Depositions for Alfred Ambrose Rossiter 17 Feb 1890 Sydney trial 1
Redfern Police Office
Attorney General’s Department, 27 December 1889, No. 273
(M., 11 and 12 Vict., Cap. 42.)
Depositions of Witnesses.
Redfern
TO WIT. }
The examination of Neil McFarlane Begg of the Police Force in the Colony of New South Wales, Constable Charles Sparkes of Moore Park, Park Ranger, Joseph Ryder of 15 Wellington Street Waterloo, schoolboy, James Thompson of Bellevue Street Surry Hills, stable boy and William Edmund Strong of Sydney in the said Colony, Medical Practitioner taken on oath excepting that of Joseph Ryder who merely made a statement this nineteenth day of December in the year of Our Lord one thousand eight hundred and eighty nine at Redfern 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 Alfred Ambrose Rossiter who is charged this day before me for that he the said Alfred Ambrose Rossiter on the 18th day of December 1889 at the district of Redfern in the said Colony, did assault Joseph Rider [aka Ryder] and then wickedly and against the order of nature carnally knew the said Joseph Rider and did commit with the said Joseph Rider the abominable crime of buggery.
2
Alfred Ambrose Rossiter.
Assault Joseph Rider and then wickedly and against the order of nature carnally knew him and committed with the said Joseph Rider the abominable crime of buggery.
3
Constable Neil McFarlane Begg on oath states:–
About 7.20 pm yesterday prisoner was given into my custody by Special Constable Sparkes. I took him to No. 3 Police Station, charged him with assaulting Joseph Rider and wickedly and against the order of nature committing on him the abominable crime of buggery. He made no reply.
4
About 8 pm I took Joseph Rider to Dr Strong for examination.
[Signed] Neil McFarlane Begg.
Sworn at Redfern 19.12.89.
Before Cornelius Delohery, SM.
5
Charles Sparkes on oath states:–
I am a Special Constable and Park Ranger for Moore Park.
I saw the accused about 7 o’clock last (18th December) night. I saw him in McGill’s Nursery I heard someone groaning and went to a spot in the Nursery and saw prisoner and the boy Joseph Rider both naked lying on the ground. Prisoner pulled back from
6
the boy as I approached. His person was erect and had oil or grease all over it.
I asked Accused had hold of the boy, who was lying with his back to him, by the loins trying to enter him.
I asked the boy what prisoner was doing to him. The boy was crying and, pointing to accused’s penis said “He was putting that into me.” Prisoner said “I am drunk I don’t know what I am
7
doing.” I told him to let up, he became violent, I called for assistance and arrested him. Took him up the street, met Constable Begg and we took him to the No. 3 Police Station.
Their clothes were under them. I produced a pot containing oil I found next where they were lying. Accused appeared to have been drinking but was not drunk. The spot was a bush twenty yards from Dowling Street.
[Signed] Constable Sparkes.
Sworn at Redfern 19.12.89.
Before [signed] Cornelius Delohery, SM.
8
Joseph Rider, promises to tell the truth, and states:–
I am nine years old and live with my father and mother in Wellington Street. I know accused, have known him a good while.
I saw him yesterday afternoon I cannot say the time – down near the wool wash, Morehead Street. I went with him to the place the man (Sparkes) found us. He said he would give me threepence if I went with him; he did
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not say what for.
I went with him, he made me take my clothes off. He took of his clothes. We both lay down. He put his thing into my back part. He put oil on his thing first and also on me. The oil was in the pannikin produced. We were not there very long before the man came. He hurt me. I called out. I was crying, he told me not to make a noise. I felt his thing in me.
[Signed] Joseph Rider.
Taken sworn at Redfern 19.12.89.
Before [signed] Cornelius Delohery, SM.
10
James Thompson on oath states:–
I am a stable boy at [William] Kelso [race horse proprietor] in Bellevue Street Surry Hills stables.
About 7 o’clock last night from something I was told I went into Mr Gill’s Nursery and saw accused naked being held down by the man Sparkes. Accused was very violent. The boy Rider then was dressed. I assisted Sparkes till the Constable came.
[Signed] James Thompson.
Sworn at Redfern 19.12.89.
Before [signed] Cornelius Delohery, SM.
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William Edmund Strong on oath states:–
I am a legally qualified Medical Practitioner and Government Medical Officer for Sydney.
Last evening the boy now in court (Joseph Rider) was brought to me. I examined him. I found nothing whatever to indicate that any such act as prisoner is charged with had been perpetrated. There were no signs of violence nor any marks on him. It was about 8 o’clock then.
[Signed] WE Strong.
Sworn at Redfern 19.12.89.
Before [signed] Cornelius Delohery, SM.
12
(N., 1 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales, Redfern
TO WIT. }
Alfred Ambrose Rossiter stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 19th day of December in the year of Our Lord one thousand eight hundred and eighty nine for that he, the said Alfred Ambrose Rossiter on the 18th day of December 1889 at the district of Redfern, in the said Colony, did assault Joseph Rider and then wickedly and against the order of nature carnally knew the said Joseph Rider and did commit with the said Joseph Rider the abominable crime of 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 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 Alfred Ambrose Rossiter, and the witnesses for the prosecution Neil McFarlane Begg, Charles Sparkes, Joseph Rider, James Thompson and William Edmund Strong being severally examined in his presence, the said Alfred Ambrose Rossiter 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 Alfred Ambrose Rossiter saith as follows:– “I have nothing to say.”
Taken before me, at Redfern, in the said Colony, the day and year first above mentioned.
[Signed] Cornelius Delohery, SM.
13
REGINA
versus
Alfred Ambrose Rossiter.
Offence, – buggery. The accused stands committed to take his trial at the next Court of Gaol Delivery to be holden at Sydney, on the 17th day of February 1890.
[Signed] Cornelius Delohery, SM.
Dated at Redfern Police Office, this nineteenth day of December AD 1889.
14
(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
New South Wales, Redfern
TO WIT. }
Be it remembered, that on the 19th day of December in the year of Our Lord one thousand eight hundred and eighty nine Samuel Rider of 15 Wellington Street Waterloo, shopkeeper in the Colony of New South Wales, personally came before the undersigned, one of Her Majesty’s Justices of the Peace for the Colony of New South Wales, and acknowledged himself to owe Our Sovereign Lady the Queen the sum of
FORTY POUNDS
of good and lawful money of Great Britain, to be made and levied on his Goods and Chattels, Lands and Tenements, to the use of our said Lady the Queen, her Heirs and Successors, if Joseph Rider shall fail in the condition indorsed.
[Signed] Samuel Rider.
Taken and acknowledged, the day and year first above mentioned, at Redfern in the said Colony, before me.
[Signed] FP Meares, JP.
The condition of the within written Recognizance is such, that whereas Alfred Ambrose Rossiter was this day charged before Cornelius Delohery esquire, one of Her Majesty’s Justices of the Peace for the said Colony, with buggery.
If therefore the said Joseph Rider shall appear at the next Court of Gaol Delivery to be holden at Sydney in and for the Colony of New South Wales, on the 17th day of February next, at nine of the clock in the forenoon, and then and there give such evidence as he knows, upon an information to be then and there preferred against the said Alfred Ambrose Rossiter for the offence aforesaid, to the jurors who shall pass upon the trial of the said Alfred Ambrose Rossiter.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] FP Meares, JP.
15
(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
New South Wales, Redfern
TO WIT. }
Be it remembered, that on the 19th day of December in the year of Our Lord one thousand eight hundred and eighty nine Neil McFarlane Begg a Constable in the Police Force, Charles Sparkes of Moore Park in the Colony of New South Wales, park ranger, James Thompson of Bellevue Street in the said Colony, stable boy, 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] Neil McFarlane Begg, Charles Sparkes, James Thompson.
Taken and acknowledged, the day and year first above mentioned, at Redfern in the said Colony, before me.
[Signed] FP Meares, JP.
The condition of the within written Recognizance is such, that whereas Alfred Ambrose Rossiter was this day charged before Cornelius Delohery esquire, one of Her Majesty’s Justices of the Peace for the said Colony, with buggery.
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, on the 17th 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 Alfred Ambrose Rossiter for the offence aforesaid, to the jurors who shall pass upon the trial of the said Alfred Ambrose Rossiter then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] FP Meares, JP.
16
(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
New South Wales, Redfern
TO WIT. }
Be it remembered, that on the 21st day of December in the year of Our Lord one thousand eight hundred and eighty nine William Edmund (you said Edward ?) Strong medical practitioner in the Colony of New South Wales, personally came before the undersigned, one of Her Majesty’s Justices of the Peace for the Colony of New South Wales, and acknowledged himself to owe Our Sovereign Lady the Queen the sum of
FORTY POUNDS,
of good and lawful money of Great Britain, to be made and levied on his Goods and Chattels, Lands and Tenements, to the use of our said Lady the Queen, her Heirs and Successors, if he the said before mentioned person shall fail in the condition indorsed.
[Signed] WE Strong.
Taken and acknowledged, the day and year first above mentioned at Sydney, in the said Colony, before me.
[Signed] Charles Redgrave, JP.
The condition of the within Recognizance is such, that whereas Alfred Ambrose Rossiter was on the nineteenth of December 1889 charged before Cornelius Delohery esquire one of Her Majesty’s Justices of the Peace for the said Colony, with buggery. If therefore, he the before mentioned person shall appear at the next Court of Gaol Delivery to be holden at Sydney in and for the Colony of New South Wales, on the seventeenth day of February next, at nine of the clock in the forenoon, and then and there give such evidence as he knows, upon an information to be then and there preferred against the said Alfred Ambrose Rossiter for the offence aforesaid, to the jurors who shall pass upon the trial of the said Alfred Ambrose Rossiter then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] Charles Redgrave, JP.
Central Police Office
Sydney, 27 December 1889
Attorney General’s Secretary, Sydney
Sir,
2 In reply to your letter of this day’s date respecting the committal of the accused noted in the margin, I desire to inform you that as the crime of sodomy is a very serious one, and one punishable by imprisonment for life, (formerly by death) I considered that the Central Criminal Court was the proper Court
2
for such a case to be sent to, and therefore, committed him for trial at that Court.
I have the honour to be,
Sir,
your obedient servant.
[Signed] C[ornelius] Delohery, DSM.
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[On the depositions’ cover sheet is the following]
Central Criminal Court
Sydney
17th February 1890
AG’s No. 273
Depositions.
CS’s No. 7
Regina
v.
Alfred Ambrose Rossiter
Sodomy
See within [initialled] G[eorge] B[owen] S[impson] AG
27/12/89
Committed at: Redfern
on: 19 December 1889
~ ~ ~ ~ ~
Secs 59, 60, 319 & 374 (attempt)
1. Sodomy
2. Indecent assault upon a male person
[Signed] GB Simpson [AG]
The evidence of Dr Strong (forms ?) 1 and attempt.
[Signed] GB Simpson [AG]
27/12/89
~ ~ ~ ~ ~
Justice MH Stephen’s notebook 3
40
[Sydney, Monday, 17 February 1890]
Alfred Ambrose Rossiter – 20 years –
1. Buggery
2. Indecent assault
Post 55 4
Defended by Buchanan
Charles Sparks. Special Constable & Ranger at Moore [Park, Sydney] – I know prisoner. On 18 December last at 7 o’clock in the evening I was passing through McGill’s nursery – near Moore Park – I heard groaning – I proceeded to some scrub whence it came – 20 yards from the road. I went into scrub – & saw prisoner & a little boy naked – little boy Ryder laying on right side – prisoner also on his right side. He had the little boy by the loins & as I approached he pulled back from the boy – before before I came up to him – he was moving his person towards
41
the hind part of the boy – then he pulled away from the boy – his person was erect & greasy. I asked Ryder what the man was doing. He said he was putting that into me – pointing to his penis – I said where did he put it – he said into my bottom – prisoner said I’m drunk & I don’t know what I am doing – He was not drunk – though he may have been under the influence of drink – he tried to make his escape – I called for assistance – I found a grease pot close to where they were lying.
Cross-examined, deposition read.
Joseph Ryder. 9 years old. I live with my father & mother. I know prisoner – have known him a long while. I met him when I went with him into the scrub – he said that he would give me 3d. … to let him get into me.
42
When we got into the bush he asked me to take off my clothes – he made me – he took off his clothes – he gave another boy 6d. same day – he made me lay down … he got into me. I saw his person – he put it into my b-----m 5 … he had a tin of oil … he put it on himself & on me too – Constable Sparks came up – I told Sparks that he was getting into me.
NM Begg. Constable. Prisoner was given into my custody at 20 minutes past 7 on 18 December – he was making as if he was drunk – I don’t think that he was – I charged him & he said that he was drunk. I took the boy to Dr Strong.
Cross-examined. About an hour after, prisoner was not drunk – counted out his money.
43
WE Strong. Government medical officer. I examined the boy Ryder on 18 last December – nothing to indicate penetration – nor marks of violence.
Cross-examined. No trace of oil.
Henry Riley. Uncle of prosecutor. I have known prisoner since he was born – honest & upright … has been employed by my father for 5 years.
Peter Clincher. I know prisoner since he was a baby … very industrious young man – never known him drink – or do anything improper.
WH Alderson. Leather merchant. Intimately from his birth – up to the last 4 years – when I have seen him occasionally – always well behaved.
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John Moore. Green grocer – known prisoner for 12 months – well behaved.
Verdict. Not guilty of sodomy – not guilty of attempt.
Indecent assault – recommended to mercy on grounds of his youth & good character.
Post 54 55
55
Tuesday, 18 February 1890
Alfred James 6 Rossiter. 2 years imprisonment hard labour Sydney Gaol.
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The Bathurst Free Press and Mining Journal, Tue 18 Feb 1890 7
LATEST TELEGRAMS.
———◦———
(From Our own Correspondents.)
———
Sydney, Tuesday morning.
…
Later.
TERRIBLE DEPRAVITY.
Three youths named Blake, Rossiter and Walsh, convicted of an abominable offence, were sentenced to 5 years’, 2 years’, and one year’s imprisonment respectively, with hard labour, Walsh to receive twelve lashes.
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The Daily Telegraph, Tue 18 Feb 1890 8
CENTRAL CRIMINAL COURT.
The business of the court for February was commenced yesterday before Mr Justice Stephen, with Mr PJ Healey as Crown Prosecutor.
…
A charge of a similar character [unnatural offence] was proceeded with against another young man named Alfred Ambrose Rossiter (17). Evidence disclosed that the alleged act was committed at Redfern on December 18 last. Accused was defended by Mr Buchanan and pleaded not guilty, but was convicted of indecent assault, and in consequence of his youth recommended for light treatment.
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The Sydney Morning Herald, Tue 18 Feb 1890 9
CENTRAL CRIMINAL COURT.–
MONDAY.
(Before his Honor Mr Justice Stephen and juries.)
The February sittings of the Central Criminal Court were opened to-day. Mr PJ Healy prosecuted for the Crown.
JURYMEN FINED.
James Tytherleigh, yeoman, 18 Redfern-street, Redfern, and Warden Harry Graves, stock and station agent, Ocean-street, Woollahra, were each fined £3 for non-attendance as jurymen.
REVOLTING CRIMES.
Alfred Ambrose Rossiter, a youth of 17, was charged with an attempt to commit an [unnatural] offence to that disclosed in the previous case [William Walsh] upon Joseph Rider, a boy of 9 years of age, at Redfern, on 18th December, 1889. Prisoner pleaded not guilty, and was defended by Mr Buchanan, instructed by Mr Clayton.
Several witnesses were called for the defence, more particularly in reference to character.
The jury found the prisoner guilty of indecent assault, with recommendation to mercy on account of his youth.
The prisoner was remanded for sentence.
~ ~ ~ ~ ~
The Daily Telegraph, Wed 19 Feb 1890 10
CENTRAL CRIMINAL COURT.
Tuesday, February 18.
(Before Mr Justice Stephen.)
Mr PJ Healy prosecuted on behalf of the Crown.
…
SENTENCES.
…
Alfred Ambrose Rossiter, for an [unnatural] offence at Redfern, received two years’ hard labour in Darlinghurst gaol.
~ ~ ~ ~ ~
The Sydney Morning Herald, Wed 19 Feb 1890 11
CENTRAL CRIMINAL COURT.–
MONDAY.
(Before his Honor Mr Justice Stephen and juries.)
Mr PJ Healy prosecuted on behalf of the Crown.
SENTENCES.
…
Alfred Ambrose Rossiter, who was on the previous day found guilty of indecent assault, was sentenced to two years’ hard labour in Darlinghurst Gaol.
~ ~ ~ ~ ~
Alfred Ambrose Rossiter, Gaol photo sheet 12
![SRNSW: NRS2138, [3/6051], Darlinghurst Gaol photographic description book, 1889-1890, No. 4666, p.173, R5103](/images/trials/1890-Rossiter-6051-gaol-photo-4666-p-173.jpg "SRNSW: NRS2138, [3/6051], Darlinghurst Gaol photographic description book, 1889-1890, No. 4666, p.173, R5103") |
Gaol Photo Sheet - Transcribed Details
No. 4666
Date when Portrait was taken: 20.12.1889
Name: Alfred Ambrose Rossiter
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Native place: BC Sydney |
Where and when tried: Sydney GD [Gaol Delivery]. |
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(No. of previous Portrait ... ) PREVIOUS CONVICTIONS |
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| Where and When | Offence. | Sentence | |||
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Nil |
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1 SRNSW: NRS880, [9/6785] , Supreme Court, Papers and depositions, Sydney, Feb 1890, No. 273. Emphasis added.
2 Mn: Submitted [initial illegible] 28 Dec: /89. Reg v. Rossiter Sodomy. Com: to Criminal Court
3 SRNSW: NRS7704, [2/7131] , Judiciary, MH Stephen, J. Notebooks Criminal, 1886-1904, pp. 40-44, 55. Emphasis added.
4 Referral to later recording of sentence on p. 55.
5 Clearly either bottom or bum.
6 Error, means Ambrose.
7 The Bathurst Free Press and Mining Journal, Tue 18 Feb 1894, p. 3. Emphasis added.
8 The Daily Telegraph, Tue 18 Feb 1890, p. 3.
9 The Sydney Morning Herald, Tue 18 Feb 1890, p. 4.
10 The Daily Telegraph, Wed 19 Feb 1890, p. 3.
11 The Sydney Morning Herald, Wed 19 Feb 1890, p. 11.
12 SRNSW: NRS2138, [3/6051], Darlinghurst Gaol photographic description book, 1889-1890, No. 4666, p.173, R5103.