Riverina Recorder, Wed 21 Sep 1898 1
ROUND AND ABOUT.
MOULAMEIN.
Friday.
POLICE COURT.
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Tuesday 13 September
(Before Mr JW Chanter, JP.)
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A GRAVE CHARGE.
A man named Frotunne appeared in custody charged with committing an unnatural offence upon one James Ramsay, on the 13th inst. Upon the application of Constable Davies remand was granted for eight days for the production of further evidence.
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Depositions for Guignes Frotunne 10 Oct 1898 Deniliquin trial 2
(a) Town. |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Regina v. (b) Guignes Frotunne |
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(c) Offence. |
(c) Assaulting James Grant Ramsey with intent to commit sodomy (H6 Vic No. 17 Sec 59) |
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(d) Town. |
Police Office, (d) Moulamein |
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21st September 1898 |
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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) Guignes Frotunne |
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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) Circuit Court |
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to be held at (h) Deniliquin |
on Monday |
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(h) Town where Court |
the 10th day of October 1898 |
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The accused is (i) Confined in Deniliquin gaol |
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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) Thomas Sullivan, James Warren Clarke and James Grant Ramsey
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(l) Short description to enable identification. |
The Exhibits |
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I have the honor to be, |
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[Signed] John Macvean JP |
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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 Post and Telegraph.
Colonial and Intercolonial Line.
Telegram from Moulamein Station
Addressed to WR Beaver, Clerk of the Peace
Regina versus Frotunne interpreter not necessary.
[Signed] John Davies, 1st Class Constable.
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NEW SOUTH WALES POLICE.
South Western District,
Moulamein Station.
19th September 1898.
Report relative to antecedents of:–
Name: Guignes Frotunne
Offence: Assault with intent to commit sodomy
Committed for Trial at: Deniliquin Circuit Court
Date: 10th October 1898
Constable Davies reports:– The Guignes Frotunne (a Frenchman) was committed at Moulamein on the 17th instant to stand his trial at Deniliquin on the 10th October next.
Prisoner was engaged at Pyang Woolshed as cook for a month previous to his arrest. Nothing further known of him at Moulamein. He says he has been a cook on a sailing ship and has only been in the country 18 months, and during that time has followed the occupation of cook amongst the stations.
[Signed] John D Davies, Constable 1st Class.
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Police Station, Moulamein
19th September 1898
Re arrest of a Frenchman for a criminal offence
Constable Davies begs to report that Guignes Frotunne a Frenchman has been committed at Moulamein to stand his trial at Deniliquin on the 10th October next for assaulting James Grand Ramsey with intent to commit sodomy.
Nothing is known of prisoner except that he has been employed for the past month at Pyang Woolshed as cook.
He says he was cook on a sailing ship and only came to the Colony 18 months ago – since then he has been travelling about the stations and following the occupation of cook. Description (55) fifty five years of age, five feet six inches high, stout build, dark complexion, black hair and moustache only, brown eyes, about twelve stone weight. He has a scar on left arm near elbow. Speaks fair English.
[Signed] John D Davies, Constable 1st Class.
1
Deposition of Witnesses.
(1 and 12 Vic., c. 42, s. 17.)
New South Wales, Moulamein
TO WIT. }
The examination of Thomas Sullivan, of Moulamein in the Colony of New South Wales, taken on oath this ----- day of September, in the year of Our Lord one thousand eight hundred and ninety eight, at Moulamein, 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 Guignes Frotunne, who is charged this day before me, for that he the said Guignes Frotunne, on the 13th day of September at Moulamein, in the said Colony, did assault James Grand Ramsey with intent wickedly and against the order of nature to commit the abominable crime of buggery on the said James Grand Ramsey.
This deponent on his oath, saith as follows:– Thomas Sullivan
I am a Constable of Police stationed at Moulamein. 3 On the 13th September last at 10 o’clock at night, I was near Tattersalls Hotel [Morago Street] Moulamein and saw the accused now before the Court 4 in the taproom of Tattersalls Hotel. I heard the accused say to a man
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named James Grand Ramsey “Come over to the other hotel, and I shall pay for a bed for you.” And Ramsey replied “I would sooner go over the river as my swag is there.” A few minutes afterwards I saw the accused and Ramsey crossing over to the Royal Hotel arm and in arm, and they went on to the back verandah, and the accused said “Stop here and I shall see about a bed for you.” The accused went into the hotel and came out again, and in accompanying Ramsey went looking for the room and they could not find it. The accused went back into the hotel and Clarke the publican came out and took the accused and Ramsey round to the bedroom at the back of the billiard room. Clarke and the accused returned to the hotel
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Photo: Peter de Waal
leaving Ramsey behind. I went to the bedroom and saw Ramsey lying on the bed with his clothes on. Also there was another single bed in the room. I then went to the front of the hotel, and saw the accused in the bar, he then left the bar about 11 o’clock and went to Ramsey’s room and lit a light struck a light and lit the candle. I then went to the window of the bedroom, and found the blind partly rolled up and saw the accused undressing Ramsey, taking first off his boots and trousers, and in taking off his coat had to sit Ramsey up in bed and laying him down again turned his face against the wall with his legs drawn upwards. He put a pillow on the top of Ramsey’s
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head and then went over to the other bed and threw the bedclothes back and undressed himself. The accused then went to Ramsey’s bed and sat down close to Ramsey’s posterior and put his hand down between himself and Ramsey and was moving his hand about as if he was feeling Ramsey’s posterior. Heard the accused say “Won’t you give me a show?” And Ramsey muttered something I did not catch. The accused then got up again and went to the dressing table and put the light out. Above I then left the window and went to the bedroom door and remained there about an hour. I heard nothing during that time. I heard the bed moving about 12 o’clock I opened the door
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which made no noise in opening. I had previously taken off my boots. On entering I struck a match. 5 And saw the accused in Ramsey’s bed, lying on the top of him. Ramsey lying face downwards on the bed, the accused was lying with his stomach towards Ramsey, and making movements as if he had was having connection with Ramsey and was in exactly that position required for that purpose. I said “What do you mean by this?” The accused replied “What, what, what?”, rather in an excited state and rolled off Ramsey with his stomach towards him. I went to the bed and looked at Ramsey’s posterior and which was very red. 6 Ramsey’s shirt being up at his shoulders, I then arrested the
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the accused and Ramsey were both lying on top of the bed close. I woke Ramsey then turned over in the bed and said “What is all this about?” I then arrested the accused and charged him with committing sodomy on James Grand Ramsey and the accused replied “You are mad. What for did you come into this room? Do you think I am a bloody fool? I shall put a bullet in your heart; this will be your grave.” He then dressed himself.
At the time I charged him he caught Ramsey by the legs and partly dragged Ramsey from the bed saying “This man is in my bed and what are you doing there?” and I then brought the accused to the
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Moulamein lock up. After being placed in the lock up the accused said “I had got up out of my bed to have a piss. I make a mistake and fall in the other man’s bed.” The bottle of oil marked Exhibit A contains sweet oil and I found it on the dressing table close to the head of the beds where the accused was. The accused appeared to be quite sober. Ramsey was worst of liquor.
By the accused: There is a window in the room.
[Signed] Thomas Sullivan.
Sworn at Moulamein this 17th day of September 1898 before me.
[Signed] John Macvean, JP.
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This deponent, James Grand Ramsey on his oath saith as follows:–
I am a labourer and reside at Moulamein. I was drunk on the 13 September last in Moulamein. I don’t remember seeing the accused. I don’t recollect going to the Royal Hotel to sleep. I remember Constable Sullivan waking me up. I think I had my clothes off. I recollect seeing the accused in the room. I was then in a room at the Royal Hotel.
[Signed] James Grand Ramsey.
Sworn at Moulamein this 17th day of September 1898 before me.
[Signed] John Macvean, JP.
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This deponent James Warren Clarke on his oath, saith as follows:–
I am a licensee of Royal Hotel and reside at Moulamein. I remember seeing the accused on the night of the 13th September last at my place and had been there all the evening and had several drinks but not drunk. Early in the evening the accused paid for a bed for himself. Some time later on came in with another man named Ramsey now inside the court. The accused said “Grant a bed for this man and will pay for it. 7 Even if it’s five shillings and showed him the room at the back of the billiard room. This the room in which the bed was he had previously
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paid for early in the evening.” The accused told Ramsey to go to bed and the accused and I returned to the bar and the accused remained about until 11 o’clock. I went to bed at 11 o’clock after shutting up the house. Some time after I was called up by one of the girls. I went out to the room the accused occupied and saw Constable Sullivan standing at the door. The accused was inside dressed, Ramsey was also there dressed. I heard Ramsey say in the accused’s presence “I don’t know what he (referring to the accused) was doing, but he was on top of me.” Early in the evening the accused put his arms around my neck and kissed me.
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By the accused: There is one window in the room you occupied.
By Police: If the blind was partly rolled up a person outside could see what was going on in the room if there was light inside. I have since had the door of the bedroom tested. It makes no noise when opened.
[Signed] JW Clarke.
Sworn at Moulamein this 17th day September 1898 before me.
[Signed] John Macvean, JP.
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(N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales, Moulamein
TO WIT. }
Guignes Frotunne stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 17th day of September in the year of Our Lord one thousand eight hundred and ninety eight for that he, the said Guignes Frotunne on the 13th day of September at Moulamein, in the said Colony, did assault James Grand Ramsey with intent to commit sodomy 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 Guignes Frotunne, and the witnesses for the prosecution Thomas Sullivan, James Warren Clarke and James Grand Ramsey being severally examined in his presence, the said Guignes Frotunne 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 Guignes Frotunne saith as follows:– “I was drunk and know nothing about it before the arrest.”
Taken before me, at Moulamein, in the said Colony, the day and year first above mentioned.
[Signed] John Macvean, JP.
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(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
New South Wales, Moulamein
TO WIT. }
Be it remembered, that on the 17th day of September in the year of Our Lord one thousand eight hundred and ninety eight James Sullivan a Constable of the Police Force, of Moulamein in the Colony of New South Wales, James Warren Clarke hotel keeper of Moulamein in the said Colony, and James Grand Ramsey of Moulamein 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 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 Moulamein in the said Colony, before me.
[Signed] John Macvean, JP.
The condition of within Recognizance is such, that whereas Guignes Frotunne was this day charged before John Macvean Esquire, one of Her Majesty’s Justices of the Peace for the said Colony, with assaulting James Grand Ramsey with intent to commit sodomy at Moulamein on the 13 September 1898.
If therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Deniliquin, in and for the Colony of New South Wales, on 10th day of October 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 Guignes Frotunne for the offence aforesaid, to the jurors who shall pass upon the trial of the said Guignes Frotunne.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] John Macvean, JP.
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[On the depositions’ cover sheet is the following]
Circuit Court.
Deniliquin
10th October 1898
AG’s No. 219
Depositions.
CS’s No. 1
Regina
v.
Guignes Frotunne
Attempted sodomy
Committed at: Moulamein
on: 21st September 1899
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Cor Darley CJ
Plea Not Guilty
Verdict Not guilty
[Signed] George Harris
10.10.98
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Sep 3/98
Moulamein
Attempted buggery
[Initialled] C[harles] G[regory] W[ade, Crown Prosecutor]
22/9/98
Approved J[ohn] H[enry] W[ant, QC] AG
23 Sep 98
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Justice FM Darley’s notebook 8
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[Deniliquin, 10 October1898]
9 The Queen v Guignes Frotunne – Did on 13th September at Moulamein assault James Grant Ramsey with intent wickedly and against the order of nature to commit with the said JGR the abominable crime of buggery.
Plea not guilty.
Mr Lamman 10 for accused.
Crown Prosecutor opens case 3.10 –
Thomas Sullivan examined Crown Prosecutor. I am a police constable stationed at Moulamein. I know the prisoner. I saw him at Tattersalls Hotel on 13th 11 September in the taproom. A number of men there & also one John Grant 12 Ramsey. He said to JGR come over to the other hotel & I will pay for a bed for you. Ramsey said I would sooner go over the river as my things are there. I walked away & a few
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minutes afterwards I saw them going out of hotel walking arm in arm. They went on to the back ground of the Royal Hotel opposite side of street. I followed them very closely & I heard the accused say stay there & I will see about a bed. Ramsey was under influence of drink, not very drunk. Accused 13 quite sober. I was in (?). Prisoner went into the Royal Hotel. He came out again. He went along the verandah calling out (now now now ?) & out back again saying it is not here I want to see Clarke. He went back into hotel again. When he & Clarke came out together – the three went round to the back of the billiard room. Then the accused & Clarke came into bar leaving Ramsey in a bedroom at back of billiard room. I went round to back
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of billiard room, struck a match & looking in saw Ramsey lying on a bed with his clothes on. I saw the whole of the interior of that room. There were two single beds there, a washstand & a toilet table. There was one bed right beneath window which is on east side of room, other bed against west side of room. Door is on the north side of room. Ramsey was on bed underneath window. I then went round to front of hotel. I saw accused in the bar. He came on to street. The prisoner went to room. I followed him & went to window. Blind rolled up 15 or 20 inches. Candle was on toilet table. I saw the prisoner taking off Ramsey’s boots, then his trowsers, & to take off his coat he sat him up in the bed. He then laid him down
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on the bed with his face towards the wall. His legs were drawn up with his knees against the wall. The accused went over to the other bed, threw the bed clothes back & undressed himself. He then came over to Ramsey’s bed & sat down close to Ramsey’s posterior. He put his right (arm ?) between himself & Ramsey & was moving his hand about as if feeling Ramsey’s posterior. He said “Won’t you give us a show.” 14 Ramsey muttered some reply which I couldn’t (ascertain ?). The accused then got up off bed, walked over & blew the candle out. I stooped down underneath window & remained there a few minutes. I then went round to the door of bedroom. When opening door, Ramsey & he on my left. I remained at door almost an hour, about an hour. I removed my boots. I heard
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some noise in the room as if a weight & then I heard a constant movement of the bed. I opened the door quietly, 15 took my matches out of my pocket & struck a match as I went in. When I went into the room I saw accused’s bed was empty & Ramsey lying on his stomach full length on the other bed & the accused lying full length on top of him, both lying in same direction. The accused was making movements as if having connection. I said what do you mean by this. He turned his face toward me & said “What what what” in a very excited state, at the same time sliding off the top of Ramsey. Ramsey was naked with his shirt round his shoulders. Prisoner only had his shirt on. I walked over to Ramsey, put a match down close to his
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posterior – which I found was very red. I lit several matches & the candle. Ramsey turned over & muttered something. I arrested accused & charged him with committing sodomy upon James Ramsey. 16 He said do you think I am mad – what for did you come into this room – I will put a bullet in your heart, this will be your grave. He said this man is in my bed. He got up off bed, caught Ramsey by leg & partly dragged him out of bed. They then dressed themselves & I called the hotel keeper Clarke. He came & I handcuffed the prisoner. I found close to their heads a bottle of (sweet ?) oil. I saw prisoner taking a similar bottle to this out of his pocket at Tattersalls & place it on (?) shelf.
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The cork was quite loose in bottle when I found it. I have pushed it in since. I then took prisoner to the lock up. He then said I got up off my bed to have a piss & I fell on the other man’s bed.
Cross-examined Lamman. I never saw prisoner before that afternoon. He said he was a cook. I was on duty. He was talking very loud & I thought he was using obscene language. I found he was not. I did not know that he & Ramsey were drinking together that afternoon. I did not know whether he had money. Accused was not at all drunk. I did nor hear Ramsey say he had no money & had no bed. I heard Ramsey say that he would go over the river to his swag. The only thing I heard him say was come over to the other hotel & I will pay for a bed. The beds in this room were 10 feet apart. Room would be 15 x 15 feet.
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All I saw at first I saw when the light was burning. Ramsey was taken to the room at 10 o’clock. Ramsey was lying down (drunk ?) very close upon an hour when prisoner came to take his clothes off. When Ramsey lay with his knees up against wall prisoner put his pillow on Ramsey’s head. I was watching these two men for about two hours. I had my suspicions aroused. There were some robberies in the town. I had other suspicions when I saw what took place through the window. He was lying on top of Ramsey with Ramsey’s two legs in between his. I examined Ramsey. I did not examine the accused. I did not think of examining him. There is no doctor in Moulamein. Prisoner pointed out an old scar on his elbow & said he used the oil. I saw no oil on Ramsey. I did not look for oil. He said that he had burned his
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arm & that someone had given this oil to him to 17
Did not this prisoner say you are mad & is not this what you said at Police Court.
Well I say that now. 18
I have been in police force for 4½ years. I have been at Mount Hope (since ?) end of (December ?) – most of the time. The prisoner’s case is the first case of the sort I have had – His I have had a bestiality case since & the accused has been acquitted. I have been at Moulamein since January Court & have had these two cases.
Oil put in Exhibit A.
James Warren Clarke examined Crown Prosecutor. I know prisoner. I have seen him before. I saw him between 2 & 3 o’clock on September 13th. He engaged a room for himself at back of billiard room. Two beds in that room.
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The prisoner was in my hotel on & off all through that day. Between 7 & 8 o’clock, might have been later, this other man in. He said he wanted a room for him, that he would pay 5/- for it. He said there was a spare bed in his room. I went round with them to the room. Ramsay stopped with me & prisoner was in (?) of the room. Prisoner was drinking. He was not sober. 19 I was called up between 12 & 1 o’clock when Sullivan said he was going to arrest him. Prisoner was right enough. He was a bit (?) about 9 o’clock, put his arm round me & kissed me. He was not sober then, he had a few drinks, a good few.
Cross-examined. I did not know accused before that day. I don’t (think ?) he spent (time ?) in my place in
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drink. Ramsay had no money. He had a great many drinks himself. Ramsay said he was camped on the other side of the river & had his swag there. The room is about 10 x 12. The space between two beds is 5 or 6 feet. Prisoner said there was a spare bed in his room & to put him in there. I think Ramsay was more drunk than the prisoner. After Ramsay went to his room he had no more drink to my knowledge.
Re-examined Crown Prosecutor. The accused knew what he was doing at 11 o’clock, he was not too drunk. He paid for his bed, supper out of the £ –
James Grant Ramsay examined Crown Prosecutor. I am a labourer. I recollect the 13th of September last. I was knocking about Moulamein township. I was drinking very heavy from time we knocked off shearing.
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I recollect nothing till police woke me up. I recollect the constable telling me to dress myself. I only saw the prisoner once & that was in the (room ?). I felt no pain in any part of my person.
Cross-examined Lamman. I knew nothing whatever till constable woke me up. Do not recollect going to bed at all.
Statement of prisoner put in. “I was drunk & knew nothing about it before arrest.”
Put in Exhibit B.
Case for Crown closed.
Defence.
Guignes Frotunne examined Lamman. I am a cook, was employed as a cook 4 miles from Moulamein. I saw Ramsay there. I had about £8 in money. I spent £2.0.0 in drink. Ramsay said I have my camp other side of river, too drunk to go there. I said I will pay for your bed here.
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I came in by myself into the township. I had tea & I was with 4 or 5 other men drinking beer. Ramsay went to bed about 9 or 10 o’clock I think. I went to bed at close up time. I saw constable in bar of public house, took no notice of him after dark. When I went to bed I knew what I was doing. I struck a match, lighted a candle, undressed myself & went to bed. I took no notice of Ramsay at all. I did not undress Ramsay. I got up during night & fell on top of Ramsay’s bed. So soon as I did the door opened & a match was struck. I got up in the dark to pump ship 20 & instantly the door opened & he said I arrest you for sodomy. I burnt my arm in the oven & had the oil for that.
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There is not more than 4 feet or 4 feet 6 inches between the two beds. The curtains of the window up & door open so that you could see.
Cross-examined Crown Prosecutor. I knew what I was doing. I said what do you come into this room for. I thought it was someone come to rob me. When he charged me with sodomy I said he was mad. I said you are mad, what you come by room for. I did not say this man is in my bed & try to pull him out. I said at Police Court I knew about it. I fell across Ramsay’s bed with my head towards window.
Mr Lamman addresses the Jury.
Crown Prosecutor replies.
I sum up.
Jury retire at 5.42
Jury returns at 5.45 and find that the prisoner is not guilty.
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Deniliquin Chronicle and Riverine Gazette, Thu 13 Oct 1898 21
DENILIQUIN ASSIZES.
Monday, October 10, 1898.
(Before the Chief Justice, Sir Frederick Darley.)
This Court was opened on Monday last, with only two accused for trial. Mr Harris prosecuted for the Crown, assisted by Mr Whither from the Crown Law Office.
…
ALLEGED INDECENT ASSAULT.
(Jury.– Messrs E Robinson, CF Rowe, P Landale, D McLaren, G Turner, J Lewis, JA McCrae, F Jane, W Blair, JT Simpson, MH Eastman, and CB Opitz).
Gingues Fortunne [sic] was indicted for assaulting a man James Ramsay, with intent to commit a more serious crime at Moulamein, on the 18th September last. The accused pleaded not guilty, and was defended by Mr Laman.
A great amount of evidence was taken, but is entirely unfit for publication.
The jury returned a verdict of not guilty, and the accused was discharged.
The business of the Court then terminated.
1 Riverina Recorder, Wed 21 Sep 1898, p. 2.
2 SRNSW: NRS880, [9/6963], Supreme Court, Papers and depositions, Deniliquin, 1898, No. 219.
3 Mn: Ramsey has been sober
4 Mn: Saw oil bottle earlier at Tattersall’s Hotel
5 Mn: Had several matches in my hand
6 Mn: See any trace of oil being used
7 Mn: Showed easiness to have Ramsey in same room with him
8 SRNSW: NRS5829, [2/2936], Judiciary, FM Darley, CJ. Notebooks Circuit Courts, 1888-1908, pp. 21-34. Emphasis added.
9 Mn: Sec. 60. 5 years penal servitude Constable Sullivan
10 Laman in transcript of depositions.
11 Appears to read 15th.
12 Grand in transcript of depositions.
13 Mn: p. 30
14 Mn: Won’t you give me a show
15 Mn: offence
16 Mn: see p. 29
17 Sentence unfinished.
18 Mn: p. 26
19 Mn: p. 22
20 Naval slang for urinating.
21 Deniliquin Chronicle and Riverine Gazette, Thu 13 Oct 1898, p. 3.