The Pastoral Times, Sat 16 Aug 1890 1
DENILIQUIN POLICE COURT.
…
THURSDAY, AUGUST 14.
(Before the Police Magistrate) [George Frederick Scott]
UNNATURAL OFFENCE.
Charles Hoskins was charged with soliciting a boy named John Blenham to allow an unnatural offence to be committed upon him.
Constable [James] Morrison deposed that he saw the accused in Napier-street on the previous afternoon. Sergeant Devine was present and instructed witness to detain the accused until some inquiries had been made respecting him. A boy named John Blenham then made a statement, and witness then took the accused into custody, and charged him with the offence. Accused said he was not guilty.
To the accused: You said you wished to see the charges out and fairly tested. You said you had complained to the Sergeant of Police about boys annoying you. You were slightly under the influence of liquor. The boy never said he had any instructions from the Sergeant about the statement he made. You said that the Sergeant of Police had pushed you about in the street. You said something about the sergeant giving you the option of clearing out or being arrested. You said the sergeant was capable of giving a boy a shilling to swear anything.
To Sergeant Devine: The accused said he complained to a constable about boys following him about and annoying him but he did not name the constable, nor did he say what time he complained. Accused said he would clear out if he was let, and was told that it was too late.
John Blenham deposed he was working at the Black Swan Hotel [Cressy Street, Deniliquin] as a generally useful boy. (Saw ?) the accused between four and five o’clock on last Sunday evening. Was sure that accused was the man. He came up to witness and said “Good afternoon.” Witness said the same. Accused then said “Are you from Melbourne?” Witness said he was but left there eight or nine years ago. Accused then offered witness a set of studs which he took from his pockets. He said “You can have them for nothing. I don’t want to sell them.” Told him they were not wanted. He then asked “Will you go for a walk down the street?” Witness said he could not go, and that he was not going out that night. Witness then went away. That conversation took place near the Black Swan Hotel. Witness saw the accused the same night at the Salvation Army meeting, but they only bid each other good night. Saw him again on Wednesday morning in Napier-street. He followed witness across the street. Witness went into Marshall’s kitchen. Then came out to the gate. Accused saw him and came (?). They had some conversation. He asked if witness would take two or three shillings. Witness said he did not want it. He said “Perhaps you would like a ring on your finger.” Witness said “No.” He then made a disgusting proposal. Witness declined his proposals. He then said “Don’t you tell any of the other boys what I said to you.” Witness then shut the gate and walked away. Did not see the accused again until he was in custody. Witness perfectly understood the nature of the man’s disgusting proposals. Never offended the accused or annoyed the man in any way. Never saw (him ?) before last Sunday night. No one offered witness any money to make a statement or give any evidence in this case. Witness told other boys what the accused had said to him.
To the accused: Did not call for assistance when you spoke, because he felt that he could take care of himself.
To the Police: The accused always came up to witness and spoke first. Witness never went to speak to the accused.
To the Bench: Witness was fifteen years of age last November.
Accused was remanded until the next day.
FRIDAY, AUGUST 15.
(Before the Police Magistrate and Mr A McCullough, JP.)
Charles Hoskins was charged with soliciting one Walter Macdonald for permission to commit unnatural offence.
The evidence given by the boy McDonald [sic] went to show that the accused acted towards him in just such a manner as he did to the boy Blenhem, as shown in the evidence given in a similar case on the previous day. The boy declined his proposals and threatened to tell the police. The accused then went away.
The evidence was corroborated by another boy named Thomas Hood, who was standing by when the conversation took place, and heard all that was said.
The accused read out a rambling sort of a defence which for the most part was a recapitulation of the evidence given against him; and was then committed for trial on both charges to the Circuit Court on Monday, October 6th next.
~ ~ ~ ~ ~
Depositions for Charles Hoskins 6 Oct 1890 Deniliquin trial 2
(M., 11 and 12 Vic., Cap. 42.)
Depositions of Witnesses.
New South Wales, Deniliquin
TO WIT. }
The examination of James Morrison of Deniliquin in the Colony of New South Wales, Senior Constable of Police and John Blenhem of Deniliquin, in the said Colony, general useful, taken on oath the 14th and 15th days of August in the year of Our Lord one thousand eight hundred and eighty ninety at Deniliquin 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 Charles Hoskins who is charged this day before me, for that he the said Charles Hoskins, on the 13th day of August 1890 at Deniliquin in the said Colony, did solicit one John Blenhem a boy 15 years of age to permit him (accused) under a promise of money to commit the crime of buggery.
1
Regina
v.
Charles Hoskins.
Soliciting one John Blenhem a boy 15 years of age to permit him (accused) to commit the crime of buggery.
Before GF Scott Esquire, PM.
Court House, Deniliquin.
14th August 1890.
James Morrison being duly sworn saith:– I am a Senior Constable of Police stationed at Deniliquin. About 2 o’clock yesterday afternoon I saw the accused Charles Hoskins in Napier Street, Deniliquin. Sergeant Devine was present and requested me to detain accused until he made some enquiries about him. I shortly afterwards saw a boy named John Blenhem and from a statement the boy made to me I took the accused to the lock up. This afternoon I said to Hoskins “I charge you with soliciting a boy named John Blenhem by promising of money to permit you to commit the crime of sodomy.” Accused said “I am not guilty.”
To accused: You did say words to the effect that you wished to see
2
the charges out and fairly tested.
You did say you had complained to the Sergeant of Police out about some boys who were in the habit of annoying men and following them about when they were under the influence of drink. I do not know the prosecutor except by sight. He is not, I believe, a native of this place. Last night you said when in the lock up that you had told a Constable that there were a boys here from Melbourne that were dangerous to society. You were slightly under the influence of drink when arrested. I would not have taken you to be under the influence of drink at all if I had not spoken to you. The boy that was present this morning when I charged you with the offence is the boy who made the statement to me yesterday with reference to you. You did not hear the boy make the statement to me, he did not intimate to me that he had received any instructions (with reference to this charge) from the Sergeant of Police.
You did tell me that the
3
Sergeant had assaulted you and pushed you off the street. You said something about the Sergeant pushing you off the footpath and telling you to clear out. I heard you say the Sergeant was capable of giving a boy a shilling to swear anything.
To the Police: Accused did not name the Constable to whom he had spoken to with reference to the boys who annoyed him, neither did he give the time he said the Constable was a young man and in plain clothes. When I was talking to the boy Blenhem I heard the accused say to Sergeant Devine “If you will let me go I will clear out now”. The Sergeant did not let him go and I do not know what answer he made accused.
[Signed] J Morrison.
Taken and sworn at Deniliquin this fourteenth day of August 1890 before me.
[Signed] George F Scott, PM.
4
John Blenhem being duly sworn saith:– I am at present working at the Black Swan Hotel in Deniliquin as general useful. I have seen the accused before, I first saw him on the 10th instant between 4 and 5 o’clock in the evening. I am sure accused now in court is the man. He said to me “Good afternoon”, I said “Good afternoon.” He then said “Are you from Melbourne?” I say said “Yes, 8 or 9 years ago.” He then offered me a set of studs which he took from his pocket. He said “I don’t want to sell them to you, you can have them for nothing.” I said “I don’t want them.” He then said “Will you go for a walk down the street.” I said “No, I cannot go.” He said “Are you going out tonight?” I said “No I am not going out.” I then left accused. This conversation took place near the Black Swan Hotel’s back yard in Cressy Street, Deniliquin. I again saw accused on Sunday night at the Salvation Army. He bid me good night and I said good night. I again saw accused near (Moltine’s ?) Store in Napier Street, Deniliquin
5
about 7 o’clock yesterday morning. He followed me across the road and I went into the kitchen of the Black Swan Hotel. I came out to the gate and saw the accused going down the street. When he saw me he turned round and came back to me. He said “Good day” and I said “Good day.” He then said “Will you take 2 or 3 shillings?” I said “I do not want the money.” He then said “Perhaps you would like a ring on your finger?” I said “No.” He then said “Are you going to give me a bit?” I said “No, I do not do anything like that.” He then said “Don’t you tell any of the other boys what I said to you.” I shut the gate and accused walked away. I did not see him again until he was in custody.
When accused offered me the money and studs I believe he wanted me to let him commit a crime on me. I never saw accused before Sunday last and I never annoyed him in any way. No-one ever offered me money or anything else to give the
6
evidence I have just given against the accused.
I did tell other boys what the accused had said to me.
To Accused: I could have called for assistance when you spoke to me as you did but I felt able to take care of myself.
To the Police: I never spoke to accused at any time until he came and spoke to me.
To the Bench: I will be sixteen years of age on the fourth of next November.
[Signed] John Blenhem.
Taken and sworn at Deniliquin this 14th day of August 1890 before me.
[Signed] George F Scott, PM.
Remanded until tomorrow for further evidence.
[Signed] George F Scott, PM.
7
Charles Hoskins
on remand.
Before GF Scott, Esquire, PM.
Court House, Deniliquin.
Fifteenth day of August 1890.
John Blenhem being recalled and duly sworn saith:– The accused was sober each time he spoke to me.
[Signed] John Blenhem.
Taken and sworn at Deniliquin this 15th day of August 1890 before me.
[Signed] George F Scott, PM.
~ ~ ~ ~ ~
G. 190.
REGINA.
versus
Charles Hoskins.
Offence,— Soliciting one John Blenhem to permit him (accused) to commit crime of buggery.
The accused stands committed to take trial his at the next Court of Assizes to be holden at Deniliquin, on the 6th day of October 1890. Bail allowed the accused in £ and two sureties in £ each, or one in £
[Signed] George F Scott, PM.
JP.
Dated at Deniliquin Police
Office,
this 15th
day of August
AD 1890
4g 416 - 88
~ ~ ~ ~ ~
(N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales, Deniliquin
TO WIT. }
Regina versus Charles Hoskins.
Charles Hoskins stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 15th day of August in the year of Our Lord one thousand eight hundred and ninety for that he, the said Charles Hoskins on the 13th day of August instant at Deniliquin, in the said Colony, did solicit one John Blenhem a boy 15 years of age to permit him (accused) under a promise of money to commit the 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 the whatever he shall say may be given in evidence against him upon his trial, notwithstanding such promise ort threat; and the said charge being read to the said Charles Hoskins, and the witnesses for the prosecution James Morrison Senior Constable of Police Deniliquin John Blenhem, general useful, Deniliquin, being severally examined in his presence, the said Charles Hoskins 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 Charles Hoskins saith as follows:– “I reserve my defence.” Taken before me, at Deniliquin, in the said Colony, the day and year first above mentioned.
[Signed] George F Scott, PM
~ ~ ~ ~ ~
(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
New South Wales, Deniliquin
TO WIT. }
Be it remembered, that on the fifteen day of August in the year of Our Lord one thousand eight hundred and ninety James Morrison a Senior Constable of the Police Force, Deniliquin, John Blenhem of Deniliquin in the Colony of New South Wales, general useful 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 ow 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.
Taken and acknowledged, the day and year first above mentioned, at Deniliquin in the said Colony, before me.
[Signed] George F Scott, PM
The condition of the within written Recognizance is such, that whereas Charles Hoskins was this day charged before George Frederick Scott Esquire one of Her Majesty’s Justices of the Peace for the said Colony, with soliciting one John Blenhem a boy fifteen years of age to permit him (accused) under the promise of money to commit the crime of buggery at Deniliquin on the 13th day of August 1890.
If therefore, they the before mentioned persons shall appear at the next Court of Assizes to be holden at Deniliquin, in and for the Colony of New South Wales, on the 6th day of October 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 Charles Hoskins for the offence aforesaid, to the jurors who shall pass upon the trial of the said Charles Hoskins.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] George F Scott, PM.
~ ~ ~ ~ ~
[On the depositions’ cover sheet is the following]
Circuit Court,
Deniliquin
6th October 1890
No. 187
Depositions.
Regina No. 3
v.
Charles Hoskins
Soliciting a person to commit a felony
See within [initialled] G[eorge] B[owen] S[impson], AG
19/8/90
Committed at: Deniliquin
on: 15th August 1890
~ ~ ~ ~ ~
1. Soliciting and making a person to commit Buggery
2. Attempting and endeavouring to make a person to commit Buggery
[Signed] GB Simpson AG
19/8/90
~ ~ ~ ~ ~
Justice JGL Innes’s Notebook 3
155
[Deniliquin, Monday 6 October 1890]
Regina |
|
|
v |
|
|
Charles Hoskins |
Plea. Not Guilty
Walter MacDonald. 15 on 14 February next. I live at Crecy [sic] Street, Court House Hotel Deniliquin – with my mother. She keeps the hotel. I’ve lived there ever since I was born. On Wednesday 13 August I was outside Baxter’s tobacconist’s shop in Crecy Street with Mrs Hood, a boy about my age, & a little child, about 1 pm. – Prisoner came up to me & said: Good day boys – Good day – you’re a nice sort of bloke. Yes. Where did you come from. Melbourne.
156
What are you doing up here? “I’ve come for picking up” – he said something about the brooches in Baxter’s window but I didn’t quite catch it. Then he says “ do you want to earn a couple of bob?” I said “give me the two bob” & I held out my hand 4 “You & your mate come round the back & (put ?) that other kid away.” I gave Hood the wink & he stepped back – I stepped back & prisoner followed me on to Mrs Grant’s window. I said if you don’t look out I’ll tell the sergeant of you.
157
“Do you know where the theatre is – is there a theatre here?” “Yes” – “I did used to do it to the Melbourne boys but they would think no more of it when I would give them a couple of bob.” I went over to Hood. Prisoner said “is the theatre up there?” “Yes” “Then I’m going up.” – Hood & I went together – I ran up towards my own place – he went into Mother’s hotel – & I followed him – & saw him speaking to my sister – I said to her “come out” – prisoner had a drink & left – going to the sergeant. 5
Cross-examined. I know Blenheim – I didn’t hear him give evidence – I don’t think you were under the influence of drink – You didn’t use the word sodomy or any obscene language or make any exposure – You caught
158
hold of my hand but not indecently – I thought you (must ?) be stealing.
Thomas Hood. – 15 on 14 this month – I live with my parents on the plains – I was with the last witness on 13 August. I had never seen prisoner before – he came up – at Baxter’s window he says – Hallo boys & said something about the jewellery. Are you Melbourne boys? – Yes. To McDonald, you’re a Melbourne boy – yes – you’re a nice sort of boy – do you know Melbourne boys could earn a couple of shillings in no time by keeping it quiet 6 – I then stepped back a bit – he said to McDonald something I did not quite catch but I heard
159
him say to McDonald – (put ?) that little boy off – McDonald then stepped away saying I know what you’re after. I’ll tell the sergeant of you – what are you telling of the theatre? Is there a theatre up here? McDonald said yes – he said well I’m going up to it – he stood there for a bit & then went away – & I saw him no more till he was in custody.
Cross-examined. I did not see you do anything except pat McDonald on the chin – I thought you wanted to steal some money – I had some money – 17/- – you looked as if you were drinking – I could smell it – I did not hear you tell McDonald
160
you would complain to the sergeant.
For defence.
George Devine. Sergeant of Police at Deniliquin – you had drink taken – I ordered you off the streets & you refused to go.
Verdict. Not Guilty.
Prisoner remanded on another charge.
Regina |
|
|
v |
|
|
Charles Hoskins |
~ ~ ~ ~ ~
The Pastoral Times, Sat 11 Oct 1890 7
DENILIQUIN CIRCUIT COURT.
MONDAY, OCTOBER 6.
(Before His Honour Mr Justice Innes.)
The Court opened at ten o’clock punctually. Mr TC O’Mara prosecuted for the Crown.
…
UNNATURAL OFFENCE.
Charles Hoskins was charged with soliciting a boy named Walter Macdonald for permission to commit an unnatural offence by promise of money.
The prisoner pleaded not guilty and was undefended, and the following jury was sworn:– WF McKindley, E Mitchell, junr., Geo Theakstone, RS Macaulay, John Tomlinson, WJ Everitt, Jos Crump, CE Randall, GR Jeffrey, J McKinley, junr., David Hamilton and Herman Moser.
The accused made a long and hysterical appeal to the jury for clemency declaring that he was innocent of the crime with which he was charged.
His Honour then summed up and the jury found the prisoner not guilty without leaving the box.
The evidence given in this case was identical with that published after the preliminary investigation on the 14th of August last.
UNNATURAL OFFENCE.
Charles Hoskins was charged with soliciting a boy named Blannin [sic] for permission to commit an unnatural offence.
The accused pleaded not guilty and the Crown Prosecutor stated that he did not intend to proceed with the case. He asked that the prisoner be discharged on his own recognizances. [sic]
His Honour fixed the personal recognizance at £100 and the prisoner was then discharged.
1 The Pastoral Times, Sat 16 Aug 1890, p. 2. Emphasis added.
2 SRNSW: NRS880, [9/6793], Supreme Court, Papers and depositions, Deniliquin, 1890, No. 187.
3 SRNSW: NRS6227, [2/4664], Judiciary, JGL Innes, J. Notebooks Circuit Courts, 1882-95, pp. 155-60. Emphasis added.
4 Mn: he then caught hold of my hand (thrusting ?) one finger, & (I sung out ?), he says “I won’t hurt you old man, you know what I want. He had his hand in his breast pocket as if to pull out something & winked at me
5 Mn: Sec: 60. Whosoever attempts to commits an indecent assault upon a male person of whatever age with or without the consent of such person – 5 years. Masturbation? Could not be found guilty on this indictment
6 Mn: I thought this meant by stealing
7 The Pastoral Times (Deniliquin), Sat 11 Oct 1890, p. 4. Emphasis added.