Newcastle Morning Herald and Miners’ Advocate, Wed 24 Mar 1897 1
NEWCASTLE POLICE COURT
Tuesday, March 23.
(Before Mr J[ames] Mair, SM.)
…
INDECENT ASSAULT.
Bernard Olsen, a seaman, was charged with committing an indecent assault on board British barque Orellana, on February 5 last.
Mr Lowe appeared for the defence, and several witnesses were examined, when the magistrate decided to commit the accused for trial at the Maitland Quarter Sessions [sic] on the 30th instant.
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The Sydney Morning Herald, Wed 24 Mar 1897 2
NEWCASTLE.
———◦———
…
At the City Police Court to-day Bernard Olsen, a seaman, was committed for trial to the next sittings of the Maitland Court of Quarter Sessions on a charge of having on 5th February last assaulted John Henry Northey on board the ship Orellana whilst on the high seas.
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Depositions for Bernard Olsen 30 Mar 1897 Maitland trial 3
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Regina v. (b) Bernard Olsen |
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(c) Offence. |
(c) Indecent assault on a male person |
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(d) Town. |
Police Office, (d) Newcastle |
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23rd March 1897 |
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Sir, |
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I have the honor, by direction of the Bench of Magistrates, |
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to transmit herewith the Depositions, and other documents in the |
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(e) Name of accused |
case of (e) Bernard Olsen |
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(f) “His” or “her” |
who has been committed to take (f) his |
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(g) “Circuit Court,” or |
trial at the (g) Court of Gaol Delivery |
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to be held at (h) Maitland |
on Tuesday |
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(h) Town where Court |
the30th day of March 1897 |
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The accused is (i) confined in Her Majesty’s gaol at Maitland |
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(i) “Is confined in the |
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(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) Harry Mundy, John Henry Northey, Joseph Valencia, William Young and Richard Puxley.
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(l) Short description to enable identification. |
The Exhibits enclosed are (l) Nil |
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I have the honor to be, |
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[Signed] Frederick G[regory] Adrian |
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Clerk of Petty Sessions |
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The Secretary, |
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Attorney General’s Department. |
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N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates |
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4g 201-90 |
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NEW SOUTH WALES POLICE.
North Eastern District,
Newcastle Station.
March 25th 1897.
Report relative to antecedents of:–
Name: Bernard Olsen
Offence: Indecent assault on a male person
Committed for trial at: East Maitland Circuit Court
Date: March 30th inst.
Senior Constable H Mundy No 2831 reports:– That the accused was a seaman on board the British registered ship Orellana, where the alleged offence took place whilst on the high seas. He joined the vessel in Cardiff, Wales, and had been about 7 months on board, it is not known whether he has been in this Colony before.
His antecedents are unknown to the Senior Constable.
[Signed] Harry Mundy, Senior Constable.
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(M., 11 and 12 Vict., Cap. 42.)
Depositions of Witnesses.
Newcastle
TO WIT. }
The examination of Harry Mundy a Senior Constable of the Police Force in the Colony of New South Wales, John Henry Northey, Ship’s Boy vessel Orellana, Joseph Valencia Seaman of the vessel Orellana William Young an Apprentice of the vessel Orellana and Richard Puxley the Master of the vessel Orellana taken on Tuesday this 23rd day of March in the year of Our Lord one thousand eight hundred and ninety seven at [Newcastle] 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 Bernard Olsen who is charged this day before me for that he the said Bernard Olsen on or about the 5th day of February 1897 whilst on the high seas on board the British registered vessel Orellana indecently did assault one John Henry Northey a male person.
1
This deponent Harry Mundy on his oath saith as follows:– I am a Senior Constable of Police and reside stationed at Newcastle. About 1 o’clock yesterday evening at the lock up I charged the accused now before the Court by virtue of the Warrant produced “A” [see below] 4 which I read to him. He said “Well, I don’t understand it.” I said “Putting your hand in the boy’s private part is an indecent assault.” He said “I don’t know that I indecently assaulted him.”
[Signed] Harry Mundy.
Taken and sworn at Newcastle, this 23rd day of March 1897 before me.
[Signed] J Mair, SM.
2
This deponent John Henry Northey on his oath saith as follows:– I am 17 years old. I am a boy on board the vessel Orellana. I stowed away from Penarth my native place, my parents live there. I know the accused, he is a seaman on the ship Orellana. I remember about the fifth of last month. I was in the starboard watch. Accused was there also. He and two others besides myself were in the same watch and they would be the only ones to sleep in the forecastle with me. We slept in bunks. One of them named Valencia slept in the bunk above me and the accused slept in the bunk on the same line with
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Valencia. Isaacson slept below the accused. On the 5th ultimo my watch went below at 8 in the morning. I woke at 20 minutes past 11, I was cold. I didn’t notice anything peculiar when I woke my shirt was wet. Accused had gone out for the dinner. I didn’t see him before he went down. A couple of nights after I woke up in the middle watch between 12 and 4 and found my shirt and private parts were wet. I couldn’t see what it was like, it was dark. I saw the accused standing beside my bunk when I first awoke. He then went back to his bunk. He was panting. I didn’t examine
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my shirt then, it was the back part that was wet. The next day or a day or two afterwards I spoke to him. We were talking about charming fish. He put my head between his knees. I said to him “I believe you fucked me last night.” He said he only wet his finger and spit on my behind. He said “Anyhow you can’t prove it. You haven’t got any witnesses.” He said “I only wet my finger and spit on your behind.” Nothing else was said at that time. Afterwards on another occasion I woke up in the day time and saw the accused standing by my bunk with his person exposed. He was adjusting his drawers. I thought the other men were asleep.
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On the fifth, the time he put my head between his knees he said if I told anybody he would give me a hiding. He said “You haven’t got any witnesses to prove that I did such a thing.” He said “If you tell anybody forward or the Captain I will give you a damn good hiding.” I sleep with drawers on. I have been wearing them ever since we came into cold weather. They button in front. When I woke up once I found my drawers cut at the back, that was after the 5th. A few days weeks before we came to Newcastle. On that occasion the accused was in his bunk. I don’t know the date. The seam was
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cut. The stitches were broken. He Accused was reading a book leaning over me. He was feeling my person with his hand. He was feeling my prick. I didn’t speak to him. He pretended to read the book and then went away and turned in. The other men were in their bunks. The drawers were open at the back as if the stitches were had given away. I don’t say now they were not cut.
To Mr Lowe: I don’t know how they were broken open.
To the Police: About the 5th ultimo I fell asleep on the deck. When I woke up he was playing with my private parts. He said he had been playing with them. The apprentice was there when
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he said it.
To Mr Lowe: The apprentice was there and the accused when I woke up. I left the postal department and went to a trade and ran away to sea. I wanted to be a sailor. I didn’t tell my parents. I was found the same day I stowed away. I came up to the time that the accused put his my head between his knees. I only told him not to play with me. He hurt me then, I was angry with him. I didn’t report it to the Captain. On the 5th in the morning I found my shirt wet. On the night watch about the 5th I fell asleep on the deck, I don’t know whether it was before or after this time he squeezed my head.
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I believe he fucked me. I didn’t see feel him do anything to me. He played with me on other occasions. He woke me up once with playing with me. I didn’t speak to him on that occasion. There was a fight between accused and Valencia at Zanzibar and accused knocked him down. Valencia had a knife. Valencia was going about the deck drunk. I have been in port about a week. I have been in port 11 days. I laid my information yesterday after accused had been locked up for drunkenness. I didn’t lay my information before.
To the Bench: I was frightened. Accused said he would give me a licking if I told anybody. Valencia
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told the Captain.
To Mr Lowe: Valencia caused this prosecution to be made. The Captain took me to the Police.
[Signed] John Henry Northey.
Taken and sworn at Newcastle, this 23rd day of March 1897 before me.
[Signed] J Mair, SM.
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This deponent Joseph Valencia on his oath saith as follows:– I am an Able Seaman on the Orellana. I am an Austrian. Accused is a Seaman on the ship. He is in the same watch the boy Northey is in the same watch also. About the 5th of last month while we were at sea the accused got half into the boy’s bunk underneath mine. He went to the door and looked round. The boy was in the bunk. Accused put his oilskin coat across the door for a screen. He then looked over to my bunk to see if I was awake. I moved and put my head out. He then went and took the coat down. He was feeling
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the boy’s privates. I could see him. I was right above him. The boy was lying on his side, his back was towards the accused. I can’t say whether the boy was asleep. It was about 11 in the day. We went below at 8. We were supposed to be up at 20 minutes past 11. At that time the watch were supposed to be asleep. On the 11th or 12th ultimo I saw the accused close the forecastle door. The boy was there. It was the watch below. Same time afterwards at 20 minutes past 11 I saw him jump off the form or out of the bunk, I can’t swear which. He then went and opened the door. Afterwards the accused made the boy
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shift into another bunk. I heard him tell the boy to shift into the other bunk. I saw him several times put his hand on the boy’s privates while he was in the bunk. The accused and I have not been bad friends. I spoke to the accused once and told him to let the boy alone or he would get into trouble. He didn’t say anything. I made a complaint to the Captain. when I saw the accused playing put his hand under the blanket. I never saw the accused take hold of the boy’s private parts. He was feeling them under the blankets.
To Mr Lowe: That is all I know about it. Three times he went and looked to see if anybody was coming.
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The third time he put the coat up and looked over the bunk to see if I was asleep. I moved. He jumped down and took the coat down. That was on the 5th. I didn’t see him do anything to the boy on that date. On the 11th or 12th I saw him jump either out of the boy’s bunk or of the form. I didn’t see him do anything to the boy. I am good friends with the accused. I remember him knocking me down at Zanzibar. On Sunday last I made a complaint to the Captain. That was the first time. Accused was then in the lock up for another offence. I didn’t complain to the Captain before of it. I was not sure
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that he had done anything bad to the boy.
To the Bench: I am not sure that he had done any bad thing to the boy. I saw him feeling and messing about him.
To Mr Lowe: We were not talking about the accused while he was locked up. I was talking to the boy, it was not the first time. I spoke to the boy three or four times before but up to Sunday last I only had suspicions about what had taken place with the boy.
To the Police: I have no doubt about his feeling the boy’s private parts under the blankets. I saw him.
To Mr Lowe: On either the 5th or 12th I didn’t see anything take place
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I would swear that the accused took hold of the boy’s prick. I couldn’t see through the blankets. Accused seemed to be feeling his the boy’s belly and private parts.
[Signed] Joseph (his X mark) Valencia.
Taken and sworn at Newcastle, this 23rd day of March 1897 before.
[Signed] J Mair, SM.
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This deponent William Young on his oath, saith as follows:– I am an apprentice on the ship Orellana. Accused is also a seaman. I know the boy Northey, he is a stowaway. The ship has been in port since last Thursday week. Once when Northey was asleep on deck at night, I don’t remember the date, Accused was kneeling down on the deck with Northey’s person exposed. I saw the accused pulling Northey’s person with his hand. Northey was asleep, I was passing. I saw him larking with Northey on other occasions. At that time I asked accused him if Northey was asleep.
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He said “Yes.” Accused asked Northey if he was asleep. Northey’s buttons on his trousers were undone. It was between the main and after hatch on the starboard side. No-one was about, they were all asleep.
To Mr Lowe: I remained there till the boy came back. He went to see the time. I remained there after the boy woke up. I was there about a minute before the boy woke up. I was passing and stopped and asked accused if the boy was asleep. The boy never said anything to the accused when he woke. Accused only asked the boy if he was asleep. What I saw I didn’t think anything of. I am seventeen years old. I saw the accused pull
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the boy’s person as if in sport. I didn’t think anything of that. A few days ago the accused gave me a clout that was on the forecastle head. It was last Saturday he gave me the clout. I hadn’t made any complaint what I had seen taking place. I didn’t say anything to anyone till last night the Police came to me. I told the Captain about this after the Police came. It was not till Sunday that I said anything about this to anyone at all.
[Signed] William Young.
Taken and sworn at Newcastle, this [23rd] day of 189[7] before.
J Mair, SM.
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This deponent Richard Puxley on his oath, saith as follows:– I am the Master of the British registered vessel Orellana. I produce the Certificate of Ships British Registry. The accused is a seaman. The boy Northey was a stowaway. I had no conversation with accused. There was no hint about it all. The first time I heard about it was on Sunday last.
[Signed] R Puxley.
Taken and sworn at Newcastle, this 23rd day of March 1897 before me.
[Signed] J Mair, SM.
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(N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales, Newcastle
TO WIT. }
Bernard Olsen stands charged before the undersigned, one of Her Majesty’s Stipendiary Magistrate for the district of Newcastle and a Justice of the Peace in and for the Colony aforesaid, this 23rd day of March in the year of Our Lord one thousand eight hundred and ninety seven for that he, the said Bernard Olsen on or about the 5th day of February 1897 on the high seas, on board the ship Orellana he did indecently assault one John Henry Northey a male person 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 Bernard Olsen and the witnesses for the prosecution Harry Mundy, John Henry Northey, Joseph Valencia, William Young, and Richard Puxley being severally examined in his presence, the said Bernard Olsen 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 [Bernard Olsen] says as follows:– “I am a stranger to what has been said. I am not guilty of what has been said about me.”
Taken before me, at Newcastle, in the said Colony, the day and year first above mentioned.
[Signed] J Mair, SM.
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G. 190.
REGINA.
versus
Bernard Olsen
Offence,— Indecent assault on male person
The accused stands committed to take his trial at the next Court of Gaol Delivery to be holden at Maitland, on the thirtieth day of March 1897. Bail allowed the accused in £40 and two sureties in £20 each, or one in £
[Signed] AG Adrian
JP.
Dated at Newcastle Police
Office,
this twenty third
day of March
AD 1897
4g 416 - 88
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Information – (General Purposes.)
No. 128
New South Wales,
TO WIT. }
46 Vic 17:60
Be it remembered, that one the 22nd day of March in the year of Our Lord one thousand eight hundred and ninety seven at Newcastle in the Colony of New South Wales, John Henry Northey of the British registered ship Orellana appears before me, the undersigned one of Her Majesty’s Justices duly assigned to keep the Peace of Our Lady the Queen in and for the Colony of New South Wales, and on oath informs me, that on or about the 5th day of February in the year of Our Lord one thousand eight hundred and ninety seven on the high seas on board the ship Orellana aforesaid one Bernard Olsen indecently did assault this informant a male person contrary to the Act in such case made and provided; whereupon the said John Henry Northey prays that I, the said Justice, will proceed in the premises according to Law and issue my warrant to arrest the said Bernard Olsen.
[Signed] John Henry Northey.
Sworn at Newcastle in the said Colony, on the day first above written before me.
[Signed] J Mair, SM.
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Exhibit A Regina v. Olsen: Indecent Assault on male person.
C. 11 & 12 Vic., Cap. 43.
Warrant in the First Instance.
To Mr Inspector Lynch, of the Newcastle Police District and a Constable in the Police Force for the Colony of New South Wales, and all other Constables in said Force.
Whereas information hath this day been laid before the undersigned, one of Her Majesty’s Justices of the Peace in and for the said Colony, for that one Bernard Olsen on or about the 5th day of February in the year of Our Lord one thousand eight hundred and ninety seven on the high seas on board the British registered ship Orellana Bernard Olsen did assault John Henry Northey a male person on oath being now made before me, substantiating the matter of the said information: these are therefore to command you, in Her Majesty’s name, forthwith to apprehend the said Bernard Olsen and to bring him before some one of Her Majesty’s Stipendiary Magistrates in and for the said District, to answer to the said information, and to be further dealt with according to law.
Given under my hand and seal this 22nd day of March in the year of Our Lord one thousand eight hundred and ninety seven at Newcastle in the District aforesaid.
[Signed] J Mair, SM.
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(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
New South Wales, Newcastle
TO WIT. }
Be it remembered, that on the 23rd day of March in the year of Our Lord one thousand eight hundred and ninety seven Henry Mundy a Constable of the Police Force, John Henry Northey a ship’s boy of the vessel Orellana now lying at Newcastle in the Colony of New South Wales, Joseph Valencia, a seaman of the vessel Orellana now lying at Newcastle in the said Colony, and William Young an apprentice of the vessel Orellana in the said Colony, 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.
Taken and acknowledged, the day and year first above mentioned, at Newcastle in the said Colony, before me.
[Signed] J Mair, SM.
The condition of the within written Recognizance is such, that whereas Bernard Olsen was this day charged before James Mair, Esquire a Stipendiary Magistrate for the District of Newcastle and one of Her Majesty’s Justices of the Peace for the said Colony, with indecent assault on a male person.
If therefore, they the before mentioned persons shall appear at the next Court of Gaol Delivery to be holden at Maitland in and for the Colony of New South Wales, on the Tuesday the 30th March 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 Bernard Olsen for the offence aforesaid, to the jurors who shall pass upon the trial of the said Bernard Olsen.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] J Mair, JP.
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[On the depositions’ cover sheet is the following]
Circuit Court.
Maitland
30th March 1897
AG’s No. 65
Depositions.
CS’s No. 17
Regina
v.
Bernard Olsen
Indecent assault on a male
See within. [initial illegible]
25 March 97
Committed at: Newcastle
on 23rd March 1897
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Indecent assault
[Initialled] J[ohn] H[enry] W[ant, AG]
2 charges – 5th Feb & 12th Feb on board the British ship Crellana [sic] [on] John Henry Northey
[Initial illegible]
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Justice FM Darley’s notebook 5
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30th March 1897 Maitland Criminal Court.
FE Rogers QC Crown Prosecutor
Mr Scott PM Deputy Sheriff
In Queen v Bernard Olsen – on 5th February on the High Seas on board a British ship called the Orellana indecently did assault John Henry Northey a male person. (Sec. 60, 5 years penal servitude)
Plea not guilty.
Mr TF Low a solicitor defends.
Harry Mundy examined Rogers. I am a Senior Constable in Water Police at Newcastle. I arrested the accused & I charged him at the lock up on Monday the 22nd. I charged him with indecently assaulting one JH Northey a male person upon a British ship on the High Seas. He said I don’t understand. I said well, touching the private parts of that boy
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is what you are charged with. That is an indecent assault upon a male person. He said I did not indecently assault any person that I know of.
John Henry Northey examined Crown Prosecutor. I came out on board the British ship Orellana as a stowaway. I shipped at Penarth in South Wales. I know the accused. He was one of the sailors on board Orellana. I had to assist the men on board. I worked in the same watch as accused. Iveson 6 & Valentia 7 were in the (same ?) watch. I recollect something taking place at the early part of last month on the 5th. I was on the watch below, between 12 & 4 in the night, I woke up & found my shirt & private parts wet. The accused was standing by the side of my bunk & walked away to his own bunk. He was panting. There were 4 berths in a cabin on starboard side.
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I was in a bottom bunk. Accused’s bunk was over Iveson’s Isaacson’s. On the Sunday following I accused him of fucking me. That is what I said. He said I couldn’t prove it as I had no witnesses. Then he said he was only playing with me with his finger & wet with his spittle. I told him I would tell the captain & some of the men. He said if you tell the captain or any of the men forward I will give you a d----d good hiding. I told no one. Somewhere about the 12th I again found my shirt wet. This was in 8 to 12 watch below. I woke up, found my shirt wet & prisoner walked away. He was playing with my privates. On another occasion I had the loan of prisoner’s bed in my bunk & he shifted in across to another man’s bunk. I woke up & found my drawers (busted ? passim). After the 12th I found him standing over me reading a book & playing (with person ?). All the way from
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Zanzibar he was frequently doing this, catching hold of my person. I told no one. I was afraid. I recollect falling asleep on the deck at the end of last month. I was woke up by finding him playing with my person. I said nothing to him. He said he had been playing with me for 5 minutes. An apprentice William Young was there & the accused.
Cross-examined Low. I was in the Telegraph office in England. I left that & went to a trade carpenter. I ran away from that & to sea upon this vessel. There were 3 seamen & myself in our watch. What I told the Court today is the correct account. I gave the same account at Newcastle as I gave today. When I woke up & found my drawers busted, he was reading a book. I don’t recollect saying at Newcastle that he was in his bunk. That is my signature to the Deposition – reads it. I now see that I said he was in
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his bunk. When I found my shirt wet I found the prisoner leaning over Valentia’s bunk. He was [not ?] then doing anything to me. I recollect the occasion that the prisoner got my head between his knees. I accused him an hour or so after of doing what I say he did. I said I believe you fucked me last night. I was not certain that he did this to me. I did not say that when he played with my person was on the 5th February. I am not certain of the date or of any dates. I made no complaint. I did not speak of it till the witness spoke to me about it. This was just before coming to Newcastle where we arrived on 11th March. Valentia spoke to me about it I believe on Saturday week. Accused was (hauled ?) up for drunkenness last Sunday week. At Zanzibar accused & Valentia had a row. Accused knocked Valentia down because he was going to use a knife. I was frightened to talk for I did not know what accused would do to me.
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Accused lent me his bed for I had none at all. I did not know when on deck that he had been playing with me till accused told me. Young told me too. The fly of my trousers was open.
The Depositions of Northey are now read – put in as Exhibit A. [see above]
Joseph Valentia examined Rogers. I am an Austrian, an able bodied seaman on board the Orellana. Know accused & Northey. I saw accused playing with Northey’s privates underneath the blankets. This was between 10 & 11 in daytime. I was in my bunk. I saw this on several days. I saw this on the 5th of last month in the forenoon. The accused could see me in my bunk if he wanted. I pretended to be asleep. I saw the same sort of thing happen several times after the 5th. It was after the 5th that he made the boy shift the bed. I spoke to the boy & when in port I complained to the captain.
Cross-examined. The 1st time I complained was in port.
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I remained quite motionless in my bunk when this was going on, on each occasion. Northey’s bunk was immediately near my bunk. I said in Newcastle that it was (only ?) a case of suspicion. I know it was the 5th. I am certain I told Isaacson and Isaacson told him it was the 5th of the month. There was a row at Zanzibar when the knocked me down.
William Young examined Crown Prosecutor. I am an apprentice on board Orellana. I know Northey. I saw him on one occasion. I saw him asleep on the deck & I saw the accused Olsen down on his knees. He had Northey’s person exposed. He was playing with his person. This was at night some time in the beginning of last month. I saw Olsen skylarking about catching him about the privates. This was between main & after hatch on the starboard side that I saw this, when I came up quite close, & I asked him
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was Northey asleep. He did not seem to mind my seeing it. He gave me a clout the day he came alongside at Newcastle. This was the 2nd mate’s watch, Mr (?). I was on watch. It was Olsen’s watch & the accused [sic]. I never told any person about this.
Cross-examined Mr Low. He stopped when I came up. The boy woke up. This was between the main & mizzen mast about 2 feet from starboard bulwark. I do not recollect the tack we were on. It was some day in the beginning of last month. I told you in Newcastle that it was a lark. I made no complaint till after I got the clout on the head.
Richard Puxley examined Crown Prosecutor. I am the Master of the British ship Orellana – & sailed from Penarth. I first heard anything about this on Sunday the 21st (?) going (back ?) on board.
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Prisoner’s statement in Police Court, Exhibit B, put in.
Case for the Crown closed.
Bernard Olsen examined Low. I am the accused. I am a seaman on board Orellana. I was on board for 7 months & 10 days. I shipped at Penarth. I know Northey & heard what he said. I did not on the 5th or at any other time touch the boy’s privates. I did not put my hand on his privates during the voyage on any occasion. I lent the boy my mattress & when it got cold I had to get my mattress & (?) & told him to sleep in Charlie (Bird’s ?) berth. I did not put my hand upon his privates when there. I put the boy’s head between my legs knees. Isaacson was present when I did this. The boy had been fishing from the jib boom. I told him he could (?) (?) fish. He then gave me some cheek & I did that to him.
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I did not play with the boy’s person while he was asleep on deck. There is no partition between Isaacson’s berth & the boy’s berth. (?) (of ?) the watch would (turn ?) in. The boy did not accuse me of playing with his private parts. I never told him I would give him a d----d good hiding.
Cross-examined Rogers. What has been sworn here is a pack of lies. I was strict with the boy & would not let him speak when the men spoke. The 1st time I knew of this charge was when in gaol for drunkenness.
Harold Isaacson examined Low. I am a seaman on board Orellana. I shipped at Penarth. I am a Norwegian. In my watch Olsen, Valentia & Northey. I can see from my berth into Northey’s berth. I never saw anything take place between prisoner & Northey. Northey never made any complaint to me about Olsen.
40
Valentia never spoke to me about this. I saw Olsen take the boy’s head between his knees. The boy made no accusation against accused then.
Cross-examined Rogers. I have been charged with indecent language & assaulting the police & got 2 months & 28 days.
To me. I got drunk when I came into port.
Herbert Garrett examined Low. I am an Englishman & joined Orellana at Penarth. I never saw the accused interfere with the boy Northey on board vessel. The first time I heard of anything of the sort was last Tuesday, this day week.
Mr Low addresses the Jury.
I sum up.
Jury retire at 2.14
Jury return at 2.44 and find that the prisoner is not guilty.
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The Maitland Daily Mercury, Tue 30 Mar 1897 8
THE MAITLAND CIRCUIT COURT.
The Maitland Circuit Court was opened at the Courthouse, East Maitland, at 10.30 am to-day by the Chief Justice, Sir Frederick Darley. The Crown Prosecutor was Mr FE Rogers, QC. Mr GF Scott, PM., acted as Deputy-Sheriff, and Mr EJ Bayley Macarthur was the Chief Justice’s Associate. The barristers present were– Messrs Wilfred Blacket, R Windeyer, and R Cowan; and the solicitors Messrs RW Thompson, CF Solling, WT Lindsay, JHF Waller, JAH Shaw, TA Hill, AJ Prentice, and TF Low.
John Doolan, farmer, of Branxton, was fined 60s for non-attendance as a juror.
INDECENT ASSAULT.
Bernard Olsen was charged with having on the 5th February, 1897, on the high seas, on board the British ship Orellana , assaulted John Henry Worthy. Prisoner pleaded not guilty, and was defended by Mr TF Lowe , of Newcastle. One juryman was challenged by prisoner.
The Crown Prosecutor briefly stated the case. Prisoner was a sailor on board the vessel, and the person assaulted was a lad seventeen years of age, a stowaway on board the ship Orellana, which sailed from Penarth in South Wales. Both were on the same watch. Prisoner when arrested at Newcastle said he did not understand that putting his hand on a persons was an indecent assault, and that he did not assault any person he knew of.
Evidence of arrest was given by Henry Mundy, of the Newcastle Water Police, John Henry Worthy, upon whom assaults were alleged to have been committed on several occasions; and by Joseph Valencia, a seaman, and William Young, an apprentice, on board the vessel, who witnessed the assault. Richard Puxley, captain of the vessel, was also called for the prosecution.
Prisoner was put into the box, and gave evidence on his own behalf.
Harold Isaacson (at present serving a sentence in Maitland Gaol) and Robert Garrett, seaman on board the vessel mentioned also gave evidence for the defence.
Mr Low [sic] addressed the jury for the defence, and his Honor summed up in favour of prisoner.
The jury retired at 2.15 pm, and after an absence of an hour, returned into Court with a verdict of not guilty.
Prisoner was discharged.
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Evening News, We 31 Mar 1897 9
MAITLAND CIRCUIT COURT.
————
WEST MAITLAND, Tuesday.—The circuit court commenced at East Maitland to-day before Chief Justice Darley. There is a heavy calendar to be gone through. Bernard Olsen was charged with having on the high seas, on board the British ship Orelhana [sic], assaulted John Henry Worthy. The prisoner was found not guilty and discharged. The court is expected to last all this week. The only civil cause will be taken to-morrow.
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Newcastle Morning Herald and Miners’ Advocate, Wed 31 Mar 1897 10
MAITLAND CIRCUIT COURT.
Tuesday, March 30th.
(Before the Chief Justice.)
The Court opened at half-past 10 o’clock.
Mr GF Scott, PM., acted as Deputy Sheriff.
Mr FE Rogers, QC., prosecuted for the Crown.
John Doolan, farmer, of Branxton, was fined £3 for non-attendance as a juror.
ALLEGED INDECENT ASSAULT.
Bernard Olsen was charged with having on 5th February, 1897, on the high seas on board the British registered ship Orellana, committed an indecent assault.
Mr TF Low appeared for the accused, who pleaded not guilty.
The chief witness for the Crown was a youth named John Henry Northy, 17 years of age, who had stowed away on the ship Orellana at Penarth, South Wales. The lad had, according to his testimony, been placed in the watch with the accused and two seamen named Isaacson and Valencia. The assault was alleged to have taken place in the forecastle of the ship after the vessel left Zanzibar.
For the defence the accused stated that there was no truth in the allegations made against him. He had not committed the crime with which he was charged.
Harold Isaacson and Robert Garrett, seamen on the ship Orellana, stated that they had not seen the accused do anything of an unlawful nature, and had heard nothing of it until the prosecution was instituted.
The Chief Justice’s summing up was much in favour of the accused, and the jury, after a retirement of half an hour, returned with a verdict of not guilty.
The accused was discharged.
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The Maitland Weekly Mercury, Sat 3 Apr 1897 11
THE MAITLAND CIRCUIT COURT.
(Before the Chief Justice.)
The Maitland Circuit Court was opened at the Courthouse, East Maitland, on Tuesday morning by the Chief Justice, Sir Frederick Darley. The Crown Prosecutor was Mr FE Rogers, QC. Mr GF Scott, PM., acted as Deputy-Sheriff, and Mr EJ Bayley Macarthur was the Chief Justice’s Associate. The barristers present were– Messrs Wilfred Blacket, R Windeyer, and R Cowan; and the solicitors Messrs RW Thompson, CF Solling, WT Lindsay, JHF Waller, JAH Shaw, TA Hill, AJ Prentice, and TF Low.
John Doolan, farmer of Branxton, was fined £5 for non-attendance as a juror.
INDECENT ASSAULT.
Bernard Olsen, charged with having on the 5th February, 1897, on the high seas, on board the British ship Orallana [sic] assaulted John Henry Northy [sic], was acquitted.
1 Newcastle Morning Herald and Miners’ Advocate, Wed 24 Mar 1897, p. 6.
2 The Sydney Morning Herald, Wed 24 Mar 1897, p. 3.
3 SRNSW: NRS880, [9/6948], Supreme Court, Papers and depositions, Maitland, 1897, No. 65. Emphasis added.
4 Mn: Exhibit A
5 SRNSW: NRS5829, [2/2949], Judiciary, FM Darley, CJ. Notebooks Circuit Courts, 1888-1908, pp. 30-40. Emphasis added.
6 Isaacson in transcript of depositions, and elsewhere in this document.
7 Valencia ibid., and elsewhere in this document.
8 The Maitland Daily Mercury, Tue 30 Mar 1897, p. 6.
9 Evening News, (Sydney, NSW), Wed 31 Mar 1897, p. 5.
10 Newcastle Morning Herald and Miners’ Advocate, Wed 31 Mar 1897, p. 7.
11 The Maitland Weekly Mercury, Sat 3 Apr 1897, p. 5.