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1899, George Anselme and George Cook - Unfit For Publication
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Below also see: George Anselme, 1909

Evening News, Tue 13 Jun 1899 1

POLICE COURT PARS.
———◦———


    A colored individual named George Anselme, described as a sailor, was brought before Mr J Mair, SM, at the North Sydney Police Court yesterday, charged with larceny as a bailee of one sovereign. The accused was taken into the employ of Dr J[ames] C[harles] Cox 2 at North Sydney on May 17, and last Tuesday asked for half sovereign. He was given a sovereign, and asked to return the change. Anselme promised faithfully to comply with his master’s request, but failed. He was arrested on the 6th on board the barque EJ Spence at Pyrmont by Plain-clothes Sergeant Brennan and Constable Kennedy. In defence the accused said that Dr Cox gave him the money to send to his mother. The doctor also gave him a list of articles which he wanted from Mauritius. The bench, however, believed the story told by the prosecutor, and fined Anselme £2, or twenty-one days’ retirement.

~ ~ ~ ~ ~

The Sydney Morning Herald, Tue 13 Jun 1899 3

POLICE COURTS.
———◦———


    Larceny as a Bailee.—At the North Sydney Police Court yesterday, before Mr James Mair, SM, George Anselme, 18, a coloured sailor, appeared to answer a charge of larceny as a bailee of a sovereign, at North Sydney, on the 5th instant, the property of Dr JC Cox. Accused was a servant in the employ of Dr Cox. He asked his master for half-a-sovereign, and was given a sovereign and told to bring back the change. He then departed with the money, and was not seen again until he was arrested at Pyrmont. Accused went into the box, and said he was under the impression Dr Cox had given him the sovereign to keep. He was fined 40s, or in default 21 days’ imprisonment.

~ ~ ~ ~ ~

The Daily Telegraph, Fri 7 Jul 1899 4

POLICE COURTS.

    At North Sydney Court, yesterday morning, before Mr E[rnest] H[enry] Wilshire, SM., George Amselmo [sic], 18 years of age, a sailor, and George Cook, 21 years of age, a teamster, were, for attempting to commit an offence in the neighbourhood of Kirribilli Point, committed for trial at the Central Criminal Court on 24 July.

~ ~ ~ ~ ~

The North Shore and Manly Times, Sat 8 Jul 1899 5

POLICE NEWS.
NORTH SYDNEY, Thursday, July 6.
(Before Mr EH Wilshire, SM)

AN ABOMINABLE OFFENCE.

    George Cook and Ansalem, [sic] the latter a native of Mauritius, were charged with an abominable offence on Saturday, July 1, at the water’s edge at the foot of Peel-street, North Sydney. It appears that Mr Victor Horniman was rowing a boat past this quiet locality on Saturday, and he came upon the two prisoners, who when they saw they were observed, made up the side of the hill into Alfred-street. Nearly an hour later Senior-Constable McDonald saw the men leaving the Shore, and, probably knowing they were gaol-birds, he intercepted and searched them. Mr Horniman, who in the meantime had been to the boat-house, was on his way to Sydney, and, seeing McDonald talking to the men, he gave the information which caused the men to be placed under arrest.

    The evidence of Dr BJ Newmarch was consistent with the other evidence.

    The accused pleaded not guilty, and were committed to the Criminal Court for trial on July 24.

    The two accused made statements that they ran away when seen by Mr Horniman as they thought they were on private property. Both men had just been released from gaol.

~ ~ ~ ~ ~

Depositions for George Anselme 26 Jul 1899 and George Cook 27 Jul 1899 Sydney trials 6


(a) Town.

Letter from Bench of Magistrates at (a) North Sydney

 

transmitting Depositions

(b) Name in full of accused.

in the case Regina v. (b) George Anselme and George Cook

(c) Offence.

(c) Attempted buggery

 

(d) Town.

Police Office, (d) North Sydney

 

6th July 1899  

 

Sir,
I have the honor, by direction of the Bench of Magistrates,
to transmit herewith the Depositions, and other documents in the

(e) Name of accused

case of (e) George Anselme and George Cook

(f) “His” or “her”

who has been committed to take (f) their

(g) “Circuit Court,” or 
“Quarter Sessions.”

trial at the (g) Circuit [sic] Court

to be held at (h) Sydney

on Monday

(h) Town where Court 
to be held.

the 24th day of July 1899


The accused is (i) are confined in the gaol at Darlinghurst. (Bail refused).

(i) “Is confined in the 
Gaol at …,” or “has been admitted to bail” (with full particulars as to sureties, addresses, occupations, and amounts, as set out in Recognizance.)

(k) As in Recognizance, both for Crown and defence, specifying also what witnesses gave evidence but were not bound over, with reason for omission.

The Witnesses bound over are (k) Duncan McDonald, Senior Constable of Police of North Sydney; Vicary Horniman of North Sydney, clerk, Bernard James Newmarch of North Sydney, Medical Practitioner.

 

(l) Short description to enable identification.

The Exhibits enclosed are (l) There are no exhibits.

 

I have the honor to be,
Sir,
Your obedient Servant,

 

[Signed] H[erbert] H[alkerston] MacDougal
Clerk of Petty Sessions

The Secretary,

Attorney General's Department.

N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates

4g 201-90

 
~ ~ ~ ~ ~

NEW SOUTH WALES POLICE.

North Sydney Station.
17th July 1899.

Metropolitan District,

Report relative to antecedents of:–

Name: George Anselme
Offence: Attempting to commit sodomy with George Cook.
Committed for trial at: Central Criminal Court
Date: 24th July 1899.

    Senior Constable Duncan McDonald reports:–

    Convictions against George Anselme North Sydney 12th June 1899 larceny as bailee £2 or 21 days.

[Signed] Duncan McDonald, Senior Constable.

~ ~ ~ ~ ~

NEW SOUTH WALES POLICE. 

North Sydney Station.
17th July 1899.

Metropolitan District,

Report relative to antecedents of:–

Name: George Cook, alias Chalmers
Offence: Attempting to commit sodomy with George Anselme
Committed for trial at: Central Criminal Court
Date: 24th July 1899

    Senior Constable Duncan McDonald reports:–

    Convictions against George Cook Balmain, PC 18th July, 95 stealing, 2 months hard labour. SQS 1st February 97, Break enter and steal, 12 months hard labour. Balmain PC 30th March 98 stealing, 3 months. Newtown PC, 25th Jan 99, stealing, 1 month. Newtown PC 25th Jan 99, having stolen property, 1 month, accumulative.

[Signed] D McDonald, Senior Constable.

1

(M., 11 and 12 Vict., Cap. 42.)

Depositions of Witnesses.

North Sydney
TO WIT.               }

Vicary Horniman. Image: The Sydney Morning Herald, Fri 6 Sep 1929, p. 19. Reproduction: Peter de Waal
Vicary Horniman. Image: The Sydney
Morning Herald
, Fri 6 Sep 1929, p. 19.
Reproduction: Peter de Waal

The examination of Duncan McDonald of North Sydney in the Colony of New South Wales, Senior Constable, Vicary Horniman of North Sydney aforesaid, clerk and Bernard James Newmarch in the said Colony, Medical Practitioner taken on oath this 6th day of July in the year of Our Lord one thousand eight hundred and ninety nine and North Sydney 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 George Anselme and George Cook who are charged this day before me for that they the said George Anselme and George Cook on the 1st day of July 1899 at North Sydney in the said Colony, did attempt to commit the abominable crime of buggery.

2

    This deponent Duncan McDonald on his oath saith:– I am a Senior Constable of Police at North Sydney. About 2.30 pm on the 1st instant I saw the two accused in Campbell Street. They were coming from the direction of Peel Street. They went to Milson’s Point and I stopped them. About 5 minutes after Vicary Horniman came along and said “That is right Constable lock them up.” I said “What have they been doing?” Horniman said “They have been committing sodomy round on the green.” Anselme said “No, not me. I went round to see a man named Tom with reference to some money.” Accused Cook also said this. I brought the accused to the Police Station. About 3.30 pm. I had the accused examined by Dr Newmarch. I also took them to the Central Police Station and they were examined there about 5 pm by Dr Paton. I brought them back to North Sydney Police Station and charged them with “attempting to commit the abominable crime of buggery at North Sydney on 1st July 1899.”

    Neither replied to the charge.

    By accused Cook: Dr Paton said you had a small pile.

[Signed] Duncan McDonald.

Taken and sworn at North Sydney, this 6th day of July 1899 before me.
[Signed] EH Wilshire, SM.

3

    This deponent Vicary Horniman on his oath saith:– I am a clerk at the Treasury and reside at Miller Street, North Sydney. I know the accused. I saw them on the 1st instant. They were at the foot of Peel Street about 20 to 2 pm. I was in a boat rowing, with the shore on my right. I was rowing slowly. The accused Cook was lying face downwards on the ground. His trousers were down. Accused Anselme was on top of accused Cook. Anselme’s trousers were open in front but not down at the back. I was about 25 yards away and could see what I have described perfectly. They saw me and accused rolled apart. Anselme had an erection. His penis was near the buttocks of Cook. When Cook rolled over and his person was also exposed.

    Anselme was making movements with his body as though he were having connection with Cook. They ran away up the steps. I sang out to them. They ran over the top of the hill. I don’t think the accused could have been seen except from the top of the hill or from the water. The accused were lying east and west. I had a side view of them. I have no doubt at all that accused are the men I saw. Later in the day I saw the accused with Constable McDonald. He asked me what they had done. I told him. It was

4

Peel Street, 1904. Image: NSW State Library, Z/SP/K7/2. Reproduction: Peter de Waal
Peel Street, 1904. Image: NSW State Library, Z/SP/K7/2.
Reproduction: Peter de Waal

about an hour after I had seen them at the foot of Peel Street.

    When asked if he wanted to ask questions Anselme states “When the witness called out I ran away because I thought I was on his property.”

    By Cook: I did not call you “a dirty pair of bastards.” You did not say “We are homeless and penniless.” I did not report the case at the lock up because it was such a filthy case I did not want to be mixed up in it.

[Signed] Vicary Horniman.

Taken and sworn at North Sydney, this 6th day of July 1899 before me.
[Signed] EH Wilshire, SM.

5

    This deponent, Bernard James Newmarch on his oath saith:– Excorriation [sic] at the junction of the skin and the mucous membrane at the posterior part of the anus. The anus was patulous. The whole of the anus was inflamed looking. There was some moisture about the parts and the hair was matted. I examined Anselme’s penis but did not discover anything. I did not examine his anus. With respect to what I saw of Cook I should say as far as I am able to judge that he had been buggered recently.

    By Cook: The redness could not be caused by rubbing the pile. It might be caused by chafing. The piles were hardly noticeable.

[Signed] BJ Newmarch.

Taken and sworn at North Sydney, this 6th day of July 1899 before me.
[Signed] EH Wilshire, SM.

6

(N., 11 & 12 Vic., Cap. 42.)

Statement of the Accused.

New South Wales,
TO WIT.                    }

George Anselme stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 6th day of July in the year of Our Lord one thousand eight hundred and ninety nine for that he, the said George Anselme on the 1st day of July 1899 at North Sydney, in the said Colony, attempt to commit 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 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 George Anselme, and the witnesses for the prosecution Duncan McDonald, Vicary Horniman, Bernard James Newmarch being severally examined in his presence, the said George Anselme 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 George Anselme saith as follows:– “I wish to give evidence.”

Taken before me, at North Sydney, in the said Colony, the day and year first above mentioned.
[Signed] EH Wilshire, SM.

7

Defence [statement]

    This deponent George Anselme on his oath saith:– I am a sailor. I was discharged from gaol on the morning of the 1st instant. I met the accused Cook on that morning and asked him to come with me to see “Tommy”. I was having a shit when Mr Horniman saw me. I was not on top of Cook. I ran away. Horniman said “You bloody bastards.”

[Signed] George Anselme.

Taken and sworn at North Sydney, this 6th day of July 1899 before me.
[Signed] EH Wilshire, SM.

8

(N., 11 & 12 Vic., Cap. 42.)

Statement of the Accused.

New South Wales,
TO WIT.                    }

George Cook stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 6th day of July in the year of Our Lord one thousand eight hundred and ninety nine for that he, the said George Cook on the 1st day of July 1899 at North Sydney, in the said Colony, attempt to commit the abominable 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 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 George Cook, and the witnesses for the prosecution Duncan McDonald, Vicary Horniman, Bernard James Newmarch being severally examined in his presence, the said George Cook 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 George Cook saith as follows:– “I wish to give evidence.”

Taken before me, at North Sydney, in the said Colony, the day and year first above mentioned.
[Signed] EH Wilshire, SM.

9

    This deponent George Cook on his oath saith:– I am a teamster and live anywhere. I was discharged from gaol on the 29th June 1899. I met Anselme at North Sydney Sydney at 7.45 am. I had seen him at gaol. I came over with him to see Tommy who asked him to come back again. I went down with Anselme and we both did what we wanted to do. Horniman sung out, he said “You dirty bastards.” I ran away up the steps. I thought I was on private property.

    By Bench: I was lying on my side mending my braces when Horniman came. My trousers were not down but my shirt was hanging out. Anselme was not on top of me. I was in gaol for larceny. I was not with the accused Anselme in gaol.

[Signed] George Cook.

Taken and sworn at North Sydney, this 6th day of July 1899 before me.
[Signed] EH Wilshire, SM.

10

REGINA.
versus
George Anselme

G. 190.

Offence,— Attempted buggery
    The accused stands committed to take trial his at the next Court of Assizes to be holden at Sydney, on the 24th day of July 1899. Bail allowed the accused in £ and two sureties in £ each, or one in £. Bail refused.

[Signed] EH Wilshire, SM

JP.

Dated at Police
Office, North Sydney
this 6th
day of July
AD 1899
4g 416 - 88

11

REGINA.
versus
George Cook

G. 190.

Offence,— Attempted buggery
    The accused stands committed to take his trial at the next Court of Assizes to be holden at Sydney, on the 24 day of July 1899. Bail allowed the accused in £ and two sureties in £ each, or one in £. Bail refused.

[Signed] EH Wilshire, SM

JP.

Dated at Police
Office, North Sydney
this 6th
day of July
AD 1899
4g 416 - 88

12

(O. 1, 11 & 12 Vic., Cap. 42.)

Recognizance to give Evidence.

New South Wales,
TO WIT.                    }

Be it remembered, that on the 6th day of July in the year of Our Lord one thousand eight hundred and ninety nine Duncan McDonald a Senior Constable of the Police Force, at North Sydney in the Colony of New South Wales, Vicary Horniman of North Sydney in the said Colony, clerk, and Bernard J Newmarch of North Sydney in the said Colony, Medical Practitioner 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 Condition indorsed.

[Signed] Duncan McDonald, BJ Newmarch, Vicary Horniman.

Taken and acknowledged, the day and year first above mentioned at North Sydney in the said Colony, before me,
[Signature illegible], JP.

The Condition of the within written Recognizance is such, that whereas George Anselme and George Cook were this day charged before EH Wilshire, SM Esquire, one of Her Majesty’s Justices of the Peace for the said Colony, with attempting to commit the abominable crime of buggery.
If therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Sydney in and for the Colony of New South Wales, on the 24th day of July instant, 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 George Anselme and George Cook for the offence aforesaid, to the jurors who shall pass upon the trial of the said George Anselme and George Cook.
Then the said Recognizance to be void, or else to stand in full force and virtue.

[Signature illegible], JP.

~ ~ ~ ~ ~

George Anselme, 1899. SRNSW: NRS2138, [3/60640], Photo: SRNSW
George Anselme, 1899. SRNSW:
NRS2138, [3/60640], Photo: SRNSW

[Anselme’s letter seeking mercy]

Darlinghurst Gaol
7th August 1899.

To his Honour the Presiding Judge..

Your Honour,

I have been found guilty of an offence of which I am entirely innocent.

    I am a poor boy in this Colony without friends or money, so that I am unable to procure the services of a solicitor for my defence. I am a native of Mauritius and I sincerely promise that immediately upon my release from prison I will return to my own country.

    Your Honour, I have already been in gaol one month awaiting my trial and I most earnestly ask you to take this into consideration when passing sentence upon me.

[Signed] George Anselme.

______________ 

George Cook, 1899. SRNSW: NRS2138, [3/6060], Photo: SRNSW
George Cook, 1899. SRNSW:
NRS2138, [3/6060], Photo: SRNSW

[Cook’s letter seeking mercy]

1

[Undated, transcribed verbatim]

To His Honour Judge Cohen.

    I was discharged from prison on the 29th of June with the intentions of leading a good honest life. The cause of my downfall has been drink and companions. The first time in my life I was arrested was in the suburb of Balmain in the year of 1895 of which I was fined three pounds or two months for stealing a macintosh cape. My mother paid the fine and I promised her that I would never do so again. I then went to work at North Dock. I was working there for about two years when I was arrested for breaking and entering the Brass Shop. I was committed for trial in the year 1897 before Judge Docker and was sentenced to twelve months and that was the first time I was in gaol. When I was released I went away to the country to work for my uncle. I was in charge of 10 horses and a wagon journeying from Camden to Sydney. I was trusted on average two hundred pounds worth of goods every journey. I was working for my uncle about five months and he took to drink and he would not pay me my wages and I wrote and told my mother that I was going to leave him as he was encouraging me to bad habits and I didn’t want to lead a bad life. I picked up my swag and left him without a penny. I had my swag stolen in Liverpool and come on to Sydney. I was in Sydney about a fortnight and could not get work. I was earning my meals by chopping wood from door to door and I used to sleep in the parks. I was getting sick and down hearted and I went and stole to horse horse collars. A Policeman seen me with the collars

2

and asked me where I got them. I told him I stole them and he asked me where from and I addressed him to the place. I was brought before the Magistrate at Newtown, Mr Isaacs and I asked him to sentence me to six months has I was starving and he said that he could only go by the evidence and that it was a bad day that ever I went to gaol. When I was discharged from that sentence I was arrested at the prison gates and charged in Balmain for stealing a set of harness. I stole the harness and took it to Camperdown and threw it in a publican’s yard. I didn’t have the heart to sell it because I knew I was doing wrong and by selling it I thought I might be getting somebody else in trouble. I am out only two days and arrested on a charge of which I am honestly innocent but the evidence was quite strong enough to commit any boy. I met this boy that is charged with me in Oxford Street and he came up to me and asked me if I could tell him where his ship was. He told me that he was a stranger in Sydney and I took pity on him and told him that I would try and help him. I went around to a lot of offices with him and they told him to get his discharge from the gaol that his ship had sailed and they couldn’t give him his clothes without his discharge. I went to North Shore with him and I was taken bad in my inside and I went down this street and a gentleman said he seen me, it is against my nature not only that I have more respect for my parents and the religion I belong to. This boy may have tried to take a mean advantage of me while I was dozing. I told you that I had no sleep on Friday night and I walked about

3

starve first before I came back I ask a warder of the gaol for some old clothes. I told him I had nothing only what I stood in and he told me he would look some up that his what brought me up Oxford Street at six o’clock. Your Honour, I only want you to give me one chance. I have been in gaol seventeen months altogether and I never had a caution from any officer. I never forget that I was a prisoner. I would only be too glad when I am released from the sentence of which you are going to pass upon me to be bound and apprenticed to any farmer for 3 or 4 years for a shilling a week so has I can prove to my parents and relations that I can lead an honest life has well has a dishonest one. I am only twenty one years of age next birthday and I don’t think my parents will ever believe that I have ever been guilty of such a crime. I was born in the bush and I never knew what it was to say a bad word until I was 16 years of age. I never knew what it was to have a father that would take me in hand. My father has been dead seventeen years and I will promise you faithfully if you give me a chance that I will never attempt to break the laws of the Colony again.

[Signed] George Cook.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Central Criminal Court,
Sydney.
24th July 1899
AG’s No. 162
Depositions.
CS’s No. 23
Regina
v.
George Anselme
and
George Cook
Attempted sodomy
Committed at: North Sydney
on: 6th July 1899

~ ~ ~ ~ ~

July 1/99 at North Sydney
Sodomy Buggery
To be tried separately
[Initialled] C[harles] G[regory] W[ade, Crown Prosecutor]
15/7/99

[Initialled] G[eorge] H[oustoun] R[eid QC] AG
20 [7/99]

~ ~ ~ ~ ~

Justice HE Cohen’s notebook  7

50

[Sydney, 26 July 1899 – George Anselme]
July 26/99

    8 R v Anderson Anselme (George) – Abominable crime on George Cook.
Plea not guilty.
Wade for Crown.
Case not at present proceeded with – proceeded with post 62.

62

July 26/99

R v Anselme (ante 50) – Unnatural offence on George Cook.

Wade for Crown.
George Jarret sworn to interpret in French

    Vickery Horniman. 9 Clerk in Treasury. I live in North Sydney. On July 1 was rowing – I started from Careening Cove, a branch of Neutral Bay & rowed to Robertson’s Point at end of Mosman & then to Kirribilli Point. I started back keeping close to the shore near Kirribilli Point. As I came to a street, Peel Street, I saw 2 persons – dark & white man. White man lying on his face & stomach on the ground with his head facing to East, his clothes – trousers were down. The dark man lying on top of him facing the same way & front of his trousers open. I am sure of it. But to best of my belief the back of trousers not down. Hse was lying on him, & the part of his body where his person is was against the buttocks of the other man. The dark man was going through a motion as if having connection. I checked the boat & called out to them “You dirty pair of buggers or beggers!” They rolled away from me on to their right sides. The dark man’s person was exposed as he rolled off – in a state of erection. After he rolled on to his side the front was visible. The man underneath rolled the same way. I saw his person in same state as the other’s.

63

They began hurriedly to do up their clothes, & started to run up some steps. As they were at the top one of them called out – some filth. The accused is the dark man. I saw both faces as they stood up. I paid attention to their faces. The young man now brought into Court is the other. The (street ?) (till ?) within perhaps 100 yards from water’s edge has a level of about 3 feet & then steps lead down to flat at the water’s edge. The flat is green till where the sand commences. At the back of where they were lying were bushes about 5 to 6 feet high – they were lying near the bushes which protected them from view at top of steps but perfectly exposed from water’s edge. They were lying on the flat. I rowed to boatshed, & had dinner there. I afterwards saw them with Constable Macdonnell 10 about 1 hour afterwards. I said to the Constable “that’s right you have the right men” – or to that effect. He said what have they done? I said “that they were committing sodomy.” They denied it.

Cross-examined

    Duncan Macdonald. Senior Constable at North Sydney. I arrested accused. I had conversation with him. He understands English fairly well. He gave evidence at the North Sydney Police Court without assistance. W I was present when Dr Newmarch saw him. He understood all I said to him. I heard

64

him ask the witnesses in Police Court questions. I 1st saw accused in North Sydney about 3.30 pm in Campbell Street with a man “Cook” coming from direction of Peel Street North Sydney. They went to Milsons Point. I followed them. I stopped accused & Cook at the point. About 5 minutes afterwards a man Richard 11 Horniman the witness came up. He said that’s right Constable, lock them up. I said what have they been doing. He said they were committing sodomy round on the green. Accused said no no not me & afterwards said we went round to see a man named Tom about some money. North I took accused & Cook to North Sydney Police Station & called Dr Newmarch to examine them about 3.30. I was at Police Court at preliminary inquiry. I saw accused go in the box & sign something. I can’t say what he signed. The document produced.

    Cross-examined. I am quite certain you understood what was said in English. You had nothing in your pockets when arrested.

    Bernard James Newmarch. Duly qualified medical practitioner North Sydney. I saw accused & the man brought into Court just now. I saw both about 3.30 pm of July 1 – examined both. I asked Cook to put down his trousers & lean over a chair

65

& examined his anus & buttocks. The parts surrounding the anus were reddened & moist – hair matted. A small haemorrhoid pile on left border of anus, a distinct excoriation & rupture of the skin close to the orifice of the bowel at the (back ?) (entrance ?) – quite recent – a spot or 2 of blood on the excoriation. Those conditions could be caused by a man’s person considering the anus was (opened ?). I examined accused’s penis – but no indications observable there. I should think penetration would most probably to produce the results I saw on Cook – it was quite compatible with them. Penetration I couldn’t swear penetration had taken place.
Crown case closes.

    George Anselme. Sailor – stays at Salvation Army Pitt Street. I left Sydney to go to North Shore on July 1 to see a (person ?) called Tommy to ask for 5/- owing to me. I saw him & he told me to come back later on. He I said to him I am hungry & he didn’t give me the money – if he came later on he would give him [sic] some. I went to Tommy with another man – Cook. I said to Cook I wanted to go to a WC & to do something necessary & Cook should [leave] me alone. I was sitting there, the 1st witness passed in a

66

boat & sang out to me – I don’t remember what it was. After that I ran away & up some steps, & afterwards went to see Tommy who told me to come in the evening & he would give me some money or his master would give him (Tommy) some money. Leaving there Cook & I went towards ferry to go to Sydney & the police arrested me. I told the constable I had to see a man named Tommy and the 1st witness passed & said That’s right constable, arrest him. I asked why. The said witness said I had committed sold sodomy & I replied no. The 1st witness was the 1st man to inform the police. That gent had a conversation aside with the policeman & then the policeman said I can prove it asked the said witness could he prove it. The policeman then asked me to come with him – I was at the police station asked me to come & see a doctor. The doctor examined me. A gentleman had been talking to the doctor outside. Afterwards we were brought to central Police Station & examined by Government Medical Officer. The doctor spoke to police. I don’t know what he said. We were afterwards brought back to North Sydney. The 1st witness was talking to policeman for about 10 minutes, & we were

67

afterwards brought in to the lock up.

    To Jury. My age is 18 years.

    I sum up 4.40 to 4.50 & direct the Jury that they may find the accused guilty of an attempt under the indictment.

Jury retire at 4.50 pm
  “   return at 5 pm

Verdict. Guilty of attempt.

    I state special case on the question whether the prisoner can be found guilty of the attempt upon this indictment – conviction was upheld.

    Previous conviction.

    June 12/99 North Sydney Police Court. Larceny as a bailee. £2 or 21 days imprisonment.

Sentence. 18 months imprisonment in Darlinghurst Gaol for 18 months [sic].

~ ~ ~ ~ ~

Justice HE Cohen’s notebook  12

68

[Sydney, 27 July 1899 – George Cook]

July 27/99 – R v Cook (George) – Unnatural offence with George Anselme. (Sec. 59 Penal servitude for life or not less than 7 years. 60 Attempt – Penal servitude for 5 years:)

Wade for Crown.

    Vickery 13 Horniman. Clerk in Treasury – In Neutral Bay I was rowing on July 1 & was in the neighbourhood of Neutral Bay & Kirribilli Point. I was coming back & was rowing under the lea of shore, with scull about touching the rocks. As I came to front of Peel Street I saw 2 men, dark & white, the white lying on his face & the dark man lying on top of him. The white man’s trousers down & the black man’s down in front – I can’t say for certain if down behind. The person of dark man – where his person is was against the pen buttocks of white man – the dark man going through movements as if having connection. I was within about 25 yards of them. I stopped boat & called out to them “you dirty pair of buggers or beggars” – I won’t swear which. They rolled on their right sides, which brought their faces towards me. As they rolled the persons of both came into view, in a state of erection. They On my calling out they rose up & began hurriedly to do up their clothes. They ran up steps leading to the flat & as they ran away (?) called out some filthy expression. The accused is the white man. Anselme is called brought into court. He is the dark man. The road Peel Street leads to the water

69

& the level of the road about 100 yards from water is about 3 feet high from level of water – steps lead down to green flat & the green continues to sand at water’s edge. There are bushes between 5 & 6 feet high. They were about 30 yards from where I was & at the back of green spot. The men lying were under cover of the bushes, such would protect them from view at top of steps. There was a clear view from water’s edge where I was. I went on to boatshed. About an hour afterwards going towards Milsons Point I saw accused & the dark man with Constable Macdonald at the ferry. I approached where they were & said to the constable “that’s it constable, you have the right men” or to that effect. The accused could hear. I had some words with constable away from accused. Before I left their hearing the constable asked what they had done. I said they had committed sodomy. Accused denied it. He said he wouldn’t do a thing like that & if he told all he knew about that sort of thing to Mr Newton Editor of Truth he would get thousands, that it was common in gaol or to that effect.

    Cross-examined. I & the constable were nearer th than 10 yards from you when I spoke aside to the constable. You made not the slightest attempt to run away. I swear you spoke about Newton & could make thousands. I

70

(believed ?) you had (never ?) (?) for (yourself ?). I don’t remember you saying anything about the church to which you belonged. The The constable mentioned something to me about (proving ?) it. The constable warned you not to run away. You were clear of the bush – I could see plainly what you were doing. I swear your trousers were down & couldn’t be mistaken as to a patch on the trousers. I won’t swear what colour shirt you had on – I could see the difference between the colour of shirt & your flesh. It was at the time I saw you fine day sun shining – about ¼ to 2. Part of day wet & cloudy – the sun shining (?) not dazzle my eyes – but no sun in (?) where you were – the sun shone on you – & made it perfectly clear. I hadn’t to pass the police station going to where you were. The police station about 1 mile from the rowing club shed where I had dinner after seeing this & about ½ mile to Milsons Point where I saw you with constable. I wouldn’t have gone to the police station. (?) At the time I saw it, it was 20 to (2 ?) & I took particular notice thinking there (must ?) be some (?) about it. I wouldn’t of my own free will have been mixed up with such a case (& needn’t ?) have laid information. When I saw the accused

71

& dark man with constable I thought he had arrested them for the crime & through natural impulse spoke. I thought the constable had (?) (made ?) from some other source. I couldn’t say no one else saw it. The police asked me would I go to the lock up & lay the charge. I said since I had made the charge I would tell what I saw. I told him I had an appointment to see (somebody ?) & asked would I have to go to the lock up then. Constable said it wouldn’t be necessary for me to go just then, he would take the men & have them examined by a doctor. I went up in ferry to meet my (friend ?) – he didn’t come – it was then raining & I returned to North Sydney in next boat & then went to police station by myself to (?) (?) (?). I went to (?). I went to police station in tram. To go to Sydney & back to police station took me about ¾ hour. I was at police station before doctor came – not in the station – to the best of my (?) belief.

    Duncan Macdonald. Senior Constable North Sydney. I arrested accused about 2.30 pm July 1. I saw accused in company with Anselme in Campbell Street North Sydney coming from direction of Peel Street. I followed them to Milsons Point & there stopped them. About 5 minutes after Horniman came up & said “That’s (right ?) constable, lock them up.” I said what were they doing. He said they were committing sodomy round on the green. Accused said I went round with him

72

(meaning Anselme) to see a man named Tom about some money. With assistance of Constable (Greaves ?) I took accused & the other man to North Sydney police station. About 3.30 I called in Dr Newmarch & had them examined. I charged accused with offence – he made no reply.

    Cross-examined. (Knowing ?) you & seeing that you looked bulky I stopped you thinking I might get you for something else. I had seen you about the streets & had seen you in the Quarter Sessions. I may have seen you when you were undergoing sentence – the same as these policemen. I saw you in 1897 when you got 12 months. I asked you what you had on you & how long you had been out. I think you said you were out on the Thursday previous. I wouldn’t be sure whether I asked you who gave you 12 months. You told me Senior Constable (Darlington ?) had given you 12 months at Balmain – after I charged you. You told me you stole 2 horse collars because you were starving & got 12 months. You unbuttoned your coat & showed me what you had – a prayer book & rosary beads. You told me you had no money & were trying to lead honest life. I called the gent at one side & left you standing about as far away as where

73

this gent he is sitting down – you stood. I read the charge to you about ½ past 5 (?) – I didn’t (till ?) the doctor examined you. We reached the lockup about 3.00 & you were sitting there about 30 minutes before the doctor came. I think Horniman was there before doctor came – (undeniably ?) I think.

    Bernard James Newmarch. Duly qualified medical practitioner – North Sydney. (?) (accused ?). Saw him (professionally ?) about 3.30 pm – examined him. The skin anus & skin surrounding it were reddened, parts were moist & the hair matted. Anus open & a small haemorrhoid or pile on left border of anus & excoriation or fissure at back part of anus at junction of skin & mucous membrane. Skin had been broken. This was quite fresh – a spot or 2 of coagulated blood in it. These appearances could be caused by a man’s penis. The anus being open was not natural – could be caused by man’s penis.

    Cross-examined. The matting of hair could be caused by perspiration – or a mucous discharge from anus – if a man is dirty. It was a slimy mucoid discharge in this. There was no sign of any (?) there. The It couldn’t be caused by diarrhoea – the excoriation. Certain forms of diarrhoea – bilious – leaves beery (secretion ?) when nature’s call is responded to. You could tamper with yourself by using your own fingers. If you were (continually ?) using ointments or lotions – there was no reason for it.

74

The pile was no finger bigger than a pea. The pile you had was not very recent – I should think you had it on or off for some time. I have (known ?) the inside of the (posterior ?) to be turned out for a few seconds after attack of diarrhoea. I would not say yours was not caused by this. Any person with relaxed condition of anus would be liable to that (protrusion ?) after attack of diarrhoea. It would be painful. He would You (might ?) pass blood with your motion – (it ?) would be inflamed – (if ?) protrusion of rectum after diarrhoea. I used no instruments in examining you. I examined you with fingers. I asked you would you be examined by me – You said I think “certainly, by all means”. I made no demand.

  14  (Re-examined ?). No indications of suffering from diarrhoea – it would be a difficult indication to give. The diarrhoea & pile would not account for breaking of skin or blood spots – on no account – diarrhoea, pile or (?) would not account for slimy condition of matting – unless mucous discharge from rectum. You do get the mucous discharge with diarrhoea – in some cases.

Crown case closes.

75

Defence

    Accused’s statement. I met Anselme on (Saturday ?) morning April 1 – he had just been discharged from prison & I came up Oxford Street. I was found a suit of clothes by gaol warder. I was standing on corner at 6.30 & just missed the warder going on duty. Anselme came up (& stood ?) & asked me did I know where his (ship ?) lay – xxx 15 Anselme told me he was going to his (friend ?) Tommy, to ask him (for ?) a loan of 5/-. I asked him how much money he had. He said 2 tram tickets – &c. We went to (North Shore ?) to his friend – xxx I was taken bad with diarrhoea, had suffered for 3 or 4 days. I walked down street. I told Anselme I had stomach ache. I went & eased myself. Anselme saw me – & he said he wanted to. I laid down & waited for him. Whilst waiting there the blackfellow came & laid behind me – I think I must have been (dozing ?). I felt very bad & sleepy. The next thing I heard was that the black boy got up, & either he or the gentleman called out something – I thought I had been chased or suspected – & it made me run. I didn’t know where I was for time being. I saw this gent in the boat & called out it’s all right (?). I am homeless & penniless & had no where else to go – We walked up to Anselme’s friend’s place again.

I sum up and tell Jury they can convict of the attempt.

Jury retire at 11.27
  “   return at 12.17

Verdict – Guilty of attempt, not guilty of full offence

 Balmain Police Court July 18/95  – stealing – 2 months imprisonment
 Sydney Quarter Sessions February 1/97  – Breaking & entering &c – 12 months hard labour
 Newtown Police Court – January 25/99  – stealing – 1 month hard labour
     “           “          “           “      “     – having supposed stolen property – 1 month hard labour
 Balmain Police Court – March 30/99   – stealing – 3 months hard labour

Sentence 18 months imprisonment in Darlinghurst Gaol with hard labour.

~ ~ ~ ~ ~

The Daily Telegraph, Thu 27 Jul 1899 16

CENTRAL CRIMINAL COURT.
(Before Mr Justice Cohen and juries.)
Mr CG Wade, Crown Prosecutor.

A SERIOUS OFFENCE.

    George Anselme (a coloured man) was charged with having, at North Sydney, on the 1st July, committed a serious offence.

    Evidence in support of the charge was given by V Horniman, Senior-constable McDonald, and Dr Newmarsh.

    Accused gave evidence on his own behalf.

    The jury, after a brief retirement, found accused guilty of an attempt to commit the offence, and he was remanded for sentence.

~ ~ ~ ~ ~

The Sydney Morning Herald, Thu 27 Jul 1899 17

CENTRAL CRIMINAL COURT.
(Before Mr Justice Cohen and juries of 12.)

    Mr CG Wade was the crown Prosecutor.

A SERIOUS OFFENCE.

    George Anselme, coloured man, was charged with having assaulted a man. He pleaded not guilty. The jury found accused guilty of an attempted assault, and he was remanded for sentence.

~ ~ ~ ~ ~

The Daily Telegraph, Fri 28 Jul 1899 18

CENTRAL CRIMINAL COURT.
(Before Mr Justice Cohen and juries.)

    Mr CG Wade, Crown Prosecutor.

A SERIOUS CHARGE.

    George Cook was arraigned on a charge of having, at North Sydney, on 1st July, committed a serious offence.
    Evidence in support of the Crown case was given by Senior-constable McDonald, Dr Newmarsh, and V Horniman.
    After a short retirement, the jury returned with a verdict of guilty of an attempt to commit the offence. There was a long list of previous convictions against Cook, who was remanded for sentence.

~ ~ ~ ~ ~

The Sydney Morning Herald, Fri 28 Jul 1899 19

CENTRAL CRIMINAL COURT.
(Before Mr Justice Cohen and juries of 12.)

    Mr CG Wade was the Crown Prosecutor.

ASSAULT.

    George Cook, a young man, was charged with having assaulted a man. He was found guilty of an attempted assault, and was remanded for sentence.

~ ~ ~ ~ ~


George Anselme, Gaol photo sheet 20 

SRNSW: NRS2138, [3/6064], Darlinghurst Gaol photographic description book, 1899-1900, No. 7795, p. 121, R5108.


Gaol Photo Sheet - 
Transcribed Details

No. 7795

Date when Portrait was taken: 13-6-1899

Name: George Anselme
(aka Geo O’Brien)

Native place: Mauritius

Year of birth: 1881

Arrived       Ship: (Spiend ?)
in Colony }   Year: 1899

Trade or occupation
previous to conviction      } Sailor

Religion: RC

Education, degree of: Nil

Height: 5' 4¼"

Weight     On committal: 120
in lbs     } On discharge:

Colour of hair: Black

Colour of eyes: Brown


Marks or special features: Scar on left eyebrow

(No. of previous Portrait ... ) 

PREVIOUS CONVICTIONS

Where and When Offence. Sentence

North Sydney

Sydney GD

Central PC 

12

26

14

6

7

5

1899

1899

1901

Larceny as a bailee

Attempt to commit sodomy

False pretences

£2 or 21 Days C

18 months H.L.

6 months H.L.


~ ~ ~ ~ ~


George Cook, Gaol photo sheet 21

SRNSW: NRS2138, [3/6060], Darlinghurst Gaol photographic description book, 1896-1897, No. 6916, p. 236, R5106. Emphasis added.


Gaol Photo Sheet - 
Transcribed Details

No. 6916

Date when Portrait was taken: 15-1-1897

Name: George Cook
(aka George Chalmers; John Munro)

Native place: BC Camden

Year of birth: 1878

Arrived       Ship: –
in Colony }   Year: –

Trade or occupation
previous to conviction      } Labourer

Religion: RC

Education, degree of: R&W

Height:  5' 10⅝"

Weight     On committal: 145
in lbs     } On discharge:

Colour of hair: Fair

Colour of eyes: Gray


Marks or special features: Scar on left upper lip. Scar on left little knuckle and thumb

(No. of previous Portrait ... ) 

PREVIOUS CONVICTIONS

Where and When Offence. Sentence

Balmain PC

Sydney Q.S

Newtown PC
ditto

Balmain PC

Sydney GD

CPC

ditto

Glebe PC
ditto

Balmain

WPC

Glebe PC

Parramatta PC 

18

1

25
25

30

27

6

7

2
2

9


12

7

3

7

2

1
1

3

7

6

7

2
2

9
 

12

7

3

1895

1897

1899
1899

1899

1899

1901

1901

1902
1902

1902
 

1903

1904

1905

Stealing

Break, enter & steal

Stealing
Hav[e] supplied stolen property

Stealing

Attempted sodomy

Stealing

ditto

Stealing
Stealing

In possession of supposed stolen
property; Stealing 2 charges

Stealing

ditto

Stealing
Illegally use a horse

2 mon C

12 mon H.L.

1 mon HL
1 mon HL   |  Accumulative

3 months HL

18 Months H.L.

£3 or 1 month HL

6 Months HL

3 months H.L.
3 months H.L.  |  Accumulative


3 x 3 months H.L. A Accumulative

4 months H.L.

6 months HL

3 months HL
4 months HL  |  Accumulative

 


 

George Anselme, 1909

Evening News, Fri 2 Apr 1909 22

CHARGE OF BIGAMY.
———◦———
MAN COMMITTED FOR TRIAL.
————

    An alleged bigamy case, in which accused and his father-in-law and other witnesses were natives of Mauritius, came before the Central Police Court this morning, when George Anselme, or George Francose, 27, a greengrocer, was charged by warrant, with having, on September 20, 1904, at Sydney, married Keturah Vinetha Simpson, and while so married having, under the name of George Francose, on June 10, 1907, married Amelia Edith Hampton Taylor, his wife being then alive. Senior-constable Robertson said that when he read the warrant to Anselme he replied, “I never married the girl Simpson, I married the girl Taylor.” Witness asked, “Did you ever live at the house in Waine-street, where the girl Simpson lived.” Accused replied “No; I’ve been there several times. Every time I went there they made me drunk.” Witness produced a certified copy of a certificate of marriage between George Anselme and Keturah Vinetha Simpson, and a copy of the certificate of marriage between George Francose and Amelia Edith Hampton Taylor.

    William Lloyd Simpson, a cook, living at 21 Berwick-lane, Sydney, said that in September, 1904, he lived at Waine-street, and on September 20, 1904, his daughter, Keturah Vinetha Simpson, was married to accused in witness’ house by Rev George Walters. Anselme lived at witnesses’ house for four or five months. Witness allowed no drink in the house.

    Rev George Walters, of the Unitarian Church, gave evidence of having married the accused and Miss Simpson. Anselme was sober at the time.

    Amelia Edith Hampton Taylor, living at 149 Riley-street, Sydney, said that on June 10, 1907, she was living at Newtown. On that date she was married to Anselme by the Rev Tremayne Dunstan. Accused gave the name of Francose, and described himself as a bachelor. They lived together for 12 months, when witness asked accused if he had been married before. He said no at first, but afterwards said yes, and said further, “If you tell on me I’ll get three years.”

    Anselme was committed for trial at the next Court of Quarter Sessions.

~ ~ ~ ~ ~

Evening News, Tue 4 May 1909 23

CONVICTED OF BIGAMY.

    At Darlinghurst Sessions George Anselme, a colored man, was charged with bigamy.

    The Crown case was that on September 20, 1904, Anselme was married to Keturah Venetha Simpson, and on June 10, 1907, he went through the marriage ceremony with Amelia Edith Hampton Taylor, his wife, Keturah Venetha Simpson being then alive.

    William Lloyd Simpson, a cook, said the accused was married to his daughter at his residence in Waine-street, Sydney, the ceremony being performed by Rev George Walters. The latter gave evidence that Anselme was sober when the marriage took place.

    In defence, Anselme said he did not believe he was married to Simpson. He was very drunk when the ceremony was performed, and he knew nothing about it until someone told him next day he was married.

    The jury returned a verdict of guilty, with a recommendation to mercy, and Anselme, who had a gaol record was remanded for sentence.

~ ~ ~ ~ ~

The Sydney Morning Herald, Tue 4 May 1909 24

LAW NOTICES.

SYDNEY QUARTER SESSIONS.


    George Anselme, bigamy.

QUARTER SESSIONS.
(Before Judge Backhouse and juries.)

    Mr Harris prosecuted for the Crown.

COLOURED BIGAMIST.

    George Anselme, a coloured man, was charged with bigamy.

    The Crown Prosecutor stated that on September 20, 1904, Anselme was married to Kenturah [aka Keturia] Venetta Simpson, and on June 10, 1907, he went through the marriage ceremony with Amelia Edith Hampton Taylor, his wife being then alive.

    Anselme said he did not believe he was married to Simpson. He was very drunk when the ceremony was performed, and he knew nothing about it until someone told him next day.

    The jury returned a verdict of guilty, with a recommendation to mercy, and Anselme was remanded for sentence.

~ ~ ~ ~ ~


George Anselme, Gaol photo sheet 25

SRNSW: NRS2138, [3/6074], Darlinghurst Gaol photographic description book, 1909-1910, No. 10986, p. 110, R5113.


Gaol Photo Sheet - 
Transcribed Details

No. 10986

Date when Portrait was taken: 4-5-1909

Name: George Anselme
(aka George Francose; George Frances; George O’Brien; George Costello)

Native place: Mauritius

Year of birth: 1881

Arrived       Ship: Aldeberon
in Colony }   Year: 1899

Trade or occupation
previous to conviction  } Fruiterer

Religion: RC

Education, degree of: R&W

Height: 5' 4¼"

Weight     On committal: 127
in lbs     } On discharge:

Colour of hair: Black

Colour of eyes: Brown


Marks or special features: Minus two teeth top and two teeth lower jaw; two vaccine marks outside left upper arm, faint tattoo marks outside forearm on back of left hand and junction left thumb. Brown burn scar on top part of right arm. Scar high up on right side of forehead, large brown patch from point of shoulder to centre of chest, several brown patches from burns on right side of back, two brown scars on right shin

(No. of previous Portrait .. 7795 & 270 Foreigners)

PREVIOUS CONVICTIONS

Where and When Offence. Sentence

Central PC

Paddington PC 

Central PC 

Sydney Q.S

14

23

  8

  4

  5

11

  2

  5

1901

1908

1909

1909

False pretences. 

Stealing

Indecent language

Bigamy

6 months HL

2 months HL

£1 or 14 days HL

12 months HL

And 2 previous convictions for which see Photo Nos as above

 


1     Evening News, (Sydney, NSW), Tue 13 Jun 1899, p. 3.

2     For articles regarding Dr James Charles Cox’s death see: The Sydney Morning Herald, Mon 30 Sep 1912, p. 8. Nepean Times, (Penrith, NSW), Sat 5 Oct 1912 p. 4. Evening News, (Sydney, NSW), Mon 30 Sep 1912, p. 9.

3     The Sydney Morning Herald, Tue 13 Jun 1899, p. 3.

4     The Daily Telegraph, Fri 7 Jul 1899, p. 2.

5     The North Shore and Manly Times, Sat 8 Jul 1899, p. 2.

6     SRNSW: NRS880, [9/6977], Supreme Court, Papers and depositions, Sydney, Jul 1899, No. 162. Emphasis added.

7     SRNSW: NRS5784, [2/2652] , Judiciary, HE Cohen, J. Notebooks Criminal Causes (Darlinghurst), 1895-1910, pp. 50, 62-67. Emphasis added.

8     Mn: Sec. 59. Penal servitude for life or any term not less than 5 years.

9     The Sydney Morning Herald, Fri 6 Sep 1929, p. 19.

OBITUARY
———◦———
MR VICARY HORNIMAN.

    Mr Vicary Horniman, son of the late Mr Robert John Horniman, principal of the Australian College, died suddenly yesterday. Mr Horniman entered the Treasury Department in 1882, and rose to the position of paymaster. In 1924 he was appointed manager of the Resumed Properties Department. He retired from the Civil service in April 19927, and left Sydney for England with his wife on a visit to their son Dr Robert Vicary Horniman. Since his return last year he has been living at Manly.

    Mr Horniman was a prominent official in every movement for the advancement and benefit of the service.

    Mr Horniman was pillar of amateur sport. His interest were manifold. They were directed always for the benefit of those who wished to maintain “sport” as a recreation. He himself was an athlete all his life. He wanted others to be athletes, and set them an example. His greatest sphere of activity was rowing. Almost up to his retirement he was able to derive pleasure from exercise afloat. He was a foundation member of the North Shore Rowing Club. This year the club is celebrating its jubilee. Members will miss the man who for 43 years had held office either as honorary secretary or captain, the latter of which positions he held until his death. Mr Horniman was one of the most respected members of the New South Wales Sports Club, and had been a director for 27 years.

    He was manager of the 1912 Australasian Olympic team at Stockholm, which included the eight- oared crew which won the Grand Challenge Cup at the Henley-ob-Thames, and even after his retirement was further honoured by being appointed one of the overseas executive committee in regard to the last Australian Olympic team.

    Interested in anything pertaining to the cult of Athenic amateurism he could not but have played a big part in the affairs of the Rugby Union. His first big office was membership of the management committee. Until the departure of the Waratahs he was chairman of the executive. His vision was brought enough to embrace a conception of the necessity of membership. To him is due the praise for the reinforcing of the concrete foundations on which the New South Wales Rugby Union was built.”

10     McDonald or Macdonald in transcript of depositions.

11   Vickery?

12   SRNSW: NRS5784, [2/2652], Judiciary, HE Cohen, J. Notebooks Criminal Causes (Darlinghurst), 1895-1910, pp. 68-75. Emphasis added.

13   Vicary in transcript of depositions.

14   Mn: I stated special case raising the question whether upon the indictment the prisoner could be found guilty of the attempt – conviction was upheld

15   These marks (xxx) in two successive places suggest that the judge was marking a particular passage between them as significant in some way – purpose unclear.

16   The Daily Telegraph, Thu 27 Jul 1899, p. 8.

17   The Sydney Morning Herald, Thu 27 Jul 1899, p. 4.

18   The Daily Telegraph, Fri 28 Jul 1899, p. 8.

19   The Sydney Morning Herald, Fri 28 Jul 1899, p. 7.

20   SRNSW: NRS2138, [3/6064], Darlinghurst Gaol photographic description book, 1899-1900, No. 7795, p. 121, R5108.

21   SRNSW: NRS2138, [3/6060], Darlinghurst Gaol photographic description book, 1896-1897, No. 6916, p. 236, R5106. Emphasis added.

22   Evening News, (Sydney, NSW), Fri 2 Apr 1909, p. 5. Emphasis added.

23   Evening News, (Sydney, NSW), Tue 4 May 1909, p. 5. Emphasis added.

24   The Sydney Morning Herald, Tue 4 May 1909, p. 4.

25   SRNSW: NRS2138, [3/6074], Darlinghurst Gaol photographic description book, 1909-1910, No. 10986, p. 110, R5113.