The Maitland Mercury and Hunter River General Advertiser, Sat 14 Apr 1877 1
LOCAL NEWS.
…
MAITLAND CIRCUIT COURT.—The following custody cases are set down for hearing, before the Chief Justice, Sir James Martin, at the Circuit Court, to be holden at East Maitland, on Tuesday next, at 10 am:—
Ann Scott, infanticide, Newcastle bench;
Patrick Henry Breen, manslaughter, Maitland bench;
John Ryan, alias Charles Linden, horse stealing, Murrurundi bench;
Frank Redman, [aka Frank Redmond] sodomy, Newcastle bench.
The above is a list of custody cases only; we were unable to obtain a list of cases in which the accused are out on bail,
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Depositions for Frank Redmond 18 Apr and 17 Oct 1877 Maitland trials 2
3.1.77
Attorney General’s Department, No.79
(N., 11 & 12 Vic., Cap. 42.)
Depositions of Witnesses.
New South Wales,
TO WIT. }
Regina v. Frank Redmond
Sodomy
The examination of Denis Finigan of Newcastle in the Colony of New South Wales, a Senior Constable in the Police Force of the said Colony; John Taylor of Newcastle, ordinary seaman; Richard Harris of Newcastle a duly qualified practitioner and Lewis Griffiths of Newcastle, a Senior Constable, taken on Oath this 14th day of December in the year of Our Lord one thousand eight hundred and seventy six at Newcastle in the Colony aforesaid, before the undersigned one of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of Frank Redmond [aka Redman] who is charged this day before me for that he the said Frank Redmond on the 13th day of September 1876 at Newcastle in the said Colony, did attempt to commit sodomy on a lad named John Taylor.
1
Denis Finigan, on Oath, deposes; I am a Senior Constable in the Police Force of the Colony, stationed at Newcastle. Yesterday morning about 2 o’clock, from information received, I charged the prisoner now before the Court (Frank Redmond) at the lock up here at Newcastle with attempting to commit sodomy on a lad named John Taylor at Sullivan’s boarding house at Newcastle. I told the prisoner the charge, and he said nothing. Saying “No, no”. I then asked him if he understood the charge, he said “Yes.” The lad Taylor was present at the time I charged the prisoner with this offence. I then brought Taylor to Dr Harris’s surgery for examination. He was examined by Dr Harris. After Taylor and I had come out of the Harris (?), from what Taylor told me, I accompanied him to Sullivan’s boarding house
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in Watt Street; where Taylor showed me into a bedroom upstairs in the house. He there pointed out to me the bottle I now produce (Exhibit A) which appears to have been recently contained oil: it was lying on the floor in the room in the same state it is in now. The prisoner was sitting in the receiving room of the lock up when I arrived there and the prosecutor (Taylor) was standing outside in the street, talking to two Constables – Senior Constable Griffiths and Constable Sherlock.
[Signed] Denis Finigan. Taken and sworn at Newcastle this 14th day of December 1876 before me.
[Signed] Helenus Scott, PM.
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John Taylor, on Oath deposes, I am 19 of age, I am ordinary seaman aboard the barque Silver Stream now lying in the harbour at Newcastle. The vessel is registered at Adelaide. She is lying here in the “steam” (?) two + day night about ½ past 8 the Chief Officer and I came ashore in the ship’s boat. The Mate to come to wait for him to take him back. I was lying at the stern of my boat in the Market Basin where the prisoner came. He stood on the wharf and called out “Who’s there?” I said, “I’m looking after the boat.” The prisoner then asked me if the Mate was a (?). I said “Yes”. He then asked if the Steward was a share? I said “No”. He then asked me to come up and have a talk with him. I then jumped up on to the wharf and sat down on the side there alongside him. Whilst staying there prisoner and I took 2 lots of passengers across
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to the north shore, (?) being no other boats there and at that time. On our return the last time, it was about 12 o’clock. The prisoner then offered to help me with my boat to the ship and I said to him, that if he wanted, there was a spare bunk there, and I would lend him a blanket. He said, “Never mind; if you like you can stay at my lodgings.” I then said, “I want to wait till the Mate comes.” He said “He won’t be here tonight.” I then said, “ If you didn’t help me on board, I’ll have to stop on shore, as there was a stiff breeze blowing, and I couldn’t manage the boat myself. He then said “Come up to my lodgings”. I said I would accept it. He then said, “There is only one bed in the room. I’ll sleep on the floor and you can have the bed.” I said, “No, I would not rob any man of his bed.” During this conversation we were going towards where he said he lodged. At the last of the conversation
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we had arrived at the door of said lodgings, which I now know to be kept by Mrs Sullivan, situated in Watt Street. At the time of the conversation I have referred to between the prisoner and myself, I was not aware who kept this lodging house. The prisoner knocked at the door, when a young woman opened the door and immediately went upstairs. The prisoner then squeezed me by the hand, and pulled me in, and led me upstairs. We went there’s a passage on to a balcony, and then passed through a large room into a small bedroom. I struck a match and lit a candle. The prisoner then told me to lie down on the bed, but I declined and laid down on the floor taking my boots and (?) off. The prisoner then took off his clothes, stripped naked and came to me. He said “Come, come, get into
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bed.” I said, “No.” He then put his arm around my waist and lifted me on to his bed. I said, “What do you want me for here?” He said “Only to lie here”. I said, “I’ll be quite satisfied to be on the floor.” He said, “No; let us have our trousers off”. I said “No, I didn’t want them off.” He then took hold of my buckle and by force pulled my trousers off. I had no braces on. I then said “If you want me to lie here I’ll take my coat off too,” which I then took off. He then went and brought the bottle produced from the corner of the room. He returned to bed with the bottle and laid down beside me again, and then put out the light. I then there said “There’s not room for 2 of us; you had better let me get up.” He said, “No, lay where you are”. He then wetted my seat with the oil. He then put his person – his privates – to me. I felt
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him. He did not make any remark. He heard me a little. After putting the oil to my (?), he turned me over in the bed on my face, and got on the top of me. He remained in top position for about 2 minutes, during which time he was trying to commit an unnatural crime on me. His person did just enter my flesh. It was then he hurt me a little. I then pulled away from him, and jumped out of bed, telling him that I wanted to go to the closet, I got out of bed, and struck a match. He said, “Where are you going; what are you going to do?” I replied “I’m going to the closet.” I pulled on my clothes as quick as I could. When I struck a match I lit the candle. The prisoner was sitting up in bed, naked, while I was pulling on my clothes. He said, “Should I come with you?” I said “Yes, if you like.” He said, “Into the back yard?” I said, “No.” I then went on to the balcony and tried a
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door to get out but I could not get through. That time the prisoner came up. He was dressed (?). I then got on to the railings of the balcony and jumped into the street. I then went to the Police Station. The assault made by the prisoner on me was against my will. I was frightened to sing out as I saw a knife – a small pen knife – on the table in the room. The prisoner is a stranger to me; I never saw him before that night.
Examined by prisoner: There was a pen knife on the table in the room; a black handled knife. He did ask me to come into bed. You did pull off my clothes. You caught hold of me bodily and lifted me on to the bed. You had connections with me.
Re-examined by Senior Sergeant Conway: At the time I was assaulted in the way I have described by the prisoner, we both were one side of the bedclothes.
[Signed] John Taylor. Taken and sworn at Newcastle this 14th day of December 1876 before me.
[Signed] Helenus Scott, PM.
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Richard Harris, on Oath, deposes, I am a duly qualified medical practitioner residing at Newcastle. On the morning of the 13th inst. At about 2 o’clock, one of the Constables, – Senior Constable Finigan – called on me to examine a lad on whom an unnatural offence had been committed. The last Witness (John Taylor) is the lad. I did examine him and found the skin surrounding the anus greatly abrased, as if great violence had been used very recently, and the part was still moist.
Senior Sergeant Conway: It had all the appearance as if a full grown man had had recent connection with him.
[Signed] Richard Harris. Taken and sworn before me at Newcastle this 14th day of December 1877.
[Signed] Helenus Scott, PM.
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Lewis Griffiths, on oath, deposes, I am Senior Constable in the local Police at Newcastle, and at present acting as lock up keeper during the night at Newcastle. Between 1 and 2 o’clock in the morning I was on duty at the lock up, when the lad, John Taylor, now in Court knocked at the door of the lock up. I opened the door, and he rushed in in an excited state. He said “Shut the door.” I asked him “What’s the matter?” The prisoner was passing at the time. I called to him thinking something was wrong. I called him twice. I brought him in inside the receiving room of the lock up where Taylor was. I then went to the back yard with Taylor to hear his complaint. I remember what Taylor told me, I kept
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the prisoner until Senior Constable Finigan arrived. Who them took the case in hand. The prisoner appeared sober, and Taylor rather excited.
Examined by prisoner: I saw no knife with you when you were searched at the lock up.
[Signed] Lewis Griffiths. Taken and sworn at Newcastle this 14th day of December 1876 before me.
[Signed] Helenus Scott, PM.
The prisoner (Frank Redmond) is hereby committed to take his trial for the offence as listed against him in the charge, at the next Circuit Court to be holden at the Court House, East Maitland on or about the 17th day of April next [1877]. By me at the police Office Newcastle in the Colony of New South Wales, this 14th day of December 1876.
[Signed] Helenus Scott, PM.
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(N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales,
TO WIT. }
Regina v. Frank Redmond, Sodomy
Frank Redmond stands charged before the undersigned one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 14th day of December in the year of Our Lord one thousand eight hundred and seventy six for that he, the said Frank Redmond on the 13th day of December Instant at Newcastle, in the Colony, did attempt to commit sodomy on a lad named John Taylor and the examinations 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 or favour, and nothing to fear from any threat which may be holden out to him to induce him to make any admission or confession of his guilt, but that whatever he may 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 Frank Redmond and the witnesses for the prosecution John Taylor, Denis Finigan, Richard Harris, and Lewis Griffiths being severally examined in his presence, the said Frank Redmond 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 Frank Redmond saith as follows:– “I am not guilty”.
Taken before me, at Newcastle in the said Colony, on the day and year first above mentioned.
[Signed] Helenus Scott, PM, JP.
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(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence
New South Wales,
TO WIT. }
Regina versus Frank Redmond, Sodomy.
Be it remembered, that on the 14 18th day of December in the year of Our Lord one thousand eight hundred and seventy six Denis Finegan a Senior Constable of the Police Force, stationed at Newcastle in the Colony of New South Wales, John Taylor of Newcastle seaman, Richard Harris of Newcastle surgeon and Lewis Griffiths of Newcastle in the said Colony, Constable 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 conditions endorsed. Taken and acknowledged, the day and year first abovementioned, at Newcastle in the said Colony, before me.
[Signed] Helenus Scott, JP.
The condition of the within written Recognizance is such, that whereas Frank Redmond on the 14th Instant was charged before me, Helenus Scott, Esquire one of Her Majesty’s Justices of the Peace for the Colony, with attempting to commit sodomy on a lad named John Taylor. If therefore, they the before mentioned persons shall appear at the next Court of Assizes to be holden at Maitland, in and for the Colony of New South Wales, on the 17th day of April next, 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 Frank Redmond for the offence aforesaid, to the Jurors who shall pass upon the trail of the said Frank Redmond then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] Helenus Scott, JP.
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[On the depositions’ cover sheet is the following]
14th December 1876
No. 19
Depositions
No. 2 No. 1
Regina v. Frank Redmond
Attempt to commit Sodomy
Court of Assize
Maitland
17th April 1877
see inside
[Initialled] W[illiam] B[ede] D[alley] AG 4/1/76 [sic–4/1/77]
Newcastle
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Sodomy
[Initialled] WBD [William Bede Dalley] AG
4/1/76 [sic–4/1/77]
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Justice J Martin’s Notebook 3
125
[Maitland, Wednesday 18 April 1877]
Regina v Frank Redmond
Sodomy
This prisoner being arraigned pleads not guilty.
The Attorney General states: that he is not prepared to go on with the case by reason of the absence of witnesses & asks for a postponement.
I postponed the trial but allowed the prisoner bail (himself ?) in £100 and two sureties in £50 each to appear at the next Maitland Circuit Court.
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The Maitland Mercury and Hunter River General Advertiser, Thu 19 Apr 1877 4
MAITLAND CIRCUIT COURT.
————
WEDNESDAY 18 APRIL [1877]
The Court reopened at ten o’clock.
…
SODOMY
Frank Redman [sic] was indicted for having, at Newcastle, on the 13th of December, 1876, committed this offence. Prisoner pleaded not guilty.
The Attorney General said owing the absence of one of the witnesses he would be unable to proceed with the case. He asked that the case might be allowed to stand over till the next Circuit Court. He would have no objection to bail being allowed.
The prisoner in answer to his Honor said he was a native of the East Indies, and a stranger at Newcastle.
His Honor, after reading the depositions, postponed the case, and informed the prisoner that he would be granted bail, himself in £100, and two sureties of £50 each, to appear at the next Circuit Court at Maitland.
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The Maitland Mercury and Hunter River General Advertiser, Sat 13 Oct 1877 5
MAITLAND CIRCUIT COURT.
————
The Maitland Circuit Court opens at East Maitland on Tuesday next at 10am, before his Honor Sir William Manning. The following is a list of cases in which the accused are in custody:—
James Collins, stealing from the person; Newcastle bench.
Alick Quartro, ditto; Newcastle bench.
Thomas Smith, forging and uttering; West Maitland bench.
Nancy Phillips, passing valueless coin; Dungog bench.
John Samuel Warby, breaking and entering; East Maitland bench.
David Detmold, larceny, East Maitland bench.
John Duggan, larceny, Newcastle bench.
Frank Redman, [aka Frank Redmond] attempt to sodomy, Newcastle bench (postponed from last sittings)
Elizabeth Perry, infanticide, Newcastle.
Thomas Steele, attempt at sodomy, Newcastle.
Alexander McLean, forging and uttering. East Maitland bench.
Alexander McLean, false pretences; Newcastle bench (three cases.)
There are several cases in which the accused are admitted to bail, but we were unable to obtain a complete list in time for this publication.
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Justice WM Manning’s Notebook 6
62
Maitland Oct 17, 1877
No. 14 Regina v. Frank Redmond
East Indian
Attempt at Sodomy
(Mr Henley ?) stated that he had not a (necessary ?) witness & could not (proceed ?) – that the prisoner had been indicted & pleaded at (Court ?) (?) (?) (remanded ?) in consequence of the absence of (?) witness (admits ?) his right to be discharged.
Discharged upon his own recognizance to appear when called upon – £40.
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The Maitland Mercury and Hunter River General Advertiser, Thu 18 Oct 1877 7
MAITLAND CIRCUIT COURT.
————
(Continued from another page.)
WEDNESDAY, OCTOBER 17.
The Court re-opened at ten o’clock. In addition to the members of the bar, already mentioned, Mr HE Cohen and Mr O’Keeffe were also in attendance.
…
ATTEMPT TO COMMIT AN UNNATURAL OFFENCE.
Frank Redman [sic], a native of the East Indies, was then called, on the above charge. The Crown Prosecutor said that the prisoner had been arraigned at the last Assizes, and the case could not be gone with, as a material witness was then absent and was so still. Prisoner was discharged in his own recognisance of £40 to appear when called on.
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Frederick Redmond, Gaol photo sheet 8
![SRNSW: NRS2397, [3/6009] , Parramatta photographic description book, 1880-1891, No. 384, p. 247, R5136.](/images/trials/1877-Redmond-6009-gaol-photo-384.jpg "SRNSW: NRS2397, [3/6009] , Parramatta photographic description book, 1880-1891, No. 384, p. 247, R5136.") |
Gaol Photo Sheet - Transcribed Details
No. 384
Parramatta
Date when Portrait was taken: 4-3-1891
Prisoner's Name: Frederick Redmond
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Native place: England Year of birth: 1843 Arrived Ship: Southern Ocean Trade or occupation Religion: C of E Education, degree of: R&W Colour of hair: Brown mixed with grey Colour of eyes: Light Blue Height: 5' 9½" Weight On committal: Marks or special features: Cast in left eye, small mole centre of back, small mole back of right shoulder, mole & scar centre of back. American shield with flag in right covered eagle on top. 2 Stars in each corner – Tattooed on right arm. Sailor Tattooed left arm Scar on third finger left hand. |
Where and when tried: Mudgee Q.S. Offence: Attempt to commit an unnatural offence Sentence: 3 years P.S Remarks: |
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(No. of Previous Portrait ... ) PREVIOUS CONVICTIONS |
| Where and When | Offence. | Sentence | |||
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None known |
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1 The Maitland Mercury and Hunter River General Advertiser, Sat 14 Apr 1877, p. 4. Emphasis added.
2 SRNSW: NRS880, [9/6613], Supreme Court, Papers and depositions, Maitland, 1877, No. 19. Emphasis added.
3 SRNSW: NRS7381, [2/6198], Judiciary, J Martin, CJ. Notebooks Circuit Courts, 1874-86, p. 125.
4 The Maitland Mercury and Hunter River General Advertiser, Thu 19 Apr 1877, p. 2.
5 The Maitland Mercury and Hunter River General Advertiser, Sat 13 Oct 1877, p. 4. Emphasis added.
6 SRNSW: NRS7343, [2/6025], Judiciary, WM Manning, J. Notebooks Circuits Courts, 1872-80, p. 62.
7 The Maitland Mercury and Hunter River General Advertiser, Thu 18 Oct 1877, p. 4.
8 SRNSW: NRS2397, [3/6009], Parramatta photographic description book, 1880-1891, No. 384, p. 247, R5136.