Warning: count(): Parameter must be an array or an object that implements Countable in /nfs/c07/h03/mnt/178353/domains/unfitforpublication.org.au/html/plugins/system/gantry/gantry.php on line 406
1876, Joseph Roche and Walter Jonns - Unfit For Publication
Text Size

 

The Sydney Morning Herald, Wed 22 Nov 1876 1

CENTRAL POLICE COURT.
TUESDAY.

    BEFORE Messrs Woods, Bailey, Hughes, Mills, and Perdrian.

    Before Messrs [William] Jolly  and [Richard Grant] Reading. 

    Joseph Roche, of Café Français, King-street, and Walter Jonn, a waiter, were committed to take their trial, on the prosecution of Ellen Marie, who had been living with Roche as his wife, of an offence against nature. Mr Carroll  appeared on behalf of the prisoners.

~ ~ ~ ~ ~

Depositions for Joseph Roche and Walter Jonns 20 Feb and 23 May 1877 Sydney trials 2

George Read, Superintendent

R versus Roche Sodomy

No. 1 Police Station
22nd March 1877

Memo:

Re. attached papers.

    Senior Sergeant Larkins reported for the information of his Superintendent – before the sittings of the last Criminal Court trial – the witness Ellen Marie 3 in the case of the Queen v Roche left Sydney by the MS ship Australia for Europe. The mutilated letter referred to in attached report was written before she left and would not assist in procuring her attendance at the next Criminal Court which will be in May next.

[Signed] Nicolas Larkins, Senior Sergeant.

~ ~ ~ ~ ~

Forwarded to the Crown Solicitor.

[Signed] Edmund Fosbery.

~ ~ ~ ~ ~

Darlinghurst Gaol
Sydney 9th March 1877

The Comptroller General of Prisons

    The accompanying mutilated letter was taken from prisoner James Roche, now awaiting trial for an unnatural offence, it appears to have come from the principal witness against him, and may be useful to the Police.

[Signed] JC Read, 
Gaoler.

~ ~ ~ ~ ~

Inspector General of Police

    Forwarded though it doesn’t seem to be connected with the case.

[Signed] W Gore Beverley, DCP. 20/3/77.

~ ~ ~ ~ ~

Sub-Inspector Read

    Forwarded for Mr Read’s information.

[Signed] Edmund Fosbery, Inspector General of Police.
21.3.77

~ ~ ~ ~ ~

(S. 1.)

Recognizance of Bail.

New South Wales,
TO WIT.                 }

Be it remembered, that on the 22nd day of February, in the year of Our Lord one thousand eight hundred and seventy seven Walter Jonn of 43 Riley Street Sydney, in the Colony of New South Wales, Seymour Deighton Jonn of 43 Riley Street Sydney, [packer] in the said Colony, and Robert Mayne, of 32 Riley Street Sydney in the said Colony, severally personally came before me, the undersigned, one of Her Majesty’s Justices of the Peace for the said Colony, and severally acknowledged themselves to owe our Sovereign Lady the Queen the several sums following (that is to say): the said Walter Jonn the sum of one hundred pounds; and the said Seymour Deighton Jonn and Robert Mayne the sum of fifty pounds 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 Lady the Queen, her Heirs and Successors, if he the said Walter Jonn shall fail in the condition indorsed.

[Signed] Seymour Deighton Jonn, Robert Mayne and Walter Jonn.

Taken and acknowledged the day and year first above mentioned, at the Darlinghurst [Gaol] in the said Colony, before me.
[Signed] JC Read, JP.

Condition in Ordinary Cases.

    The condition of the within written Recognizance is such, that whereas the said Walter Jonn was on the 20th day of February Instant arraigned before his Honor Sir James Martin, Knight, Chief Justice of the Supreme Court of New South Wales with sodomy. If therefore the said Walter Jonn will appear at the next Court of General Gaol Delivery to be holden at Darlinghurst in and for the Colony of New South Wales, on Monday the 14th day of May 1877, at nine of the clock in the forenoon, and then and there surrender himself into the custody of the Keeper of the Gaol there, and plead to such information as may be filed against him 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.

~ ~ ~ ~ ~

New South Wales,
TO WIT.                  }

Be it remembered, that on this 22nd day of February in the year of Our Lord one thousand eight hundred and seventy seven Seymour Deighton Jonn of 43 Riley Street Woolloomooloo and Robert Mayne of 32 Riley Street Woolloomooloo in the Colony of New South Wales, and Walter Jonn now a confinee in Darlinghurst Gaol now here present, severally acknowledge themselves to be indebted to our Sovereign Lady the Queen, in manner following, (that is to say, the said Seymour Deighton Walter Jonn in the sum of fifty one hundred pounds of lawful money of Great Britain, and the said Robert Mayne and Seymour Deighton Jonn in the sum of fifty pounds each of like lawful money; – 

upon condition that if the above bound Walter Jonn appear to answer a charge of sodomy at the suit of our Sovereign Lady the Queen at the Courthouse Darlinghurst situate in Oxford Street Sydney on Monday the 14th day of May next.

And shall not depart without leave of the Court, then this Recognizance shall be void, but otherwise it is to remain in full force.

[Signed] Seymour Deighton Jonn, Robert Mayne and Walter Jonn.

Taken and acknowledged the day and year first above mentioned, before.
[Signed] JC Read, JP.

~ ~ ~ ~ ~

In the Supreme Court of New South Wales, Criminal Jurisdiction

Regina v Walter Jonn

Memo:

    I approve of Seymour Deighton Jonn and Robert Mayne as bail for the prisoner Walter Jonn in the sum of £50 each.

    Dated 22nd day of February 1877.
[Signed] John Williams,  Crown Solicitor.

~ ~ ~ ~ ~

23-11-76.
D. No. 1105

The Inspector General of Police                                                                                          

Regina v Joseph Roche and Walter Jonn or Jonns (sodomy)

    Committed at Central Police Court 21st November, 1876, for trial at first Central Criminal Court, 1877.

    This case entirely depends upon the testimony of Ellen Marie – and the charge may have been instituted from motives of revenge.

    I should like to know whether there is any Police information available concerning her character.

[Signed] William B Dalley, Attorney General.

~ ~ ~ ~ ~

    Further Police report submitted for the information of the Honorable the Attorney General.

[Signed] Edmund Fosbery.
29 November 76.

1

Metropolitan District No. 1 Police Station
28th November 1876

George Read, Superintendent of Police

Regina v Joseph Roache and Jonn, sodomy.

    Senior Sergeant Larkin respectfully reports for the information of his Superintendent that he had charge of the above case, and he could see nothing in the conduct of the witness Madam Marie that would justify the conclusion that the charge against the above men was initiated from any motives of revenge. On the contrary he is of opinion that she gave her evidence very reluctantly and on her examination at the Police Court the second day she displayed a great inclination to have them acquitted not that her evidence was not true but as she stated if Roche was sent to gaol she would be thrown on the streets without means. Nothing is known against Madame Marie’s character further than what appears on the deposition. She was married at Noumea to Dr Marie. He died about two years ago, she then came to Sydney and lived with her sister Madame [L] Courvisier [sic–Courvoisier] who lately kept the Hotel de France in [416] George Street when she became acquainted with Roache.

  The Senior Sergeant begs to add

2

that it has been reported to him several times for the last two years that Roache acted in a similar manner to other men and the Senior Sergeant has very little doubt from the surroundings that those reports were correct but sufficient evidence could not be procured to justify a prosecution.

[Signed] N Larkins, Senior Sergeant.

~ ~ ~ ~ ~

Information – (General Purposes.)

No. 79228                                     

New South Wales,
TO WIT.                  }

Be it remembered, that on this 16th day of November in the year of Our Lord one thousand eight hundred and seventy six at Sydney in the Colony of New South Wales, Ellen Marie of Sydney appears before me the undersigned, one of Her Majesty’s Justices duly assigned to keep the Peace of our Lady the Queen in and for the Colony of New South Wales, and on oath informs me, that on the 16th day of November in the year of Our Lord one thousand eight hundred and seventy six at Sydney in the said Colony, one Joseph Roche did feloniously wickedly and against the order of nature carnally know on a man whose Christian name is Walter but whose surname is unknown and then with him feloniously did commit and perpetrate the abominable crime of buggery, against the Peace of our Lady the Queen, her Crown and Dignity contrary to the Act in such case made and provided; whereupon the said Ellen Marie prays that I, the said Justice, will proceed in the premises according to law.

[Signed] Ellen Marie

Sworn at Sydney in the said Colony, on the day first above written, before me.
[Signed] W[illiam] Crane,  JP.

~ ~ ~ ~ ~

(B.)

Warrant to Apprehend a Person Charged with an Indictable Offence.

To Mr Superintendent Read, a Constable in the Police Force for the Colony of New South Wales, and to all other Constables in said force. Whereas Joseph Roche and a man whose Christian name is Walter but whose surname is unknown of -----, in the said Colony, ----- have this day been charged upon oath before the undersigned, one of Her Majesty’s Justices of the Peace in and for the said Colony of New South Wales, for that they on the 16th day of November now Instant, at Sydney, in the said Colony, did feloniously wickedly and against the order of nature have carnal connection with each other and did commit and perpetrate the abominable crime of buggery.

These are therefore to command you, in Her Majesty’s name, forthwith to apprehend the said Joseph Roche and the man whose Christian name is Walter, and to bring them before me or some other of Her Majesty’s Justices of the Peace in and for the said Colony, to answer unto the said charge, and to be further dealt with according to law.

Given under my hand and seal, this 16th day of November, in the year of Our Lord one thousand eight hundred and seventy six, at Sydney in the Colony aforesaid.

[Signed] W Crane, JP.

~ ~ ~ ~ ~

(M., 11 & 12 Vic. Cap. 42.)

Depositions of Witnesses.

New South Wales, City of Sydney
TO WIT.                                       }

The examination of Nicolas Larkins a Senior Sergeant of the Police Force, Sydney in the Colony of New South Wales, Ellen Marie of the Café de Paris [123] King Street, Sydney Georgina Rance of the Café de Paris, barmaid and Hector Delaizement of King Street, Sydney, in the said Colony, billiard marker taken on oath this 17th and 21st days of November in the year of Our Lord one thousand eight hundred and seventy six at the Central Police Court, Sydney in the Colony aforesaid, before the undersigned, two of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of Joseph Roche and Walter Jonn who are charged this day before us for that they the said Joseph Roche   and Walter Jonn   on the 16th day of November Instant at Sydney in the said Colony, did feloniously, wickedly, and against the order of nature, have carnal connection with each other, and did commit and perpetrate the abominable crime of buggery. 

1

Joseph Roche and Walter Jonn sodomy.

Senior Sergeant Nicolas Larkins on oath states:–

    Between one and two o’clock on yesterday afternoon, I arrested the prisoner Roche at his residence in King Street, by virtue of the Warrant [see above] which I now produce, wherein he is charged for that he did, at Sydney, on the 16th Instant, feloniously wickedly and against the order of nature, have carnal

2

connection with a man named Walter, and did commit and perpetrate the abominable crime of buggery.

    In reply, the prisoner said, “I did not do it.” 

    Between 2 and 3 o’clock on yesterday afternoon, I arrested the other prisoner in the Glasgow Arms in [358] George Street, by virtue of the Warrant produced, I read it to him, and he said, “I am not guilty.”

[Signed] Nicolas Larkins.

Sworn at Sydney this 17th November 1876 before.
[Signed] W Jolly, JP., R Grant Reading, JP.

3

Ellen Marie on oath states:–

    My information refers to the prisoner.

    I know the prisoner Roche, and I have lived with him, as his wife, for over two years, he is the proprietor of the Café de Paris in King Street, and has been the proprietor ever since off the 7th July last, and I have occupied the same bedroom with him.

    I know the other prisoner, through him coming in and out of the house, he generally came there about 10 or 12 o’clock at night, and the

4

prisoner Roche often went out with him. On last Wednesday Tuesday night, they went out together at a quarter to 12 o’clock, and the prisoner Roche returned home alone, at about half past 1 o’clock in the morning, and after he returned home, he beat me, and he slept in a different room to what I did – when the prisoner Roche came home, I said to him, “You are late”, he then said, “You disgusting woman, I would rather sleep with a man, than you” – I said, “Yes, that is where you have just come from.”

    On last Wednesday night I went to bed at about quarter to 12 o’clock,

5

I didn’t see Jonns before I went to bed. Roche was in the bar when I went to bed. After I had been in bed for some time, Roche came into my bedroom for a light. He went out with the candle. I asked him if he was going to remain, or sleep in a separate room. He said that he would return in a few minutes. He didn’t return, and about 10 minutes after he had left the room, I got up, and in the second room from mine, I saw a light. I walked up slowly and opened the door, and I saw the prisoner Jonns

6

lying on the bed as stark naked as the day he was born. He was lying on the side of the bed lengthways, and the prisoner Roche was standing at the side of the bed, with his trousers down to his knees, and was having connection with Jonns.

  Roche had all his clothes on at the time. I couldn’t say whether he had his coat on when I opened the door. I said, “Is it possible to do such a thing?” They made no reply – I said, “Is it possible to do such a thing in the house I am living, and

7

close to my bedroom?” Roche came towards me and shut the door in my face. I broke a pane of glass in the door and I saw Jonns lying on the bed. Roche then came out of the room and beat me very much dreadfully, and caused the marks which now appear on my face. The barmaid, and the housemaid, got up and listened to what was going on.

    I saw the prisoner Roche’s person when he was having connection with Jonns.

    When I opened the door Jonns was lying on the bed naked, and

8

Roche had his trousers down to his knees. He was behind Jonns, and was holding him to him with his two hands. I then called out to them. Roche then jumped away from Jonns, and I saw his person.

    Mr Roche put me downstairs, and I insisted upon Jonns leaving the house, and Roche said that he shouldn’t leave the house. Jonns abused me.

    It was about half past 2 o’clock in the morning when Roche came into my room for a light. After Roche beat me, he left the house and I did not see him again till 8 o’clock in the

9

morning. I spoke to him, and he said that I would have to leave the house. He said that he would sell out on Saturday, and go away with the young man. I said, “Then you (own ?) that I have seen you?”, and he said, “You wanted to see me, and you have seen me.”

[Signed] Ellen Marie.

Sworn at Sydney this 17th November 1876 before.
[Signed] William Jolly, JP, R Grant Reading, JP.

    Remanded till next Tuesday morning at 10 o’clock, bail refused.

Sydney 17th November 1876.
[Signed] William Jolly, JP, R Grant Reading, JP.

10

Ellen Marie recalled and resworn saith:–

    The room where the prisoners were, is a single bedded room. On the day in question I saw Jonns lying stark naked. That’s all I saw. I also saw the prisoner Roche’s trousers down. They were close together. I saw both their persons. I saw the prisoner Jonns lying stark naked on the bed and the prisoner Roche with his two hands on his (Jonns’s) body. Roche was standing. I saw him in no other position.

11

When I opened the door, and made some remark, Roche turned round and I then saw his person. I did not see Jonn’s person. The lower part of Roche’s body was against the flesh of Jonn’s body.

    By Mr Carroll: Since Jonns came to the house, he has been a curse he made Roche drink and also encouraged him to go out and every time he (Jonns) came into the house he (Roche) always beat me. I am quite cool and

12

calm and remember all that took place. When I saw that Roche occupied the same room, I mean he slept in same bed, I was in the family way since I have been living with Roche. Dr [Louis Thomas] Laurie [aka Lauré, 131 Castlereagh Street, Sydney] did not take the child away. I gave birth to the child 12 months on the 29th last November. I am married. My husband has been dead about three years. When I saw Jonns he was lying partly on his side. I will

13

will [sic] not swear that the private parts of Roche entered the private parts of Jonns. What I have just said is correct. I cannot be mistaken. I am positive. I knew Roche was a married man – I was in the family way when I went to live with him. My son’s money purchased the hotel; but under a bill of sale Roche is the owner of it. Since the difference between us he (Roche) threatened to (see ?) off, and go

14

away. I am jealous of Roche because I loved him; and did not like him to go away. I am not jealous of any woman but there was a woman with whom Roche used to make too free of with. What I mean is, he used to pull her about.

    I am a woman of a violent temper. When I say violent, I mean it passes over in a moment.

[Signed] Ellen Marie.

Central Police Court, Sydney 21st November 1876.
Sworn before W Jolly, JP., R Grant Reading, JP.

15

Georgina Rance on oath states:–

    I am barmaid at Roche’s Café de Paris in King Street, in this city. I was there on Thursday morning last. I know where the bedroom where Roche and complainant occupied. I occupied the a bedroom on the same floor. It was 12.30 am when I went to bed – after I had been in bed some time, I was disturbed by hearing prosecutrix breaking the glass in the bedroom door. I got up

16

and looked at my watch. It was then 3 o’clock. I got dressed and listened. I heard call prosecutrix call out to Mr Roche, and reproach him; and I heard her say that she could forgive him if he had a dozen women in the house, but not a man. She also said that that man (meaning Jonns) should leave the house. I heard Roche say in reply, that she wanted to see him and she had seen him. When prosecutrix insisted

17

that Jonns should leave the house, Roche said that he should not. I heard the prisoner “Roche” threatening her. I let her through my bedroom, and she went and called the billiard marker.

  I did not see anything more of the prisoners after but I heard them go downstairs. I heard Roche and Jonns talking outside the bedroom door. I never knew Jonns to sleep in the house. He is not in any way connected with the house. I have noticed him (Jonns) in

18

the café, frequently, and when he came in Roche ill-treated the prosecutrix. I have seen Roche and Jonns go out together. The night before I saw the prosecutrix and Roche sitting on a sofa. They were having some words, and I saw Roche pick her up and throw her down, near a table. Mr Roche had just come in at that time – I went away.

    By Mr Carroll: After the night in question, Roche beat the prosecutrix.

[Signed] Georgina Rance.

Central Police Court Sydney 21st November 1876. Sworn before.
[Signed] William Jolly, JP, R Grant Reading, JP.

19

Hector Delaizement on oath states:–

    I am a billiard marker, and have been employed as such at the Café de Paris in King Street in this city. I remember the morning of the 16th November Instant. Last Thursday morning I went to bed at 25 minutes to 3 o’clock on that morning.

    Before going to bed, I, and the two prisoners were in the bar. I went out into the street, leaving them there, and afterwards went to bed.

    About 3 o’clock

20

the prosecutrix came and called me. I was sleeping downstairs. The prosecutrix made a complaint to me. I got up, and came upstairs, and came downstairs to the bar. I saw Roche standing against the bas, and Jonns was standing over against the door. I said nothing to him (Roche) at that time. About 2 minutes after, I spoke to him. He wanted to strike the prosecutrix and I said that he would not before me. That we would have to

21

fight together. I heard prosecutrix call the prisoner Jonns a wretch, and heard her accuse Roche of being in the room upstairs with Jonns. When she came to me in the kitchen, she spoke to me in French, and she and told me that I must come and protect her, that Roche would ruin her, and that Roche was in the bed with a man who was naked. I don’t remember saying anything to Roche. I was too

22

excited.

[Signed] Hector Delaizement.

Central Police Court Sydney 21st November 1876 Sworn before.
[Signed] William Jolly, JP, R Grant Reading, JP.

~ ~ ~ ~ ~

(N., 11 & 12 Vic., Cap. 42.)

Statement of the Accused.

New South Wales,
TO WIT.                  }

Joseph Roche stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 21st day of November in the year of Our Lord one thousand eight hundred and seventy six for that he, the said Joseph Roche on the 16th day of November at Sydney, in the said Colony, did feloniously, wickedly and against the order of nature have carnal connection with another man, and did commit the abominable crime of buggery and the examination of all the witnesses on the part of the prosecution having been completed, and the depositions taken against the accused having been caused to be read to him by me, the said Justice, (by/or) before whom such examination has been so completed; and I the said Justice, having also stated to the accused and given him clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to him to induce him to make and admission or confession of his guilt, but that whatever he may say may be given in evidence against him upon his trial, not withstanding such promise or threat; and that the said charge being read to the said Joseph Roche and the witnesses for the prosecution being severally examined in his presence, the said Joseph Roche is now addressed by me as follows:– “Having heard the evidence, do you with 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 in evidence against you upon your trial;” whereupon the said Joseph Roche saith as follows:– “I have nothing to say.”

Taken before me, at Sydney in the said Colony, the day and year first mentioned.

[Signed] William Jolly, JP.

~ ~ ~ ~ ~

(N., 11 & 12 Vic., Cap. 42.)

Statement of the Accused.

New South Wales,
TO WIT.                   }

Walter Jonn stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 21st day of November in the year of Our Lord one thousand eight hundred and seventy six for that he, the said Walter Jonn on the16th day of November Instant at Sydney, in the said Colony, did feloniously wickedly, and against the order of nature have carnal connection with another man and did commit the abominable crime of buggery, and the examination of all the witnesses on the part of the prosecution having been completed, and the depositions taken against the accused having been caused to be read to him by me, the said Justice, (by/or) before whom such examination has been so completed; and I, the said Justice, having also stated to the accused and given him clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall say may be given in evidence against him upon his trial, notwithstanding such promise or threat; and the said charge being read to the said Walter Jonns and the witnesses for the prosecution being severally examined in his presence, the said Walter Jonns is now addressed by me 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 in evidence against you upon your trial;” whereupon the said Walter Jonn saith as follows:– “I am not guilty.”

Taken before me, at Sydney in the said Colony, the day and year first above mentioned.

[Signed] William Jolly, JP.

~ ~ ~ ~ ~

The prisoners are committed to take their trial at the next Court of Gaol Delivery.

    Bail refused.

[Signed] W Jolly, JP., R Grant Reading, JP.

Central Police Court Sydney 21st November 1876.
[Signed] W Jolly, JP., R Grant Reading, JP.

~ ~ ~ ~ ~

(O. 1, 11 & 12 Vic., Cap. 42.)

Recognizance to give Evidence.

New South Wales,
TO WIT.                  }

Be it remembered, that on the 21st day of November in the year of Our Lord one thousand eight hundred and seventy six Nicolas Larkins a Senior Sergeant of the Police Force, Ellen Marie of King Street Sydney in the Colony of New South Wales, Georgina Rance of King Street Sydney in the said Colony, and Hector de Lazement  of King Street Sydney in the said Colony, billiard marker personally came before the undersigned, one of Her Majesty’s Justices of the Peace for the Colony of New South Wales, and acknowledged themselves to owe our Sovereign Lady the Queen the sum of

FORTY POUNDS EACH,

of good and lawful money of Great Britain, to be made and levied on their goods and chattels, lands and tenements, to the use of our said Lady the Queen, her Heirs and Successors, if they the said before mentioned persons shall fail in the condition indorsed. [Signed] N Larkins, Ellen Marie, Georgina Rance and Hector Delaizement.

Taken and acknowledged, the day and year first above mentioned, at Sydney in the said Colony, before me.
[Signed] W Crane, JP.

    The condition of the within written Recognizance is such, that whereas Joseph Roche and Walter Jonn was this day charged before William Jolly and RG Reading Esquire two of Her Majesty’s Justices of the Peace for the said Colony, with feloniously wickedly and carnally having connection with each other.

If therefore, they the before mentioned persons shall appear at the next Court of Gaol Delivery to be holden at Sydney, in and for the Colony of New South Wales, ----- at nine of the clock in the forenoon, and then and there give such evidence as they know, upon an information to be then and there preferred against the said Joseph Roche and Walter Jonn for the offence aforesaid, to the jurors who shall pass upon the trial of the said Joseph Roche and Walter Jonn then the said Recognizance to be void, or else to stand in full force and virtue.

[Signed] W Crane, JP.

~ ~ ~ ~ ~

Joseph Roche’s letter 4

Presumably envelope which contained Joseph Roa- che’s letter to Walter Jonns. Photo: Peter de Waal
Presumably envelope which contained Joseph Roache’s
letter to Walter Jonns. Photo: Peter de Waal

1

    My dear (Ian ?) I hope you will do lissen at the advice I am going to give you that is when you will get out go and stay at Mr Cabbin place gleeb [sic–Glebe, a Sydney suburb] he will tell you all and haf a letter for you good by till we meet again when shall that be shall you ever come and meet me I shall be happy if I see you again I am still yours if you wish I know that I am older than you but what maters about the age or buty if you have a kind and true wife don’t forget to come and see Mr Morelat and Ed. I want put much particulars in this note for it may be found (?) will know all by Mr Cabbin Mr Cabbin is the only frend I found in all my trubles he is also a good frend for you. He always tels me that you will be good again. He will tell you all you will find your close with me dont forget the one who loves you so truly. Dont go to Carrels you

2

You will drink too much if you go there. They are good people but they haf too much Company and Tom Burns never speaks to him. Keep as still and to yourself as much as possible. Do all this for my sake and your own interest dont forget to call on Mrs Morelat. When shall we meet again I am still so jellise of you I cannot help dont forget in what trouble haf I got you to true yours for ever a thought for me every night

Page 1 of Joseph Roache’s letter to Walter Jonns. Photo: Peter de Waal
Page 1 of Joseph Roache’s letter to Walter Jonns.
Photo: Peter de Waal

3

I always donne all I could to make you happy. What can you reproch to me the only thing is I loved you too much. I shall never forget you my love is always true to you I cannot belive that ever you will. My dear love live with me again for your louve is not true to me if your louve is true to me you will follow me to a strange land and write to me.

    The mail but as ever my (lack ?) is so great that Mr Dezarnauld sent me an order on the bank and he forgot to sine his name at the bottom there for I cannot get my money. I do not know how to manige. I must send it back to him, I would haf left if I had receved the money. The order was only fifty £ he as charged me 40 pounds for just settling with Mr Richard the person you sent to see me is not any good. I do not wish to speak against you again if I could leave sydney I think it is the best way to get you out of your truble, they want keep you in so long as you think they you will been bound down to speak when called self the futher will tell me your mind for me your mind for me every day. I rather poyson my self than live much longer in such truble I have written to your sister Jane last week I received a very nice letter from her, they are all well I always wished to live happily with you to give me a (sod ?) to rest (underneath ?) for I am not able to prevent my (?) who louves you read well thiss letter

4

    (Upon ?) no sollisciter will do any thing with haveing the cash down the time is geting so close that I realy do not know what to do if you had left me the (?) I could haf had a few hundred pounds out of it. I was told that Bannette sold it nine hundred pounds. I whent to him serverel times but he will not tell me any thing. Why donnt you write to him look all that many since the 7th July throne in the streets and to want a shiling if she had reseved hers she would haf lent me some but the last mail did not fetch any there as been always a course on me ever since I landid in Sydney and it is worse and worse every day every thing I try to do I cannot see it is a fresh truble for me every day against you again if I could leave Sydney I think it is the best way to get you out of your truble they wont keep you in so long as you think they you will be bound down to epear when called self the futhur (future ?) will (be ?) me your mind.

    [Note the following text written around the edges of pp. 3-4 above] // a thought for the one who louves you // happyness for we could haf been happy // but to my sorrow I always had mates around me to previde for my

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

21st November 1876
No. 1105
Depositions
Regina No. 1
v.
Joseph Roche
and
Walter Jonns
1st court of gaol delivery 1877
(see fold)
Central Police Court

~ ~ ~ ~ ~

Sodomy

[Initialled] WBD [William Bede Dalley] AG
23/11/76

~ ~ ~ ~ ~

This case entirely depends upon the testimony of Ellen Marie & the charge may have been instituted from motives of revenge. I should like to know whether there is any police information available concerning her character.

[Initialled] WBD AG

~ ~ ~ ~ ~

The Inspector General of Police BC 23rd November, 1876
See Police Report herewith
29:11:76.

~ ~ ~ ~ ~

Justice J Martin’s Notebook 5

86

[1st Trial – SGD, Tuesday 20 February 1877] 6
Regina v Joseph Roche, Walter Jonn – sodomy.

These prisoners being arraigned plead not guilty. 

    [WJ] Foster [Crown prosecutor] states that Walter Jonn is not now ready to go on with the case as the principal witness has gone out of the Colony. He applies to postpone the case till next sittings. 

    Brown for prisoner Roche asks that he be let out on his own recognizance. 

I order the case to be postponed till next sittings

87

& order him to be admitted to bail on (?) of him entering into his own recognizance in £100 with two sureties in £50 each in one (?) in 100 – the same bail if sufficient may be given for each and the bail may be taken before a quarter of the (?) (on ?) (?) the Crown. In approving the sufficiency of the bail 7

~ ~ ~ ~ ~

Evening News, Tue 13 Feb 1877 8

CENTRAL CRIMINAL COURT.

  The following is the list of cases for trial at the Central Criminal Court commencing to-morrow morning:—Hugh [sic] Roach and Walter Tonn [sic], sodomy;

~ ~ ~ ~ ~

The Sydney Morning Herald, Wed 21 Feb 1877 9

CENTRAL CRIMINAL COURT.
TUESDAY.

    BEFORE his Honor Sir James Martin, Chief Justice.
    Mr WJ Foster  prosecuted for the Crown.

CASES POSTPONED.

    In the cases Joseph Roche and Walter John [sic], charged with an unnatural offence, Frederick Clough, charged with assault and robbery, and John Albert, charged with inflicting grievous bodily harm, the prisoners were bound over to appear at the next sittings of the Central Criminal Court.

    This concluded the business of the sittings. The jurors summoned to attend the Criminal Court at Darlinghurst on Thursday next will accordingly not be required to attend.

~ ~ ~ ~ ~

The Sydney Mail and NSW Advertiser, Sat 24 Feb 1877 10

CENTRAL CRIMINAL COURT.

    BEFORE his Honor Sir James Martin, CJ.

CASES POSTPONED.

    In the cases Joseph Roche and Walter John, charged with an unnatural offence, Frederick Clough, charged with assault and robbery, and John Albert, charged with inflicting grievous bodily harm, the prisoners were bound over to appear at the next sittings of the Central Criminal Court.

~ ~ ~ ~ ~

The Sydney Morning Herald, Thu 24 May 1877 11

CENTRAL CRIMINAL COURT.
WEDNESDAY.

    BEFORE his Honor Mr Justice Hargrave. 12
    The Attorney-General prosecuted for the Crown.

CASES POSTPONED.

    Joseph Roche and Walter Jonn, charged with an offence against nature, were called on, and, there being no appearance of the prosecutor, prisoners were discharged on their own recognizances in £40 to appear when called upon by the Attorney-General.

~ ~ ~ ~ ~

The Sydney Mail and NSW Advertiser, Sat 26 May 1877 13

LAW
CENTRAL CRIMINAL COURT.

    Before His Honor Mr Justice Hargrave.
    The Attorney-General prosecuted for the Crown, assisted by Mr Carroll.

CASES POSTPONED.

    Joseph Roche and Walter Jonn, charged with an offence against nature, were called on, and, there being no appearance of prosecutor, prisoners were discharged on their own recognizances in £40 to appear when called upon by the Attorney-General.

    This brought the business of the sessions to a close.

 


1    The Sydney Morning Herald, Wed 22 Nov 1876, p. 7.

2    SRNSW: NRS880, [9/6604], Supreme Court, Papers and depositions, Sydney, 1876, No. 1105. Emphasis added.

3    Mn: Forwarded to the Inspector General of Police. The Police used every effort to prevent the departure of this woman

4    It was transcribed, from a poor quality copy, as found except for some punctuation.

5    SRNSW: NRS7378, [2/6163], Judiciary, J Martin, CJ. Notebooks Criminal, Sydney, 1873-86, pp. 86-7. Emphasis added.

6    A brief, procedural hearing for the purposes of adjournment.

7    Incomplete sentence? Unclear.

8    Evening News, (Sydney, NSW), Tue 13 Feb 1877, p. 2.

9    The Sydney Morning Herald, Wed 21 Feb 1877, p. 7. Emphasis added.

10  The Sydney Mail and NSW Advertiser, Sat 24 Feb 1877, p. 243. Emphasis added.

11  The Sydney Morning Herald, Thu 24 May 1877, p. 7.

12  Justice Hargrave’s Darlinghurst Criminal cases notebook, vol 16, (covering possible period 14 May 1876–12 May 1878) could not be located at SRNSW.

13  The Sydney Mail and NSW Advertiser, Sat 26 May 1877, p. 659.