Depositions for Frederick Bennett 3 Dec 1934 Sydney trial 1
1
NEW SOUTH WALES POLICE.
Metropolitan District,
No. 4 Station,
30th November, 1934.
Report relevant to antecedents of:–
Name: Frederick Bennett, [aka] Frank Mitchell
Offence: Indecent assault on a male.
Committed for trial at: Sydney Quarter Sessions.
Date: 3rd December, 1934.
I beg to report that the following conviction is recorded against the defendant at the Central Police Court. 15.5.25. Vagrancy. One month hard labour.
Accused is a single man, 39 years of age, a native of New South Wales, if of the vagrant class frequenting the Government Domain, associates are not known to me. When arrested the accused was residing at 60 Yurong Street, Sydney.
[Signed] William [Thomas Cameron] Fraser.
Constable 3388.
2
[Envelope marked as follows:]
Rex v Bennett
Sydney Quarter Sessions, 3/12/34
Exhibits 1
3
[Handwritten statement following]
Stanley Streets, 1925. Image: NSW State Library collection.
Reproduction: Peter de Waal
My name is Fred Bennett, I am 39 years age 39 age and I reside at 60 Yurong Street, East Sydney. I have been told by the police that I am going to be charged with indecently assaulting a male person and I wish to make this statement. I first met the boy near the domain gates the boy asked me the time and I then walked along with me towards the bath, when it came on to rain and we sat near some rocks for a while but as there was not much shelter I proposed we go underneath the boatshed for better shelter, and just as we got down the police came along, and we were both arrested, and while under the boatshed the boy was sitting together alongside of me, the boy made water a few yards away and was arranging his trousers when the. I then took the boy’s person out of his trousers, and caused it be in a state of erection by rubbing it, my own was partly in a state of erection, but I did not have it exposed. I cannot explain why I should do such a thing.
I have made this statement of my own free will. And no inducement has been held out to me by any person to make it, and it is true in every way.
[Signed] Fred Bennett
6th November 1934
Witness: [Signed] CA Robinson
Detective Constable 6/11/34
4
Petty Sessions Office, Water Police Office.
Sydney 13th November 1934
1934/31
Rex v. Frederick Bennett
Offence indecent assault on a male person.
Depositions and the other documents in the case of the above-name accused, who has been committed to take his trial at the Court of Quarter Sessions to be held at Sydney on the 3rd day of December, 1934 are forwarded herewith.
The accused is confined in the gaol at Long Bay.
BAIL WAS ALLOWED Self and one surety in £100 each or two in £50 each.
The witnesses bound over are
William Thomas Cameron Fraser of No. 4 Station Constable.
Donald George Telford of No. 4 Station Constable.
Langlow Burnett Field of 82 Verdun Street, Bexley, Groundsman.
Raymond Stanley Brennan of 665 King Street, St Peter’s, Schoolboy.
The exhibits enclosed are as set out on the record attached and have been disposed of in the manner set out thereon.
[Signature illegible]
Clerk of Petty Sessions.
The Under-Secretary of Justice.
NB—When a police constable acts as Clerk of Petty Sessions, this communication should be signed by one of the committing Magistrates.
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RECORD OF EXHIBITS.
Police versus Frederick Bennett
Offence Indecent assault
One statement envelope attached to paper.
[Signed] C Fegan.
Deposition Clerk, Water Police Court.
(Children’s Court.) 13 November 1934.
6
Depositions of Witnesses.
(To accompany all cases of committal for trail.)
Photo: Peter de Waal
State of New South Wales,
TO WIT. }
The examination of William Thomas Cameron Fraser of No. 4 Police Station in the said State Constable of Police.
Donald George Telford of No. 4 Police Station, Constable of Police.
Langlow Burnett Field of 82 Verdun Street, Bexley, groundsman.
Raymond Stanley Brennan of 65 King Street, St Peter’s, schoolboy.
Taken on oath this 13th day of November 1934, at the Children’s Court, in the said State, before the undersigned, one of his Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of Frederick Bennett (hereinafter called the accused) who is charged before me for that he the said accused on the 6th day of November in the year of our Lord one thousand nine hundred and thirty four at Sydney in the said state, did commit an indecent assault on a male person, one Raymond Stanley Brennan.
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CC2
FREDERICK BENNETT, 39
Indecent assault on a male person.
Police prosecutor. Constable McKeown.
Defendant in person.
WILLIAM THOMAS CAMERON FRASER
sworn states.
I am a Constable of Police stationed at No. 4, about 1.30 pm on Tuesday the 6th of November 1934 in response to a phone message in company with Constable Telford I went to Sydney Domain near the Sydney Rowing Club boatsheds, I saw a man by the name of Field who told me something, I then went through the Domain bath and on to a vacant allotment near the bath and shed, I looked underneath the boatshed and sitting in the corner on the rocks I saw the defendant and the boy I know now as Raymond Brennan, the boy was, he appeared to be lying down, he was in a sitting position, lying against the rock with his feet stretched out, his fly was undone and his person exposed, the boy, I saw the defendant place his hand on the boy’s person and then take it away, he then caught hold of the boy’s hand but I could not see what he did, he then caught hold of the boy’s person again and appeared to speak to the boy.
I then saw the defendant move his hand up and down the boy’s person I got up from where I was walked through the boatshed and saw Constable Telford lying on a rock, I spoke to him, he told me something, we both went down over the rocks under the
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shed to where the defendant and the boy were.
I caught hold of the boy Brennan and lifted him down off the rock which was about four feet high, the defendant was still on the rock, I pulled the boy’s overcoat aside, his fly was undone and his person exposed and in an erect position, I said to the boy “Why have you got your fly undone” he said “the man did it.”
I then asked passed him over to Constable Telford, I caught hold of the defendant and after getting down from where he was I said to him “You have heard what the boy said, what have you to say about it.”
He said “Nothing, the boy made water only a few moments ago.”
I then looked down and saw the defendant had his fly undone and I could see that he had an erection, although his person was not exposed.
They were both conveyed to the police car and later to No. 4 Police Station.
I said to the defendant “What have you got to say in reference to being under the shed with this boy?”
He said, “It was raining and we got under there for shelter.”
I said, “I am going to ask you certain questions regarding the matter which you are not obliged to answer unless you wish to do so but anything you say may be used in evidence.”
I said, “How long have you known this boy?”
He said, “I did not know him until you came, the first time I have been with him.”
I said, “I saw you interfering with the boy under the shed, what have you to say about that?”
He said, “Nothing.”
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I said, “Do you wish to make a statement regarding the whole affair?”
He said, “Yes.”
He then wrote the statement produced.
STATEMENT TENDERED AND MARKED EXHIBIT 1 SHEWN TO THE DEFENDANT.
I said to the defendant, “Have you ever suffered from VD?”
He said, “Yes, I have about twelve years ago but think I am cured now. Perhaps it is that that caused me to do this today.”
I said, “You have been seen in the Domain on several occasions by workmen and one man has seen you on three occasions with other boys, and has followed you out of the Domain so that no harm could come to them.”
The defendant made no reply.
He as later charged with the present charge to which he made no reply.
BY DEFENDANT.
No questions.
READ AND ADHERED TO.
[Signed] William Fraser, 13.11.34.
Taken and sworn at Children’s Court, Water Police Office, Sydney this 13th day of November 1934 before me,
[Signed] DW Reed, Special Magistrate.
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DONALD GEORGE TELFORD.
Sworn states.
I am a Constable of Police stationed at No. 4.
About 1.30 pm on the 6th November 1934, in response to a message with Constable Fraser I proceeded to the Government Domain near the Sydney Rowing Club Boatsheds.
I there saw a man named Field. He told me something, with Constable Fraser went towards the Domain Bath and I took up a position on the left hand side of the clubhouse. I laid down on the rock. And looked underneath, I saw the defendant and the boy sitting on the rocks, about six feet away, the boy was leaning back and had his legs apart, his fly was open and his person exposed.
The defendant placed his hand on the boy’s person, he then took it away and caught hold of the boy’s hand and placed it on his own thigh near his own person, the defendant.
The defendant’s fly was undone and his person erected. I could not see his penis. He then took hold of the boy’s person again and commenced to move his hand up and down. I was then joined by Constable Fraser, the defendant looked up and saw me, he said to the boy, “Cover it up, there is someone coming.” Constable Fraser and I then climbed down the rocks under the shed where the defendant and the boy were sitting.
Fraser said to the defendant, “What are you doing here?” He said, “Nothing. We only came in out of the rain.” Fraser then pulled the boy’s coat aside, his person was showing, his fly was undone, Fraser said, “What are you doing with your fly undone?” the boy then commenced to cry and pointing to the defendant said, “The man undid it.” I then took the boy to the police car and was joined by the defendant and Fraser. I then drove them to No. 4 station. We were both in plain clothes.
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We went under the sheds. Fraser said “We are police, what are you doing here?”
BOY BROUGHT INTO COURT
That is the boy referred to.
BY DEFENDANT.
No questions.
READ AND ADHERED TO.
[Signed] Donald G Telford.
Taken and sworn at Children’s Court, Water Police Office, Sydney this 13th day of November 1934 before me, [Signed] GW Reed, Special Magistrate.
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LANGLOW BURNETT FIELD
sworn states.
I am a groundsmen employed by the Department of Agriculture, I look after a section of the Domain known as Lady Macquarie Chair.
I live at 82 Verdun Street, Bexley. About 1 pm the 6th November 1934 I noticed the defendant and the boy.
BOY BROUGHT INTO COURT.
That is the boy.
They were coming from the Botanical Gardens gate leading towards the bath.
They were walking side by side.
I saw the defendant walk down the path towards the Rowing Club and turn to the bath with the boy, he then sat under a tree and the boy went into Domain Kiosk.
A few minutes later he returned with an ice cream in his hand.
He joined the defendant, they both got up, and walked behind a cliff of rocks, where they both sat down on the grass.
The defendant placing his hand on the fleshy part of the boy’s leg, I noticed the defendant undo his fly, his own.
I then beckoned to one of my workmates, in the meantime keeping the defendant under observation, I told my mate something.
The defendant and boy sat there a few minutes, and then they arose and walked towards the Rowing Club, at that moment I spoke to Constable Fraser, I pointed out they were going down the steps through the gate.
I saw Fraser go down to the bath and Constable Telford went down the steps, I saw Fraser come down with the defendant and the boy. I have noticed the defendant about six weeks prowling around the Domain. Prior to this I saw him about a fortnight ago with a boy of tender years, they were walking towards Lady Macquarie’s Chair. I have seen him on three occasions with
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other boys.
I have spoken to my superior officer and the police after I have seen this man with boys.
I did not see anything apart from him touching the boy’s leg.
BY DEFENDANT.
No questions.
READ AND ADHERED TO.
[Signed] Langlow Burnett Field.
Taken and sworn at Children’s Court, Water Police Office, Sydney this 13th day of November 1934 before me, [Signed] DW Reed, Special Magistrate.
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BOY Roy Brennan is called into Court.
BOY STATES he is 13, goes to school, knows the Bible is God’s book, knows he is bound to tell the truth and will be punished if he does not.
RAYMOND STANLEY BRENNAN.
Sworn states.
I am thirteen years of age, I was thirteen on the 6th August last. I live with parents at 665 King Street St Peter’s.
I am a schoolboy attending St Benedict’s Church, George Street West.
I have been playing truant the last six weeks.
I am in 3rd class.
I am backward at school.
On the 6th November 1934 I left home for the purpose of going to school. I went on in the tram to Circular Quay. I went into the gardens and had a look at the birds. I went for a walk on the sea wall and saw the defendant. He asked me a good tip for the Melbourne Cup. I spoke to that man sitting there. (POINTS TO DEFENDANT).
I said I was not interested in the races, I said “Father said Peter Pan was a good one.”
Image: NSW State Library collection. Reproduction: Peter de Waal
He said, “Hallmark has a good chance.” He felt my leg and said I had a big leg for my age.
I said nothing.
We then went to a seat, I did on my own.
I was sitting there when the man came over to me.
It started to sprinkle rain and defendant said, “I know where there is a better place for shelter.”
I said, “Where abouts?”
He said it was near the Domain Bath.
We then both went past the shop, he told me to get two ice creams, he gave me 3d. I got the two, penny ones they were,
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I came to where he was. He gave me one. I gave him the penny change.
We sat on the grass, he was there too.
He sat down too, he felt my leg again. It started to rain again, he took me down to the boatshed, he then removed my coat and undone my fly, we were sitting down, I had had my overcoat on he pulled my person out.
He started to work it up and down several times.
He pulled my hand over his leg, his thigh.
I tried to pull my hand away, he said, “Cover it over someone is coming.”
I turned round and saw Constable Fraser and Constable Telford.
When he said “Cover it over,” I put it back in my trousers and covered it with my coat.
The police asked me my name and address. I told them. They took me to the police station then.
When they came up to me they did nothing to my coat.
They just asked me my name and address.
When the police were there, my trousers were open, my fly was, I don’t remember if the police saw my person.
LOOKS AT CONSTABLE FRASER.
I don’t remember him doing anything.
BY DEFENDANT.
No questions.
READ AND ADHERED TO.
TO BENCH.
The man said nothing to me about my person when he rubbed it up and down. I don’t remember him saying anything.
READ AND ADHERED TO.
[Signed] R Brennan.
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Statement of the accused.
State of New South Wales.
TO WIT. }
(Justices Act, 1902.)
(Section 41.)
Frederick Bennett, 39, (hereinafter called the accused), stands charged before the undersigned, one of his Majesty’s Justices of the Peace in and for the said State, this 13th day of November, 1934, for that he, the accused, on the 6th day of November, 1934, at Sydney in the said State did commit an indecent assault on a male person, one Raymond Stanley Brennan.
And the said charge being read to the accused, and the witnesses for the prosecution being severally examined in his presence, and he having stated that he does not desire the depositions of the said witnesses to be read to him, the accused 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 accused saith as follows:–
I wish to apply for a bond and wish to take the pledge. I reserve my defence to this charge. I do not want to give evidence now or call witnesses.”
[Signed] Fred Bennett
Taken before the undersigned Justice and read over to the said defendant at Sydney in the said State, the day and year first above mentioned.
[Signed] BW REED, Special Magistrate
The accused committed for trial at the Court of Quarter Sessions to be holden at Sydney on the 3rd day of December 1934, or at such other court to be holden at such place and time as the Attorney-General may appoint. Bail allowed, accused in £100 with two sureties in £50 each or one in £100.
Dated at Sydney on the day first above mentioned.
Informed of PP Defence Act.
[Signed] BW Reed Stipendiary Magistrate.
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“Justices Act, 1902.”
Recognizance of Witnesses to give evidence at Court of Quarter Sessions or Gaol Delivery.
State of New South Wales, Sydney
TO WIT. }
Be it remembered, that on the 13th day of November 1934. WILLIAM THOMAS CAMERON FRASER of No. 4 Police Station, Sydney, Constable.
DONALD GEORGE TELFORD of No. 4 Police Station, Sydney Constable.
LANGLOW BURNETT FIELD of 82 Verdun Street, Bexley, groundsman.
Library collection. Reproduction: Peter de Waal
RAYMOND STANLEY BRENNAN of 665 King Street, St Peter’s, schoolboy.
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 £40 each, of good and lawful money of Great Britain, to be made and levied of their goods and chattels, lands and tenements, to the use of our said Lord the King, his Heirs and Successors, if they the said before mentioned persons shall fail in the conditions endorsed hereunder.
The conditions of the within written recognizance is such, that whereas Frederick Bennett, (hereinafter called the defendant) was this day charged before BW Reed, Esquire, one of his Majesty’s special Magistrates for the said State, with indecent assault upon a male person.
If therefore, they the aforementioned persons shall appear at the next Court of Quarter Sessions to be holden at Sydney in and for the State of New South Wales on Monday the 3rd day of December 1934, at 10 of the clock in the forenoon, or at such other court, to be holden at such time and place as the Attorney-General may appoint, of which such last mentioned courts each of them shall receive due notice, and then and there give such evidence as they know, upon an information to be then and there preferred against the said defendant for the offence aforesaid, to the jurors who shall pass upon the trial of the said defendant, then the said recognizance to be void, or else to stand in full force and virtue.
(Signatures of persons bound over.)
[Signed] William Fraser, Donald G Telford, Langlow B Field, R Brennan.
Taken and acknowledged the day and year first abovementioned at Sydney in the said State, before me. [Signature illegible], JP.
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Charge Case No. 2
For hearing at the Central Police Court, on the 6th day of November 1934.
Form No. 4 Police Station
Name, occupation and age of defendant.
FREDERICK BENNETT, 39, labourer.
Date and hour of apprehension: 6/11/34, 2 pm charged 3:5 pm.
Name of apprehending officer: Detective Constable First Class Robinson, Constables Fraser and Telford.
In Charge Book signed, name and address of person signing it: Not signed.
Act and Section under which charge laid: 40/1900 Section 81.
Offence: On the 6th day of November, 1934, at Sydney, did commit an indecent assault on a male person named Roy Brennan.
PROSECUTOR CONSTABLE ALLEN.
Police application:–
Defendant is remanded to appear at the Children’s Court, Water Police Court 13th November 1934 at 10 am.
Bail not applied for.
[Signed] JH Shepherd, SM.
Central Police Court, Sydney 7 November 1934 PM.
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The Sydney Morning Herald, Sat 1 Dec 1934 2
LAW NOTICES.
———
Monday, December 3.
…
QUARTER SESSIONS.
…
No. 2 Court.—Gordon Trafford Toland and Charles Thomas Toland, break, enter, and steal (for plea only); Ernest Maurice Bolin, robbery (for plea only); Henry Edwards, stealing (for plea only); Frederick Bennett, indecent assault (for plea only); Arthur John Newton, being in company assault with intent to rob (for plea only); Kenneth Tracey Howden, stealing (for plea only); Lawrence Edward Kable and John Napier, break, enter, and steal; Thomas Leonard Davey, demand money with menaces; Arthur Edward Horton, break and enter with intent to steal; Michael John Ledwidge, break, enter, and steal.
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The Sydney Morning Herald, Mon 3 Dec 1934 3
LAW NOTICES.
———
Monday, December 3.
…
QUARTER SESSIONS.
…
No. 2 Court.—Gordon Trafford Toland and Charles Thomas Toland, break, enter, and steal (for plea only); Ernest Maurice Bolin, robbery (for plea only); Henry Edwards, stealing (for plea only); Frederick Bennett, indecent assault (for plea only); Arthur John Newton, being in company assault with intent to rob (for plea only); Kenneth Tracey Howden, stealing (for plea only); Lawrence Edward Kable and John Napier, break, enter, and steal; Thomas Leonard Davey, demand money with menaces; Arthur Edward Horton, break and enter with intent to steal; Michael John Ledwidge, break, enter, and steal.
~ ~ ~ ~ ~
The Sydney Morning Herald, Tue 4 Dec 1934 4
QUARTER SESSIONS.
(Before Judge Curlewis and juries.)
Crown Prosecutor, Mr LJ McKean, KC, (instructed by the Clerk of the Peace.)
PRISONERS SENTENCED.
The following who pleaded guilty on arraignment were sentenced:—
…
Frederick Bennett, 39, no occupation, indecent assault, 12 months’ hard labour.
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Frederick Bennett, Gaol photo sheet 5
![SRNSW: NRS– [17/1512], State Penitentiary photographic description book, 10 Oct 1934-21 Feb 1935, No. 28620, p. –.](../../images/trials/1934-Bennett-1512-gaol-photo-28620.jpg "SRNSW: NRS– [17/1512], State Penitentiary photographic description book, 10 Oct 1934-21 Feb 1935, No. 28620, p. –.") |
Gaol Photo Sheet - Transcribed Details
No. 28620
No. 141/107
Date when Portrait was taken: [4-12-1934]
Name: Frederick Bennett
(aka Frank Mitchell)
|
Native place: Moree Year of birth: 1-12-1895 Arrived Ship: Trade or occupation Religion: C. of E. Education, degree of: R. & W. Height: 5' 6⅛" Weight On committal: 133 Colour of hair: Brown Colour of eyes: Brown |
Marks or special features: Nil |
|
(No. of previous Portrait ... ) CONVICTIONS |
|||||
| Where and When | Offence. | Sentence | |||
|
Central PC Sydney Q.S |
15 3 |
5 12 |
1925 1934 |
Vagrancy Indecent assault on a male person |
1 month H.L. 12 months H.L. |
1 SRNSW: NRS856, [10/38362], Depositions and other papers, Sydney Quarter Sessions, 1934, No. 834.
2 The Sydney Morning Herald, Sat 1 Dec 1934, p. 14. Emphasis added.
3 The Sydney Morning Herald, Mon 3 Dec 1934, p. 5. Emphasis added.
4 The Sydney Morning Herald, Tue 4 Dec 1934, p. 6.
5 SRNSW: NRS– [17/1512], State Penitentiary photographic description book, 10 Oct 1934-21 Feb 1935, No. 28620, p. –.