Depositions for Joseph Dean 11 Feb 1889 Sydney trial 1
(M., 11 and 12 Vict., Cap. 42.)
Depositions of Witnesses.
TO WIT.
The examination of Richard Wilde Morris of Kempsey, WJ Wilson, John A Kerr, Salomo Friedlander and Jack (Reuner ?) of Frederickton in the said Colony, taken on oath this 31st day of December in the year of Our Lord one thousand eight hundred and eighty eight at Kempsey 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 Joseph Dean who is charged this day before me for that he the said Joseph Dean on the fifteenth day of December at Frederickton in the said Colony, did assault one William Wilson with intent to commit buggery.
Joseph Dean assaulting one William Wilson with intent to commit buggery.
Richard Wilde Morris on oath states:– I am a Constable stationed at Frederickton. I arrested the prisoner by virtue of a warrant now produced at Nambucca on the 25th said warrant stated, that you did at Friedlander’s Hotel [sic–Skobeloff Hotel, Frederickton] assault one William Wilson with intent wickedly and against the order of nature to commit the abominable crime of buggery on William Wilson. I pray that the prisoner be remanded for the production of further evidence. Prisoner declines to ask any questions.
[Signed] RW Morris Const.
Sworn at Kempsey before us this 27/12/88.
[Signed] Thomas A Davies, PM, [Signature illegible] JP.
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No. 65929
Information – (General Purposes.)
New South Wales,
TO WIT. }
Be it remembered, that on the 25th day of December in the year of Our Lord one thousand eight hundred and seventy eighty eight at Kempsey in the Colony of New South Wales, Constable Richard Wilde Morris of Frederickton 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 informs me, that on the 15th day of December in the year of Our Lord one thousand eight hundred and eighty eight, one – [Joseph] Dean at Frederickton aforesaid Friedlander’s Hotel in the Colony aforesaid, did assault William Wilson with intent wickedly and against the order of Nature to commit the abominable crime of buggery with the said William Wilson contrary to the Act in such case made and provided; whereupon the said Richard Wilde Morris prays that I, the said Justice, will proceed in the premises according to law.
[Signed] RW Morris, Const.
Sworn at Kempsey in the said Colony, on the day first above written before me.
[Signed] George T[heophilus] S[aunders] Boileau, JP
1
Joseph Dean assaulting one William Wilson with intent to commit buggery.
Richard Wilde Morris on oath states:– I am a Constable stationed at Frederickton, I arrested prisoner on the 25th instant near the Police Station Nambucca, where I read the warrant to him. He said “It can’t be true as I have always got the piles.” I then warned him that anything he might say might be used as evidence against him. He then said “What is the meaning of the charge? I want to be very particular.” I against read the warrant, he said “That
2
means putting my penis into another man’s posterior?” I replied “Yes.” He again asked me to read the warrant, which I did and he again asked me to explain the nature of the offence. I said “You know what sodomy is?” He said “Yes.” I said “It is something similar to that.” He again said “I could not do a thing as I have the piles. Whatever happened the other man was as willing as myself.” I again warned him as to making any statement as it might be used as evidence against him. He then said it would be better for him not to say anything. He said “I hope you will not do that”, meaning
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(the evidence) being used against him. I said I should. He seemed either confused or distressed and I again advised him not to say anything to me about it. On the 26th instant he again asked me to read the warrant when leaving the Police Station next day. Did so. He then said again “I could not put my penis into another man as I have the piles and I had no erection on the 27th instant between Frederickton and Kempsey. He again asked me to explain the warrant. I did so. He then asked me what was the usual sentence in such cases. I said “I’m not a judge, so cannot tell you.” He then said “Do men ever get out of such cases?” I said
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“Yes, when the case is not proved.” He said “Is it likely I could get off with a month?” I replied “I do not know.” He said “I gave Wilson some whisky and a cigar. I took off my trousers to take off a truss I have to wear.” I found the whisky flask now produced in his bag together with a cigar.
Cross examined W Wright: Assault is supposed to have taken place on the 15th instant but I heard of it on the night of the 24th instant.
Inspector Baker: Wilson never made any complaint to me but subsequently gave me a reason for not doing so. One reason was several of them had made up their minds to give this man
5
a good belting and chuck him into the river – Wilson never did say who the several were –
another one was he did not wish his name to be mixed up in such a horrible charge. He had (?) after the affair at the Hotel at Frederickton to go up to the Police Station but had changed his mind.
W Wright cross examined: The accused had a black eye when I arrested him at the Police Station Nambucca. I asked him how he got it. He said two men had met him at the turn off at the Smithtown Road and one of them struck him on the eye. He said
[Signed] RW Morris.
Sworn before me at Kempsey this 31st/12/88.
[Signed] TA Davies, PM.
6
William John Wilson on oath states:– I am a blacksmith. I work for Mr Boyes, Frederickton. I am in my 22nd year. I know the accused Joseph Dean. Met him first in front of the Church [of] England. 2 John Kerr was with me, this was between 9 and 10 o’clock at night. We were sitting in an old dray on the side of the road, the accused said to me “Is that church they are holding over there or is it practice?” I said “It is practice, sir,” and Dean replied “Oh.” He then sat between us of his own accord. He then asked us who were the people passing to and fro.
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While telling him all we knew he put his hand on the back of my head and said “You are very fond of girls.” He put his hand then on Kerr’s head, and then he then said to me that my mate thought more of girls than I did. We then stood up. I asked Kerr how long the dray had been standing on the road. He said “A good time.” Dean then asked Kerr if he knew anything about blacksmith work and he replied “No” – that I was a bit of a blacksmith. Dean, Kerr and myself went up the road. I asked Kerr to go for a walk; towards Friedlanders. We started walking and Dean came up between the two of
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us. As we passed Lancaster’s shop I said it kept open the latest. We walked on up the road. We came opposite the Police Station and stood and Dean asked Kerr where was his home, who pointed to his house on the hill and Dean asked him how he crossed the lagoon. Kerr replied “By a hand bridge.” We started to walk up the road again as the and as we were Dean had an umbrella and as he kept putting it across our privates. We then turned and came back to a lane opposite the Police Station. Kerr said it was time to go home. I asked Kerr if he would be at Chapel in the morning. He
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said he would if there was Chapel. Dean then said he a good young fellow and he at Chapel. Kerr left and Dean and I went on together. Dean then put his arm around my body and pulled me to him. At Friedlander’s he asked me if I would have a whisky. I said, no, I was going home to bed, so he said I might as well have one with him. I said to show there is no ill feeling I’ll have one with you. As the front was shut we went round to the back of the hotel. Dean knocked and Jacob opened the door. We then went upstairs. Dean opened the door and we went into his
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room. I sat on a chair. Dean said while pouring the whisky out “Come and sit on the bed.” I said “No.” Dean said again “Yes come and sit on it.” So I sat on it. He gave me some whisky in a small shandy glass about two ordinary nobblers. He asked me if I would have it with or without water. I said “Put water in it please.” He I drank the whisky. He then asked me if I would have a cigar. I said “If you please, sir.” He said “Mild or strong?” I said “I would please have a mild one.” He gave me one and I lit it. He then sat alongside of me. He undid his coat and vest and took it off and
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put the candle out. He sat alongside of me again and he put his hand on my privates outside my trousers and said to me “My word you have got a big one.” He I put my hand down and I shoved his away. He did not then undo my trousers but tried to. He then undid his own trousers and took off a truss and threw it on the floor and said to me “I wear a truss.” He then took off his trousers. He again sat alongside of me. He went over to the wash stand, made water and came back and sat again sat along side of me. He then put his hand on to me and shoved me on to my back on the bed. Previously I had been sitting on the bed
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with my legs crossed. He then got up on the top of me. He held me by my two arms and began to work up and down. My legs were crossed (?) his privates up were on the top of me and against mine. I did not feel anything. He let go one of his hands and tried to undo the front of my trousers. When I found out I said “Let me go, I want to go home.” He got up and still had hold of me, and said he would let me go if I wanted to. I said (?) (?) in the morning as I had not finished my time. He asked me to have more whisky, still keeping hold of me. He then let go his hold of me and asked me if he would light
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the gas. He I said “You need not mind. It is not the first time I have been up here.” He then asked me when he would see me again. I went and made no answer. It was then between 11 and 12 o’clock pm. Whisky made me feel weak. I smoked a little of the cigar. I was a good templar for 3 years and not used to intoxicating liquors. Take a medium shandy at times. I was shifting about to get up and I was afraid to sing out as I was afraid Dean might do me some injury. As I came out of the hotel I sang out to Jacob to shut the door after me.
Cross Examined Mr Wright: I did not say anything to Jacob
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Cross Examined Mr Wright: Met no-one when as I went home. I made a complaint to a Jackson when he is a mate of mine working at Boyes when I got home. Morris came to me one day last week, do not remember the date. I waited for the 10 days as I did not care to be mixed up in such a case. I would not say anything then to Constable Morris. The Templars Lodge in Frederickton was broken up about 12 months ago.
When Dean went to the wash stand I did not know then what he was going to do to me then. I was not smoking the cigar until when I went out of the room
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I smoked about half an inch altogether.
Cross Examined Mr Wright: Cannot swear how many chairs in the room is more than 2 will swear there was a chair not taken up with clothes that I could sit on. It was 1/4 to 12 pm when I got home, was in the room with Dean for 20 minutes. Dean locked the3 door when we went into the room and he unlocked it to let me out. Made a statement to Constable Morris, that if he came again to me I would job him. Several of us were going to watch him & if he did anything of the same sort to anyone else they we would belt him. I did not tell Morris we would do so. This was not got up to extort money out of this man.
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Inspector Baker: I told Morris when he came to me what had occurred. I did not do so on my own account before as I did not wish to be mixed up in the cased. I would not have given any information in the case had the Police not come to me about it.
[Signed] William John Wilson.
Sworn at Kempsey before us this 31/12/88.
[Signed] TA Davies, PM.
17
John Alfred Ker [sic] on oath states:– I am a labourer living at Frederickton, I remember Saturday night the 15th instant when accused came up & sat between Wilson & myself. He asked us if there was church going on in the church. We said it was the choir. After a while he felt Wilson’s head & said he was fond of the girls a little. He then felt mine & said “Excuse me” you are & took off my hat & said I was fonder. A little after we were looking at the spokes of the wheel of the dray we started walking. I fancy Dean was walking between us. he As we were walking he would catch my arm hand &
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also put his arm round me & squeeze me to him. He would swing his umbrella across us & touch our thighs with it. I left them between Wilson & Dean about between 11 & 12 pm. I saw them go down the road.
Cross Examined Mr Wright: We I made no complaint about his squeezing me, or playing about with his umbrella.
Never heard him ask Wilson to have a glass of whisky.
[Signed] John A Kerr.
Sworn at Kempsey this 31/12/88 before us.
[Signed] TA Davies, PM.
19
Salomo Friedlander on oath states:– I am the landlord of Skobeloff Hotel Frederickton. I knew Dean, he was boarding at my place. He had a room to himself. He was served by my missus on the 15th inst with a 1/- worth of whisky. The flask now produced is something like the one he had. He took it into the passage in the direction of his room
I do not think half a glass of whisky at times has a curious effect on some people on an empty stomach. I knew Sean to be a respectable man, he was off & on at my place for a fortnight. Do not know what hours he kept.
[Signed] Salomo Friedlander.
Sworn at Kempsey before us this 31/12/88
[Signed] TA Davies, PM.
20
Jacob (Reuner ?) on oath states:– I am the groom at Friedlanders Hotel Frederickton. I remember 15th inst seeing Dean and Wilson coming into the Hotel that night, they went upstairs. I opened the door for them. I heard voices in Mr Dean’s room till about 12 o’clock. They came in 2 minutes after shut up time. I saw Wilson again as I let him out. It was then nearly 12 o’clock.
Cross Examined Mr Wright: The voices I heard were as if they were talking quietly. Wilson was not smoking when he came down, I do not remember seeing a cigar about him. He said nothing to me. I saw Wilson quite plainly as I was near him. I did not say anything
21
to him Wilson but wondered why he did not speak to me. He went straight out & I shut
Bench: Wilson on going out said to me “Jacob, shut the door after me,” and I did so.
[Signed] Jacob (Reuner ?).
Sworn at Kempsey before me this 31/12/88
[Signed] TA Davies, PM.
22
Cross Examined Mr Wright: William John Wilson on oa recalled on oath states:– I did shake hands with Dean when leaving his room that night.
Bench: When I left Dean’s room I was muddled. When I left Friedlanders Hotel I ran home and went straight to bed. I smoke a pipe.
[Signed] William John Wilson
Sworn at Kempsey before us this 31/12/88
[Signed] TA Davies, PM.
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REGINA
versus
Dean
Offence, assaulting one William Wilson with intent to commit buggery. The accused stands committed to take his trial at the next Court of Criminal Sessions to be holden at Sydney, on the 11th day of February 1889. Bail allowed. The accused in £200 and two sureties in £100 each, or one in £200.
[Signed] TA Davies, PM.
Dated at Kempsey Police Office this 31st day of December AD1888
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(N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales,
TO WIT. }
Joseph Dean stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 31st day of December in the year of Our Lord one thousand eight hundred and eighty eight for that he, the said Joseph Dean on the 15th day of December at Frederickton, in the said Colony, assaulting one William Wilson with intent to commit buggery 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 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 Joseph Dean, and the witnesses for the prosecution Richard Wilde Morris, Constable William John Wilson, John Alfred Kerr, Jacob (Reuner ?), Salomo Friedlander being severally examined in his presence, the said Joseph Dean 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 Joseph Dean saith as follows:– “I reserve my defence.”
Taken before me, at Kempsey, in the said Colony, the day and year first abovementioned.
[Signed] TA Davies, PM.
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(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
New South Wales,
TO WIT. }
Be it remembered, that on the 31st day of December in the year of Our Lord one thousand eight hundred and eighty eight Richard Wilde Morris Constable of the Police Force, William John Wilson of Frederickton in the Colony of New South Wales, Jacob (Reuner ?) and Salomo Friedlander of Frederickton in the said Colony, and John Alfred Kerr of Frederickton in the said Colony, 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 indorsed.
[Signed] RW Morris, WJ Wilson, John A Kerr, Salomo Friedlander and Jacob (Reuner ?).
Taken and acknowledged, the day and year first abovementioned, at Kempsey in the said Colony, before me.
[Signed] George TS Boileau, JP.
The condition of the within written Recognizance is such, that whereas Joseph Dean was this day charged before JA Davies, PM Esquire one of Her Majesty’s Justices of the Peace for the said Colony, with assaulting on William Wilson with intent to commit buggery.
If therefore, they the before mentioned persons shall appear at the next Court of Criminal Sessions to be holden at Sydney, in and for the Colony of New South Wales, on the 11th day of February 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 Joseph Dean for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Joseph Dean then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] George TS Boileau, JP.
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[On the depositions’ cover sheet is the following]
Central Criminal Court
Sydney
11 February 1889
AG’s No. 2
Depositions.
CS’s No. 4
Regina
v.
Joseph Dean
Assault with intent to commit sodomy
See with [initialled] G[eorge] B[owen] S[impson] AG
10/1/89
Committed at: Kempsey
on: 31 December 1888
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Central Criminal Court Sydney, Stephen J & jury of 12, Cohen for Crown, Prisoner undefended
Verdict: Jury retire at 12.30 pm; Jury return 2-2 pm; Verdict Not Guilty
[Initialled] HEC 11/2/89
~ ~ ~ ~ ~
Indecent assault upon a male.
[Signed] GB Simpson AG
Section 60
10/1/89
(Consent immaterial by sec. 60)
~ ~ ~ ~ ~
Justice MH Stephen’s notebook 3
100
[Sydney] Monday, 11 February 1889
Joseph Dean. Indecent assault on male person. [Section] 60
Plea. Not guilty
WJ Wilson. Blacksmith – 21 years of age – reside at Frederickton – I know prisoner – saw him first (?) on the 15th of last December. I was sitting in front of a church with JA Kerr about my age – between 9 & 10 at night. Prisoner asked if it was service or a practice – He came and sat between us –
101
We had some conversation – he put his hand on my thigh and said excuse me young man & put his hand on the back of my head & said that I was fond of girls & that I was very fond of pet animals – & he said to Kerr excuse me & put his hand on the back of his head & said that he was very fond of girls & turned to me & said that I was not as fond of the girls as Kerr was – I said to Kerr that would [sic–we] would go for a walk. Prisoner followed us – We were on the main street – Prisoner asked Kerr how to get had an umbrella in his hand & was rubbing it across our thighs – Kerr went home – Prisoner & I walked towards Friedlander’s public house … Prisoner put his hand round me & squeezed me towards him – He asked me to have a drink of whiskey. I said no thank you – I want to go home to bed – He said he (would ?) as well – I said no thanks, – I’d rather go home – I said at last I would have one – Renner 4 (groom) opened the door
102
(after 11) – we walked up stairs to the prisoner’s room – I took a seat behind the door – there was a bottle of whiskey on the table – He had told me before that he had some good whiskey in his room – Prisoner was pouring out some & asked me to take a seat on the bed – I said I would sit where I might – He said you might as well – I said no that I would rumple it – he said that’s no matter – then I sat down on the bed – then he gave me the whiskey – a small tumbler – 2 ordinary nobblers – I said that he could put some water in it – which he did – then I drank it – he asked if I would have a cigar – I said if you please – he gave me one – prisoner sat down alongside me – he took off his coat & vest – then he put his hand on my privates and said my word you have a big one – I
103
pushed his hand away – there was a candle in the room which he lit after he went in – He the He put the light out (after he put his hand on privates) – he unbuttoned his trowsers & took off a truss – put it on the floor – took off his trowsers – then he made (water ?) – put his hand over my throat and put me down – he got on top of me – and started working – his hands were one on each of my arms – with his private parts – my legs were (crushed ?) – his body was in contact with mine – I was still entirely dressed – he let go one of my hands & tried to undo my trowsers – I said let me up – I want to go home – He said if you want to go home you can – I said if I were late I shall get (it ?) – in the morning – He asked me if I would have some more whiskey – he let me have – & asked if I should light the gas – He said – when shall I see you again –
104
I did not answer back, shook hands with him & left – prisoner locked the door when we went in & unlocked it when I went away – the whiskey made me a bit helpless – I had been a good Templar until 12 months before for 3 years – I (asked ?) him to let me go – gave a shove – & he said of course if you want to go you can – Renner shut the outer door after me – I did not tell Renner about – I made a complaint to Kerr Jackson my mate that same evening – & on the following evening to Kerr – I made no complaint to the Police until the 24th – to Morris – He came to me – I got home about 20 to 12 –
Cross-examined. I was sober – I sat 2 or 3 minutes on the chair. The police
105
station 50 yards away – I did not give information because I did not want to be mixed up in it – I did not lay any information –
JA Kerr. – Labourer of Frederickton – I know Wilson and prisoner – saw him first about (?) first week in December – had known him since we were boys – We (Wilson & I) were opposite the church on Saturday 15 December – between 10 & 11 – Prisoner came up – he asked us what was on in the church – prisoner sat down next to us – He felt my head & said I was fond of the girls – He felt Wilson’s head before that & said that he was fond of the girls – We walked up the road – he caught hold of my hand & squeezed me to him – He walked between us and swung his umbrella across the thighs – I left when we were about 400 yards from Friedlander’s. I next saw Wilson on the Sunday after dinner – He made some statement
106
in the nature of a complaint.
Cross-examined.
S Friedlander. Keep public house – at Frederickton – prisoner boarded at my house about 3 weeks – stranger – travelling for a tea company – Between 8 & 9 he was served with whiskey in a small bottle – small flask –
Jacob Renner. – Groom at Friedlander’s – on 15 December last – I know prisoner & Wilson – I remember prisoner & Wilson came to the hotel at directly after 11 – I opened the back door for them – & let them in – went up stairs – I heard talking in prisoner’s room – Wilson came back from up stairs – at nearly 12 o’clock –
RW Morris. Constable at Frederickton. I arrested prisoner on
107
25 December last at Nambucca – 35 miles from Frederickton – I had a warrant – I read it to him – I read to him that he was charged with attempting to commit the abominable crime of buggery on one Wilson on the 15 December at Frederickton. He replied it cannot be true – I am always suffering from piles – afterwards at the Police Station – he said asked me again to read the warrant – I did so – he again said that he suffered from piles – I cautioned him – he replied – I hope not – I said that I would have to – I read the warrant the third time – next morning he asked me again to read the warrant & I did – He asked me the meaning of the word buggery – I asked if he knew what sodomy did meant – he said that he did – I said that it was somewhat similar – he said the meaning then is that I put my person into the other man’s posterior – I said yes – he said well whatever occurred
108
in Friedlander’s hotel – the other party was as willing as I was – he told me that he was ruptured – that he was unable to have any connection with this man – and that when he was in the bed room & took his trowsers off it was because his truss was hurting him – On leaving Frederickton station on the 20th – he asked what the punishment usually was in such cases – He asked if men ever got out of such cases – I said yes if not proved against them – He asked if I thought that he would get off with 2 or 3 months – He told me that he had given Wilson whiskey & a cigar in the bed room – I searched his bag & found a flask of whiskey.
Cross-examined. You did tell me that it was a false accusation –
109
Prisoner makes a statement denying charge –
Defence
PM Casement. – a legally qualified medical practitioner at Kempsey – Prisoner wore a double truss which indicated a double rupture & persons of that kind are less likely to have desire for sexual intercourse –
Cross-examined. The inclinations may exist –
Not Guilty.
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The Sydney Morning Herald, Sat 9 Feb 1889 5
LAW REPORT.
———◦———
…
CENTRAL CRIMINAL COURT.
The following is a list of cases set down for trial at the Central Criminal Court, which opens on Monday:—Annie Lever, malpractice; William Mulligan, manslaughter; Joseph Dean, indecent assault; James McClelland, incendiarism; Sherrington Gilder, capital offence; Francis Whalen and Michael Kelly, attempted burglary; John Mitchell, alias Ponto, garroting and robbery with violence; Marcella Bodin, attempted suicide; Thomas O’Brien, attempted rape and indecent assault; John Mackay, murder of Andrew Mullander; Archibald McIntyre, indecent assault.
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The Daily Telegraph, Tue 12 Feb 1889 6
CENTRAL CRIMINAL COURT.
MONDAY, FEBRUARY 11.
(Before Mr Justice [MH] Stephen.)
Mr HK Cohen prosecuted on behalf of the Crown.
…
ALLEGED INDECENT ASSAULT.
Joseph Dean, a respectably attired man of good address, was arraigned upon an indictment which charged him with committing an indecent assault. The statement of the prosecutor was the only direct evidence. Some nine days elapsed before the charge was laid against the accused by the police. In defence the accused made a statement alleging that the whole story of the prosecutor was a pure fabrication from beginning to end, and that it was trumped up for the purpose of having a trip to Sydney. Dr Casement, of Frederickton, was called as a witness by the accused. The jury after a somewhat lengthy retirement, found the accused not guilty, and he was discharged.
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Evening News, Tue 12 Feb 1889 7
CENTRAL CRIMINAL COURT.
————
(Before His Honor Mr Justice Stephen.)
Mr HE Cohen conducted the prosecutions on behalf of the Crown.
…
ALLEGED INDECENT ASSAULT.—Joseph Dean pleaded not guilty to an indictment charging him with committing an indecent assault on William John Wilson, at Fredericktown, [sic] on December 15. The only direct evidence was that of Wilson, and the details were unfit for publication. Accused made a statement totally denying the charge and declaring it to be a fabrication from beginning to end. The jury found the accused not guilty and he was discharged.
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The Sydney Morning Herald, Tue 12 Feb 1889 8
CENTRAL CRIMINAL COURT.–
MONDAY.
(Before his Honor Mr Justice [MH] Stephen.)
The sittings of the court commenced this morning. Mr HE Cohen conducted the prosecutions on behalf of the Crown.
JURORS FINED.
The following jurors were fined 60s. each for non-attendance:– Henry David Bray, Concord-road, Burwood; George Richmond Board, Simmons-street, Newtown; Henry Charles Bed, 60 Regent-street, Paddington.
…
ALLEGED INDECENT ASSAULT.
Joseph Dean, a respectable-looking young man, was acquitted upon an indictment charging him with having at Frederickstown, [sic] on the 15th December, 1888, indecently assaulted William John Wilson.
1 SRNSW: NRS880, [9/6770], Supreme Court, Papers and depositions, Sydney, Feb 1889, No. 2. Emphasis added.
2 Mn: First met prisoner on 15th Dec at Frederickton John Kerr with me between 9 and 10 pm
3 SRNSW: NRS7704, [2/7130], Judiciary, MH Stephen, J. Notebooks Criminal, 1886-1904, pp. 100-9. Emphasis added.
4 Reuner in transcript of depositions.
5 The Sydney Morning Herald, Sat 9 Feb 1889, p. 8. Emphasis added.
6 The Daily Telegraph, Tue 12 Feb 1889, p. 3. Emphasis added.
7 Evening News, (Sydney, NSW), Tue 12 Feb 1889, p. 3.
8 The Sydney Morning Herald, Tue 12 Feb 1889, p. 4.