The Daily Telegraph, Thu 18 Nov 1897 1
POLICE COURTS.
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WATER LICENSING COURT.
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A fireman named Joseph Rothwell (33) was committed for trial at the Water Police Court yesterday on a charge of committing an indecent assault. Bail was refused.
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The Sydney Morning Herald, Thu 18 Nov 1897 2
POLICE COURTS.
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A Serious Charge.– Joseph Rothwell (33) was yesterday, at the Water Police Court, committed for trial at the next Court of Quarter Sessions [sic] at Darlinghurst for an offence against the laws relating to decency. Bail was refused.
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Depositions for Joseph Rothwell 26 Nov 1897 Sydney trial 3
(a) Town. |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Regina v. (b) Joseph Rothwell |
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(c) Offence. |
(c) Indecently assaulting a male person |
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(d) Town. |
Water Police Office, (d) Sydney |
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18th November1897 |
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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) Joseph Rothwell |
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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) Sydney |
on Monday |
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(h) Town where Court |
the 22nd November 1897 |
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The accused is (i) Confined in the Gaol at Sydney |
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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) Francis Quirk, Constable of Police, stationed at Sydney
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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] W[illiam] M[acpherson] MacFarlane |
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Clerk of Petty Sessions and Chamber Magistrate |
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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.
Metropolitan District,
No. 4 Police Station
19/11/1897.
Report relative to antecedents of:–
Name: Joseph Rothwell
Offence: Indecent assault on a male person
Committed for trial at: Central Criminal Court
Date: 22nd November /97
Constable Francis P Quirk reports:– For the information of the Superintendent that the only conviction against the above name offender is as follows:–
Water Police Court 8th March 1897, Drunk and disorderly. 10/- or 3 days imprisonment. The Constable knows nothing of his antecedents with the exception of the above conviction.
[Signed] Francis P[atrick] Quirk, Constable.
1
(M., 11 and 12 Vict., Cap. 42.)
Depositions of Witnesses.
New South Wales, Sydney
TO WIT. }
The examination of Francis Quirk, a Constable of the Police Force in the Colony of New South Wales, stationed at Sydney taken on oath this 17th day of November in the year of Our Lord one thousand eight hundred and ninety seven at the Water Police Court 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 Joseph Rothwell who is charged this day before me for that he the said Joseph Rothwell on the 16th day of November 1897 at Sydney in the said Colony, did indecently assault a male person.
2
Joseph Rothwell, 33
16:11:97.
Indecently assaulting a male person.
Sydney
17:11:97.
3
This deponent Francis Quirk on his oath saith as follows:– I am a Constable of the Police Force stationed at Sydney.
At 12 pm last night I was on duty in the Observatory Park Sydney. I saw two men lying down there. The accused was one of these men. The accused was lying down and had his head in the direction from from which I came. The other man was kneeling between the accused’s legs. This man who was kneeling had the accused’s penis in his mouth. It was a clear night and I could see the accused and the other man distinctly. I was within ten yards of the accused when I first saw them. And I walked up to within half a yard of them before they saw me. I caught the accused by the shoulder
4
and he turned himself over quickly and withdrawing his penis endeavouring to re-arrange his clothing. I then arrested the accused. Accused remarked on the way to the Police Station voluntarily “Charge me with being drunk, please, as I have had a few drinks.” Accused also said “If I had a blade I would cut my [incomplete sentence]. I would kill that man if I could get him.” At the Police Station the accused heard me relate all the facts as I have stated them to the Sergeant and accused did not deny them at the Station. The accused also remarked to me on the way to the Station “I could not get a woman and I did not know how to get rid of the feeling.” Accused was perfectly sober sensible at the time and the accused was perfectly sober.
5
Accused may have had a couple of glasses of drink but he was perfectly sober and he knew perfectly well what he was doing.
Accused was charged at the Police Station with indecently assaulting a male person.
I did not charge the accused with the offence at the Police Station, but not in the exact words of the charge on the sheet.
Accused made no reply to the charge.
The other man with accused escaped from me whilst I was arresting the accused.
I called on this man to stand, but he ran away from me
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and made his escape from me.
No questions by the accused.
[Signed] Francis P Quirk.
Taken and sworn at Water Police Office, Sydney, this 17th day of November 1897 before me.
[Signed] F[rederick] W[illiam] Edwards, SM.
7
(N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales, Sydney
TO WIT. }
Joseph Rothwell stands charge before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 17th day of November in the year of Our Lord one thousand eight hundred and ninety seven for that he, the said Joseph Rothwell on the 16th day of November 1897 at Sydney, in the said Colony, did indecently assault 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 Joseph Rothwell, and the witnesses for the prosecution Francis Quirk being severally examined in his presence, the said Joseph Rothwell 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 Joseph Rothwell saith as follows:– “I have nothing to say.”
Taken before me, at Sydney, in the said Colony, the day and year first above mentioned.
[Signed] FW Edwards, SM.
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G. 190.
REGINA.
versus
Joseph Rothwell
Offence,— Indecently assaulting a male person
The accused stands committed to take his trial at the next Court of Gaol Delivery to be holden at Darlinghurst, on the 22nd day of November 1897. Bail allowed the accused in £ and two sureties in £ each, or one in £ refused.
[Signed] FW Edwards, SM
JP.
Dated at the Water Police
Office, Sydney
this seventeenth
day of November
AD 1897
4g 416 - 88
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(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
New South Wales, Sydney
TO WIT. }
Be it remembered, that on the 17th day of November in the year of Our Lord one thousand eight hundred and ninety seven Francis Patrick Quirk a Constable personally came before the undersigned, one of Her Majesty’s Justices of the Peace for the Colony of New South Wales, and acknowledged himself to owe Our Sovereign Lady the Queen the sum of
FORTY POUNDS,
of good and lawful money of Great Britain, to be made and levied on his Goods and Chattels, Lands and Tenements, to the use of our said Lady the Queen, her Heirs and Successors, if he the said before mentioned person shall fail in the condition indorsed.
[Signed] Francis Patrick Quirk.
Taken and acknowledged, the day and year first above mentioned, st Sydney in the said Colony, before me.
[Signed] C[harles] Jennings, JP.
The condition of the within written Recognizance is such, that whereas John Joseph Rothwell was this day charged before FW Edwards, a Stipendiary Magistrate Esquire one of Her Majesty’s Justices of the Peace for the said Colony, with indecently assaulting a male person.
If therefore, he the before mentioned person shall appear at the Court of Gaol Delivery to be holden at Darlinghurst in and for the Colony of New South Wales, on the 22nd day of November next, at nine of the clock in the forenoon, and then and there give such evidence as he knows, upon an information to be then and there preferred against the said Joseph Rothwell for the offence aforesaid, to the jurors who shall pass upon the trial the said Joseph Rothwell.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] C Jennings, JP.
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[On the depositions’ cover sheet is the following]
Central Criminal Court,
Sydney.
22 November 1897
AG’s No. 222
Depositions.
CS’s No. 14
Regina
v.
Joseph Rothwell
Indecent assault on male
See within AG
22 Nov 97
The Clerk of the Peace
Committed at: Water Police Office
on: 17 November 1897
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Nov 16/97 At Sydney Indecent assault upon a male person
[Initialled] C[harles] G[regory] W[ade, Crown Prosecutor]
20/11/97
Approved
[Initialled] J[ohn] H[enry] W[ant, AG]
22 Nov 97
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Cor Stephen J & jury of 12
Stephen takes the point that if accused took no active part he was not guilty of the offence.
I argued that from evidence & from submissions he must have assisted in offence.
Stephen directs accordingly.
Jury retired 12.30 pm
return 3.05 pm
Verdict not guilty
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Justice MH Stephen’s notebook 4
106
[Sydney, Friday, 26 November 1897]
Joseph Rothwell – Indecently assaulting a male.
Plea – not guilty.
Francis Quirk. Constable. On duty about 12 o’clock at night at the Observatory Park on the 16 November. I saw 2 men in the park at about the distance of 6 to 8 yards from me. I walked to within 1 yard of them – one of the men was the accused. He was lying on his back with his head in the direction from where I came. The 2nd man was kneeling between accused’s legs & he had accused’s poenis 5 in his mouth. I caught accused by the shoulder but he turned away from me
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& drawing in his poenis endeavoured to re-arrange his clothing. The 2nd man ran away. I called on him to stand but he made his escape. I then arrested the accused. He was sober. He said charge me with being drunk. He also said if I had a blade I would cut my throat – also I would kill the other man if I could get him – I could not get a woman & I had that funny feeling. I then took him to the station & narrated the facts to the sergeant in accused’s presence. He made no reply. I charged him with indecently assaulting a male person. He made no reply. I could see distinctly.
Cross-examined.
W[illiam] H[enry] Carson. Senior Constable. I had a conversation with the accused on the 17th – in the Police Court. I said to accused – can you describe the man who was with you. He said it was a young
108
fellow with a straw hat – I would know him again. I said where did you meet him. He said up in the park – I was laying down. I had a drop to drink in me. This fellow came along & (?) my thigh – & he did the rest.
Verdict not guilty.
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The Daily Telegraph, Sat 27 Nov 1897 6
CENTRAL CRIMINAL COURT.
(Before Mr Justice [MH] Stephen.)
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ALLEGED INDECENT ASSAULT.
Joseph Rothwell pleaded not guilty to a charge of having indecently assaulted a male person, name unknown, on the 16th inst. The offence was stated to have been committed in Observatory Park at about midnight on the date named. The accused pleaded absolute ignorance of what was said to have transpired, stating that some four days before he had been paid off from his ship, where he was employed as a fireman, then. The accused was found not guilty, and discharged.
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The Sydney Morning Herald, Sat 27 Nov 1897 7
CENTRAL CRIMINAL COURT.
(Before Mr Justice Stephen and juries of 12.)
Mr Pollock was the Crown prosecutor.
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NOT GUILTY.
Joseph Rothwell, a seaman, pleaded not guilty to having assaulted a man whose name was unknown. The jury found the accused not guilty, and he was discharged.
1 The Daily Telegraph, Thu 18 Nov 1897, p. 3.
2 The Sydney Morning Herald, Thu 18 Nov 1897, p. 3.
3 SRNSW: NRS880, [9/6940], Supreme Court, Papers and depositions, Sydney, Nov 1897, No. 222. Emphasis added.
4 SRNSW: NRS7704, [2/7136], Judiciary, MH Stephen, J. Notebooks Criminal, 1886-1904, pp. 106-8. Emphasis added.
5 In a quaint anachronism, the judge spells this word poenis instead of penis.
6 The Daily Telegraph, Sat 27 Nov 1897, p. 15.
7 The Sydney Morning Herald, Sat 27 Nov 1897, p. 7.