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1897, Frederick Martinsen - Unfit For Publication
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Newcastle Morning Herald and Miners’ Advocate, Wed 3 Nov 1897 1

Thursday, November 2.
(Before Mr Jas Mair, SM.)


    Fredk Martinsen was charged with an abominable offence in the reserve on the morning of the 2nd. The court was cleared during the hearing of the case.

    Constable Grainger said that shortly before 2 o’clock yesterday morning he was on duty in the little reserve when he saw the accused standing in the shade of one of the trees, about 20 yds from one of the electric lights. Witness was about 15 or 20 yds away at the time. He asked accused what he was doing out at that hour of the morning, and he said in reply that he had run away from the ship Thrasher. [sic] Witness told him that he had better go back to his ship. He then walked towards that statue and crossed the road nearest the beach, eventually lying down in the grass. He remained there about two minutes, and subsequently committed the offence complained of. In reply to the charge at the lockup the accused said, “You are not going to try this case.” The man was slightly under the influence of drink, but was not drunk.

    The accused said that he was not guilty. He was walking along the path, abreast of the tree, when the constable asked him what he was doing there, and he replied that he was going to have a sleep. He was lying down in the grass, when the constable came up a second time and said that he had caught him (accused) this time. He then took him to the lockup.

    The accused was committed for trial at the next Sessions, to be held in Newcastle on December 8.

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Newcastle Morning Herald and Miners’ Advocate, Thu 9 Dec 1897 2

December Sittings.
(Before His Honor, Judge Backhouse.)

    The December Sittings of the Newcastle Quarter Sessions were commenced yesterday morning, his Honor Judge Backhouse presiding. The members of the legal profession in attendance were: Messrs R Windeyer, W Tighe, R Cowan, and Edmund H Sheppard, barristers at law, and Messrs RW Thompson, J Windeyer, WA Reid, GW Mitchell, Arthur H James, TF Low, Jas Dart, CF Solling, TD O’Sullivan, and T Cronin, solicitors.

    Mr AF Dawson prosecuted on behalf of the Crown, and Mr WH Shaw, Deputy Sheriff, occupied a seat alongside his Honor.


    Fredk Martensen [aka Frederick Martinsen], a seaman, was charged with committing an unnatural offence [on a dog ] at Newcastle on November 2nd.

    The accused pleaded not guilty.

    Constable Grainger said he saw the accused in the little reserve standing near a tree at 1.40 o’clock on the morning of the 2nd. Witness asked him what he was doing there, and he said he had run away from his ship. (Subsequently witness saw him commit the offence complained of, the details of which are unfit for publication.)

    The accused said he was a Norwegian, and came here in the ship Treasurer, which he ran away from on the Monday previous to the alleged offence taking place. On the morning of the 2nd he went on the hill to have a sleep, but did not commit the offence described by the constable.

    His Honor, in addressing the jury, referred to the fact of the constable (the only witness in the case) remaining in court after the order was given for all witnesses to leave. His Honor was surprised that any constable should so far forget himself as to remain in Court after being told to leave.

    The jury after a brief retirement brought in a verdict of not guilty, and the accused was discharged.

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The Sydney Morning Herald, Thu 9 Dec 1897 3



    The December sittings of the Newcastle Court of Quarter Sessions were opened before his Honor Judge Backhouse at the City Court this morning. Mr Dawson prosecuted on behalf of the Crown.

    Cyril Edward Churton was arraigned on an indictment charging him with having illegally pawned a photographic lens, the property of William Blackall. The evidence was to the effect that accused borrowed the lens for the purpose of taking photographs, but it was subsequently discovered that he had pawned it for 10s. Accused denied having pawned the borrowed lens. A verdict of guilty, with a strong recommendation to mercy, was returned, and prisoner was sentenced to one month’s imprisonment. The sentence was suspended under the First Offenders’ Act , conditionally upon the accused finding sureties for his good behaviour.

    Frederick Martinsen appeared on a serious charge, but after hearing evidence the jury found the accused not guilty, and he was discharged.

    John Bryson was arraigned on an indictment charging him with having attempted to commit a serious offence. The jury found accused guilty of intent, and he was remanded for sentence.

    Albert Lavender, charged with having assaulted a girl of the age of 13 years and 4 months, was discharged without entering into the defence.

    William Paddock was arraigned on an indictment charging him with having assaulted a woman named Sarah Ann Hughes at West Wallsend on October 28 last. His Honor directed the jury to return a verdict of not guilty, and the accused was acquitted.

    Alexander Ekman, charged with having assaulted Samuel Phillips at the Dyke, Carrington, was found guilty, with a strong recommendation to mercy. The prisoner was remanded for sentence.


1     Newcastle Morning Herald and Miners’ Advocate, Wed 3 Nov 1897, p. 7. Emphasis added.

2     Newcastle Morning Herald and Miners’ Advocate, Thu 9 Dec 1897, p. 6. Emphasis added.

3     The Sydney Morning Herald, Thu 9 Dec 1897, p. 6. Emphasis added.