Depositions for George Ernest Strange and Matthew Ward 23 Aug 1937 Sydney trial 1
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Petty Sessions Office, Central Police Court,
Sydney, 30th June 1937.
Rex v (a) George Ernest Strange, Matthew Ward
(Offence) Indecent assault on male person.
Date of committal: 30th June, 1937, No. 1937/240
Depositions and the other documents in the case of the above accused, committed for trial at the (b) Quarter Sessions Court to be held at Sydney on the 1st day of July 1937, are forwarded under separate cover. Bail has been fixed by the Court at self in £40 with two sureties in the sum of £20 each, or one surety in the sum of £40.
The accused is confined in the prison at Long Bay.
In the amount stated above.
The witnesses (d) were not bound over and are as follows, viz:—George Edward Russell of No. 1 Police Station, Sydney Sergeant of Police and Rupert Ralph Peterkin of No. 1 Police Station, Sydney Constable of Police.
(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 Doolan, Clerk of Petty Sessions.
The Under Secretary of Justice,
Box 6A GPO, Sydney.
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RECORD OF EXHIBITS.
Rex v Strange and Ward
(Offence) indecently assaulting male person.
1 Statement dated 22.6.37 and signed “George Ernest Strange” attached to papers
[Signed] JW Boyce, Deposition Clerk.
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Depositions of Witnesses.
(To accompany all cases of Committal for Trial.)
State of New South Wales,
TO WIT. }
The examination of George Edward Russell of No. 1 Police Station, Sydneyin the said State Sergeant of Police, and Rupert Ralph Peterkin of No. 1 Police Station, Sydney, Constable of Police, take on oath this 30th day of June 1937, at the Central Police Court, Sydney, 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 George Ernest Strange (hereinafter called the accused) who is charged before me for that he the said accused on the 22nd day of June in the year of our Lord one thousand nine hundred and thirty seven at Sydney in the said State, did indecently assault one Matthew Ward, a male person.
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Depositions of Witnesses.
(To accompany all cases of committal for trial.)
State of New South Wales,
TO WIT. }
The examination of George Edward Russell of No. 1 Police Station, Sydney in the said State Sergeant of Police, and Rupert Ralph Peterkin of No. 1 Police Station, Sydney, Constable of Police, taken on oath this 30th day of June 1937, at the Central Police Court, Sydney, 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 Matthew Ward (hereinafter called the accused) who is charged before me fr that he the said accused on the 22nd day of June in the year of our Lord one thousand nine hundred and thirty seven at Sydney in the said State, did indecently assault one George Ernest Strange a male person
Photo: Peter de Waal
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Central Police Station.
June 22nd, 1937.
My name is George Ernest Strange.
I am a single man. I am a labourer. I live in Mrs Gaffrey Hostel, Redfern. I went into men’s lavatory about 9.30 this date. The other man Ward who was arrested with me was in the lavatory went [sic] I went in there he was sitting on a seat he got up and pulled his trousers down sat in on the seat where I was and he gave me the opportunity to stick it into him. I then got my prick into him. It was his own free will. He never objected. He was moving back and forward with me. The police then came and arrested us.
I make this statement with my own free will.
[Signed] George Ernest Strange.
Witness: HP Craig, Constable No. 2947, 22.6.37.
Exhibit No. 1
Police v Strange and Ward.
[No 5 is missing]
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C.C. 2 and C.C. 3.
George Ernest Strange, C.C. 2
Matthew Ward C.C. 3, heard together
This deponent on oath states:—
My name is George Edward Russell.
I am a Sergeant of Police stationed at No. 1 Police Station, Sydney. At 9-30 pm on 22nd June, 1937, in company with Constable Peterkin I was in the Sydney Domain. When Constable Peterkin came out of the public lavatory and told me something he then got over the fence into the caretaker’s yard and went to the back of the public lavatory on the western side. I saw Constable Peterkin looking into the lavatory. He then got down and came to the gate and told me something. I then went into the lavatory and looked in on the western side. I saw the defendant Ward in a stooping position. He had his trousers down. He had his bare anus in against the defendant Strange’s fly. The defendant Strange was standing at the back of Ward in a stooping position. The fly of his trousers was undone and he was pressing up against the anus of the defendant Ward. He was moving his body backwards and forwards. He I said to them “And this is what you are doing. I belong to the police. I have been watching you and that constable” (indicating Constable Peterkin who was then on top of the wall) has been watching you for some time. I saw you (indicating defendant Strange) having connection with his man (indicating defendant Ward). Constable Peterkin then jumped down off the wall and said to the defendants “What Sergeant Russell said is true”. Defendant Ward said “I came in here to stool and while I had my trousers down this man (indicating Strange) grabbed hold of me and tried to assault me. I struggled
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with him and I was struggling with him when you men came on the scene”. The defendant Strange said “It is not true. We are both equally guilty. You pressed in to where I was and gave me the opportunity to stick it into you and I did it”. Both of us then said to the defendant “We are going to arrest you and charge you with indecent assault on each other”. They were then arrested and brought to the Central Police Station. Constable Peterkin said to the defendant Strange “Do you wish to make a statement regarding the charge preferred against you tonight”? He said “Yes. I want to tell the truth”. He said to defendant Ward “Do you wish to make a statement”? He said “No”. They were then charged with the present charge and made no reply. They were both sober. There are good lights at lavatory. Three lights and there was a moon. There is no door at the lavatory where the defendants were. The fly of the trousers of the defendant Strange was all undone. When I went in to where they were I saw them button their clothes up. Defendant Ward tried to rush past me when I was standing at the doorway.
BY DEFENDANT STRANGE:—The lavatory is composed of four lavatories. There are four on the east side and four on the western side. The surrounding wall is about 7 feet on the western side and about 8 or 9 feet on the eastern side. There are three lights there. One on the entrance, one on the western side and one on the eastern side. I could see you plainly. I did not know the compartment was in darkness. I could not say whether it was in darkness or not. I do not know what happened to the light. I did not put it off or take it off. You were in there before we came on the scene. I did not know you were in there until Constable Peterkin came and told me. You were having connection with the other man. I know the reason you were close to each other.
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We came in and caught you. I remember coming along the sidewalk with you to the station. I remember you asking me if I had caught many in there and I said “About five hundred. I have caught a good number in there.” It was not dark there. There was good moon and the lights were on as far as I could see you and I could see anything at all in there I did not go through the gate into the yard. Constable Peterkin looked down into the lavatory. You did not resist arrest. You did not use any language or try to escape. You came along quietly.
BY DEFENDANT WARD:—There are three lights there. I don’t know whether it was lit up or not that night.
Read and adhered to JWB.
[Signed] GE Russell.
Taken and sworn at Central Police Court, Sydney, this 30th day of June, 1937, before me
[Signed] CA Arnold, SM.
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This deponent on oath states:—
My name is Rupert Ralph Peterkin.
I am a Constable of Police stationed at No. 1 Police Station Sydney. About 10-30 pm on 22nd June, 1937, I entered the public lavatory in the Sydney Domain and went to the western portion of the lavatory. As I entered I heard footsteps and saw the defendant Strange hurry away from the defendant Ward. They were then just around near the first WC and in the lavatory. I immediately left the lavatory and went outside and told Sergeant Russell something. I then climbed over a fence into a yard adjoining the lavatory. I got up on some timber at the back of the lavatory and on looking over the wall into the lavatory I saw the defendant Strange standing up with his hand on the defendant Ward’s hips and moving in a “to and fro” motion and with his poenus penis pressed in close to the defendant Ward’s anus. The defendant Ward has his trousers down and was in a stooping position and moving backwards and forwards. I got down and went and told Sergeant Russell something. I then went back to the position I had previously occupied and the defendants were both in the same position and acting the same way. I then saw Sergeant Russell peering around the corner of the lavatory. I heard him say to the defendants “So this is what you are doing”. I belong to the police I have been watching you and that constable (indicating me) has been watching you for some time. I then jumped over the wall into the lavatory and said to the defendants “What Sergeant Russell said is true. Have you any explanation to offer for your conduct”. The defendant Ward said “I came in here to stool and while I had my trousers down this man (indicating the defendant Strange) grabbed me and tried to assault me and I was struggling to get away from him when you came on the scene”. The defendant Strange
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said “That is not true. We are both equally guilty. He pushed in to where I was (indicating the defendant Ward) and gave me the opportunity to stick it into him and I done it”. I then said to defendants “We are going to arrest you and charge you with indecent assault upon each other. They were then arrested and brought to the Central Police Station where I said to the defendant Strange “Do you want to make a statement regarding the offence you are going to be charged with”. He said “Yes. I will tell the truth about it”. I said to the defendant Ward “Do you want to make a statement”. He said “No”. I then took the defendant Strange into a small room in the police station and in the presence of Constable Craig I gave the defendant Strange a pen, ink and paper and I said to him “You are not obliged to make a statement but anything in the statement which you are about to make which it contains may be given in evidence”. He said “All right.” Defendant Strange then made the statement which I produce.
Exhibit No. 1. Tendered admitted Exhibit 1.
I took a copy of the statement Exhibit 1 and handed it to defendant Ward and said to him “The other man Strange has made a statement”. He appeared to read the statement. I said “Do you wish to say anything”. He said “No”. The defendant Ward had been previously charged with the present charge. Defendant Strange was charged with the present charge. He made no reply. The wall is about 3ft 6in or 4ft from where the defendants were and it is about 7 or 8 feet high. The compartment of the lavatory is fairly well lit. The lavatory is divided into four cubicles. They occupied the second one from the southern end. The lighting facilities in that cubicle are fair. Sergeant Russell peered around from the entrance to the western portion
Library collection. Reproduction: Peter de Waal
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of the lavatory. He was about 4 feet from the defendants. The defendant Ward had his trousers down and defendant Strange had the buttons of his trousers undone. Defendant Strange’s poenus [sic] was in a state of erection.
BY DEFENDANT STRANGE:—I remember looking over the wall. Where I was looking over the wall there was a fair light. To the best of my knowledge the electric lamp was lit. I say the light was lit.
No questions by defendant Ward.
Read and adhered to JWB.
[Signed] Rupert R Peterkin.
Taken and sworn at Central Police Court, Sydney, this 30th day of June, 1937, before me
[Signed] CA Arnold, SM.
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Statement of the Accused.
( Justices’ Act, 1902.)
(Section 41.)
State of New South Wales, Sydney
TO WIT. }
George Ernest Strange (hereinafter called the accused), stands charged before the undersigned, a Stipendiary Magistrate and one of his Majesty’s Justices of the Peace in and for the said State, this 30th day of June, 1937, for that he, the accused, on the 22nd day of June 1937, at Sydney in the said State, did indecently assault one Matthew Ward, a male person
and the said charge being read to the accused, and the witnesses for the prosecution George Edward Russell, and Rupert Ralph Peterkin 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 … 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 draw your attention to the fact that I am a returned soldier.
[Signed] E Strange.
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] CA Arnold, Stipendiary Magistrate.
The accused committed for trial at the Court of Quarter Sessions to be holden at Sydney on the 1st day of July 1937, or at such other Court to be holden at such place and time as the Attorney-General may appoint. Bail allowed accused in £40 with two sureties in £20 each or one in £40.
Dated at Sydney on the day first above-mentioned.
[Signed] CA Arnold, Stipendiary Magistrate.
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Statement of the Accused.
(Justices’ Act, 1902.)
(Section 41.)
State of New South Wales, Sydney
TO WIT. }
Matthew Ward (hereinafter called the accused), stands charged before the undersigned a Stipendiary Magistrate and one of his Majesty’s Justices of the Peace in and for the said State, this 30th day of June, 1937, for that he, the accused, on the 22nd day of June 1937, at Sydney in the said State, did indecently assault one George Ernest Strange a male person
and the said charge being read to the accused, and the witnesses for the prosecution George Edward Russell, and Rupert Ralph Peterkin 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 y … 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 not withstand such promise or threat.” Whereupon the accused saith as follows:— I reserve my defence.
[Signed] Matthew Ward.
Taken before the undersigned Justice and read over to the defendant at Sydney in the said State, the day and year first above-mentioned.
[Signed] CA Arnold, Stipendiary Magistrate.
The accused committed for trial at the Court of Quarter Sessions to be holden at Sydney on the 1st day of July 1937, or at such other Court to be holden at such place and time as the Attorney-General may appoint. Bail allowed accused in £40 with two sureties in £20 each or one in £40.
Dated at Sydney on the day first above-mentioned.
[Signed] CA Arnold, Stipendiary Magistrate.
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Charge Case No. 2
For hearing at the Central Police Court, on the 23rd day of June, 1937.
From No. - - - Central Police Station.
Name, occupation, and age of defendant: George Ernest Strange, 54 labourer.
Date and hour of apprehension: 22-6-37 at 9-35 pm, charged 10-15 pm.
Name of apprehending Officer: Sergeant Russell, Constable Peterkin No. 1.
If charge book signed, name and address of person signing it: Not signed.
Act and Section under which charge laid: 40-1900, Section 81.
Offence: At Sydney on the 22nd day of June, 1937, did indecently assault one Matthew Ward, a male person.
Police Prosecutor Magnay asked for remand.
By consent.
Remanded to appear at this court at 10 am on 30th June, 1937. Bail allowed self in the sum of £40 with two sureties in £20 each or one in £40.
[Signed] BH Sutherland, Stipendiary Magistrate.
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Charge Case No. 3
For hearing at the Central Police Court, on the 23rd day of June, 1937.
From No. - - - Central Police Station.
Name, occupation, and age of defendant: Matthew Ward, 44, salesman.
Date and hour of apprehension: 22-6-37 at 9-35 pm, charged 9-50 pm.
Name of apprehending officer: Sergeant Russell, Constable Peterkin No. 1.
If charge book signed, name and address of person signing it: Not signed.
Act and Section under which charge laid: 40-1900, Section 81.
Offence: at Sydney on the 22nd day of June, 1937, did indecently assault one George Ernest Strange a male person.
Police Prosecutor Magnay asked for remand.
By consent.
Remanded to appear at this Court at 10 am on 30th June, 1937. Bail allowed self in the sum of £40 with two sureties in £20 each or one surety in the sum of £40.
[Signed] BH Sutherland, Stipendiary Magistrate.
Central Police Court, Sydney. 23 June 1937
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C.C. No. 2.
George Ernest Strange, 54.
Indecent assault on male person.
C.C. 2 and 3 heard together.
See depositions within.
[Signed] CA Arnold, Stipendiary Magistrate.
Central Police Court, Sydney.
30 June 1937
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C.C. No. 3.
Matthew Ward, 44.
Indecent assault on male person.
C.C. 2 and 3 heard together.
See depositions within.
[Signed] CA Arnold, Stipendiary Magistrate.
Central Police Court, Sydney.
30 June 1937
~ ~ ~ ~ ~
The Sydney Morning Herald, Sat 24 Jul 1937 2
LAW NOTICES.
———
Monday, July 26.
———
…
QUARTER SESSIONS.
Francis James Barkel, application for declaration as an habitual criminal; Clarance Charles Wheatley, application for declaration as an habitual criminal; James McMillen, obtaining property by false pretences; George Ernest Strange, indecent assault; Matthew Ward, principal in the second degree to the felony of indecent assault.
~ ~ ~ ~ ~
The Sydney Morning Herald, Sat 21 Aug 1937 3
LAW NOTICES.
———
Monday, August 23.
———
…
QUARTER SESSIONS.
…
No. 2 Court.—George Ernest Strange, indecent assault; Matthew Ward, principal in the second degree in the felony of indecent assault; Walter Robert Power, break, enter, and steal.
~ ~ ~ ~ ~
The Sydney Morning Herald, Mon 23 Aug 1937 4
LAW NOTICES.
———
Monday, August 23.
———
…
QUARTER SESSIONS.
…
No. 2 Court.—George Ernest Strange, indecent assault; Matthew Ward, principal in the second degree to the felony of indecent assault; Walter Robert Power, break, enter, and steal.
~ ~ ~ ~ ~
The Sydney Morning Herald, Tue 24 Aug 1937 5
QUARTER SESSIONS.
(Before Judge Curlewis and juries.)
Crown Prosecutor, Mr McKean, KC, instructed by the Clerk of the Peace.
…
(Before Judge Clancy.)
Crown Prosecutor, Mr Vernon Treatt, instructed by the Clerk of the Peace.
REMANDED.
George Ernest Strange, 54, labourer, and Matthew Ward, 44, salesman, who pleaded guilty to having committed an act of indecency were remanded for sentence.
~ ~ ~ ~ ~
The Sydney Morning Herald, Wed 25 Aug 1937 6
QUARTER SESSIONS.
(Before Judge Curlewis and a jury.)
Crown Prosecutor, Mr LJ McKean, KC, instructed by the Clerk of the Peace.
…
(Before Judge Clancy.)
Crown Prosecutor, Mr TS Crawford, KC, (instructed by the Clerk of the Peace.)
NINE MONTHS’ GAOL.
George Ernest Strange, 54, labourer, and Matthew Ward, 44, salesman, who had pleaded guilty on the previous day to having committed an act of indecency, were brought up for sentence.
His Honor, in sentencing each accused to nine months’ gaol, to date from the time of arrest, said he thought they needed the attention of a doctor rather than a gaoler.
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George Ernest Strange, Gaol photo sheet 7
![SRNSW: NRS– [6/19654], NSW police photo books, 28 Apr 1936-8 Sep 1937, No. 30514, p. 267.](../../images/trials/1937-Strange-19654-gaol-photo-30514-George-Ernest-Strange.jpg "SRNSW: NRS– [6/19654], NSW police photo books, 28 Apr 1936-8 Sep 1937, No. 30514, p. 267.") |
Gaol Photo Sheet - Transcribed Details
No. 30514
Date when Portrait was taken: 25-8-1937
Name: George Ernest Strange
|
Native place: England Year of birth: 10-3-1881 Arrived Ship: Queen Elizabeth Trade or occupation Religion: C of E Education, degree of: R & W Height: 5' 6⅛" Weight On committal: 160 Colour of hair: Brown Colour of eyes: Grey |
Marks or special features: Dragon outside right forearm. Nude figure outside upper arm. Eagle & snake inside left forearm. |
|
(No. of previous Portrait ... ) CONVICTIONS Convicted with Matthew Ward. |
|||||
| Where and When | Offence. | Sentence | |||
|
Sydney Q.S |
23 |
8 |
1937 |
Indecent assault on a male person |
9 months H.L. to date from 23-6-1937. (P.G. 1937/385.) |
~ ~ ~ ~ ~
Matthew Ward, Gaol photo sheet 8
![SRNSW: NRS– [6/19654], NSW police photo books, 28 Apr 1936-8 Sep 1937, No. 30514, p. 268.](../../images/trials/1937-sTrange-19654-gaol-photo-30515-Matthew-Ward.jpg "SRNSW: NRS– [6/19654], NSW police photo books, 28 Apr 1936-8 Sep 1937, No. 30514, p. 268.") |
Gaol Photo Sheet - Transcribed Details
No. 30515
Date when Portrait was taken: 25-8-1937
Name: Matthew Ward
|
Native place: Ireland Year of birth: 27-2-1893 Arrived Ship: Manuka Trade or occupation Religion: R. C. Education, degree of: R & W Height: 5' 2¾" Weight On committal: 128 Colour of hair: Brown Colour of eyes: Blue |
Marks or special features: Nil. |
|
(No. of previous Portrait ... ) CONVICTIONS Convicted with George E Strange |
|||||
| Where and When | Offence. | Sentence | |||
|
Sydney Q.S Central PC ditto ditto Sydney Q.S |
26 26 27 30 23 |
6 12 12 1 8 |
1924 1928 1928 1930 1937 |
Malicious damage Stealing Stealing Vagrancy Aiding & abetting in the commission of indecent assault on a male person |
6 months H.L. Suspended & 63/6d or 1 month H.L. £6-3-6 or 2 months H.L. Chance to go to State Hospital 9 months H.L. to date from 23-6-1937. (P.G. 1937//385). |
1 SRNSW: NRS856, [10/38425], Depositions and other papers, Sydney Quarter Sessions, 1937, No. 573.
2 The Sydney Morning Herald, Sat 24 Jul 1937, p. 10. Emphasis added.
3 The Sydney Morning Herald, Sat 21 Aug 1937, p. 10. Emphasis added.
4 The Sydney Morning Herald, Mon 23 Aug 1937, p. 6. Emphasis added.
5 The Sydney Morning Herald, Tue 24 Aug 1937, p. 6.
6 The Sydney Morning Herald, Wed 25 Aug 1937, p. 10.
7 SRNSW: NRS– [6/19654], NSW police photo books, 28 Apr 1936-8 Sep 1937, No. 30514, p. 267.
8 SRNSW: NRS– [6/19654], NSW police photo books, 28 Apr 1936-8 Sep 1937, No. 30514, p. 268.