The Tamworth News and Liverpool Plains and Gwydir Districts’ Advertiser, Mon 19 Sep 1904 1
LOCAL TOPICS.
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POLICE COURT
At the Police Court to-day, a young man named Beale was committed for trial on a charge of an offence against a child. A man named Ward was proceeding against for neglecting to support his illegitimate child.
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The Tamworth Observer and Northern Advertiser, Wed 21 Sep 1904 2
LOCAL NEWS.
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The death took place on Monday of Mr John Mulvogue, [victim’s grant-father, see birth certificate below] an old resident of West Tamworth. Deceased was 70 years of age.
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The serious charges preferred against the youth Frederick Charles Beale were heard at the police court on Monday, with closed doors. The evidence given was not of a nature to warrant publication. The court sat all day, and the result was that Beale was committed to take his trial at the Circuit Court to be held on October 11.
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Depositions for Frederick Charles Beale 11 Oct 1904 Tamworth trial 3
(a) Town. |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Rex v. (b) Frederick Charles Beale |
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(c) Offence. |
(c) Buggery |
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(d) Town. |
Police Office, (d) Tamworth |
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20th September 1904 |
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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) Frederick Charles Beale |
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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) Tamworth |
on Tuesday |
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(h) Town where Court |
the 11th day of October 1904 |
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The accused is (i) confined in the Gaol at Tamworth |
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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) Alexander Caldwell, Senior Constable of Police of Tamworth; Henry Lewis Harris, Medical practitioner of Tamworth; Richard Joseph Muir, Labourer of Tamworth; Catherine Mulvogue, Domestic Duties of Tamworth. Catherine Mulvogue, the mother of Charles Henry Mulvogue and John Joseph Mulvogue was bound over in the sum of £40 for the appearance of said Charles Henry Mulvogue and the said John Joseph Mulvogue.
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(l) Short description to enable identification. |
The Exhibits enclosed are (l) Warrants and depositions taken in Sydney – Exhibit A. Certified copy of the birth of Charles Henry Mulvogue. – Exhibit B. |
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I have the honor to be, |
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[Signed] A[rthur] R[eginald] Perry |
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Clerk of Petty Sessions |
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The Under Secretary, |
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Department of the Attorney General and of Justice. |
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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 Western District,
Tamworth Station.
19th September 1904.
Report relative to antecedents of:–
Name: Frederick Charles Beale
Offence: Rape, and sodomy.
Committed for Trial at: Tamworth Circuit Court.
Date: 11th October, 1904.
Sergeant Gamble reports:– That the above named accused was sentenced at Gunnedah Bench, on 18 February 1904, to one months hard labour Gunnedah Gaol, for vagrancy. Nothing further is known against him by Tamworth Police.
He states that he was born at Newcastle in 1886, and was sent on board the Sobraon in 1896, where he remained until 1901.
Description:– 18 years of age, 5 feet 3 inches high, rather stout built, fresh complexion, brown hair, blue eyes, a labourer.
[Signed] R Gamble, Sergeant.
1
Police Station Tamworth.
Superintendent’s Office 20 September 1904
Having been informed that accused Frederick Charles Beale wished to see me at the gaol I went there and saw the accused at 2.45 pm o’clock in the presence of TG Adamson esquire Gaoler and Warder L Graham.
I said to accused “I understand you wish to see me and desire to make some statement in connection with the charges of rape and sodomy on which you were yesterday committed to take your trial. You are not obliged to say anything unless you desire to do so but whatever you do say will be taken down in writing and may be given in evidence against you at your trial and you are hereby informed and given clearly to understand that you have nothing to hope from any promise of favour and nothing to fear from any threat which may have been holden out to you to induce you to make any admission or confession of your guilt but whatever you now say may be given in evidence against you upon your trial notwithstanding such promise or threat.” Accused then said “You might know when the boy Charlie said got hold of his hand and tried to swing him around that was false in the case, you see, and when he said I stuffed a handkerchief in his mouth it is a thing I never had. He said twice that I stuffed a handkerchief in his mouth and the night that this happened
2
the boy was in bed and I was in bed with him and he asked me to do it, there was only the one time it was done.
“I suppose I can plead guilty if I like. I’ll plead guilty against the case with the boy.
“This is all I want to say. I make this as a (voluntary ?) statement, nobody has put me up to it and I am willing to sign this.”
[Signed] FC Beale.
After having been read over twice to the accused this statement was signed by him in our presence this 20th day of September 1904.
[Signed] TG Adamson, L Graham.
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Depositions of Witnesses.
New South Wales, Tamworth
TO WIT. }
The examination of Alexander Caldwell, of Tamworth in the State of New South Wales, Senior Constable of Police, Henry Lewis Harris, Medical Practitioner, of Tamworth, Richard Joseph Muir, labourer of Tamworth, Catherine Mulvogue, domestic duties, of Tamworth in the said State, taken on oath this 19th day of September in the year of Our Lord one thousand nine hundred and four at the Tamworth Police Office, in the said State, before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of Frederick Charles Beale who is charged this day before me for that he the said Frederick Charles Beale on or about the month of June in the year of Our Lord one thousand nine hundred and four at Tamworth in the said State, did assault Charles Mulvogue, and then wickedly and against the order of nature, carnally knew the said Charles Mulvogue and did commit with the said Charles Mulvogue the abominable crime of buggery.
[Signed] Edward Jones, PM.
1
This deponent, Joseph Dorris, being duly sworn on his oath saith as follows:– I am a Constable of Police stationed at Tamworth. I am also lock up keeper.
At three o’clock this morning I received the accused Frederick Charles Beale together with the original warrant, 4 Remand Warrant, and depositions taken at Newtown Sydney on the 7th instant from the hands of Constable Toohey No. 1 Division. I now pray for a remand for eight days for the production of evidence.
[Signed] Joseph Dorris.
Taken and sworn at Tamworth, this 8th day of September 1904 before me.
[Signed] Edward Jones, PM.
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Superintendent Sutherland.
This deponent, Alexander Caldwell, being duly sworn on his oath saith as follows:– I am a Senior Constable of Police stationed at Tamworth. I remember the 8th instant. I saw the accused on that date at the Tamworth lock up. Grace Kathleen Mulvogue, Charles Mulvogue, Catherine Mulvogue, Superintendent Sutherland and Constable Dorris were present. The accused was brought into the charge room by Constable Dorris along with another man, a man similar to the accused but a little taller. In the charge room the accused looked towards the children and then looked stepped behind the other man, putting himself out of the view of the children. I said to him “Step forward.” He did so. Superintendent Sutherland said to Charles Mulvogue “Do you know either of those men?” He said “Yes.” Mr Sutherland said “Which one?” He said that “Fred Beale,” pointing to the accused. Mr Sutherland said “Has he ever done anything to you?” He said “Yes.” Mr Sutherland said “Tell us what he did to you.” He said “He took down my trousers and done it to me in the old house and in the gully.” Accused replied “That’s false.” On the 9th instant I went to Thibault’s Gully with Charles and Grace Kathleen Mulvogue and Superintendent Sutherland. Charles Mulvogue pointed out a spot to me in the gully. That spot was close to the spot that Grace Kathleen Mulvogue pointed out to me in another case. It was at the bottom of the gully, and a person in this spot could not be seen from the houses or streets surrounding it. Charles Mulvogue pointed out the house to me, and it is a different house than the one referred to by Grace Kathleen Mulvogue in another case. This house is situated at the corner of Gipps & Denne Streets, and was in a dilapidated condition and was empty. On the 9th instant it was pulled down and the material stacked on the ground. I saw the accused on the 15th instant at Tamworth lock up in the presence Constable Dorris, and two civilians
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named James Smith and John Charles Castles. I said to him “I am going to ask you some questions, you need not answer them unless you like, but anything you do say will be given in evidence against you.” I said “When did you come to Tamworth?” He said “About 13 weeks ago.” I said “Where did you come from?” He said “From Gunnedah.” I said “Did anyone come with you?” He said “Yes, Mrs Anderson, her son and daughter and Joe Muir.” I said “Have you any objection to giving me a statement in writing as to what you have been doing since you came to Tamworth?” He said “I have no objections.” I then wrote the statement marked Exhibit A [see below] as having been produced in the last case. I read it over as I went along sentence by sentence, and when I had finished I read it all over again. I said “You can read it yourself if you like.” I also said “Is it right?” He said “It is.” I said “If it is right have you any objections to signing it?” He said “No, I have no objections”, and signed it. This is his signature to Exhibit A [see below]. I produce an extract from the Birth Register and it is signed by A Perry, District Registrar at Tamworth [see below]. 5 It refers to Charles Henry Mulvogue born on the 10th June 1894.
No questions by the accused.
[Signed] A Caldwell.
Taken and sworn at Tamworth, this 19th day of September 1904 before me.
[Signed] Edward Jones, PM.
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This deponent, Charles Henry Mulvogue saith as follows:– I do not know the nature of an oath, but I promise to speak nothing but the truth.
I live with my mother in West Tamworth.
I know the accused before the court, his name is Frederick Charles Beale. I first knew him when he came to my mother’s place. He came about the 1st July June, I cannot fix the date. When he came to our place he used to cut wood and garden. I used to go out with him when he was going for wood. I know Thibault’s Gully. I went with him to Thibault’s Gully. We had a little billy cart and an axe. I used to carry the axe. He caught me by the hands, swung me round, off my feet, put his handkerchief into my mouth, took my trousers down and put his thing into me. He put it into my behind. I could not say anything, as he had his handkerchief in my mouth. When he put his thing into me it hurt me. He had his thing in me a good while. After that he got off me and gave me a pipe. I smoked it. He said “I will kill you if you tell anybody in the house.” He let me get, [sic] and fix up my trousers and he then made me drink some dirty water. After we got out of the gully, we put the axe in the cart and went home. I did not tell anybody at home as I was frightened. The next day I went with him to Shepherd’s old house. I pointed out where the house was to Senior Constable Caldwell. It was pulled down then. When I went there with Beale it was not pulled down. I was stooping down and he pulled my back over and caught me by the back of the neck. He pulled me down, and I was sideways, and he did it to me again while I was on my side. I did not tell anybody, and I did not make any noise. As he put a handkerchief in my mouth. He then let me up, and he told me to carry a piece of tin home and I would not carry it, and I went home. He stopped in the old house, and came home after I came home. I did
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I did not tell anyone. After that I went to my aunty’s. It was about two days after. My aunty lives at Cross Creek. I felt something the matter with my behind. I was at my aunty’s nearly 5 weeks. I then came home again. I told my brother Jack that Fred Beale knocked me over and put his thing into me. My mother asked me and I told her too. Fred Beale was not there at the time. When I told my mother she bathed me and syringed me. After that I went to Mr Burton’s at Carroll. It was on a Saturday but I do not know what date. I went in the coach. My brother Jack was with me. I stayed at Mr Burton’s a day, and came back home because I was getting worse. I came back on the Monday. I know Dr Harris. I saw him a while after. I do not [know] how long. Dr Harris sent me to the hospital. I would not stay and went home again.
Accused declined to ask this witness any questions.
[Signed] Charlie Mulvogue.
Taken and sworn at Tamworth, this 19th day of September 1904 before me.
[Signed] Edward Jones, PM.
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This deponent John Joseph Mulvogue, saith:– I do not know the nature of an oath, but I promise to tell nothing but the truth. I live at West Tamworth. I have come from Carroll. I was living with Mr Burton. I have been out at Mr Burton’s five weeks. I went out in the coach with my brother Charlie. My brother Charlie said to me one day “Do you know that Fred has done anything to me in my sleep?” We then went home and I said something to my mother, and he told my mother all about it. He said “Fred tied my hands, and did something dirty to him me in his my behind. He said “He put his dick into my behind.” That was before I went to Carroll. My brother went to Carroll but came back in the next coach. He went out on the Saturday and came back on the Monday. From what I knew I told Mr Burton and he caused the Police to be informed. My brother looked bad when he was going out in the coach.
Accused declines to ask this witness any questions.
[Signed] Jack Mulvogue.
Taken and sworn at Tamworth, this 19th day of September 1904 before me.
[Signed] Edward Jones, PM.
7
This deponent, Henry Lewis Harris, being duly sworn on his oath saith as follows:– I am a legally qualified Medical Practitioner residing and practising at Tamworth. I am also Government Medical Officer, at Tamworth.
I have seen the last witness Charles Henry Mulvogue. He was brought to me on the 15th August last. I examined him. I found and ulceration around and in the vicinity of the anus, and around about his penis there were a few ulcerations. I re-examined him on the 14th instant, and found again on the 19th instant. When I examined him on the 14th instant I found him in a similar condition to when I examined him on the 15th August. On the 19th instant he had somewhat improved under treatment, he having refused treatment in the first instance. I have professionally examined the accused at the gaol, the last time was on last Thursday or Friday. I found indications of fairly recent venereal disease. The ulcerations on the witness Mulvogue appeared to be similar in character, and likely to be produced by a venereal condition. A person having committed and unnatural offence on that child was likely to cause those ulcerations, that person at the time suffering from a venereal disease.
Accused declines to ask this witness any questions.
[Signed] HL Harris.
Taken and sworn at Tamworth, this 19th day of September 1904 before me.
[Signed] Edward Jones, PM.
8
This deponent Richard Joseph Muir, being duly sworn on his oath saith as follows:– I am a labourer residing at present at Mrs Mulvogue’s at Tamworth. I know the accused Frederick Charles Beale. I first knew him in Boggabri about last February, and he was under arrest. I next saw him in Gunnedah. He had just come out of the Gunnedah Gaol, and was camped at there. He accompanied me from Gunnedah to Tamworth. We got to Tamworth on the last day before the breaking up of the military encampment. I know a place called Frogmore Park, about 6 miles the other this side of Gunnedah, and the accused and I were there about 3 or 4 days. That was nearly a month before we arrived at Tamworth. While there I saw the accused private [sic]. It had sores on the foreskin and one on the point of the penis. Later
Accused declines to ask this witness any questions.
[Signed] RJ Muir.
Taken and sworn at Tamworth this 19th day of September 1904 before me.
[Signed] Edward Jones, PM.
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This deponent Catherine Mulvogue, on her oath saith as follows:– I am a widow and reside in Gipps Street, West Tamworth. I am the mother of Charles Mulvogue who was ten last June. I registered his birth myself in 1894.
Exhibit B, victim's - Charles Henry Mulvogue - birth certificate
Certified copy of the birth of Charles Henry Mulvogue. Photo: Peter de Waal
I know the accused Frederick Charles Beale. He was staying at my place from about the 1st to the end of June. He used to go out wood chopping and gardening. As far as I remember my son went with Beale once out wood chopping. I do not know where they went. My son Charles went out to Meningha about the latter end of June. I think he stayed out there about a month. When he came back he did not say anything to me. He had been home about a week or a fortnight when he complained about being ill. He said he was itching in his behind. Later on I asked him if Beale had been meddling with him. He said “Yes, he tried to.” He then told me that Beale tied his hands in the gully, took off his trousers, and knocked him down on the ground, and put his dick into his behind. He then said that he gave him a pipe to smoke. I asked him where else he did it, and he said in an old house where a lot of travellers used to camp in Denne Street. I gave Charles a dose of salts. My two sons Jack and Charlie went to Carroll on the 13th August, and I next saw Charlie on the Monday following by the return coach. Up to this time I had not made any communication to the Police about Charles. The Police came to my place on the Monday night. I know that Charles was examined by Dr Harris. I was present at the time.
The accused declines to ask this witness any questions.
[Signed] Catherine Mulvogue.
Taken and sworn at Tamworth, this 19th day of September 1904 before me.
[Signed] Edward Jones, PM.
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(F. 2– “Justices Act, 1902.”)
Statement of the Accused.
State of New South Wales, Tamworth
TO WIT. }
Frederick Charles Beale (hereinafter called the defendant) stands charged before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, this 19th day of September in the year of Our Lord one thousand nine hundred and four for that he, the said defendant, on or about June 1904, at Tamworth in the said State, did assault Charles Mulvogue, and then wickedly and against the order of nature carnally knew the said Charles Mulvogue and did commit with the Charles Mulvogue the abominable crime of buggery and the said charge being read to the said defendant, and the witnesses for the prosecution, Alexander Caldwell, Senior Constable of Police, of Tamworth, Charles Henry Mulvogue of Tamworth, John Joseph Mulvogue of Tamworth, Henry Lewis Harris, Medical Practitioner of Tamworth, Richard Joseph Muir, labourer of Tamworth and Catherine Mulvogue, domestic duties of Tamworth. Being severally examined in his presence, and (the depositions of the said witnesses having been read to him) the said defendant is now addressed by me the said Justice 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 against you in evidence at your trial; and you are also informed, and are to clearly understand, that you have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to you to induce you to make any admission or confession of your guilt, but whatever you now say may be given in evidence against you upon your trial notwithstanding such promise or threat.) Whereupon the said defendant saith as follows:– “I reserve my defence.”
Taken before me and read over to the said defendant at Tamworth in the said State, the day and year first above mentioned.
[Signed] Edward Jones, PM.
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G. 190.
New South Wales, Tamworth
TO WIT. }
REX.
versus
Frederick Charles Beale.
Offence,— Buggery.
The accused stands committed to take his trial at the next Court of Circuit Court to be holden at Tamworth, in the State of New South Wales, on the eleventh day of October 1904. Bail allowed the accused in £ and two sureties in £ each, or one in £
[Signed] Edward Jones, PM
JP.
Dated at the Police
Office, Tamworth
in the said State,
this Nineteenth
day of September
AD 1904
4g 416 - 88
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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 19th day of September in the year of Our Lord one thousand nine hundred and four Alexander Caldwell a Senior Constable of the Police Force, of Tamworth, Henry Lewis Harris of Tamworth, Medical Practitioner in the State of New South Wales, Richard Joseph Muir, of Tamworth in the said State, labourer and Catherine Mulvogue of Tamworth in the said State, domestic duties personally came before the undersigned, one of His Majesty’s Justices of the Peace for the State of New South Wales, and acknowledged themselves of owe Our Sovereign Lord the King the sum of
FORTY POUNDS EACH,
of good and lawful money of Great Britain, to be made and levied on their goods and chattels, and lands and tenements, respectively, to the use of our said Lord the King, his 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 State, before me.
[Signed] Edward Jones, PM.
The condition of the within written Recognizance is such, that whereas Frederick Charles Beale was this day charged before Edward Jones esquire, Police Magistrate, esquire one of His Majesty’s Justices of the Peace for the said State, with assaulting Charles Mulvogue and then wickedly and against the order of nature carnally knowing the said Charles Mulvogue, and committing with the said Charles Mulvogue the abominable crime of buggery, at Tamworth in June 1904.
If therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Tamworth in and for the State of New South Wales, on the 11th 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 Frederick Charles Beale for the offence aforesaid, to the jurors who shall pass upon the trial of the said Frederick Charles Beale.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] Edward Jones, PM.
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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 19th day of September in the year of Our Lord one thousand nine hundred and four Catherine Mulvogue of Tamworth in the said State, domestic duties, personally came the undersigned, one of His Majesty’s Justices of the Peace for the said State of New South Wales, and acknowledged herself to owe Our Sovereign Lord the King the sum of
FORTY POUNDS EACH,
of good and lawful money of Great Britain, to be made and levied on her goods and chattels, lands and tenements, to the use of our said Lord the King, his Heirs and Successors, if Charles Henry Mulvogue, and John Joseph Mulvogue shall fail in the condition Indorsed.
Taken and acknowledged, the day and year first above mentioned, at Tamworth, in the said State, before me.
[Signed] Edward Jones, PM.
The condition of the within written Recognizance is such, that whereas Frederick Charles Beale was this day charged before Edward Jones esquire, Police Magistrate, one of His Majesty’s Justices of the Peace for the said State, with assaulting Charles Mulvogue, and then wickedly and against the order of nature, carnally knowing the said Charles Mulvogue, and commit with the said Charles Mulvogue, the abominable crime of buggery at Tamworth in the month of June 1904.
If therefore Charles Henry Mulvogue and John Joseph Mulvogue shall appear at the next Circuit Court to be holden at Tamworth in and for the State of New South Wales, on the 11th 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 Frederick Charles Beale for the offence aforesaid, to the jurors who shall pass upon the trial of the said Frederick Charles Beale.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] Edward Jones, PM.
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Exhibit “A” Tamworth Police Court 19.9.04
27 of 1902
Warrant to Convey the Accused before a Justice of the District in which the Offence was Committed.
To the Superintendent of Police for the Metropolitan Police District and a Constable in the Police Force for the State of New South Wales, and to all other Constables in said Force, and to all Governors and Keepers of Gaols and Keepers of Lock Ups in the said State.
Whereas Frederick Charles Beale (age 18) (hereinafter called the accused) of Newtown in the said State, hath this day been charged before the undersigned, one of His Majesty’s Stipendiary Magistrates for the said District in the said State, for that at Tamworth in the State aforesaid, on or about the month of June 1904, he did assault Charles Mulvogue and then wickedly and against the order of nature carnally knew the said Charles Mulvogue and did commit with the said Charles Mulvogue the abominable crime of buggery.
And whereas I have taken the deposition of Samuel Matthews, a Senior Sergeant of Police at Newtown a witness examined by me in this behalf; but inasmuch as I am informed that the principal witnesses to prove the said offence against the said accused reside at Tamworth in the said State, where the said offence is alleged to have been committed: These are therefore to command you, the said Superintendent and Constable, in His Majesty’s name, forthwith to take and convey the said accused to Tamworth aforesaid, and there carry him before some Justice or Justices of the Peace in and near unto the place where the offence is alleged to have been committed, to answer further to the said charge before him or them, and to be further dealt with according to law; and I do hereby further command you, the said Superintendent and a Constable, to deliver to the said Justice or Justices the warrant in this behalf, and also the said deposition of Samuel Matthews aforesaid now given into your possession for that purpose, together with this precept.
Given un my hand and seal, this 7th day of September in the year of Our Lord one thousand nine hundred and four at Newtown in the District aforesaid.
[Signed] L[ester] S[tuart] Donaldson, SM.
Bail not applied for.
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2 of 2.
CC 04/844.
Frederick Charles Beale
18 labourer New South Wales CE R & W
By Warrant – buggery. 7.9.1904
Samuel Matthews sworn states:– I am a Senior Sergeant of Police at Newtown. About 9.30 am on the 7th instant whilst the accused was in custody on another charge at Newtown Police Station I read the Warrant produced to him. 6 In reply he said, “I know the boy but I did not do anything to him. I was staying with Mrs Mulvogue in June last.” I know that accused is the person referred to in the Warrant. I ask that he be remanded to Tamworth where the offence is alleged to have been committed and where the witnesses reside.
Accused has no questions to ask.
[Signed] S Matthews.
Taken and sworn at the Police Court, Newtown, this 7th day of September 1904 before.
[Signed] LS Donaldson, S Matthews.
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Frederick Charles Beale
Buggery
Remanded to Tamworth Police Court. Bail not applied for.
[Signed] LS Donaldson, SM
Newtown
7.9.1904.
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No. 96
Warrant Issued
Information – (General Purposes).
New South Wales, Tamworth
TO WIT. }
Act 40 of 1900, Section 79.
Be it remembered, that on this 16th day of August in the year of Our Lord one thousand nine hundred and four at Tamworth in the State of New South Wales, Alexander Caldwell Senior Constable of Police of Tamworth appears before me, the undersigned, one of His Majesty’s Justices duly assigned to keep the Peace of Our Lord the King in and for the State of New South Wales, and on his oath informs me, that on the or about month of June in the year of Our Lord one thousand nine hundred and four at Tamworth in the State aforesaid, one Fred Beale did assault Charles Mulvogue and then wickedly and against the order of nature carnally knew the said Charles Mulvogue, and did commit with the said Charles Mulvogue the abominable crime of buggery contrary to the Act in such case made and provided; whereupon the said Alexander Caldwell prays that I, the said Justice, will proceed in the premises according to law and issue my Warrant to arrest the said Fred Beale he have absconded from the District to evade the Court of Justice.
[Signed] Alexander Caldwell.
Sworn at Tamworth in the said State, on the day first above written, before me.
[Signed] AR Perry, JP.
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Justices Act No. 27 of 1902
Warrant in the First Instance.
To Superintendent Sutherland a Constable in the Police Force for the State of New South Wales, and to all other Constables in said Force.
Whereas information hath this day been laid before the undersigned, one of His Majesty’s Justices of the Peace in and for the State of New South Wales, for that one Fred Beale did, at Tamworth in the State aforesaid, on or about the month of June in the year of Our Lord one thousand nine hundred and four assault Charles Mulvogue and then wickedly and against the order of nature carnally knew the said Charles Mulvogue and did commit with the said Charles Mulvogue the abominable crime of buggery on oath being now made before me, substantiating the matter of the said information: these are therefore to command you, in His Majesty’s name, forthwith to apprehend the said Fred Beale and to bring him before some one or more of His Majesty’s Justices of the Peace in and for the State aforesaid, to answer to the information, and to be further dealt with according to law.
Given under my hand and seal, this 16th day of August in the year of Our Lord one thousand nine hundred and four at Tamworth in the State aforesaid.
[Signed] AR Perry, JP.
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[On the depositions’ cover sheet is the following]
Circuit Court.
Tamworth
11 October 1904
AG’s No. 04/284
Depositions.
CS’s No 4
Rex No. 20
v.
Frederick Charles Beale
Unnatural offence
Committed at: Tamworth
on: 19th September 1904
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Court. Tamworth Circuit
Date. 11:10:1904
Cor. Pring Judge.
Plea. Guilty
Verdict -------
Judgment. 2 years hard labour [in] Grafton gaol cumulative with sentence on case No. 5.
[Signature illegible] Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.
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Buggery
[Signed] Hugh Pollock S[olicitor] G[eneral]
22.9.04
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The Tamworth News and Liverpool Plains and Gwydir Districts’ Advertiser, Mon 10 Oct 1904 7
CIRCUIT COURT.
The Tamworth Circuit Court opens tomorrow before Mr Justice Pring. The following is the list of criminal cases:– Lenia Williams, alleged murder, Moree; Thomas Jasper and Albert Victor Fuller, alleged forgery and uttering, Tamworth; William Henry Underwood, alleged shooting with intent to murder, Quirindi; Frederick Charles Beale, charged with two serious offences, Tamworth; Alfred Edward Arnott, alleged breaking and entering, and stealing, Moree.
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Justice RD Pring’s notebook 8
4
[Tamworth, Tuesday 11 October 1904]
Rex v. Frederick Charles Beale
Buggery
Plea Guilty
Sentence 2 years hard labour in Grafton gaol.
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The Tamworth News and Liverpool Plains and Gwydir Districts’ Advertiser, Wed 12 Oct 1904 9
TAMWORTH CIRCUIT COURT.
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Tuesday, October 11.
The sittings of the Tamworth Circuit Court commenced this morning before his Honor Mr Justice Pring. The Judge’s Associate was Mr D Gaden; Crown Prosecutor, Mr CA White, The PM., Mr E Jones, occupied a seat on the bench as deputy sheriff.
The following barristers were present:– Messrs Piddington, Garland, Thomson, Pike and Young. The solicitors were– Messrs Proctor, England, Tripe, Bedwell, and Newman.
UNNATURAL OFFENCE.
FC [sic] Beale, who was charged with an unnatural offence, pleaded guilty, and was remanded for sentence.
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SECOND DAY: WEDNESDAY.
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The Court resumed at 9.30 am.
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ALLEGED CARNALLY KNOWING.
Charles Frederick Beale was charged that he did, on the 10th June last, carnally know Grace Kathleen Mulvogue, a child under the age of ten years.
The following jury was empanelled: C Wane, G Orman, E Potts, HL Fisher, WH Leak, R Bourne, JA Reid, G Sims, AJ Pankhurst, W Smith, JA Maunder, LP Boyd.
Constable Caldwell, of Tamworth, deposed that on the 15th August last he went to Mulvogue’s, and there saw the girl (Kathleen Mulvogue), her mother; and her brother Charles. From what he was told, he laid an information, obtained a warrant, and arrested prisoner next day. On September 8 he saw accused at the lockup, in the presence of the Superintendent of Police, the child, her mother, and brother. The child identified as the man who had tampered with her. Accused denied the charge. On the 9th witness went to West Tamworth with Superintendent Sutherland and saw the child, who took to a gully and pointed out the spot where the alleged offence took place. The gully was ten or twelve feet deep there. Saw accused later on, and questioned him after caution that anything he said might be used in evidence against him. Accused said he had been in Tamworth about 13 weeks, and he had come from Queensland. Wrote a statement at prisoner’s dictation, which he afterwards read over to him. Prisoner signed the statement (produced.) Afterwards he obtained the articles produced (a syringe) from Beatrice Mulvogue.
Grace Kathleen Mulvogue, a small child, who said she was seven last March, described the offence alleged to have been committed by accused.
The child’s mother her sister and brother, and Dr Harris (Government Medical Officer), also gave evidence.
At 2.25 the jury returned into court with a verdict of guilty of attempting to carnally know. Prison er was remanded for sentence.
At 3.25 Beale was called up for sentence, for the first offence to which he had pleaded guilty, he was awarded a sentence of two years’ imprisonment in Grafton Gaol, and for the second offence a sentence of two years’ in Grafton Gaol, sentences to be cumulative.
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The Tamworth Observer and Northern Advertiser, Wed 12 Oct 1904 10
LOCAL NEWS.
…
At the Circuit Court yesterday, his Honor said he did not approve of the practice of counsel challenging jurors for an accused person, as he thought the latter should do it himself. In the case under notice, he allowed counsel to challenge, as the accused was a stranger, and, moreover, not a white man. It must not, however, be taken as a precedent.
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TAMWORTH CIRCUIT COURT.
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Tuesday, October 11.
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THE sittings of the Tamworth Circuit Court commenced yesterday before His Honor Mr Justice Pring. Mr DL Gaden was Judge’s Associate, and Mr CA White Crown Prosecutor. Mr E Jones, PM, occupied a seat on the Bench as Deputy Sheriff.
The following barristers were at the table:—Messrs Piddington, Garland, Thomson, Pike, and Young. The solicitors were Messrs Ragland, Tribe, Proctor, and Newman.
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A SERIOUS OFFENCE.
Frederick Charles Beale, a youth, pleaded guilty to a charge of committing an unnatural offence upon a little boy, and was remanded for sentence.
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The Tamworth Observer and Northern Advertiser, Sat 15 Oct 1904 11
TAMWORTH CIRCUIT COURT.
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Wednesday, October 12.
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The sittings of the court were resumed at 9.30 am.
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ALLEGED CARNALLY KNOWING.
A youth named Frederick Charles Beale pleaded not guilty to carnally knowing a little girl named Grace Mulvogue, aged 7½ years, at West Tamworth, on June 8th.
Mr AB Piddington (instructed by Mr JM Proctor) appeared for the accused.
The following jury was empanelled:– C Wane, G Orman, WE Potts, HL Fisher, WH Leak, R Bourne, JA Reid, G Sims, AJ Pankhurst, W Smith, JA Maunder, and LP Boyd.
The jury returned a verdict of guilty of attempting to carnally know.
The gaoler stated that Beale was originally a Sobroan [sic–Sobraon] boy. On February 18th he was sentenced at Boggabri to one month’s imprisonment for vagrancy.
On the charge of sodomy, to which Beale pleaded guilty, yesterday, he was sentenced to 2 years’ imprisonment, with hard labour, in Grafton gaol, and a similar sentence was imposed on the second charge. The sentences were made cumulative.
In passing sentence, his Honor said that Beale had had a very narrow escape of being sentenced to death. For the first offence he was liable to imprisonment for life, and for the second – attempting to carnally know – penal servitude for 14 years. It was a terrible thing that a young fellow like the prisoner, 18 years of age, should be in such a position. The offence of sodomy was filthy, abominable, and horrible. The sentences he had imposed might save the prisoner from a worth fate, and he hoped he would come out of gaol a better specimen of humanity.
(The evidence in these cases was not of a nature to warrant publication.)
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Frederick Charles Beale, Gaol photo sheet 12
![SRNSW: NRS2258, [3/5993], Grafton Photograph description books, 1894-1929, No. 104, p. 105, R5125.](../../images/trials/1904-Beale-5993-gaol-photo-104.jpg "SRNSW: NRS2258, [3/5993], Grafton Photograph description books, 1894-1929, No. 104, p. 105, R5125.") |
Gaol Photo Sheet - Transcribed Details
No. 104 Grafton
Date when Portrait was taken: 12th Dec 1904
Name: Frederick Charles Beale
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Native place: Newcastle NSW Year of birth: 1885 Arrived Ship: Trade or occupation Religion: Church of England Education, degree of: Read & Write Height: 5' 3" Weight On committal: 132 Colour of hair: Brown Colour of eyes: Blue |
Marks or special features: Scar on forefinger left hand. Little finger of left hand is crooked. Scar between eyebrows. Scar on right eye brow. Small scar inside left ankle. Small scar on right ankle. |
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(No. of previous Portrait ... ) CONVICTIONS |
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| Where and When | Offence. | Sentence | |||
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Boggabri PC Tamworth CC |
18 11 |
2 10 |
1904 1904 |
Vagrancy 1) Buggery |
1 month hard labour 1) 2 years HL |
1 The Tamworth News and Liverpool Plains and Gwydir Districts’ Advertiser, Mon 19 Sep 1904, p. 2.
2 The Tamworth Observer and Northern Advertiser, Wed 21 Sep 1904, p. 3.
3 SRNSW: NRS880, [9/7077], Supreme Court, Papers and depositions, Tamworth, 1904, No. 284. Emphasis added.
4 Mn: Exhibit A
5 Mn: Exhibit B
6 Mn: Put in and mark “1”
7 The Tamworth News and Liverpool Plains and Gwydir Districts’ Advertiser, Mon 10 Oct 1904, p. 2. Emphasis added.
8 SRNSW: NRS7563, [7/9721], Judiciary, RD Pring, J. Notebooks Circuit, 1900-21, p. 4.
9 The Tamworth News and Liverpool Plains and Gwydir Districts’ Advertiser, Mon 10 Oct 1904, p. 2. Emphasis added.
10 The Tamworth Observer and Northern Advertiser, Wed 12 Oct 1904, p. 2.
11 The Tamworth Observer and Northern Advertiser, Sat 15 Oct 1904, p. 4.
12 SRNSW: NRS2258, [3/5993], Grafton Photograph description books, 1894-1929, No. 104, p. 105, R5125.