I was crying when I got home. The clothes produced Exhibit “A” are mine. I was wearing the shirt and trousers produced that day.
To Bench: He took dragged me by the arm into the bush. He I came to get onto the ground, as he laid me on my face.
To Mr [DG] Bathgate: I showed Sergeant Lane the place where it happened.
No questions.
[Signed] JC Hearn.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] J McKensey, SM.
8
This Deponent on oath states:–
My name is Maude Agnes Hearn. I am married a live with my husband at Riverview Road, Undercliffe. I remember Friday the 29th January last. I sent my son Jimmy on a message to Canterbury. I saw him going through the bush. I did not see him again till he came home crying at about 12 o’clock. He left home at about half past 10. He was very much frightened and crying. He said “A man got him in the bush and took him away and done something dirty to him, he hurt him very much.” He The boy asked me to look at him. The boy said that the man took his trousers down, he did not know what the man did, but it hurt him very much. I examined him. He was all blood and slightly bruised round the back passage. It was all bleeding. I sent for the Police. 6 I handed the clothes produced which he was wearing to Constable Lane and Dr Palmer came and saw the boy that night.
No questions.
[Signed] Maude Hearn.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] J McKensey, SM.
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This Deponent on oath states:–
My name is Ernest George Burgess. I am a Police Constable stationed at Canterbury. On the 29th January last Sergeant Lane handed me the trousers and shirt produced Exhibit “A” and I took them to the Board of Health on the 2nd February. The trousers and shirt were handed by me to Dr Ferguson.
No questions.
[Signed] EG Burgess.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] J McKensey, SM.
10
(F. 2 – “Justices Act, 1902.”)
Statement of the Accused.
State of New South Wales, Sydney
TO WIT. }
George Francis Byrne (hereinafter called the defendant) stands charged before the undersigned, a Special Magistrate for the Metropolitan Police District and one of His Majesty’s Justices of the Peace in and for the said State, this 19th day of July, in the year of Our Lord one thousand nine hundred and fifteen, for that he, the said defendant, on the 29th day of January 1915, at Canterbury in the said State, did assault one James Charles Hearn, and then wickedly and against the order of nature did carnally know the said James Charles Hearn and did commit with the said James Charles Hearn, the abominable crime of buggery, and the said charge being read to the said defendant, and the witnesses for the prosecution, Arthur Aubrey Palmer of Sydney, First Government Medical Officer, Eustace William Ferguson of Sydney, Assistant Microbiologist, John Lane of Canterbury, Sergeant of Police, James Charles Hearn of Riverview Road, Undercliffe, school boy, Maude Agnes Hearn of Riverview Road Undercliffe, married woman and Ernest George Burgess of Canterbury aforesaid, Police Constable, being severally examined in his presence, and (he having stated that he does not desire the depositions of the said witnesses to be again 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 have nothing to say.” [Signed] George Francis Byrne.
Taken before me and read over to the said defendant at the Children’s Court, Sydney, in the said State, the day and year first above mentioned.
[Signed] J McKensey, SM.
11
G. 190.
New South Wales, Sydney
TO WIT. }
REX.
versus
George Francis Byrne
Offence,— Buggery (with James Charles Hear).
The accused stands committed to take his trial at the next Court of Central Criminal Court, to be holden at Sydney, in the State of New South Wales, on the thirtieth day of August 1915, or at such other Court to be holden at such place and time as the Attorney-General may appoint. Bail allowed the accused in £ and two sureties in £ each, or one in £ Bail refused.
[Signed] J McKensey, SM
JP.
Dated at the Police
Office, Children’s Court, Sydney
in the said State,
this nineteenth
day of July,
AD 1915
4g 416 - 88
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“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Sydney
TO WIT. }
Be it remembered, that on the 19th day of July, in the year of Our Lord one thousand nine hundred and fifteen, John Lane a Sergeant of the Police Force, stationed at Canterbury, in the State of New South Wales, Maude Agnes Hearn of Riverview Road, Undercliffe in the said State, married woman and the said Maude Agnes Hearn as surety for James Charles Hearn, her son, aged 11 years, and Ernest George Burgess of Canterbury in the said State, Police Constable, 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.
Taken and acknowledged, the day and year first above mentioned, at Sydney, in the said State, before me.
[Signed] EA Prior, JP.
The condition of the within written Recognizance is such, that whereas one George Francis Byrne was this day charged before J McKensey, Esquire, a Special Magistrate for the Metropolitan Police District constituting a Children’s Court, under the “Neglected Children and Juvenile Offenders Act, 1905 ” and one of His Majesty’s Justices of the Peace for the said State, for that on the 29th January, 1915, at Canterbury in the said State, he did commit buggery with James Charles Hearn.
If, therefore, they the before mentioned persons shall appear at the next Central Criminal Court to be holden at Sydney, in and for the State of New South Wales, on Monday the 30th day of August, 1915, 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 George Francis Byrne for the offence aforesaid, to the jurors who shall pass upon the trial of the said George Francis Byrne.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] EA Prior, JP.
13
Warrant.
No. 103
Information – (General Purposes.)
New South Wales, Burwood
TO WIT. }
Act 40 of 1900, Section 79.
Be it remembered, that on this 4th day of February, in the year of Our Lord one thousand nine hundred and fifteen at Burwood in the State of New South Wales, Henry Baxter of Burwood in the said State, appears before me, the undersigned, one of His Majesty’s Justices duly assigned to keep the Peace of our Lord the King in and for the State of New South Wales, on oath informs me, that on the 29th day of January, in the year of Our Lord one thousand nine hundred and fifteen, a man, whose name is unknown to one James Hearn, but who can be identified by him, and whose description is as follows, namely:– about 24 years of age, 5 feet 7 inches in height, medium built, ruddy complexion, clean shaved, usually dressed in navy blue serge suit, lives at Canterbury in the State aforesaid, assault the said James Hearn (aged 10 years), and then wickedly and against the order of nature, carnally knew the said James Hearn, and did commit with the said James Hearn the abominable crime of buggery, contrary to the Act in such case made and provided; whereupon the said Henry Baxter prays that I, the said Justice, will proceed in the premises according to law, and issue my warrant for the apprehension of the said man described as aforesaid.
[Signed] H Baxter.
Sworn at Burwood in the said State, on the day first above written, before me.
[Signed] EA Mahoney, JP.
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Warrant to Apprehend a Person (whose name is unknown) Charged with an Indictable
Offence.
To the Senior Officer of Police at Burwood in the Metropolitan Police District in the State of New South Wales, and to all other Peace Officers in the said State.
Whereas a man, whose name is unknown to one James Hearn but who can be identified by him and whose description is as follows, namely:– About 24 years of age, 5 feet 7 inches in height, medium build, ruddy complexion, clean shaved usually dressed in navy blue serge suit hath this day been charged upon oath, before the undersigned, one of His Majesty’s Justices of the Peace, in and for the said State, for that he on the 29th day of January, in the year of Our Lord one thousand nine hundred and fifteen at Canterbury in the said State, did assault the said James Hearn (aged 10 years) and then wickedly and against the order of nature, carnally knew the said James Hearn and did commit with the said James Hearn the abominable crime of buggery.
These are therefore to command you, in His Majesty’s name, forthwith to apprehend the said man described as aforesaid, and bring him before the Children’s Court having jurisdiction within the said district and constituted under the “Neglected Children and Juvenile Offender’s Act of 1905” at the corner of Commonwealth and Albion Streets Sydney in the District aforesaid to answer unto the said charge and to be further dealt with according to law.
Given under my hand and seal, this 4th day of February in the year of Our Lord one thousand nine hundred and fifteen at Burwood in the said State.
Exhibit “1”, Police versus Byrne, Children’s Court, Sydney.
[Initialled] CP, Deputy Clerk.
[Signed] EA Mahoney, JP.
15
Police Charge No. 274 of 1915
Court of Petty Sessions Burwood,
13th July 1915.
George Byrnes [sic] (aged 20) who is charged for that on the 29th day of January 1915 he did at Canterbury in the State of New South Wales, assault one James Hearn aged 10 years, and then wickedly and against the order of nature carnally know the said James Hearn and did commit with the said James Hearn, the abominable crime of buggery.
Pleads ----
On the application of the Police the accused is remanded to appear at this Court on the 13th instant. Bail refused.
[Signature illegible], JP.
13:7:15 Mr Parker appears for the accused. On the application of the Police remanded to appear at the Children’s Court, Sydney, on Monday, the 19th instant, at nine thirty AM. Bail refused.
[Signed] J[ohn] Lethbridge King, SM.
Burwood, 13th July, 1915.
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[On the depositions’ cover sheet is the following]
Central Criminal Court,
Sydney.
30 August 1915
AG’s No. 15/160
Depositions.
CS’s No. 7
Rex
v.
George Francis Burne
Crown Solicitor No 365/1923
Sodomy
Committed at: Children’s Court, Sydney
on: 19 July 1915
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Central Crim. Court.
Date. 30 August 1915
Cor. Sly Judge.
Plea. Guilty
Verdict.
Judgment. 6 months hard labour concurrent with sentence passed in 8, 9, 10, 11
[Initialled] A[lfred] E[rnest] W[ithy]
Mr Herbert Harris
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.
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Legal aid refused
30.7.15
Buggery
[Initial illegible]
26:7:1915
Approved
[Initialled] DRH
Attorney General
27.7.15
Depositions returned
27.7.15
George Francis Byrne, 1915–II
Depositions for George Francis Byrne 30 Aug 1915 Sydney trial 7
(a) Town. |
Letter from Bench of Magistrates at (a) the Children’s Court, Sydney |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Rex v. (b) George Francis Byrne |
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(c) Offence. |
(c) Buggery (with Gordon Robert Sutherland) |
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(d) Town. |
Petty Sessions Office, (d) Children’s Court, Sydney |
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19th July 1915. |
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Sir, |
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(e) Name of accused |
case of (e) George Francis Byrne |
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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) Central Criminal Court |
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to be held at (h) Sydney |
on Monday |
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(h) Town where Court |
the 30th day of August 1915 |
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The accused is (i) confined in the State Penitentiary Long Bay. Bail being refused |
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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) John Lane, Sergeant of Police, Canterbury, William Robertson, Detective Sergeant, Sydney, Gordon Robert Sutherland, 16 Jesmond Avenue, Dulwich Hill, schoolboy (father bound over for him),Alfred John Baxter, Police Constable, Canterbury, George Gilbert Ferguson, police Constable, No. 1 Station, Thomas Frederick Doolan, police Constable, Ashfield, Dr Cleland and Dr Palmer not being present at time of committal were not bound over. Frank George Simmonds, schoolboy, Jesmond Avenue, Dulwich Hill was not bound over as no parent was present with him.
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(l) Short description to enable identification. |
The Exhibits enclosed are (l) Nil. |
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I have the honor to be, |
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[Signed] EA Prior |
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Clerk of Petty Sessions Acting Clerk of the Court |
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The Under Secretary, |
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N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates |
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4g 201-90 |
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1
NEW SOUTH WALES POLICE.
Metropolitan District,
No. 9 Police Station.
29th July 1915.
Report relative to antecedents of:–
Name: George Francis Byrne
Offence: 6 unnatural offences on boys.
Committed for Trial at: Central Criminal Court.
Date: 30th August, 1915.
I beg to report there are no previous convictions against accused. He was charged with the following offences, which were not proceeded with in Children’s Court, indecent assault Albert Weeks, on 25-1-1913, indecently assault Albert King, on 14-11-1913, indecently assault George Askew, on 26-11-1913, indecently assault Wilfred Moore on 28-11-1913, unlawfully assault Joseph Daniels, on 9-2-1913, unlawfully assault Harold Stevens, on 24-8-1913, unlawfully assault Norman Morgan, on 26-1-1914, unlawfully assault Gordon Clubb, on 24-12-1914, unlawfully assault Sidney Shepherd, on 29-10-13, all these offences were committed on boys in the bush at Canterbury, accused is a single man, and up to the time he is alleged to have committed these offences had borne a good character.
[Signed] John Lane, 3rd Class Sergeant, No. 5697.
2 South Wales
Depositions of Witnesses.
New South Wales, Sydney
TO WIT. }
The examination of John Lane, of Canterbury in the State of New South Wales, Sergeant of Police William Robertson, of Sydney in the said State, Detective Sergeant, Gordon Robert Sutherland, of 16 Jesmond Avenue, Dulwich Hill, school boy, John Burton Cleland Principal microbiologist, Arthur Aubrey Palmer, First Government Medical Officer of Sydney in the said State, Alfred John Baxter of Canterbury in the said State, Police Constable, Frank George Simmonds, of Jesmond Avenue Dulwich Hill, school boy, George Gilbert Ferguson of No. 1 Police Station Sydney, Police Constable, and Thomas Frederick Doolan, Police Constable of Ashfield in the said State, taken on oath this 19th day of July, in the year of Our Lord one thousand nine hundred and fifteen at the Children’s Court, Sydney, in the said State, before the undersigned, a Special Magistrate for the Metropolitan Police District and one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of George Francis Byrne who was charged this day before me for that he the said George Francis Byrne on the first day of July, in the year of Our Lord one thousand nine hundred and fifteen at Canterbury, in the said State, did assault Gordon Sutherland and then wickedly and against the order of nature did carnally know the said Gordon Sutherland, and did commit with the said Gordon Sutherland, the abominable crime of buggery.
3
Mr Bathgate appears for the prosecution.
Accused appears in person.
John Lane on oath states:– I am a Sergeant of Police stationed at Canterbury. On the 10th instant in company with Detective Robertson, Constables Ferguson and Doolan and several other Constables I was on duty in a paddock comprising about 400 acres of thick bushland situated off Wardell Road, Canterbury. The various Police Officers were secreted in the bush near bush tracks, near the crossings.
At about 12 noon, I was standing in the bush near Detective Robertson. I heard the report of several shots fired. I heard a man shout out “Stop him!,” high up the hill from where we were standing. We ran up the hill and I saw Constables Cameron and Doolan holding then accused. I said to the accused “You are the man I chased in this bush on two previous occasions, the first occasion was on the 22nd January last and the second occasion on the 6th March last. On the first occasion I saw you ran away into the bush, called out “I’ve got no money.” On the second occasion you were looking at me with a pair of field glasses produced 8 and you ran away. I got the field glasses from his inside coat pocket. He made no reply. I said to him “What is your name?” He said “That’s for you to find out.” I said “Where do you live?” He said “Wool Wolli Creek.” He said “Who are you, are you all Detectives looking for me?” Several other Police Officers had come up in the meantime. I said “Yes, we want you for committing the crime of sodomy on various boys in this bush.” He made no reply. We then arrested him and took him to Canterbury Police Station where at about 2 pm the same day I placed him
4
Exhibit “1”, Police versus Byrnes, Children’s Court, Sydney.
[Initialled] CP, Deputy Clerk.
Date 19.7.15
Received above exhibits from Children’s Court on 19/7/15.
[Signed] John Lane, Sergeant.
5
In the exercise yard among ten other young men, who were about his same age, height and build. I said to him “You are here to be identified for committing the crime of sodomy on a boy named Gordon Robert Sutherland, on the 1st instant in the bush at Canterbury, you can stand in any position in this row that you like.” He said “I’ll remain here.” The boy Gordon Robert Sutherland who had been outside the Police Station, was brought into the yard. He had been unable to see the line. I said to him “Look carefully along that row of men and see if you can identify the man who assaulted you in the bush.”
The boy looked along the row, walked up to accused, put his hand on him, and said “You are the man.” Accused made no reply. A boy named James Simmons was then brought in from the front garden of the Police Station. I said to him “Look carefully along that row of men and see if you can identify the man who took Gordon Robert Sutherland into the bush.”
The boy looked along the line, walked up to accused, put his hand on him, and said “This is the man.” Accused did not reply. I subsequently charged accused with the present charge. At about 9.30 am on the 12th instant I saw the accused in the exercise yard at Burwood Police Station. He said to me “Sergeant I want to speak to you.” I said “All right, what is it?” He said “I suppose you are against me.” I said “I am officially.” He said “Will you do anything for me?” “Yes,” I said, “if I can, what is it?” He said “There are two boys named Hogan, living somewhere in Petersham, were being interfered with in the bush at Canterbury, some time ago, and I protected them.” He said “I want them to be found to show that I have not committed all these offences on boys in the bush. There are others doing this as well as me. I have seen them about the steps at Undercliffe.” He said “I have done about 14 cases.”
6
A few minutes later his mother saw him in the exercise yard in my presence. She said to him “George, I have been informed that you have committed a number of serious offences on boys.” She said “Is it true?” He said “Yes, Mother”, and hung down his head. She said “I don’t believe it, and won’t believe it”, and walked away. At about 12 noon on the 13th instant I saw accused in the cell at Burwood Police Station. He said to me “How many charges are there against me?” I said “Eleven.” He said “I have done more than that, I have done about fourteen.” I said “Some of the boys failed to identify you.” He said “I knew some of the boys who were here today. Some I never saw before.”
On the 1st instant I saw the boy Gordon Robert Sutherland. He told me something. In company with Constable Baxter, the boy Sutherland and the boy Simmons, I went into the bush at Canterbury. The boys showed me the position, in the bush, they were standing when accused came up to them. They showed me a sliding rock on the side of the hill where. I saw a footprint in the ground about the size “7” boot, and there was some dry grass lying flat on the ground. I said to accused, “During the last two years I have received a number of reports of various offences being committed against boys in the bush near Canterbury and in the months January, February and March we had 13 Police Officers looking for the offender, in the bush, and since the 1st instant we have had 10 Police Officers in the bush.”
To accused: I heard accused reply when his mother spoke.
[Signed] John Lane.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] J McKensey, SM.
7
This Deponent on oath states:– My name is William Robertson. I am a Detective Sergeant stationed at Sydney. On the 10th instant with Sergeant Lane and several other Constables I was on duty in a bush paddock off Wardell Road, Canterbury. At about 11.45 am I heard shots and someone call out “Stop him, stop!” With Sergeant Lane I ran in the direction of the shots, where Constables Doolan and Cameron were concealed. I saw those two Constables holding the accused. At about 1.30 pm the same day I saw the accused at Canterbury Police Station. I said to him “I am going to ask you certain questions, you are not compelled to answer.” He replied “I will tell you the truth about myself but I won’t tell you where I live because I don’t want to bring any trouble on my mother.” I said “Did you say a few minutes ago that you assaulted about 12 boys in the bush?” He said “Yes.” I said “Is that correct?” He said “Yes.” I said “There was a boy assaulted in the bush about a week ago.” He said “Was it near the big rock?” He I said “Yes, under on the big rock.” He said “I did it, there’s no use denying it, the boy knows me.”
[Signed] W Robertson.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] J McKensey, SM.
8
This Deponent on oath states:– My name is John Burton Cleland. I am Principal microbiologist and a legally qualified Medical Practitioner and Doctor of Medicine. On July the 2nd Constable Baxter submitted to me for examination a pair of knickerbockers and a shirt. They are the 9 articles produced, marked “A” for identification. I examined these and found on the knickerbockers a seminal stain inside, near the fork. The shirt at the lower part behind showed a seminal stain containing blood.
No questions.
[Signed] JB Cleland.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] J McKensey, SM.
9
This Deponent on oath states:–
My name is Gordon Robert Sutherland. I am a school boy, I am 11 years old. I live with my parents at 16 Jesmond Avenue, Dulwich Hill.
I remember Thursday the 1st July, last. I went with Frank Simmons and Arthur Payne to Canterbury bush picking wildflowers. We were in the bush at about half past eleven in the morning. A man stepped out of the scrub and came up to us and said “Do you know you’re not allowed in the bush?” We said “No.” He said “You’ll have to come up to the Caretaker.” I said “We’ll go straight out now.” He said “No, you’ll have to come up to the caretaker straight away.” He told Frank Simmons and Arthur Payne to sit down till he came back. Accused is the man. I started crying when he said I would have to go the caretaker. He got hold of me by the wrist and took me about 20 yards in the bush. He took me down some rocks and undid my trousers. He made me lie down on some soft grass. He undone his fly and lay down on top of me. I was lying down on my face. I felt him push twice and he hurt me. He pushed his person into my back passage. He did it twice. He let me up after that and I ran away. Accused went through the scrub. The trousers and shirt 10 Exhibit “A” are mine. I was wearing those articles and a guernsey on that day.
I was crying after this. A lady asked me to stay with her until the Police came. I did not tell her till Constable Baxter came what had happened. He took me into Mrs Wood’s place and examined me. I showed Constable Baxter and Sergeant Lane in the afternoon the place where this took place.
No questions.
[Signed] GR Sutherland.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] J McKensey, SM.
10
This Deponent on oath states:– My name is Arthur Aubrey Palmer. I am First Government Medical Officer for Sydney. On 2nd July, I made an examination of the boy Gordon Sutherland, who is present, at the hospital admission depot at 9 am. He was brought there by Constable Baxter. He had two tears or lacerations at the anus, one posterial extending upwards from the opening for a quarter of an inch in the anal canal and one anterially for three quarters of an inch. Both these were bleeding slightly. Both would be consistent with sodomy having been committed on the boy the day before.
[Signed] Arthur A Palmer.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] J McKensey, SM.
11
This Deponent on oath states:– My name is Alfred John Baxter. I am a Constable of Police stationed at Canterbury. At about 11.30 am on the 1st July instant I saw the boy Sutherland in Wardell Road, Canterbury. He was with Mrs Shepherd. He was crying. Mrs Shepherd told me something. I said to Sutherland “Tell me all about this occurrence.” I did not hear him say anything to Mrs Shepherd. The boy said that at about 11 am he was gathering flowers in the bush at the back of Wood’s piggery off Wardell Road in company with two other boys named Arthur Payne and James Simmons when a man came up to them and said “You know you are not allowed in this bush, you will have to come and ask the caretaker.” The boy said that he said “Can my two mates come with me?” The boy said “I went with the man and the other two boys ran away. He took me down to the foot of a rock, took my trousers down and laid me on my face and put his hand over my mouth and put his person into my back passage, jerked up and down and remained on top of me for about three minutes. He then got up and said “You can go now.” He then walked away through the bush. I took the boy to Mrs Wood’s kitchen which was close by. I examined him. I took his trousers down. I saw a patch of blood on the tail of his shirt, it was fresh blood. I saw blood and excretory on the back passage. The shirt and trousers produced Exhibit “2” are the articles the boy was then wearing. I got those articles from the boy’s mother at 6 pm. On the following morning I handed them to Dr Cleland at the Board of Health and received them back from him on the 10th. On the 2nd instant I took the boy to Dr Palmer and he examined him. At about 4 pm on the 1st instant I went to a spot in the bush the boy showed me. I saw footprints in the sand of a boots about No. 7 and the grass flattened down.
No questions.
[Signed] AJ Baxter.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] J McKensey, SM.
12
This Deponent on oath States:– My name is Frank George Simmonds. I am a school boy. I go to Dulwich Hill Public School. I live at Jesmond Avenue, Dulwich Hill. I am 9 years old. On the 1st July I was in the bush with Gordon Sutherland at Canterbury. We were gathering wildflowers. A man stepped out on the path. It was accused. He said “You are not allowed in the bush.” We said “No.” He got hold of Gordon Sutherland by the right wrist. He said “Come along to the caretaker.” He told Arthur Payne and me to sit down on the rock and wait till he came back. We ran home. Gordon and the man went into the bush.
[Signed] Frank George Simmonds.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] J McKensey, SM.
13
This Deponent on oath states:– My name is George Gilbert Ferguson. I am a Police Constable stationed at No. 1 Police Station, Sydney. On the 10th instant in company with Detective Robertson, Sergeant Lane, Constable Barrett and a number of other Police I was in a bush paddock off Wardell Road, Canterbury. At about 11.40 am whilst concealed under a bush I saw the accused standing about 5 yards from me. I stepped out and said to him “Here, I want to speak to you, I am a Police Constable.” He immediately ran away, at the same time calling out “I have got no money, you can’t get any money off me.” I drew my revolver and called out to him “Stand or I’ll shoot.” I drew my revolver and fired five shots over his head. Constable Barrett joined in the chase with me and after accused had run about 250 yards I saw him being held by Constable Doolan and a number of other Police.
To accused: I remember accused asking were we all Police Officers and “Are you looking for me?”
[Signed] GG Ferguson.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] J McKensey, SM.
14
This Deponent on oath states:– My name is Thomas Frederick Doolan. I am Police Constable stationed at Ashfield. At about 11.45 am on the 10th instant I was on duty with other Police in a paddock at Canterbury. I heard some revolver shots and someone cry “Stop him, stop!” I came out from where I was hiding and saw accused running through the scrub. I chased him about 50 yards and caught him and held him till other Police came up.
No questions.
[Signed] TF Doolan.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] J McKensey, SM.
15
Gordon R Sutherland
Exhibit “A” for identification, Police versus Byrnes, Children’s Court, Sydney.
[Initialled] CP, Deputy Clerk.
Date 19.7.15
Exhibit “2”, Police versus Byrnes, Children’s Court, Sydney.
[Initialled] CP, Deputy Clerk.
Date 19.7.15
Also Exhibit “1” a pair of field glasses
Received on this date above exhibit.
[Signed] John Lane, Sergeant, 19.7.15.
16
(F. 2 – “Justices Act, 1902.”)
Statement of the Accused.
State of New South Wales, Sydney
TO WIT. }
George Francis Byrne, (hereinafter called the defendant) stands charged before the undersigned, a Special Magistrate for the Metropolitan Police District and one of His Majesty’s Justices of the Peace in and for the said State, this 19th day of July, in the year of Our Lord one thousand nine hundred and fifteen for that he, the said defendant, on the 1st day of July, 1915, at Canterbury in the said State, did assault Gordon Sutherland, and then wickedly and against the order of nature carnally knew the said Gordon Sutherland, and did commit with the said Gordon Sutherland the abominable crime of buggery. And the said charge being read to the said defendant, and the witnesses for the prosecution, John Lane, Sergeant of Police, of Canterbury aforesaid, William Robertson, Detective Sergeant of Sydney, John Burton Cleland, Principal Microbiologist, Gordon Robert Sutherland of 16 Jesmond Avenue, Dulwich Hill, school boy Arthur Aubrey Palmer, First Government Medical Officer of Sydney, Alfred John Baxter, of Canterbury aforesaid, Constable of Police, Frank George Simmonds of Jesmond Avenue Dulwich Hill, school boy, George Gilbert Ferguson of No. 1 Police Station Sydney, and Thomas Frederick Doolan, Police Constable of Ashfield in the said State, being severally examined in his presence, and (he having stated that he down not desire the depositions of the said witnesses to be again 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 have nothing to say.” [Signed] George Francis Byrne.
Taken before me and read over to the said defendant at the Children’s Court, Sydney, in the said State, the day and year first above mentioned.
[Signed] J McKensey, SM.
17
G. 190.
New South Wales, Sydney
TO WIT. }
REX.
versus
George Francis Byrne
Offence,— Buggery (with Gordon Robert Sutherland).
The accused stands committed to take his trial at the next Court of Central Criminal Court to be holden at Sydney, in the State of New South Wales, on the thirtieth day of August 1915, or at such other Court to be holden at such place and time as the Attorney-General may appoint. Bail allowed the accused in £ and two sureties in £ each, or one in £ Bail refused.
[Signed] J McKensey, SM
JP.
Dated at the Police
Office, Children’s Court, Sydney
in the said State,
this nineteenth
day of July,
AD 1915.
4g 416 - 88
18
“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Sydney
TO WIT. }
Be it remembered, that on the 19th day of July, in the year of Our Lord one thousand nine hundred and fifteen John Lane a Sergeant of the Police Force, stationed at Canterbury in the State of New South Wales, William Robertson, Detective Sergeant of Sydney in the said State, Robert Sutherland of 16 Jesmond Avenue, Dulwich Hill as surety for his son Gordon Robert Sutherland, aged 11 years, Alfred John Baxter of Canterbury aforesaid, Police Constable, George Gilbert Ferguson, of No. 1 Station Sydney, in the said State, Police Constable and Thomas Frederick Doolan of Ashfield in the said State, Police Constable 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.
Taken and acknowledged, the day and year first above mentioned, at Sydney, in the said State, before me.
[Signed] EA Prior, JP.
The condition of the within written Recognizance is such, that whereas one George Francis Byrne was this day charged before J McKensey, Esquire, a Special Magistrate for the Metropolitan Police District constituting a Children’s Court, under the “Neglected Children and Juvenile Offenders Act, 1905 ”, and one of His Majesty’s Justices of the Peace for the said State, for that he did commit buggery with Gordon Robert Sutherland.
If, therefore, they the before mentioned persons shall appear at the next Central Criminal Court, to be holden at Sydney, in and for the State of New South Wales, on Monday the 30th day of August, 1915, 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 George Francis Byrne for the offence aforesaid, to the jurors who shall pass upon the trial of the said George Francis Byrne.
The the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] EA Prior, JP.
19
Police Charge No. 279 of 1915.
Court of Petty Sessions Burwood,
13th July 1915.
George Byrnes (aged 20), who is charged for that on the 1st day of July 1915 he did at Canterbury in the State of New South Wales, assault one Gordon Sutherland and then wickedly and against the order of nature carnally knew the said Gordon Sutherland and did commit with the said Gordon Sutherland, the abominable crime of buggery.
Pleads -----
On the application of the Police, remanded to appear at the Children’s Court, Sydney on Monday, the 19th instant at nine thirty AM. Bail refused.
[Signed] J Lethbridge King.
~ ~ ~ ~ ~
[On the depositions’ cover sheet is the following]
Central Criminal Court,
Sydney
30 August 1915
AG’s No. 15/161
Depositions.
CS’s No. 8
Rex
v.
George Francis Byrne
Sodomy
Committed at: Children’s Court, Sydney
on: 19 July 1915
~ ~ ~ ~ ~
Central Crim. Court.
Date. 30 August 1915
Cor. Sly Judge.
Plea. Guilty
Verdict.
Judgment. 6 months hard labour concurrent with sentence passed in 7, 9, 10, 11
[Initialled] A[lfred] E[rnest] W[ithy]
Mr Herbert Harris
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.
~ ~ ~ ~ ~
Legal aid refused
30.7.15
Buggery
[Initial illegible]
26:7:1915
Approved
[Initialled] DRH
Attorney General
27-4-15
Depositions returned
27.7.15
George Francis Byrne, 1915–III
1
Depositions for George Francis Byrne 30 Aug 1915 Sydney trial 11
(a) Town. |
Letter from Bench of Magistrates at (a) the Children’s Court, Sydney |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Rex v. (b) George Francis Byrne |
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(c) Offence. |
(c) Buggery with Stanley Francis Richards. |
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(d) Town. |
Petty Sessions Office, (d) Children’s Court Office, Sydney |
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19th July 1915. |
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Sir, |
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(e) Name of accused |
case of (e) George Francis Byrne |
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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) Central Criminal Court |
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to be held at (h) Sydney |
on Monday |
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(h) Town where Court |
the 30th day of August 1915 |
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The accused is (i) confined in the State Penitentiary, Long Bay. Bail being refused |
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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) John Lane, of Canterbury, Sergeant of Police, Stanley Francis Richards, George St. Canterbury, schoolboy (father bound over for him) George Watson Russell, of Watkin Street, Canterbury school gave evidence but was not bound over as no parent was present.
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(l) Short description to enable identification. |
The Exhibits enclosed are (l) Nil. |
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I have the honor to be, |
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[Signed] EA Prior |
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Clerk of Petty Sessions Acting Clerk of the Court |
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The Under Secretary, |
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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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2
Depositions of Witnesses.
New South Wales, Sydney
TO WIT. }
The examination of John Lane of Canterbury in the State of New South Wales, Sergeant of Police Stanley Francis Richards of George Street, Canterbury in the said State, school boy, and George Watson Russell, school boy of Watkin Street, Canterbury in the said State, taken on oath this 19th day of July, in the year of Our Lord one thousand nine hundred and fifteen at the Children’s Court, Sydney, in the said State, before the undersigned, a Special Magistrate for the Metropolitan Police District and one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of George Francis Byrne who was charged this day before me for that he the said George Francis Byrne, on the 12th day of January in the year of Our Lord one thousand nine hundred and fifteen at Canterbury in the said State, did assault Stanley Richards and then wickedly and against the order of nature carnally knew the said Stanley Richards, and did commit with the said Stanley Richards, the abominable crime of buggery.
3
Mr Bathgate appears for the prosecution.
Accused appears in person.
John Lane on oath states:– I am a Sergeant of Police stationed at Canterbury. At about 2 pm on the 10th instant I saw accused at Canterbury Police Station. I placed him in a line for identification and told him he was to be identified for committing an offence against a boy Stanley Richards on the 12th January. I called Stanley Richards in and said “Look carefully along that line of men and see if you can see identify the man who assaulted you in the bush.” He identified him. I then called in a boy George Watson Russell. He identified accused also. I subsequently preferred the present charge and he made no reply. On the 12th I examined January last I saw the boy Richards at Canterbury Police Station. He said to me “A boy named George Russell and I were in the bush morning at Canterbury playing, when a man came up to us and said “I’m going to take you to the caretaker.” He took my by the arm into the bush, laid me down on my stomach, put his person into my back passage. I took down the boy’s trousers. I saw stains on the fork of the trousers and a stiffness where the stains were. I accompanied him into the bush and he showed me the spot where the man put him down on to the ground. I see
No questions.
[Signed] John Lane.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] J McKensey, SM.
4
This Deponent on oath states:– My name is Stanley Francis Richards. I am a school boy. I go to Canterbury School. I live at George Street, Canterbury. Towards the end of January in the school holidays I was playing with George Russell in the bush. I saw accused there. We were playing with a Daisy air rifle. Accused said that we weren’t allowed to shoot in the bush. He said he would take me along to the caretaker. He said if he took the two of us he might get angry. He took me along by the arm. He took me into the bush. He told George to wait there till I came back. He let me walk a little way ahead of him in the bush and he then grabbed hold of me and pulled my trousers down. I sang out “Help!” He said “You say that again and see what I’ll do to you.” He put me on the ground, my face to the ground. He lay on top of me. He undone his fly. He took out his person. He put it in my back passage. He was moving up and down for a few seconds, for a while and he told me to go. I did up my trousers and went. He hurt me. I felt wet in the back passage after he finished.
I went to the Fire Station and then told the Police Station and I told Sergeant Lane and I searched in the bush and could not find a man.
No questions.
[Signed] S Richards.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] J McKensey, SM.
5
This Deponent on oath states:– My name is George Watson Russell. I am a school boy. I am 11 years old. I live at Watkin Street, Canterbury.
Towards the end of January, on a Tuesday, I was playing with Stanley Richards in the bush. We had a the boy rifle. I saw accused in the bush. Accused said that he was on duty for the caretaker and he would take us one at a time. He said took Stanley Richards. He said to me “Stand there in the open where I can see you.” I said “Let me come too.” He said “No.” I stood in the open where he told me to. When they got out of sight I ran away. Stanley came running up later to where I was and we went to the Fire Station. I have no doubt as to accused being the man.
No questions.
[Signed] GW Russell.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] J McKensey, SM.
6
(F. 2 – “Justices Act, 1902.”)
Statement of the Accused.
State of New South Wales, Sydney
TO WIT. }
George Francis Byrne (hereinafter called the defendant) stands charged before the undersigned, a Special Magistrate for the Metropolitan Police District and one of His Majesty’s Justices of the Peace in and for the said State, this 19th day of July, in the year of Our Lord one thousand nine hundred and fifteen for that he, the said defendant, on the 12th day of January, 1915, at Canterbury in the said State, did assault Stanley Richards and then wickedly and against the order of nature carnally knew the said Stanley Richards, and did commit with the said Stanley Richards, the abominable crime of buggery, and the said charge being read to the said defendant, and the witnesses for the prosecution, John Lane, of Canterbury, Sergeant of Police, Stanley Francis Richards, of George Street Canterbury, in the said State, school boy, and George Watson Russell of Watkin Street, Canterbury, in the said State, school boy, being severally examined in his presence, and (he having stated that he does not desire the depositions of the said witnesses to be again 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 have nothing to say.” [Signed] George Francis Byrne.
Taken before me and read over to the said defendant at the Children’s Court, Sydney, in the said State, the day and year first above mentioned.
[Signed] J McKensey, SM.
7
G. 190.
New South Wales, Sydney
TO WIT. }
REX.
versus
George Francis Byrne
Offence,— Buggery (with Stanley Richards)
The accused stands committed to take his trial at the next Court of Central Criminal Court, to be holden at Sydney, in the State of New South Wales, on the thirtieth day of August 1915, or at such other Court to be holden at such place and time as the Attorney-General may appoint. Bail allowed the accused in £ and two sureties in £ each, or one in £ Bail refused
[Signed] J McKensey, SM
JP.
Dated at the Police
Office, Children’s Court, Sydney
in the said State,
this nineteenth
day of July,
AD 1915.
4g 416 - 88
8
“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Sydney
TO WIT. }
Be it remembered, that on the 19th day of July, in the year of Our Lord one thousand nine hundred and fifteen, John Lane a Sergeant of the Police Force, stationed at Canterbury, in the State of New South Wales, and Archaelaus Richards of George Street, Canterbury, engineer as surety for Stanley Francis Richards of Canterbury, his son, a school boy, 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.
Taken and acknowledged, the day and year first above mentioned, at Sydney, in the said State, before me.
[Signed] EA Prior, JP.
The condition of the within written Recognizance is such, that whereas one George Francis Byrne, was this day charged before J McKensey, Esquire, a Special Magistrate for the Metropolitan Police District constituting a Children’s Court, under the “Neglected Children and Juvenile Offenders Act, 1905 ” and one Esquire of his Majesty’s Justices of the Peace for the said State, for that on the 12th January 1915, at Canterbury in the said State, he did comit buggery with Stanley Francis Richards.
If, therefore, they the before mentioned persons shall appear at the next Central Criminal Court to be holden at Sydney, in and for the State of New South Wales, on Monday the30th day of August, 1915, 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 George Francis Byrne, for the offence aforesaid, to the jurors who shall pass upon the trial of the said George Francis Byrne.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] EA Prior, JP.
9
Police Charge No. 277 of 1915.
Court of Petty Sessions Burwood,
13th July 1915.
George Byrnes (aged 20), who is charged for that on the 12th day of January 1915 he at Canterbury did assault Stanley Richards, aged 11 years and 5 months and then wickedly and against the order of nature carnally knew the said Stanley Richards, and did commit with the said Stanley Richards the abominable crime of buggery.
Pleads -----
On the application of the Police, remanded to appear at the Children’s Court, Sydney, on the 19th instant at 9.30 am. Bail refused.
[Signed] J Lethbridge King, SM.
~ ~ ~ ~ ~
[On the depositions’ cover sheet is the following]
Central Criminal Court,
Sydney.
30 August 1915
AG’s No. 15/162
Depositions.
CS’s No. 9
Rex
v.
George Francis Byrne
Sodomy
Committed at: Children’s Court, Sydney
on: 19 July 1915
~ ~ ~ ~ ~
Central Criminal Court.
Date. 30 August 1915
Cor. Sly Judge.
Plea. Guilty
Verdict.
[Initialled] A[lfred] E[rnest] W[ithy]
Judgment. 6 months hard labour concurrent with sentence passed in No. 7, 8, 10 & 11
Mr Herbert Harris
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.
~ ~ ~ ~ ~
Legal aid refused
30.7.15
Buggery
[Initial illegible]
Approved
[Initialled] DRH
Attorney General
27-7-‘15
Depositions returned
27.7.15
George Francis Byrne, 1915–IV
1
Depositions for George Francis Byrne 30 Aug 1915 Sydney trial 12
(a) Town. |
Letter from Bench of Magistrates at (a) the Children’s Court, Sydney |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Rex v. (b) George Francis Byrne |
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(c) Offence. |
(c) Indecently assault a male person (George Woods). |
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(d) Town. |
Petty Sessions Office, (d) Children’s Court Office, Sydney |
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19th July 1915. |
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Sir, |
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(e) Name of accused |
case of (e) George Francis Byrne |
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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) Central Criminal Court |
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to be held at (h) Sydney |
on Monday |
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(h) Town where Court |
the 30th day of August 1915 |
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The accused is (i) confined in the State Penitentiary Long Bay, bail being refused |
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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) John Lane, Sergeant of Police, Canterbury, George Woods, Banks Road, Undercliffe, schoolboy, (father bound over for him), Thomas Arthur Woods, Banks Road, Undercliffe, labourer, Eric Jarman, of Riverview Road, Undercliffe, schoolboy, gave evidence, but was not bound over as there was no parent in attendance.
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(l) Short description to enable identification. |
The Exhibits enclosed are (l) Nil. |
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I have the honor to be, |
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[Signed] EA Prior |
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Clerk of Petty Sessions Acting Clerk of the Court |
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The Under Secretary, |
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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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2
Depositions of Witnesses.
New South Wales, Sydney
TO WIT. }
The examination of John Lane of Canterbury in the State of New South Wales, Sergeant of Police, George Woods, of Banks Road, Undercliffe, school boy, Eric Jarman of Riverwood Road, Undercliffe, school boy, and Thomas Arthur Woods, labourer, of Banks Road, Undercliffe, in the said State, taken on oath this 19th day of July, in the year of Our Lord one thousand nine hundred and fifteen at the Children’s Court, Sydney in the said State, before the undersigned, a Special Magistrate for the Metropolitan Police District and one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of George Francis Byrne who was charged this day before me for that he the said George Francis Byrne on the 29th day of June in the year of Our Lord one thousand nine hundred and thirteen at Canterbury in the said State, did indecently assault George Woods, a male person.
3
George Byrne, 20.
On the 29th June, 1913, at Canterbury, in the State of New South Wales, he did indecently assault George Woods, a male person.
Mr Bathgate appears for the prosecution.
Accused appears in person.
This Deponent on oath states:– My name is John Lane. I am a Sergeant of Police stationed at Canterbury. At about 10 am on the 13th instant I saw accused in the exercise yard at Burwood Police Station and placed him in a line with six other men for identification. I told him he could take any position he liked. A boy, George Woods was brought into the yard. I said to him “Look carefully along this row of men and see if you can pick out the man who assaulted you in the bush.”
He looked along the line. He waled up to accused, put his hand on him, and said “This is the man.” Eric Jarman identified him also the same morning.
No questions.
[Signed] John Lane.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] T[homas] H[enry] Wilkinson, SM.
4
This Deponent on oath states:–
My name is George Woods. I am a school boy. I go to West Marrickville School. I live at Banks Road, Undercliffe. I am 14 years old. Towards the end of June, 1913, I was with a boy Eric Jarman walking along the Riverview Road when we were near Carrat’s quarry. A man walked into us. It was accused. He got hold of me and he took me over into a side paddock. It was at about 6 o’clock. He said “Just come over here,” before he took me. He took down my trousers and laid my face down on the ground and got on top of me. His fly was undone. He took his person out and put it between my legs. He then started bobbing up and down. He put his person right into my bottom. He then got off me and walked away doing his fly up. I felt a wet feeling in between my legs. It did not hurt me. I ran home doing my trousers up. I went home and told my father all that happened and the direction the man went. As soon as accused got hold of me Jarman ran home and told my father.
To the Bench: I had not seen the man before he took me away.
To accused: I am just about certain accused is the man. It was dusk.
[Signed] George Woods.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] TH Wilkinson, SM.
5
This Deponent on oath states:–
My name is Eric Jarman. I am a school boy. I am ten years old. I go to Dulwich Hill School. I live at Riverview Road, Undercliffe. In June, 1913, I was with George Woods near Carrett’s Quarry. A man took Albert George Woods around the waist behind some trees. Accused is the man. I saw him laying George on the ground on his stomach and I ran home. I told George’s father.
No questions.
[Signed] Eric Jarman.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] TH Wilkinson, SM.
6
This Deponent on oath states:– My name is Thomas Arthur Woods. I am a labourer. I reside at Banks Road, Undercliffe. George is one of my sons. In June, 1913 I resided at Riverwood Road, Canterbury. One evening in June 1913 George got home at about 6 in the evening. He was crying. He said that a young man had caught him and dragged him on to a vacant piece of land. He said that he undid his trousers, threw him down on his face and put his person between his legs. We went in search of the man but could not find him and rang up the Police. After I got home I examined his clothes. I noticed his clothes trousers were stained at the fork with a white matter. They were fresh stains.
No questions.
[Signed] Thos A Woods.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] TH Wilkinson, SM.
7
(F. 2 – “Justices Act, 1902.”)
Statement of the Accused.
State of New South Wales, Sydney
TO WIT. }
George Francis Byrne, (hereinafter called the defendant) stands charged before the undersigned, a Special Magistrate for the Metropolitan Police District and one of His Majesty’s Justices of the Peace in and for the said State, this 19th day of July in the year of Our Lord one thousand nine hundred and fifteen for that he, the said defendant, on the 29th day of June, 1913, at Canterbury in the said State, did indecently assault George Woods, a male person, and the said charge being read to the said defendant, and the witnesses for the prosecution, John Lane, Sergeant of Police of Canterbury, in the said State, George Woods of Banks Road, Undercliffe, school boy, Eric Jarman of Riverview Road, Undercliffe, school boy, and Thomas Arthur Woods, of Banks Road, Undercliffe, labourer, being severally examined in his presence, and (he having stated that he does not desire the depositions of the said witnesses to be again 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 have nothing to say.” [Signed] George Francis Byrne.
Taken before me and read over to the said defendant at the Children’s Court, Sydney, in the said State, the day and year first above mentioned.
[Signed] TH Wilkinson, SM.
8
G. 190.
New South Wales, Sydney
TO WIT. }
REX.
versus
George Francis Byrne
Offence,— Indecently asault assault George Woods
The accused stands committed to take his trial at the next Court of Central Criminal Court, to be holden at Sydney, in the State of New South Wales, on the thirtieth day of August 1915, or at such other Court to be holden at such place and time as the Attorney-General may appoint. Bail allowed the accused in £ and two sureties in £ each, or one in £ Bail refused.
[Signed] TH Wilkinson, SM
JP.
Dated at the Police
Office, Children’s Court, Sydney
in the said State,
this nineteenth
day of July,
AD 1915.
4g 416 - 88
9
“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Sydney
TO WIT. }
Be it remembered, that on the 19th day of July, in the year of Our Lord one thousand nine hundred and fifteen John Lane a Sergeant of the Police Force, stationed at Canterbury in the State of New South Wales, Thomas Arthur Woods, of Undercliffe in the said State, labourer and the said Thomas Arthur Woods as surety for George Woods, his son, school boy, of Undercliffe 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.
Taken and acknowledged, the day and year first above mentioned, at Sydney, in the said State, before me.
[Signed] EA Prior, JP.
The condition of the within written Recognizance is such, that whereas one George Francis Byrne, was this day charged before TH Wilkinson, Esquire, a Special Magistrate for the Metropolitan Police District constituting a Children’s Court, under the “Neglected Children and Juvenile Offenders Act, 1905 ” and one of His Majesty’s Justices of the Peace for the said State, for that he did indecently assault George Woods, a male person.
If, therefore, they the before mentioned persons shall appear at the next Central Criminal Court, to be holden at Sydney, in and for the State of New South Wales, on Monday the 30th day of August, 1915, 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 George Francis Byrne for the offence aforesaid, to the jurors who shall pass upon the trial of the said George Francis Byrne.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] EA Prior, JP.
~ ~ ~ ~ ~
[On the depositions’ cover sheet is the following]
Central Criminal Court,
Sydney.
30 August 1915
AG’s No. 15/163
Depositions.
CS’s No. 10
Rex
v.
George Francis Byrne
Indecent assault on a male person
Committed at: children’s Court, Sydney
on: 19th July 1915
~ ~ ~ ~ ~
Central Crim. Court.
Date. 30 August 1915
Cor. Sly Judge.
Plea. Guilty
Verdict.
Judgment. 6 months hard labour concurrent with sentence passed in No. 7, 8, 9, 11
[Initialled] A[lfred] E[rnest] W[ithy]
Mr Herbert Harris
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.
~ ~ ~ ~ ~
Legal aid refused
30.7.15
Buggery
[Initial illegible]
Approved
[Initialled] DRH
Attorney General
27-7-‘15
Depositions returned
27.7.15
George Francis Byrne, 1915–V
1
Depositions for George Francis Byrne 30 Aug 1915 Sydney trial 13
(a) Town. |
Letter from Bench of Magistrates at (a) the Children’s Court, Sydney |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Rex v. (b) George Francis Byrne |
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(c) Offence. |
(c) Indecently assault a male person (Ronald Cusiter). |
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(d) Town. |
Petty Sessions Office, (d) Children’s Court Office, Sydney |
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19th July 1915. |
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Sir, |
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(e) Name of accused |
case of (e) George Francis Byrne |
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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) Central Criminal Court |
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to be held at (h) Sydney |
on Monday |
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(h) Town where Court |
the 30th day of August 1915 |
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The accused is (i) confined in the State Penitentiary Long Bay, bail being refused |
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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) John Lane, Sergeant of Police., Canterbury; Ronald Cusiter, Victoria Street, Lewisham, schoolboy (father bound over for him); Alexander Smith Cusiter, Victoria Street, Lewisham, ironmonger.
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(l) Short description to enable identification. |
The Exhibits enclosed are (l) Nil. |
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I have the honor to be, |
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[Signed] EA Prior |
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Clerk of Petty Sessions Acting Clerk of the Court |
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The Under Secretary, |
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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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2
Depositions of Witnesses.
New South Wales, Sydney
TO WIT. }
The examination of John Lane of Canterbury in the State of New South Wales, Sergeant of Police Ronald Cusiter of Victoria Street, Lewisham, in the said State, school boy, and Alexander Smith Cusiter, ironmonger of Victoria Street, Lewisham, in the said State, taken on oath this 19th day of July, in the year of Our Lord one thousand nine hundred and fifteen at the Children’s Court, Sydney, in the said State, before the undersigned, a Special Magistrate for the Metropolitan Police District and one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of George Francis Byrne, who was charged this day before me for that he the said George Francis Byrne, on the 24th day of September, in the year of Our Lord one thousand nine hundred and thirteen at Canterbury in the said State, did indecently assault Ronald Cusiter, a male person.
3
Mr Bathgate appears for the prosecution.
Accused appears in person.
John Lane on oath states:– I am a Sergeant of Police stationed at Canterbury. On the 13th instant I saw accused in the exercise yard at Burwood Police Station in a line with six other men. Ronald Cusiter identified accused as the man who committed the offence charged against him. I subsequently charged accused with the present charge and he made no reply.
No questions.
[Signed] John Lane.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] TH Wilkinson, SM.
4
This Deponent on oath states:– My name is Ronald Cusiter. I am 13 years old. I am a school boy. I go to Petersham School. I live at Victoria Street, Lewisham. Between 4 and 5 pm in September 1913 I was with Tom Tweedie in the bush off Wardell Road, Canterbury. Accused came up to me. I don’t remember much what he said. He us grabbed me and took down my pants. He put me on the ground face downwards. He went up and down on top of me. I don’t remember whether I felt anything or not. He was going up and down about a minute. I felt water like between my legs. He put something between my legs. He did not put it anywhere else. It was something greasy like that he put between my legs. He got up again and went away. I saw him some time afterwards in Ashfield Park. I did not speak to him. I was frightened of him. When I got home I told my father a about it.
No questions.
[Signed] R Cusiter.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] TH Wilkinson, SM.
5
This Deponent on oath states:– My name is Alexander Smith Cusiter. I am an ironmonger and reside at 38 Victoria Street Lewisham. Ronald is my son. On the 24th September, 1913 Ronald told me something. He told me that he was out in the bush at Canterbury and that a man caught him and threw him down. Ronald said he offered him some money if he would let him go. He did not let him go. He threw Ronald down and got on top of him. I laid information at Petersham Police Station that same evening.
[Signed] Alexander Smith Cusiter.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] TH Wilkinson, SM.
6
(F. 2 – “Justices Act, 1902.”)
Statement of the Accused.
State of New South Wales, Sydney
TO WIT. }
George Francis Byrne (hereinafter called the defendant) stands charged before the undersigned, a Special Magistrate for the Metropolitan Police District and one of His Majesty’s Justices of the Peace in and for the said State, this 19th day of July, in the year of Our Lord one thousand nine hundred and fifteen for that he, the said defendant, on the 24th day of September, 1913, at Canterbury in the said State, did indecently assault Ronald Cusiter, a male person, and the said charge being read to the said defendant, and the witnesses for the prosecution, John Lane of Canterbury, Sergeant of Police, Ronald Cusiter of Victoria Street, Lewisham, school boy, and Alexander Smith Cusiter of Victoria Street, Lewisham, ironmonger, being severally examined in his presence, and (he having stated that he does not desire the depositions of the said witnesses to be again 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 don’t wish to say anything.” [Signed] George Francis Byrne.
Taken before me and read over to the said defendant at the Children’s Court, Sydney, in the said State, the day and year first above mentioned.
[Signed] TH Wilkinson, SM.
7
G. 190.
New South Wales, Sydney
TO WIT. }
REX.
versus
George Francis Byrne
Offence,— Indecently assault Ronald Cusiter, a male person
The accused stands committed to take his trial at the next Court of Central Criminal Court, to be holden at Sydney, in the State of New South Wales, on the thirtieth day of August 1915, or at such other Court to be holden at such place and time as the Attorney-General may appoint. Bail allowed the accused in £ and two sureties in £ each, or one in £ Bail refused
[Signed] TH Wilkinson, SM
JP.
Dated at the Police
Office, Children’s Court, Sydney
in the said State,
this nineteenth
day of July
AD 1915.
4g 416 - 88
8
“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Sydney
TO WIT. }
Be it remembered, that on the 19th day of July, in the year of Our Lord one thousand nine hundred and fifteen John Lane a Sergeant of the Police Force, stationed at Canterbury in the State of New South Wales, Alexander Smith Cusiter, Victoria Street, Lewisham, in the said State, ironmonger, and the said Alexander Smith Cusiter as surety for Ronald Cusiter, his son, of Lewisham in the said State, school boy 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 fail in the condition indorsed.
Taken and acknowledged, the day and year first above mentioned, at Sydney, in the said State, before me.
[Signed] EA Prior, JP.
The condition of the within written Recognizance is such, that whereas one George Francis Byrne, was this day charged before TH Wilkinson, Esquire, a Special Magistrate for the Metropolitan Police District constituting a Children’s Court under the “Neglected Children and Juvenile Offenders Act, 1905 ,” and one of His Majesty’s Justices of the Peace for the said State, for that he did indecently assault Ronald Cusiter, a male person.
If, therefore, they the before mentioned persons shall appear at the next Central Criminal Court, to be holden at Sydney in and for the State of New South Wales, on Monday the 10th day of August, 1915 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 George Francis Byrne, for the offence aforesaid, to the jurors who shall pass upon the trial of the said George Francis Byrne.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] EA Prior, JP.
9
Warrant.
Information – General Purposes.
New South Wales, Burwood
TO WIT. }
Act 40 of 1900, SECT. 81.
Be it remembered, that on this 25th day of September, in the year of Our Lord one thousand nine hundred and thirteen at Burwood in the said State of New South Wales, Henry Bexter, Sub-Inspector of Police of Burwood in the said State, appears before me, the undersigned, one of His Majesty’s Justices duly assigned to keep the Peace of our Lord the King in and for the State of New South Wales, and informs me, that on the 24th day of September, in the year of Our Lord one thousand nine hundred and thirteen, a man, whose name is unknown to one Ronald Cusiter but who can be identified by him and whose description is as follows:– 20 years of age, 5 feet 7 or 8 inches in height, medium build, clean shaved, dark complexion, scar on cheek near nose, dressed usually in blue suit dark brown soft hat, and black boots at Canterbury in the State aforesaid, indecently did assault the said Ronald Cusiter, a male person.
Indictable Contrary to the Act in such case made and provided; whereupon the said Henry Bexter prays that I, the said Justice, will proceed in the premises according to law, and issue my warrant for the apprehension of the said man.
[Signed] H Bexter.
Sworn at Burwood in the said State, on the day first above written, before me.
[Signed] Edward P[ercy] Cusick, JP.
10
Warrant to Apprehend a Person (whose name is unknown) Charged with an Indictable Offence.
To the Senior Officer of Police at Burwood in the Parramatta Police District in the State of New South Wales, and to all other Police Officers in the said State.
Whereas a man, whose name is unknown to one Ronald Cusiter but who can be identified by him and whose description is as follows, namely:– about 20 years of age, five feet seven or eight inches in height, medium build, clean shaves, dark complexion, scar on cheek near nose dressed in blue suit, dark brown soft hat and black boots hath this day bee charged upon oath, before the undersigned, one of His Majesty’s Justices of the Peace,in and for the said State, for that he on the 24th day of September, in the year of Our Lord one thousand nine hundred and thirteen at Canterbury in the said State, indecently did assault the said Ronald Cusiter, a male person.
These are therefore to command you, in His Majesty’s name, forthwith to apprehend the said ----- man described as aforesaid, and to bring him before one of His Majesty’s Stipendiary Magistrates in and for the Parramatta Police District in the said State, to answer unto the said charge, and to be further dealt with according to law.
Given under my hand and seal, this 25th day of September, in the year of Our Lord one thousand nine hundred and thirteen at Burwood in the said State.
[Signed] Edward P Cusick, JP.
11
Police Charge No. 276 of 1915.
Court of Petty Sessions Burwood,
13th July 1915.
George Byrnes, (aged 20), who is charged for that on the 24th day of September 1913 he at Canterbury in the State of New South Wales, did indecently assault Ronald Cusiter a male person.
Pleads -----
On the application of the Police, remanded to appear at the Children’s Court, Sydney, on the 19th instant at 9.30 am. Bail refused.
[Signed] J Lethbridge King, SM.
~ ~ ~ ~ ~
[On the depositions’ cover sheet is the following]
Central Criminal Court,
Sydney.
30 August 1915
AG’s No. 15/164
Depositions.
CS’s No. 11
Rex
v.
George Francis Byrne
Indecent assault on a male person
Committed at: Children’s Court, Sydney
on: 19 July 1915
~ ~ ~ ~ ~
Central Criminal Court.
Date. 30 Aug 1915
Cor. Sly Judge.
Plea. Guilty
Verdict.
Judgment. 6 months hard labour concurrent with sentence passed in No. 7, 8, 9, & 10
[Initialled] A[lfred] E[rnest] W[ithy]
Mr Herbert Harris
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.
~ ~ ~ ~ ~
Legal aid refused
30.7.15
Buggery
[Initial illegible]
Approved
[Initialled] DRH
Attorney General
27-7-‘15
Depositions returned
27.7.15
George Francis Byrne, 1915–VI
Depositions for George Francis Byrne 30 Aug 1915 Sydney trial 14
(a) Town. |
Letter from Bench of Magistrates at (a) the Children’s Court, Sydney |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Rex v. (b) George Francis Byrne |
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(c) Offence. |
(c) Indecently assault a male person (John Clarke). |
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(d) Town. |
Petty Sessions Office, (d) Children’s Court Office, Sydney |
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19th July 1915. |
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Sir, |
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(e) Name of accused |
case of (e) George Francis Byrne |
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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) Central Criminal Court |
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to be held at (h) Sydney |
on Monday |
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(h) Town where Court |
the 30th day of August 1915 |
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The accused is (i) confined in the State Penitentiary Long Bay, bail being refused |
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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) John Lane, Sergeant of Police, Canterbury; John Clarke, William Street, Canterbury, schoolboy, (father bound over for him); Richard Clarke, William, Canterbury, property owner. Keith Alexander Cameron, of Canterbury, schoolboy, gave evidence but was not bound over as no parent was present with him. |
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(l) Short description to enable identification. |
The Exhibits enclosed are (l) Nil. |
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I have the honor to be, |
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[Signed] EA Prior |
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Clerk of Petty Sessions Acting Clerk of the Court |
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The Under Secretary, |
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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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20th September, 1915.
The Inspector General of Police
A.T.B. 1915/Depositions.
Sir,
15 I have the honour to inform you that the Attorney General has declined to proceed further against the accused in the case named in the margin, which was not proceeded with at the sittings of the Central Criminal Court which commenced on the 30th August ultimo, and to request that you will be good enough to cause the witnesses and all parties concerned to be informed of such decision.
The accused has been sentenced to six (6) months imprisonment with hard labour on each of five other charges (sentences to be concurrent).
Sergeant Lane, of Canterbury, had charge of the case.
I have the honour to be, Sir, your obedient servant,
Under-Secretary.
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20th September, 1915.
The Sheriff.
A.G.B. 1915/
16 Offence. Indecently assault on a male person. (John Clarke) Court. Central Criminal Court – 30.8.15. Committed at – Children’s Court, Sydney – 19.7.15.
I am directed to inform you that the Attorney General has declined to proceed further against the accused in the case named in the margin, which was not proceeded with at the sittings of the Central Criminal Court which commenced on the 30th August ultimo.
As the accused has been sentenced to six (6) months imprisonment with hard labour on each of five other charges (sentences to be concurrent) it is desired that you will be good enough to cause him to be informed of this decision and also issue the necessary instructions in order that when the accused has served his present sentences he will not be detained in custody in respect of the charge abandoned by direction of the Attorney General.
I have the honour to be, Sir, your obedient servant.
Under-Secretary.
2
Depositions of Witnesses.
New South Wales, Sydney
TO WIT. }
The examination of John Lane of Canterbury in the State of New South Wales, Sergeant of Police, John Clarke of William Street, Canterbury in the said State, school boy, Keith Alexander Cameron of Canterbury in the said State, school boy, and Richard Clarke of William Street, Canterbury, in the said State, property owner taken on oath this 19th day of July, in the year of Our Lord one thousand nine hundred and fifteen at the Children’s Court, Sydney in the said State, before the undersigned, a Special Magistrate for the Metropolitan Police District and one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of George Francis Byrne, who was charged this day before me for that he the said George Francis Byrne on the 1st day of December, in the year of Our Lord one thousand nine hundred and twelve at Canterbury, in the said State, did indecently assault John Clarke, a male person.
3
C.C.
George Byrne, 20, NSW. C.
On the 1st day of December, 1912 at Canterbury, in the State of New South Wales, he did indecently assault John Clarke, a male person.
Mr Bathgate appears for the prosecution.
Accused appears in person.
John Lane on oath states:– I am a Sergeant of Police stationed at Canterbury. At about 10 am on the 13th instant I saw accused in the exercise yard at Burwood Police Station. I placed him in a line with six other men for identification. He was identified by the boy Clarke and the boy Keith Alexander Cameron. I subsequently charged accused with the present charge. He made no reply.
No questions.
[Signed] John Lane.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] TH Wilkinson, SM.
4
This Deponent on oath states:– My name is John Clarke. I am 15 years old. I am a school boy. I go to Cleveland Street High School. I live with my parents in William Street, Canterbury. On the 1st December, 1912 I was with James McAdam and Keith Cameron in the bush at the back of Waugh’s paddock off Wardell Road, Canterbury at about 11 am. I had been for a swim. A man came up to me carrying a big stick in his hand. Accused is the man. He said “You’ve been fighting.” He caught hold of me and took me down into the bush off the track. I said “We weren’t fighting and struggled to get away. He took me a couple of hundred yards off the track. He undid the back of my trousers. He pulled them down over my knees. He then undid his trousers. I was standing when he undid his trousers. He then put me down on the ground on my stomach. He then got on top of me. He took out his person and put it into my bottom. He was jerking up and down. He stayed on for about five minutes. I felt something wet down where he had his person. He got up and did up his trousers. I had a new kind of braces on and asked him to do up my trousers which he did. About two minutes after I left accused I saw my father. I told my father something. I did not tell him everything. He seemed to understand what accused had done.
[Signed] John Clarke.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] TH Wilkinson, SM.
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This Deponent on oath states:– My name is Keith Alexander Cameron. I am 14 years old. I will be 15 in September. I am a school boy. I live at Canterbury with my parents. On a Sunday in December 1912 I was with Jim McAdam and Jack Clarke. We saw a man who had a stick in his hand. Accused is the man I saw. He said to Jack Clarke “You’ve been fighting.” Clarke said “We haven’t.” Accused took Jack into the bush. Jack tried to get away. Accused said to Jack Jim McAdam and I, “If you stay here it will be the worst for you.” I went and told Mr Clarke. I went with Mr Clarke back to the bush and saw Jack coming out of the bush.
No questions.
[Signed] Keith A Cameron.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] TH Wilkinson, SM.
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This Deponent on oath states:– My name is Richard Clarke. I am a property owner. I live in William Street, Canterbury. On the 1st December 1912 Keith Cameron came to my house and told me something. I accompanied him to the bush at Canterbury and saw my son Jack coming out of the bush at about half past eleven. He told me that a young man got hold of him and dragged him into the bush, threw him down, pulled his trousers down and laid on him for just a little while. He said that the man allowed him to get up and he came away. He told me that he threatened to kill him if he cried out. My wife showed me Jack’s trousers two hours later. The fork of his trousers was wet and stained. They were slimy looking stains. I went before the Police and they searched for the man.
To Bench: I never saw accused till this morning.
[Signed] Richard Clarke.
Taken and sworn at the Children’s Court, Sydney, this 19th day of July 1915 before me.
[Signed] TH Wilkinson, SM.
7
(F. 2 – “Justices Act, 1902.”)
Statement of the Accused.
State of New South Wales, Sydney
TO WIT. }
George Francis Byrne, (hereinafter called the defendant) stands charge before the undersigned, a Special Magistrate for the Metropolitan Police District and one of His Majesty’s Justices of the Peace in and for the said State, this 19th day of July, in the year of Our Lord one thousand nine hundred and fifteen for that he, the said defendant, on the 1st day of December, 1912, at Canterbury in the said State, did indecently assault John Clarke, a male person, and the said charge being read to the said defendant, and the witnesses for the prosecution, John Lane of Canterbury in the said State, Sergeant of Police. John Clarke of William Street, Canterbury in the said State, school boy, Keith Alexander Cameron of Canterbury in the said State, school boy, and Richard Clarke of William Street, Canterbury, property owner, being severally examined in his presence, and (he having stated that he does not desire the depositions of the said witnesses to be again 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 have nothing to say.” [Signed] George Francis Byrne.
Taken before me and read over to the said defendant at the Children’s Court, Sydney, in the said State, the day and year first above mentioned.
[Signed] TH Wilkinson, SM.
8
G. 190.
New South Wales, Sydney
TO WIT. }
REX.
versus
George Francis Byrne
Offence,— Indecently assault John Clarke, a male person.
The accused stands committed to take his trial at the next Court of Central Criminal Court to be holden at Sydney, in the State of New South Wales, on the third thirtieth day of August 1915, or at such other Court to be holden at such place and time as the Attorney-General may appoint. Bail allowed the accused in £ and two sureties in £ each, or one in £ Bail refused.
[Signed] TH Wilkinson, SM
JP.
Dated at the Police
Office, Children’s Court, Sydney
in the said State,
this nineteenth
day of July
AD 1915.
4g 416 - 88
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“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Sydney
To Wit. }
Be it remembered, that on the 19th day of July, in the year of Our Lord one thousand nine hundred and fifteen John Lane a Sergeant of the Police Force, stationed at Canterbury in the State of New South Wales, Richard Clarke of Canterbury in the said State, property owner and the said Richard Clarke as surety for John Clarke his son, school boy, of Canterbury, 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.
Taken and acknowledged, the day and year first abovementioned, at Sydney in the said State, before me.
[Signed] EA Prior, JP.
The condition of the within written Recognizance is such, that whereas one George Francis Byrne was this day charged before TH Wilkinson, Esquire, a Special Magistrate for the Metropolitan Police District constituting a Children’s Court under the “Neglected Children and Juvenile Offenders Act, 1905 ” and one of His Majesty’s Justices of the Peace for the said State, for that he did indecently assault John Clarke, a male person.
If, therefore, they the before mentioned persons shall appear at the next Central Criminal Court, to be holden at Sydney in and for the State of New South Wales, on Monday the 30th day of August 1915, 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 George Francis Byrne, for the offence aforesaid, to the jurors who shall pass upon the trial of the said George Francis Byrne.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] EA Prior, JP.
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[On the depositions’ cover sheet is the following]
Central Criminal Court,
Sydney.
30 August 1915
AG’s No. 15/165
Depositions.
CS’s No. 12
Rex
v.
George Francis Byrne
Indecent assault on a male person
Committed at: Children’s Court, Sydney
on: 19th July 1915
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Court. -----
Date. -----
Cor. ----- Judge.
Plea. -----
Verdict.
Judgment. -----
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Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.
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Legal aid refused
30.7.15
Buggery
[Initial illegible]
Approved
[Initialled] DRH
Attorney General
27-7-‘15
Depositions returned
27.7.15
The accused in this case has pleaded guilty to five other charges of a similar nature. Under ordinary circumstances I should have recommended no further (proceeding ?) to be taken. Not as the extraordinarily lenient sentence of 6 months H[ard] L[abour] in each case concurrent was passed I think it proper to ask the Attorney General for his directions in this matter. If the Attorney General reads the deps [sic–depositions] in the other cases he will see that the crimes are spread over a period of two years – & that they were committed with every circumstance of deliberation. The accused has also admitted that he has committed the offence at least fourteen times.
[Initialled] HH.
2 Sept 1915
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The sentence of 6 months passed in the other cases certainly seems inadequate, but the whole matter was before the Judge, including accused’s admission as to other offences. Consequently it would be scarcely possible for the Judge to pass a sentence cumulative upon the sentences already passed, even if this case were proceeded with. I therefore cannot recommend further proceedings upon this charge.
[Initialled] CAW
17:9:1915
Submitted [Initialled] JL NS 17.9.15
I concur
[Initialled] DRH
20.9.15
The Sheriff
[Signed] G (?)
20.9.15
Depositions returned
[Signature illegible]
20.9.15
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Justice RM Sly’s notebook 17
37
[Central Criminal Court, Sydney] 30 August 1915
Rex v George F. Byrne –
1st July 1915 at Canterbury – (?)
18 (?) (?) (?) (?)
Plea – guilty.
(?) (?) (4 ?) (?) (character ?) not to (hear ? know ?) of (?) these offences.
Speaks highly of him.
Remanded for sentence
19 July. No signs of insanity – intelligence not of a high order – inarticulate for my (questions ?) – few were of intelligence.
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The Daily Telegraph, Mon 30 Aug 1915 19
LAW NOTICES.
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Monday, August 30.
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CENTRAL CRIMINAL COURT.
Joseph Alexander Hamilton, murder; George Francis Byrne, criminal offence.
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The Sydney Morning Herald, Tue 31 Aug 1915 20
CENTRAL CRIMINAL COURT.
(Before Mr Justice Sly and a jury.)
Mr Herbert Harris, Crown Prosecutor.
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SERIOUS ASSAULTS.
George Francis Byrne, 25, pleaded guilty to five charges of serious assaults, and was sentenced to six months’ hard labour on each charge, the terms to be concurrent. His Honor said that he took a lenient view of the case on account of the good character previously borne by the prisoner.
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George Francis Byrne, Gaol photo sheet 21
![SRNSW: NRS2467, [3/6090], State Penitentiary photographic description book, 2 Jul 1915-7 Oct 1915, No. 14552, p. –.](../../images/trials/1915-Byrne-6090-gaol-photo-14552.jpg "SRNSW: NRS2467, [3/6090], State Penitentiary photographic description book, 2 Jul 1915-7 Oct 1915, No. 14552, p. –.") |
Gaol Photo Sheet - Transcribed Details
No. 14552
Date when Portrait was taken: 31-8-1915
Name: George Francis Byrne
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Native place: Redfern NSW Year of birth: 30-4-1890 Arrived Ship: Trade or occupation Religion: RC Education, degree of: R & W Height: 5' 6⅝" Weight On committal: 137 Colour of hair: Brown Colour of eyes: Blue |
Marks or special features: Scars on inside heel of left thumb, on right side of throat on right side of nose |
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(No. of previous Portrait ... ) CONVICTIONS |
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Where and When |
Offence. |
Sentence |
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Sydney Gaol D |
30 |
8 |
1915 |
Sodomy (5 charges) |
6 months HL on each charge. |
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The Sydney Morning Herald, Tue 29 Jan 1918 22
RETURNING SOLDIERS.
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BY STEAMER “P.”
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The following men from the first and second military districts have been listed for return to Australia, and are actually en route from abroad. No further information can be supplied, except the approximate time of arrival, which will be published shortly before disembarkation:—
New South Wales.
…
Pte George Francis Byrne. 23
1 SRNSW: NRS880, [9/7200], Supreme Court, Papers and depositions, Sydney, 1915, No. 160. Emphasis added.
2 Mn: Rex versus George Francis. Offence indecent assault on a male person. (John Clark [sic]) Court. Central Criminal Court – 30.8.15. Committed at Children’s Court, Sydney – 19.7.15
3 Mn: Attendance countermanded 11.8.15
4 Two ‘Subpoenas’, * each of them signed by different persons, were found in the file these have been combined into one.
5 Mn: Attendance Dispensed with
6 Mn: Exhibit “A”
7 SRNSW: NRS880, [9/7200], Supreme Court, Papers and depositions, Sydney, 1915, No. 161. Emphasis added.
8 Mn: Exhibit “1”
9 Mn: Exhibit “A”
10 Mn: Exhibit “2”
11 SRNSW: NRS880, [9/7200], Supreme Court, Papers and depositions, Sydney, 1915, No. 162. Emphasis added.
12 SRNSW: NRS880, [9/7200], Supreme Court, Papers and depositions, Sydney, 1915, No. 163. Emphasis added.
13 SRNSW: NRS880, [9/7200], Supreme Court, Papers and depositions, Sydney, 1915, No. 164. Emphasis added.
14 SRNSW: NRS880, [9/7200], Supreme Court, Papers and depositions, Sydney, 1915, No. 165. Emphasis added.
15 Mn: Rex versus George Francis Byrne Offence indecently assault on a male person. (John Clarke) Court. Central Criminal Court – 30.8.15. Committed at Children’s Court, Sydney – 19.7.15
16 Mn: Rex versus George Francis Byrne
17 SRNSW: NRS7683, [7/9904], Judiciary, RM Sly, J. Notebooks Criminal (including Circuit Criminal), 1898-1919, p. 37.
18 Mn: 29 Jan 15, 24 Sep 13, 29 Jun 15, 12 Jan 15, 1 Jul 15
19 The Daily Telegraph, Mon 30 Aug 1915, p. 4. Emphasis added.
20 The Sydney Morning Herald, Tue 31 Aug 1915, p. 4.
21 SRNSW: NRS2467, [3/6090], State Penitentiary photographic description book, 2 Jul 1915-7 Oct 1915, No. 14552, p. –.
22 The Sydney Morning Herald, Tue 29 Jan 1918, p. 9.
23 To view the digitised WWI service record (service number 4781, barcode 3179492) of George Francis Byrne go to www.naa.gov.au.