Below also see: Beverley Fettell, 1944
Depositions for Felix Sharkey and Beverley Fettell 1 Feb 1938 Sydney trial 1
1
Petersham Police Station,
24th January, 1938.
Inspector Terry, Petersham.
Subject:—Detective Sergeant 3rd class DL Williams applying for 14 days’ leave of absence from 7.2.38 to 20.2.38. Cases pending at Sydney Quarter Sessions.
Reference:—Nil.
I beg to report that I have made application for 14 days’ leave of absence commencing on 7.2.38 and expiring on 20.2.38.
On the 14th instant, in company with other police, I arrested Felix Sharkey and Beverley Fettell for indecent assault on a male person. They duly appeared before Mr Stobie SM at Newtown Police Court on the 14th instant and were committed to stand their trial at the Sydney Quarter Sessions commencing 1st February, 1938. In these cases I gave evidence. It had been intimated by the accused that they intend to plead guilty at their trial. Perhaps this report might be forwarded for the information of the Clerk of the Peace.
[Signed] D[avid] L[yndon] Williams, Detective Sergeant 3rd Class.
Superintendent Prior
Criminal I Branch
Forwarded for information of the Clerk of the Peace.
[Signature illegible], Inspector 3rd Class, Petersham 24/1/38.
2
[Brown envelope with the following information below]
Rex v Felix Sharkey and anor
Sydney Quarter Sessions, 1/2/38
Exhibits 1 and 3.
3
Exhibit No. 1 Police v Fettell Sharkey, indecent assault and escape custody.
Police Court, Newtown, 21.1.38.
Marrickville Police Station,
14th January, 1938.
I left home at about a quarter to 8 tonight, I walked down to the bottom of Taverner’s Hill into the Petersham Park. I went into the gents lavatory, I came out and then walked up to the street. I was out of the lavatory about ten minutes. I went back into the lavatory and there was a young chap standing in there I spoke to him, I don’t know what I said to him. He showed me his penus, [sic] it was in a state of erection, with that I put my lips to it. I was leaving the lavatory by the door when I was accosted by the police. That is the lot.
[Signed] F[elix] Sharkey.
Question. Have you read the statement.
Answer. Yes.
Question. Have you made this statement of your own free will.
Answer. Yes
Question. Has any inducement, threat or promise been held out to you to make this statement.
Answer. No
Question. Were you cautioned before making this statement that you were not obliged to do so unless you so desired as anything you did say would be taken down in writing and may be used in evidence.
Answer. Yes
Question. Do you know the name of the man you referred to in your statement.
Answer. No
Question. Have you seen him before.
Answer. No
[Signed] F Sharkey.
Witness.
DL Williams, Detective Sergeant 3rd Class.
Date. 14th January, 1938.
Place. Petersham Police Station.
5
Petersham Police Station.
15th January, 1938. 12.40 am.
I left home at about a quarter to 8 on Friday night last, I went down to the Oriental milk bar and I was talking to some of the boys there until about half past 8, then I walked down to Petersham Park. I went in to the convenience to pass water, while I was in there another fellow came in and said; “It is cooler tonight.” I think that is what he said, or something to that effect. He walked over behind me and took my person and put it in his mouth. I turned around to come out and I met some policemen at the door. I walked up to the police station with the police and when I got in front of the police station I run. I walked around until about 20 to 12, I think it was and I came home and went to bed downstairs, that is all there is.
[Signed] B[everley] Fettell.
Question. Have you read this statement.
Answer. Yes
Question. Had any inducement, threat or promise been held out to you to make this statement.
Answer. No
Question. Were you cautioned before making this statement, that you were not obliged to do so unless you so desired as anything you did say would be taken down in writing and may be used in evidence.
Answer. Yes
Question. Do you know the name of the other man who was in the lavatory with you, to-night.
Answer. No
Question. Have you seen him before.
Answer. No
Question. Why did you run away to-night.
Answer. I was afraid.
[Signed] B Fettell.
Witness. DL Williams, Detective Sergeant 3rd Class, 15.1.38.
Place. Petersham Police Station.
6
Recognizance to Appear and Receive Sentence.
(After Conviction At Quarter Sessions.)
New South Wales,
TO WIT. }
Be it remembered, that on the 1st day of February 1938, Beverley Fettell of 70 Audley Street, Petersham, in the said State of New South Wales, wood machinist (hereinafter called the accused), Beverley Fettell senior, of 70 Audley Street, Petersham, in the said State, labourer of said State, personally came before me, the undersigned, one of his Majesty’s Justices of the Peace for the said State, and severally acknowledged themselves to owe to our Sovereign Lord the King the several sums following (that is to say); the said accused the sum of £50; and the surety the sum of £50 each, of good and lawful money, to be made and levied of their several goods and chattels, land, and tenements respectively, to the use of our said Lord the King, his Heirs, and Successors, if he the said accused shall fail in the condition indorsed hereunder. The condition of the within-written recognizance is such, that whereas the accused on the 1st day of February, 1938, at the Court of Quarter Sessions holden at Sydney convicted before Selwyn Frederick Betts Esq, Chairman, of the offence of aiding and abetting an indecent assault on a male person, and was thereafter for his said offence duly ordered to enter into a recognizance in the sum of £50, with one surety in the sum of £50 each conditioned that the accused do appear at the said Court of Quarter Sessions holden at Sydney, or at such other place as may be appointed within the said State to receive sentence in respect of the said offence at any time within three years from the said date if called upon to do so, by notice which may be sent by Registered Post to the accused at the address above mentioned or to such other address as he may notify the Clerk of the Peace. And a further condition of the within written recognizance is that the accused will keep the peace and be of good behaviour for the said period of three years.
If, therefore, the said accused do appear within the said period at the said Court of Quarter Sessions to be holden at Sydney aforesaid, or at such other place as may be appointed, to receive sentence in respect of the said offence if called upon to do so, then this recognizance to be void, or else to stay in full force and virtue.
[Signed] B Fettell, Beverley J Fettell.
Taken and acknowledged, the day and year first above mentioned, at Sydney, in the said State, before me,
[Signed] Selwyn F Betts, Chairman of Quarter Sessions.
7
NEW SOUTH WALES POLICE.
Metropolitan District,
No. 11 Marrickville Station,
21st January 1938.
Report relative to antecedents of:—
Name Felix Sharkey.
Offence Indecent assault on a male person.
Committed for trial at Sydney Quarter Sessions.
Date 1st February, 1938.
I beg to report that the accused, Felix Sharkey, is a single man, 32 years of age, a native on New South Wales, and at the time of his arrest was residing at 100 Macauley Street, Leichhardt. He is a tailor or dyer, cleaner and presser by occupation, at present out of employment.
Image: NSW State Library collection. Reproduction: Peter de Waal
This accused was also unknown to me prior to his arrest, but I have since learned that his parents and other members of his family, with whom he is residing, are of good character. The accused has one previous conviction for this class of offence, and from my observations of him on the night of his arrest and from the nature of certain articles found on his person at that time, there appears to be very little doubt that he is in the habit of frequenting these conveniences for the sole purpose of misconducting himself. It may be said in his favour that when being questioned in connection with this offence, he readily admitted having misconducted himself on this occasion. His associates are unknown to me. He was convicted at:—
Central Police Court. 24.10.35. Indecent behaviour. — ordered to enter into recognizance, to be of good behaviour for a period of 12 months. In default 7 days HL.
[Signed] Thomas [Henry] King, Constable.
8
NEW SOUTH WALES POLICE.
Metropolitan District,
No. 11 Marrickville Station,
21st January 1938.
Report relative to antecedents of:—
Name Beverley Fettel. [sic]
Offence Indecent assault on a male person.
Committed for trial at Sydney Quarter Sessions.
Date 1st February,1938.
Image: NSW State Library collection. Reproduction: Peter de Waal
I beg to report that the above-named offender, Beverley Fettel is a single man, 19 years of age, a native of New South Wales, and at the time of his arrest was residing with his parents at 70 Audley Street, Petersham. He has been employed at Wallis Bros, timber merchant, Blackwattle Bay for the past three years as an apprenticed wood machinist. Prior to his arrest he was unknown to me, but I have since learned that he has been residing at the above address for many years. His parents are of good character and are respected residents of this district. The accused himself, up to the present time has borne a good character, but from my observations and from admissions made by him, there appears to be very little doubt that he was aware that conduct of this nature was rather common at the mens lavatory at the Petersham Park and on the night in question, visited that lavatory with the intention of indulging in this type of offence. His associates are unknown to me but he has not been seen or known to associate with other undesirables in this district up to the present time. He has no previous convictions.
[Signed] Thomas King, Constable.
9
Petty Sessions Office,
Newtown, 21st January 1938.
Rex v (a) Felix Sharkey and Beverley Fettell.
(Offence) “indecently assault male person.”
Date of Committal: 21.1.38 No. 1938/11-12.
Depositions and other documents in the case of the above name accused, committed for trial at the (b) Quarter Sessions Court to be held at Sydney on the 1st day of February 1938, are forwarded under separate cover. Bail has been fixed by the court in self in £50 with two sureties in the sum of £25 each, or one surety in the sum of £50 each accused.
The accused have been admitted to bail with the following sureties, viz:—
SHARKEY 100 Macauley Street Leichhardt.
SURETY: Charles Bishop, 78 Macauley Street Leichhardt.
FETTELL: 70, Audley Street Petersham.
SURETY: Beverley Fettell senior, same address. In the amounts stated above.
The witnesses bound over are (e) Thomas Henry King, Constable of Police, Marrickville.
David Lyndon Williams, Detective Sergeant of Police, Petersham.
(e) The exhibits in the case are as set out in Form G455 attached to the depositions and have been disposed of in the manner set out thereon.
[Signed] JA Slater, Clerk of Petty Sessions.
The Under-Secretary of Justice, Box 6A GPO, Sydney.
10
RECORD OF EXHIBITS.
Police v Fettell and Sharkey.
(Offence). Indecent assault (male) escape custody.
1. Statement by Sharkey with papers.
2. 2 Regs, tin containing greasy substance found on defendant Sharkey, Thomas King.
3. Statement by Fettell, with papers.
[Signature illegible], Deposition Clerk, Newtown, 21.1.38.
11
Depositions of Witnesses.
(To accompany all cases of Committal for Trial.)
State of New South Wales, Newtown
TO WIT. }
The examination of Thomas Henry King of Marrickville in the said State Constable of Police, David Lyndon Williams, Detective Sergeant of Police Petersham. Taken on oath this 21st day of January 1938 at the Police Court, Newtown, 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 Felix Sharkey (hereinafter called the accused) who is charged before me for that he the said accused on the 14th day of January in the year of our Lord one thousand nine hundred and thirty eight at Petersham in the said State, did indecently assault Beverley Fettell a male.
12
Depositions of Witnesses.
(To accompany all cases of committal for Trial.)
State of New South Wales, Newtown
TO WIT. }
The examination of Thomas Henry King of Marrickville in the said State Constable of Police and David Lyndon Williams of Petersham in the said State Detective Sergeant of Police taken on oath this 21st day of January 1938 at the Newtown Police 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 Beverley Fettell (hereinafter called the accused) who is charged before me for that he the said accused on the 14th day of January in the year of our Lord one thousand nine hundred and thirty eight at Petersham in the said State, did indecently assault Felix Sharkey a male.
13
C.C. 136-7.
Felix Sharkey, 32.
Beverley Fettell, 19.
“Indecently assault male person.”
Mr Abigail for and with defendant Sharkey.
Fettell in person.
By consent C.C. 136-7 heard together.
This deponent sworn states.
My name is Thomas Henry King I am a Constable of Police stationed at Marrickville. About 8 pm on Friday the 14th.1.38 I went with Detective Sergeant Williams and Constables McLaughlin and Dunk to a locker room at the rear of the grandstand of the Petersham Oval. Detective Sergeant Williams and I climbed to a man hole in the ceiling while Constables McLaughlin and Dunk remained on the floor and near the door of the dressing room. From my position I could obtain a clear view of the men’s public lavatory also at the rear of the grandstand. At about 8.30 pm on the same date I saw the defendant Fettell enter the lavatory. He selected a bay of the urinal a compartment immediately below us. I saw him take his penus out. It was in a full state of erection and he made a little water. I then saw the defendant Sharkey enter the lavatory. He selected a position two compartments away from Fettell.
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Sharkey said to Fittell “it’s a nice night tonight is it cooler.” Fittell replied “Yes.”
Fittell had then finished making water. His penus was still in his hand in a state of erection and he was rubbing it up and down. Sharkey ten walked close to Fittell on his right hand side. Fittell was still standing in a compartment of the urinal.
Fittell turned slightly towards Sharkey. I saw Sharkey place his hand around Fittell’s penus and kept hold of it. I then saw Sharkey bend his head until it was in a line with his own hand which was still around Fittell’s penus. Sharkey’s mouth was very close to his own hand. I saw Sharkey’s head move several times in a back and forward motion. At this stage Detective Sergeant Williams made a sign to Constable McLaughlin and Dunk and they left the dressing room. I then saw a third mane enter the lavatory and on his entry both defendants turned to the urinal and adopted a position of men making water. As the third man turned to leave the lavatory both defendants commenced to follow but I then saw Constables McLaughlin and Dunk enter the lavatory and detain them.
With Detective Sergeant Williams I left my position and went to the entrance of the lavatory. The third man was then allowed to leave. Detective Sergeant Williams said to the two defendants who were together “We are police officers Constable King and I have had you both under observation during the whole of the time you were in the lavatory. We saw your conduct. We saw you (indicating Sharkey) walk up to this man (indicating Fettell). You caught hold of his penus and you appeared to put it in your mouth. Have you anything to say?”
15
Detective Sergeant Williams said “You are not obliged to say anything unless you desire to do so but anything you do say may be taken down in writing and may be given in evidence.” Sharkey said “I don’t know what to say.” I did not hear Fettell make any reply.
Detective Sergeant Williams said “We are going to take you both to Petersham Police Station and charge you with committing an indecent assault upon each other.”
Detective Sergeant Williams and I escorted defendant Sharkey to Petersham Police Station. I saw Constable McLaughlin and Dunk following with defendant Fettell.
On arriving at the entrance to the police station I heard a scuffle and upon looking round I saw Fettell running away with McLaughlin and Dunk chasing him. I took Sharkey into the police station.
About an hour later in the presence of Detective Sergeant Williams I said to Sharkey “Would you care to make a statement in connection with your conduct in the lavatory tonight. You are not obliged to do so unless you desire. But if you do make a statement it will be produced in evidence.” Sharkey said “I don’t know what came over me I will make a statement. Can you type it.”
Sharkey then dictated a statement to me which I typed. At the conclusion of the statement I handed it to Sharkey and said “Will you read that?” Sharkey read the statement and I said “Will you sign it.” Sharkey did sign it. I then typed a number of questions at the foot of the statement and I then again handed the statement and questions attached to Sharkey. I said “Will you read those questions and write the answer in your own hand writing.” Sharkey did so and again signed the statement. It was witnessed by Sergeant Williams. Sergeant Blay the senior non-commissioned officer then entered the room and he showed
16
the statement to Sharkey and said to him “Are those your signatures at the foot of the statement?” Sharkey said “Yes.” Blay said “Have you read the statement and questions at the foot of the statement?” Sharkey said “Yes.” Blay said “Has any inducement threat or promise been held out to you to make this statement?” Sharkey said “No.” Sergeant Blay then initialled the statement.
Statement by Sharkey tendered and marked Exhibit “1”. I then searched defendant Sharkey and in his hip pocket I found a tin containing a greasy substance and I said to him “What is this?” Sharkey said “It is a shaving cream.” I said “What do you carry it for?” Sharkey said “I use it sometimes.”
Also in his hip pocket I found a piece of rag and I said “What is this?” He said “It is a piece of rag that I polish my boots with.”
In his coat pocket I found another piece of rag with pink stains on it. I produce those articles.
Two rags and tin containing substance found on Sharkey tendered and marked Exhibit “2”.
Sharkey was then charged with the present charge to which he made no reply.
Sharkey’s back was bent also his knees and his head was in a line with his own hand which was still on Fettell’s penus.
I was looking down from a height.
BY MR ABIGAIL: I would not say that Sharkey seemed in a dazed condition. He put up no opposition at all not made any attempt to get away.
BY DEFENDANT FETTELL: No questions.
(Read and adhered to. GG-W.)
[Signed] Thomas King.
Taken and sworn at Newtown this 21st day of January 1938.
[Signed] JB Scobie, Stipendiary Magistrate.
17
This deponent sworn states, my name is David Lyndon Williams, I am a Detective Sergeant of Police stationed at Petersham.
Image: NSW State Library collection. Reproduction: Peter de Waal
At about 8 pm on the 14.1.38 with Detective King, McLaughlin and Dunk I went to the Petersham Park where we each took up certain positions. Detective King and I went into the dressing room of the grandstand in the park and from there we had a clear view into the public lavatory beneath us.
I saw a man enter the lavatory. That man I now know as Sharkey. I later saw a second man enter the lavatory. I know that man now as Fettell. The first man to enter the lavatory was Fettell and the second man Sharkey.
Fettell walked across to the urinal and stood in front of a pan there and made water. His penus was in a state of erection and after making water he held his penus in his hand and rubbed it up and down. The man Sharkey was also in the lavatory at that stage and he said to Fettell “It is a nice night it’s cooler tonight.” Fettell replied “Yes.”
Sharkey at that time was standing about two bays away from Fettell. Sharkey then walked up to Fettell and Fettell turned side on towards Sharkey and Sharkey caught hold of Fettell’s penus with his hand. The penus was in a state of erection and Sharkey bent his head down in a line with Fettell’s penus. Sharkey moved his head about. I then gave a signal to Constable McLaughlin. Sharkey’s hand was still on Fettell’s penus. I could not see Sharkey’s face or mouth … at that stage. McLaughlin left the premises and I later saw Detective McLaughlin and Dunk enter the lavatory where the two defendants were. King and I then left our position and went into the lavatory. There was a third man then in the lavatory and the third man left. I said to defendants “We are police. My name is
18
Detective Sergeant Williams. Detective King and I have had you two men under observation during he whole of the time you were in this lavatory and we have seen your conduct. I saw you (referring to Sharkey) take hold of this man (indicating Fettell) by the penus and you then bent down and appeared to place the penus near your face. Would you like to say anything about that?” Sharkey said “I don’t know what came over me.” I said “I am now going to take you two men to Petersham Police Station.
Before Sharkey replied to my question I said to him “You are not obliged to say anything in reply to my questions but whatever you do say may be given in evidence.” Sharkey then said “I don’t know what came over me.” I then handed Fettell over to Constables McLaughlin and Dunk and instructed them to take him to Petersham Police Station. Defendant [sic] King and I escorted defendant Sharkey to Petersham Police Station and when entering the passageway leading to the station I saw Detective McLaughlin and Dunk with Fettell about twenty feet further down along New Canterbury Road. I saw Fettell bump McLaughlin and turn and then run hurriedly along New Canterbury Road. McLaughlin and Dunk gave chase.
About midnight on the 14th.1.38 I went to 70 Audley Street, Petersham where I saw Beverley Fettell senior. I had a conversation with him and his wife joined us and with them I went into the dining room of that home. I remained there until 12.20 am on the 15.1.38 when Fettell senior went out of the dining room by the back door and returned in a few minutes by the same door with defendant Fettell.
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Fettell was then dressed in an athletic singlet, fawn coloured trousers and he was bare footed. Defendant Fettell and his father went into a bedroom and were followed by Mrs Fettell. I followed behind and when in the bedroom I heard Mrs Fettell say to defendant “What has happened son?” Fettell cried and put his arms around his mother’s neck and said “I can’t tell you Mum.” I said to Fettell “Do you remember me?” He said “Yes.” I said “I have explained to your parents the nature of your conduct tonight in the lavatory. I am going to take you to Petersham Police Station where you will be charged.” Defendant was taken to Petersham Police Station in the company of his father and there I said to Fettell “I’m going to read you a statement that has been made by a man who was in the lavatory with you tonight at Petersham Park. You are not obliged to say anything in reply to that statement but whatever you do say may be given in evidence.” Fettell made no reply.
I then read the statement made by Sharkey to Fettell and Fettell said “That is the truth.”
I said “Would you care to make a statement in writing about the matter. You are not obliged to but whatever you do say may be given in evidence.” Fettell said to his father “Will I make a statement Dad?” His father replied “Yes.” Detective King then typed a statement at Fettell’s dictation and he afterwards gave it to him to read and he read it and signed it. A number of questions were then added to that statement and were handed to Fettell to read and write his replies to such questions. Fettell wrote on the paper his replies to the questions and signed it.
Sergeant Blay, the Station Sergeant in Charge at the time came into the room and said to Fettell, “The statement you
20
have just made. Is it true?” Fettell said “Yes.” Blay said “Has it been made of your own free will?” Defendant said “Yes.” Blay said “Have any inducements been held out to you to cause you to make that statement?” Fettell said “No.” The statement was then initialled by Blay.
Statement by defendant Fettell tendered and marked Exhibit “3”. I said to Fettell “Would you know the man again if you saw him, I mean the man you were in the lavatory with?” Fettell said “Yes.” I then took him to the cells at the police station where Sharkey was placed in a passageway and Fettell said “Yes that is the man.” Sharkey said “I would not be sure whether I would know him again but I think he is the man (referring to Fettell).”
Fettell was then charged with the present charge and he made no reply.
BY MR ABIGAIL: I was there about ten minutes before Fettell came. Fettell was there only a matter of minutes before Sharkey came in. When Sharkey spoke to Fettell they were two bays away from each other.
No other remark was made other than that about the weather. Fettell made a movement in the direction of Sharkey. That was before Sharkey took hold of Fettell’s penus. Sharkey told me he had never seen Fettell before and Fettell also that he had not seen Sharkey before this occasion.
BY DEFENDANT FETTELL: No questions.
(Read and adhered to GG-W.)
[Signed] DL Williams.
Taken and sworn at Newtown this 21st day of January 1938,
[Signed] JB Scobie, Stipendiary Magistrate.
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Statement of the accused .
(Justices Act, 1902.)
(Section 41.)
The State of New South Wales, Newtown
TO WIT. }
Felix Sharkey ( 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 21st day of January, 1938, for that he, the accused, on the 14th day of January 1938, at Petersham in the said State, did indecently assault Beverley Fettell, a male person.
And the said charge being read to the accused, and the witnesses for the prosecution Thomas Henry King, David Lyndon Williams being several 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 have nothing to say.”
Taken before the undersigned Justice and read over to the said defendant at Newtown in the said State, the day and year first above mentioned.
[Signed] JB Scobie, Stipendiary Magistrate.
The accused committed for trial at the Court of Quarter Sessions to be holden at Sydney on the 1st day of February 1938, or at such other court to be holden at such place and time as the Attorney-General may appoint. Bail allowed accused in £50 with two sureties in £25 each or one in £50.
Dated at Newtown on the day first above mentioned. Informed provisions PP defenders Act.
[Signed] JB Scobie, Stipendiary Magistrate.
22
Statement of the Accused.
(Justices’ Act, 1902.)
(Section 41.)
State of New South Wales, Newtown.
TO WIT. }
Beverley Fettell (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 21st day of January, 1938, for that he the accused, on the 14th day of January 1938, at Petersham in the said State, did indecently assault Felix Sharkey, a male. And the said charge being read to the accused, and the witnesses for the prosecution Thomas Henry King, David Lyndon Williams 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:—“No.”
Taken before the undersigned Justice and read over to the said defendant at Newtown in the said State, the day and year first above-mentioned.
[Signed] JB Scobie, Stipendiary Magistrate.
The accused committed for trial at the Court of Quarter Sessions to be holden at Sydney on the 1st day of February 1938, or at such other Court to be holden at such place and time as the Attorney-General may appoint. Bail allowed accused in £50 with two sureties in £25 each or one in £50.
Dated at Newtown on the day first above mentioned. Informed provisions PP defenders Act.
[Signed] JB Scobie, 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, Newtown
TO WIT. }
Be it remembered, that on the twenty-first day of January 1938. David Lyndon Williams of No. 11 Detective Sergeant, Thomas Henry King, of No. 11 Detective 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 £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 indorsed hereunder.
The condition of the within-written recognizance is such, that whereas Felix Sharkey and Beverley Fettell (hereinafter called the defendants) was [sic] this day charged before JB Scobie, Esq one of his Majesty’s Justices of the Peace for the said State, with indecent assault.
If, therefore, they the before-mentioned 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 Tuesday the 1st day of February 1938 at ten 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 court 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[ DL Williams, Thomas King.
Taken and acknowledged the day and year first above mentioned at Newtown in the said State, before me—
[Signed] John A Tate, JP.
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Recognizance of Bail on Committal for Trial.
State of New South Wales, Newtown
TO WIT. }
I hereby certify surety herein to be good and sufficient surety for the sum of £50.
[Signed] DL Williams, Detective Sergeant Petersham.
Be is remembered, that on the twenty-first day of January 1938, Felix Sharkey of 100 Macauley Street, Leichhardt, in the State of New South Wales (hereinafter called the defendant), and his sureties, Charles Bishop of 78 Macauley Street, Leichhardt in the said State, stove maker personally came before me, the undersigned, one of his Majesty’s Justices of the Peace for the said State, and severally acknowledged themselves to owe to our Sovereign Lord the King the several sums following (that is to say): the said defendant the sum of £50; and the said surety the sum of £50 of good and lawful money of Great Britain, to be made and levied of their several goods and chattels, lands, and tenements respectively, to the use of our said Lord the King, his Heirs and Successors, if the said defendant shall fail in the conditions indorsed hereunder.
The condition of the above-written recognizance is such, that whereas the said defendant was on the 21st day of January 1938 charged before JB Scobie Esq one of his Majesty’s Justices of the Peace for the said State, with indecent assault.
If therefore the said defendant do appear at the next Court of Quarter Sessions to be holden at Sydney, in and for the said State, on Tuesday the 1st day of February 1938 at nine of the clock in the forenoon, or at such other Court to be holden at such place and time as the Attorney-General may appoint, of which such last-mentioned Court the said defendant shall receive due notice, and then and there surrender himself into the custody of the Keeper of the Gaol there, and plead to such information as may be filed against him for or in respect of the charge aforesaid, and take his trial upon the same, and not depart the said Court without leave—then the said recognizance to be void, or else to stand in full force and virtue.
(Signatures of defendant and sureties)
[Signed] F Sharkey, C Bishop.
Taken and acknowledged the day and year first above mentioned at Newtown in the said State, before me,
[Signed] John A Tate, Justice of the Peace.
25
Recognizance of Bail on Committal for Trial.
State of New South Wales, Newtown
To Wit. }
I hereby certify surety herein to be good and sufficient surety for the sum of £50.
[Signed] DL Williams, Detective Sergeant, Petersham.
Be it remembered, that on the twenty-first day of January 1938, Beverley Fettell of 70 Audley Street, Petersham in the State of New South Wales (hereinafter called the defendant), and his sureties, Beverley Fettell senior of 70 Audley Street, Petersham in the said State, labourer personally came before me, the undersigned, one of his Majesty’s Justices of the Peace for the said State, and severally acknowledged themselves to owe our Sovereign Lord the King the several sums following (that is to say): the said defendant the sum of £50; and the said surety the sum of £50 of good and lawful money of Great Britain, to be made and levied of their several goods and chattels, lands, and tenements respectively, to the use of our said Lord the King, his Heirs and Successors, if the said defendant shall fail in the condition indorsed hereunder.
The condition of the above-written recognizance is such, that whereas the said defendant was on the twenty-first day of January 1938, charged before JB Scobie Esq one of his Majesty’s Justices of the Peace for the said State, with indecent assault.
If therefore the said defendant do appear at the next Court of Quarter Sessions to be holden at Sydney, in and for the said State, on Tuesday the first day of February 1938 at nine of the clock in the forenoon, or at such other Court to be holden at such place and time as the Attorney-General may appoint, of which such last-mentioned Court the said defendant shall receive due notice, and then and there surrender himself into the custody of the Keeper of the Gaol there, and plead to such information as may be filed against him for or in respect of the charge aforesaid, and take his trial upon the same, and not depart the said court without leave, — then the said recognizance to be void, or else to stand in full force and virtue.
(Signatures of defendants and sureties)
[Signed] B Fettell, Beverley J Fettell.
Taken and acknowledged the day and year first above mentioned at Newtown in the said State, before me,
[Signed] John A Tate, Justice of the Peace.
26
Charge Case No. 136
on the day of 17th January 1938.
For hearing at the Newtown Police Court,
From No. 11 Petersham.
Name, occupation, and age of defendant:
Felix Sharkey, 32, tailor.
Date and hour of apprehension: 14.1.38 8.45 pm.
Name of apprehending officer: Detective Sergeant Williams and others.
If charge book signed, name and address of person signing it: Not signed.
Act and Section under which charge laid: 40 of 1901 Section 81.
Offence: At Petersham on the 14th day of January 1938 did indecently assault Beverley Fittell a male.
Police Prosecutor McKeown asks remand to 21st instant.
Defendant consenting.
I remand defendant until 21st January 1938.
Bail allowed, self with one surety in £50 or two sureties in £25 each.
[Signed] JB Scobie, Stipendiary Magistrate.
27
Record of Proceedings, S153 “Justices’ Act, 1902,” As Amended by the
“Justices’ (Bail) Amendment Act 1918.”
New South Wales
TO WIT. }
On this 15th day of January 1938 we, Felix Sharkey of 100 Macaulay Street, Leichhardt and Charles Bishop of 78 Macaulay Street, Leichhardt do personally appear before Samuel Patterson Sergeant of Police at Petersham and acknowledge ourselves to owe his Majesty the King the sum following, viz:—
The said Felix Sharkey the sum of £50 and the said Charles Bishop the sum of £50 each, to be made of our several goods and chattels, lands and tenements, respectively, if the said Felix Sharkey shall fail in the following condition that is to say: that he shall appear on the 17th day of January 1938 at ten o’clock of the forenoon, at the Newtown Police Office, before such Justice or Justices as may then be there, to answer the charge of indecent assault on a male in respect of which he is now in custody, and be further dealt with according to law.
[Signed] F Sharkey, Charles Bishop.
Taken and acknowledged on the date first above written, before me,
[Signed] S Patterson, Sergeant of Police, Petersham.
28
CC136
No. A3255
Recognizance of Bail on An Adjournment of the Hearing.
(Divisions 1 and 2 “Justices’ Act, 1902,” Section 34 and 69.)
I hereby certify Charles Bishop to be good and sufficient surety for the sum of £50.
[Signed] DL Williams, Detective Sergeant.
State of New South Wales, Newtown
TO WIT. }
Be it remembered, that on this 17th day of January in the year of our Lord one thousand nine hundred and thirty eight Felix Sharkey of 100 Macauley Street, Leichhardt in the State of New South Wales tailor (hereinafter called the defendant) and his surety Charles Bishop of Macauley Street, Leichhardt in the said State stovemaker personally came before me, the undersigned, one of his Majesty’s Justices of the Peace for the said State, and severally acknowledged themselves to owe our Lord the King the several sums following, that is to say: the said defendant the sum of £50, and the said surety the sum of £50 each of good and lawful money of Great Britain, to be made and levied of their several goods and chattels, lands, and tenements respectively to the use of our said Lord the King, his Heirs and Successors, if the said defendant shall fail in the following condition, that is to say:—that he, the said defendant, shall personally appear on the twenty-first day of January 1938, at 10 o’clock in the forenoon at the Newtown Police Court, Newtown, in the said State, before such Stipendiary Magistrate in and for the Metropolitan Police District in the said State as may then be there to answer further to a charge of indecent assault and to be dealt with according to law.
[Signed] F Sharkey, C Bishop
Taken and acknowledged the day and year first above mentioned at Newtown in the said State, before me, —
[Signed] Jon A Tate, JP.
29
Charge Case No. 137
on the 17th day of January 1938.
For hearing at the Newtown Police Court,
From No. 11 Petersham Police Station.
Name, occupation, and age of defendant:
Beverley Fettell, 19, wood worker.
Date and hour of apprehension: 15.1.38. 15. am.
Name of apprehending Officer: Detective Sergeant Williams and others.
If charge book signed, name and address of person signing it: Not signed.
Act and Section under which charge laid: 40 of 1901 Section 81.
Offence: At Petersham on the 14th day of January 1938 did indecently assault Felix Sharkey a male.
Police Prosecutor McKeown asks remand to 21st instant.
Defendant consenting.
I remand defendant until 21st January 1938.
Bail allowed self with one surety in £50 or two sureties in £25 each.
[Signed] JB Scobie, Stipendiary Magistrate.
30
Record of Proceedings, S 153 “Justices’ Act, 1902,” As Amended by
“Justices’ (Bail) Amendment Act, 1918.”
New South Wales, Petersham
TO WIT. }
On this 15th day of January 1937 [sic] we, Beverley Fettell (junior) of 70 Audley Street, Petersham and Beverley Fettell (senior) of 70 Audley Street, Petersham do personally appear before George William Blay Sergeant of Police at Petersham and acknowledge ourselves to owe his Majesty the King the sums following, viz:—
The said Beverley Fettell junior the sum of £50 and the said Beverley Fettell senior the said sum of £50 each, to be made of our several goods and chattels, lands and tenements, respectively, if the said Beverley Fettell shall fail in the following condition, that is to say: that he shall appear on the 17th day of January 1938 at 10 o’clock in the forenoon, at the Newtown Police Office, before such Justice or Justices as may then be there, to answer to the charge of indecent assault on male person in respect of which he is now in custody, and be further dealt with according to law.
[Signed] B Fettell, Beverley J Fettell.
Taken and acknowledged on the date first above written, before me
[Signed] George Blay,
Sergeant of Police, Petersham.
31
No. A3254.
Recognizance of Bail on An Adjournment of the Hearing.
(Divisions 1 and 2 “Justices’ Act, 1902,” Section 34 and 69.)
I hereby certify Beverley Fettell (senior) to be good and sufficient surety for the sum of £50.
[Signed] DL Williams, Detective Sergeant.
State of New South Wales, Newtown
TO WIT. }
Be it remembered, that on this 17th day of January in the year of our Lord one thousand nine hundred and thirty eight Beverley Fettell of 70 Audley Street, Petersham wood machinist in the State of New South Wales (hereinafter called the defendant) and his surety Beverley Fettell (senior) of 70 Audley Street, Petersham in the said State labourer personally came before me, the undersigned, one of his Majesty’s Justices of the Peace for the said State, and severally acknowledged themselves to owe our Lord the King the several sums following, that is to say: the said defendant the sum of £50, and the said surety the sum of £50 each of good and lawful money of Great Britain, to be made and levied of their several goods and chattels, lands, and tenements respectively to the use of our said Lord the King, his Heirs and Successors, if the said defendant shall fail in the following condition, that is to say:—that he, the said defendant, shall personally appear on the twenty-first day of January 1938, at 10 o’clock in the forenoon at the Newtown Police Court, Newtown, in the said State, before such Stipendiary Magistrate in and for the Metropolitan Police District in the said State as may then be there to answer further to a charge of indecent assault and to be dealt with according to law.
[Signed] B Fettell, Beverley J Fettell senior.
Taken and acknowledged the day and year first above mentioned at Newtown in the said State, before me,—
[Signed] John A Tate, JP.
~ ~ ~ ~ ~
[On the deposition cover is the following]
Court. Sydney.
Date. 1.2.38.
Cor. Betts Ch of Quarter Sessions.
Plea. G (each accused)
Verdict. ----
Judgement Sharkey 12 months’ hard labour.
Fettell bound over self in one surety each in sum of £50 to be of good behaviour for three years and to come up for sentence if called upon.
~ ~ ~ ~ ~
QUARTER SESSIONS.
At Sydney, on 1st February 1938.
No. 76 of 1938.
Depositions.
Rex
v.
Felix Sharkey (bail.) and Beverley Fettell (bail.)
Indecent assault upon a male person.
Committed at Newtown. On 21st January 1938.
~ ~ ~ ~ ~
The Sydney Morning Herald, Tue 1 Feb 1938 2
LAW NOTICES.
Tuesday, February 1, 1938.
…
SYDNEY QUARTER SESSIONS.
…
No. 3 Court.—At 10 am: Solomon Usher, carnally knowing a girl under the age of 16 years; James Matthew Hendry, being found at night with intent to commit a felony; Richard Evans, break, enter, and steal. At 2 pm: Herbert David Wiseman, bigamy (for plea only); Felix Sharkey, indecent assault (for plea only); Beverley Fettell, aid, abet, and assist in commission of indecent assault (for plea only).
~ ~ ~ ~ ~
The Sydney Morning Herald, Wed 2 Feb 1938 3
QUARTER SESSIONS.
(Before Judge Sheridan.)
Senior Crown Prosecutor, Mr LJ McKean, KC.
…
(Before Judge Betts.)
Crown Prosecutor, Mr W McMinn.
…
INDECENT ASSAULT.
Felix Sharkey, 32, tailor, pleaded guilty to a charge of indecent assault on a male person. He was sentenced to 12 months’ imprisonment with hard labour.
Mr LC Abigail appeared for the accused.
APPRENTICE BOUND OVER.
Beverley Fettell, 19, apprentice, pleaded guilty to a charge of having aided and abetted in the commission of an indecent assault on a male person.
The accused was bound over to be of good behaviour for three years.
Mr Fred A Newnham appeared for the accused.
~ ~ ~ ~ ~
Felix Sharkey, Gaol photo sheet 4
![SRNSW: NRS– [17/1525], State Penitentiary photographic description book, 9 Oct 1937-2 Feb 1938, No. 30761, p. –. (p.1)](../../images/trials/1938-Sharkey-1525-gaol-photo-30761-p.1.jpg "SRNSW: NRS– [17/1525], State Penitentiary photographic description book, 9 Oct 1937-2 Feb 1938, No. 30761, p. –. (p.1)") |
|
![SRNSW: NRS– [17/1525], State Penitentiary photographic description book, 9 Oct 1937-2 Feb 1938, No. 30761, p. –. (p.2)](../../images/trials/1938-Sharkey-1525-gaol-photo-30761-p.2.jpg "SRNSW: NRS– [17/1525], State Penitentiary photographic description book, 9 Oct 1937-2 Feb 1938, No. 30761, p. –. (p.2)") |
Gaol Photo Sheet - Transcribed Details
No. 30761
No. 150/259
Date when Portrait was taken: 2-2-1938
Name: Felix Sharkey
|
Native place: Leichhardt Year of birth: 18-12-1905 Arrived Ship: Trade or occupation Religion: R. C. Education, degree of: R. & W. Height: 5' 7¾" Weight On committal: 120 Colour of hair: Brown Colour of eyes: Hazel |
Marks or special features: Nil. |
|
Previous Portrait Spl. Photo. M.S.O. 81/1935. CRIMINAL HISTORY |
|||||
| Where and When | Offence. | Sentence | |||
|
Central PC Sydney Q.S |
24 1 |
10 2 |
1935 1938 |
Indecent behaviour. Indecent assault on a male person |
Ordered to enter into recognizance to be of good behaviour for 12 months. |
Beverley Fettell, 1944
Wellington Times, Mon 20 Mar 1944 5
PERSONALITIES
———◦———
…
A visitor to Wellington on Saturday last was Mr Beverley Fettell. Bev. [sic] is the youngest brother of the late Harrison Fettell, who died suddenly last week. Owing to the infrequent running of the trains, Bev. was unable to arrive in Wellington in time for the funeral. He looks remarkably well, and returned home the same night.
1 SRNSW: NRS856, [10/38438], Depositions and other papers, Sydney Quarter Sessions, 1938, No. 76. Emphasis added.
2 The Sydney Morning Herald, Tue 1 Feb 1938, p. 7. Emphasis added.
3 The Sydney Morning Herald, Wed 2 Feb 1938, p. 12.
4 SRNSW: NRS– [17/1525], State Penitentiary photographic description book, 9 Oct 1937-2 Feb 1938, No. 30761, p. –.
5 Wellington Times, (NSW), Mon 20 Mar 1944, p. 4.