The Tamworth Observer and Northern Advertiser, Wed 9 Apr 1890 1
POLICE COURT
(Before Mr D[avid] W[illiamson] Irving, PM.)
…
MONDAY, APRIL 7.
ALLEGED INDECENT ASSAULT.
An elderly man named Thomas W Dewey, an old resident in the Tamworth district, was brought up charged with indecently assaulting a Norwegian named Cornelius Jonsen [Jonson] on the 3rd instant. After evidence had been given by Sergeant Flaherty, the prosecutor and Mr CT Silver, the accused was committed to take his trial at the Circuit Court to be held on the 17th instant.
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Depositions for Thomas Webb Dewey 18 Apr 1890 Tamworth trial 2
[Received at] Attorney General’s Department, Sydney, 18 April 1890, No. 103
(M., 11 and 12 Vict., Cap. 42.)
Depositions of Witnesses.
New South Wales, Tamworth
TO WIT. }
The examination of John Flaherty Sergeant of Police of Tamworth in the Colony of New South Wales, Kornelius Jonsen, labourer, of Tamworth and Charles Thomas Silver of Tamworth billiard table proprietor, in the said Colony, taken on oath, this 7th day of April in the year of Our Lord one thousand eight hundred and eighty ninety at Tamworth 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 Thomas Webb Dewey who is charged this day before me, for that he the said Thomas Webb Dewey, on the 3rd day of April 1890 at Tamworth in the said Colony, did indecently assault a male person named Kornelius Jonsen.
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(B.)
Warrant to Apprehend a Person Charged with an Indictable Offence.
To Sergeant John Flaherty, a Constable in the Police Force for the Colony of New South Wales, and to all other Constables in said Force.
Whereas Thomas W Dewey of Tamworth, in the said Colony, carpenter hath this day been charged upon oath before the undersigned, one of Her Majesty’s Justices of the Peace in and for the said Colony of New South Wales, for that he, on the third day of April, now instant, at Tamworth, in the said Colony, did indecently assault a male person named Kornelius Jonsen.
These are therefore to command you, in Her Majesty’s name, forthwith to apprehend the said Thomas W Dewey, and to bring him before me or some other of Her Majesty’s Justices of the Peace in and for the said Colony, to answer unto the said charge, and to be further dealt with according to Law.
Given under my hand and seal, this fifth day of April, in the year of Our Lord one thousand eight hundred and ninety, at Tamworth in the Colony aforesaid.
[Signed] D Williamson Irving. Justice of the Peace.
1
This deponent John Flaherty on his oath saith:– I am a Sergeant in the Police Force and stationed at Tamworth. About 1 o’clock pm on Saturday last the 15th instant I arrested the prisoner Thomas W Dewey in Fitzroy Street Tamworth by virtue of the Warrant I now produce. The Warrant is under the hand and seal of D Williamson Irving, PM and bears date 5th April 1890 and charges the prisoner Thomas W Dewey with indecently assaulting a male person named Kornelius Jonsen on the 3rd of April instant
2
at Tamworth in the Colony of New South Wales. I produced the warrant to the prisoner and read it to him. I asked him had he anything to say to the charge. Prisoner replied “I know no more about it than you do yourself.” I then took prisoner to the lock up, and had him confined on the charge.
[Signed] John Flaherty.
Taken and sworn before me this 7th day of April 1890 at Tamworth.
[Signed] D Williamson Irving, PM.
3
And this deponent Kornelius Jonsen on his oath saith:– I am a labourer and I am employed at Mr Charles Silver’s in this town. I sleep at the back of Mr Charles Silver’s billiard room in Peel Street. The prisoner sleeps in a room opposite to mine, there is a passage between us. On Thursday morning the 3rd instant about one o’clock the prisoner Dewey came into my room. I asked him “What do you want?” Prisoner said “I want a match, there is something crawling in my bed, and I
4
cannot get to sleep.” I said “You won’t be able to see what is in your bed tonight. You had better come and sleep alongside me.” Dewey then got into my bed, we were then talking about getting married and such like. Prisoner tried to get my legs between his legs. He threw one of his legs over my leg, and tried to push his other leg under mine. He put his hand between my legs and took hold of my tool, I mean my private part. I turned myself to the wall away from prisoner.
5
Prisoner then said he would go into his own bed. Prisoner then went away. Prisoner was undressed except his shirt when he came to my bed. When prisoner came into my room I struck a match and was going to light a candle but prisoner would not allow me. Prisoner did not do anything more than what I have stated. I told Mr Charles Silver what had happened in the night. I spoke to a policeman on Thursday night about prisoner’s conduct. Prisoner did not
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come to my room since that night.
In reply to the prisoner: Sometimes I fasten my room door with a nut. I cannot say if I had fastened the door the night you came into my room or not. I could not say if Mrs Silver or any others must have heard us talking when you came into the room and I asked who was there. You said “Psst psst” and after then I spoke in a low tone.
In reply to the Bench: I have had no quarrel with the prisoner and I have no ill will towards him.
[Signed] Kornelius Jonsen.
Taken and sworn before me this 7th day of April 1890 at Tamworth.
[Signed] D Williamson Irving, PM.
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And this deponent Charles Thomas Silver on his oath saith:– I keep a billiard table in Peel Street Tamworth. The last witness, Jonsen, is in my employment. He sleeps on my premises. I know the prisoner Dewey, he sleeps in one of my bedrooms just opposite to the room Jonsen sleeps in. On Thursday morning last at breakfast time the last witness made a complaint to me about the prisoner. The prisoner was not present.
In reply to Prisoner: I should think any talk
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in Jonsen’s bedroom might be heard by my mother and sister and others, if they were awake. Jonsen’s bedroom door can be fastened inside with a button. I do not know whether Jonsen keeps the door fastened at night or not. I do not allow the last witness Jonsen any regular wages, he came to me to work for his food and lodging. I give him a few shillings at the end of the week, as I feel inclined. Jonsen has been with me between two and three weeks.
[Signed] Charles T Silver.
Taken and sworn before me at Tamworth this 7th day of April 1890.
[Signed] D Williamson Irving, PM.
9
(N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales, Tamworth
TO WIT. }
Thomas Webb Dewey stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 7th day of April in the year of Our Lord one thousand eight hundred and ninety for that he, the said Thomas Webb Dewey on the 3rd day of April 1890 at Tamworth, in the said Colony, did indecently assault a male person called Kornelius Jonsen 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 Thomas Webb Dewey, and the witnesses for the prosecution John Flaherty Sergeant of Police, Kornelius Jonsen labourer and Charles Thomas Silver billiard table proprietor all of Tamworth aforesaid being severally examined in his presence, the said Thomas Webb Dewey 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 Thomas Webb Dewey saith as follows:– “This charge is a fabrication on the part of the witness Jonsen, either to extort money or for some other motive.”
[Signed] TW Dewey.
Taken before me, at Tamworth, in the said Colony, the day and year first abovementioned.
[Signed] D Williamson Irving, PM.
10
Regina
versus
Thomas Webb Dewey
Offence, indecent assaulting a male person.
The accused stands committed to take his trial at the next Court of Gaol Delivery to be holden at Tamworth, on the 17th day of April 1890. Bail allowed the accused in £100 and two sureties in £50 each, or one in £100. Bail not being forthcoming accused is committed to the Gaol at Tamworth.
[Signed] D Williamson Irving, PM.
Names and addresses of Witnesses:– John Flaherty, Sergeant of Police, Kornelius Jonsen, Labourer, Charles Thomas Silver, billiard table operator all of Tamworth.
Dated at Tamworth Police Office, this 7th day of April AD 1890.
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(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
New South Wales, Tamworth
TO WIT. }
Be it remembered, that on the 7th day of April in the year of Our Lord one thousand eight hundred and eighty ninety John Flaherty a Sergeant of the Police Force, Tamworth, Kornelius Jonsen of Tamworth in the Colony of New South Wales, labourer, Charles T Silver, of Tamworth in the said Colony, billiard table proprietor in the said Colony, personally came before the undersigned, one of Her Majesty’s Justices of the Peace for the said Colony of New South Wales, and acknowledge 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.
Taken and acknowledged, the day and year first above mentioned, at Tamworth in the said Colony, before me.
[Signed] D Williamson Irving, PM.
The condition of the within written Recognizance is such, that whereas Thomas Webb Dewey was this day charged before D Williamson Irving Esquire one of Her Majesty’s Justices of the Peace for the said Colony, with indecently assaulting a male person named Kornelius Jonsen on the 3rd of April 1890 at Tamworth.
If therefore, they the before mentioned persons shall appear at the next Circuit Court to he holden at Tamworth in and for the Colony of New South Wales, on the 17th day of April 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 Thomas Webb Dewey for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Thomas Webb Dewey
Then the said Recognizance to be void, or else stand in full force and virtue.
[Signed] D Williamson Irving, PM.
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[On the depositions’ cover sheet is the following]
Circuit Court,
Tamworth
17th April 1890
No. 103
Depositions.
No. 9
Regina
v.
Thomas Webb Dewey
Indecent assault.
See within [initialled] G[eorge] B[owen] S[impson] AG 10/4/90
Committed at: Tamworth
on: 7th April 1890
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Indecent assault upon a male person
[signed] GB Simpson AG
10/4/90
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Justice WJ Foster’s notebook 3
58
[Tamworth, Friday, 18 April 1890]
R v Thomas Webb Dewey
Assault
Plea not guilty
59
R v Thomas Webb Dewey – Indecently assault a certain male prisoner.
Plea not guilty
Crown opens.
Calls Cornelius Johnson. 4 Norwegian laborer employed by Mr Charles Silver billiard room keeper. Prisoner was living at Mr Silver’s sister’s place. I slept at back of billiard room. Prisoner was sleeping in a room on opposite side of passage to me. April 3rd I had gone to bed. I was asleep. I felt somebody feeling about my body. I woke, asked if there is there any people about. Prisoner answered, asked if I had any matches. I said yes. I gave him a few matches. He struck one, lighted candle, blew it out, asked me if I was cold in the bed. I said no. He told me he could not get his sleep in his own bed in case there were bugs & fleas there. I told him to shake down somewhere in my bed. Then he did get in.
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I can’t recollect what he was saying. He wanted to feel at my instrument. I didn’t understand him properly. He throwed one leg over me. He was trying to push the other underneath me. He come with his hand between my legs. He didn’t speak nor did I. I turned over when it came to that. He touched my instrument. I said I was not used to that game. After I turned over he said he might just as well go in his own bed. He got up & went away. In morning I spoke to Mr Silver & also to policeman.
Cross-examined. Some people sleep not far from me. The nearest door is about 4 or 5 feet from mine. Mrs Purser. Mine is wooden door. I didn’t usually shut it. I had known prisoner 6 or 7 weeks. Last place I was working was in Singleton. I’ve been 18 or 19 months in the country. I don’t know if I said in Police court he asked if I was cold in bed. I did When I told him he could not see with (?)
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I did not know what he wanted. I thought it was a dirty game, that’s why I informed police. I knew it was an offence. Partitions are quite bricks. I didn’t throw him but only turned on my side. They were all brick except the door. I was talking quietly to Dewey.
Crown calls Charles Thomas Silver. Kept billiard room Peel Street. On 3rd of this month last witness was in my employ. Back room adjoining billiard, prisoner slept in other back room adjoining billiard room, passage between (not ?) opposite exactly. Wednesday or Thursday I had conversation, he made complaint to me.
To me. Johnston was (grooming ?). Prisoner was carpenter. Partitions are pine. One wall is brick.
Defence
Mr Garland calls George Jarman, JP. Know prisoner 25 years. He resided at Singleton. I’ve heard nothing against character. I’ve always found him a good moral Christian. I think not lately living with his wife. He was teetotaller many years. Whether he is still I don’t know.
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Calls Rev Mr Andrew Armstrong. Presbyterian clergyman. Been here 20 years, have known prisoner 15 or 16 very well. He always seemed to me decent respectable man. I’ve often employed. Have not heard anything against. Christian.
I sum up.
Verdict not guilty.
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The Sydney Morning Herald, Sat 19 Apr1890 5
TAMWORTH CIRCUIT COURT.
———◦———
(By Telegraph.)
(From Our Correspondent.)
——
Tamworth, Friday.
The Circuit Court was resumed this morning.
…
Thomas Webb Dewey was arraigned for an alleged perpetration of an unnatural offence, and was acquitted. The jury did not retire from the box.
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The Tamworth Observer and Northern Advertiser, Sat 19 Apr 1890 6
CIRCUIT COURT
(Before His Honor Justice [WJ] Foster.)
Photo ID: SRNSW 4346_a020_a020000051.jpg
The Tamworth Circuit Court opened on Thursday at 10 o’clock before His Honor Mr Justice Foster.
The Bar was represented by Mr Ralston, Crown Prosecutor, and Mr Garland. The Solicitors present were Messrs WF Tribe, TM Newman, RA Dowe, and CJ Ross, Tamworth; Mr Treacher, Quirindi. Mr J Lee attended from the Crown Solicitor’s office.
JURORS FINED.
The following Jurors were each fined £3 for non attendance:– W Budge, W Greer, HN Garvin, and Jos. Barnard. In the case of the last named His Honor said he had received a note asking that Mr Barnard be excused. He could take no notice of that unless there was evidence given on oath.
JUROR EXCUSED.
JT McCaffrey was excused from serving on the jury on the ground that he had been up all the previous night, his wife having been ill.
…
INDECENT ASSAULT.
Thomas Webb Dewey was charged with indecently assaulting a male person named Cornelius Jonsen at Tamworth on the 3rd instant. He pleaded not guilty, and was defended by Mr Garland, instructed by Mr Newman.
The prosecutor, a Norwegian, gave evidence as did also Mr CT Silver who stated that prosecutor made a complaint to him on the morning of the alleged offence.
Evidence was given as to the character by Mr G Jarman, JP and Rev A Armstrong.
Mr Garland then ably addressed the jury for the defence pointing out that the charge was one very easy to make but very difficult to disprove.
His Honor summed up strongly in favour of the prisoner.
The jury without leaving the box found a verdict of not guilty.
His Honor said that on the evidence before them the jury could not come to any other verdict.
The prisoner was accordingly discharged.
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Australian Town and Country Journal, Sat 3 May 1890 7
TAMWORTH.
April 28.
CIRCUIT COURT.—Mr Justice Foster presided at the Circuit Court last week, Mr Ralston filling the duties of Crown Prosecutor. Mr J Lee, from the Crown Solicitor’s office, was also present. There were only half a dozen cases for trial, and they were not of much public interest. Perhaps the most interesting was one in which John Clarke was tried for publishing a false, scandalous, defamatory, and malicious libel on one Martha Mason. Much of the evidence was unfit for publication. His Honor made some severe comments on the case, and sentenced prisoner to fifteen months’ hard labor. In a sheep-stealing case against Charles Pacey, who was acquitted, Mr Ralston announced that he had been advised by the Attorney-General that in all probability proceedings for perjury would be instituted against some of the witnesses for the Crown.
1 The Tamworth Observer and Northern Advertiser, Wed 9 Apr 1890, p. 3.
2 SRNSW: NRS880, [9/6796], Supreme Court, Papers and depositions, Tamworth, 1890, No. 103. Emphasis added.
3 SRNSW: NRS5977, [2/4277], Judiciary, WJ Foster, J. Notebooks Circuit Courts, 1884-94, pp. 58-62. Emphasis added.
4 Kornelius Jonsen in transcript of depositions.
5 The Sydney Morning Herald, Sat 19 Apr 1890, p. 10.
6 The Tamworth Observer and Northern Advertiser, Sat 19 Apr 1890, p. 7. Emphasis added.
7 Australian Town and Country Journal, Sat 3 May 1890, p. 17.