Newcastle Morning Herald and Miners’ Advocate, Fri 24 Mar 1905 1
NEWCASTLE POLICE COURT.
Thursday, March 23.
(Before Mr G[eorge] F[rederick] Scott, SM.
…
COMMITTED FOR TRIAL.
Anthony Ludwick [sic] Anderson, a seaman, was charged with having committed a serious offence at Carrington, on 22nd March. Sub-inspector Goulder conducted the case for the prosecution. Mr WA Reid appeared for accused. Evidence was given by Senior-constable Quayle, Albert Craig, Wilhelm Solfrein, watchman of the Berwickshire, and Joseph Christian, a seaman of the vessel. Anderson is the carpenter on board the Berwickshire, and Craig an apprentice on the Beeswing. The alleged offence was committed in the carpenter’s workshop on board the Berwickshire after midnight on Tuesday night. In reply to Mr Reid, Craig said he wanted to get away from his ship, and he had been told that, if accused were committed for trial, he would have to wait for the trial, and might thus get away from the vessel. Accused had been arrested by Senior-constable Quayle and Constable Scott. He denied having committed the offence alleged against him. Accused was committed for trial at the Maitland Circuit Court on 5th April. Bail was allowed in £80, and two sureties of £40 each.
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Depositions for Anthony Ludwig Anderson 10 Apr 1905 Maitland trial 2
(a) Town. |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Rex v.. (b) Anthony Ludwig Anderson |
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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 March1905 |
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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) Anthony Ludwig Anderson |
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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) Maitland |
on W |
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(h) Town where Court |
the 10th day of October 1898 |
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The accused is (i) confined in the 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) Robert Quayle of Carrington, Senior Constable, Joseph Christian, of the ship “Berwickshire” Newcastle, seaman, Wilhelm Solfrian, of ship “Berwickshire” Newcastle, seaman, and Albert Craig, of ship “Beeswing” Newcastle, apprentice, being a minor has not yet been bound.
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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] H[enry] H[arold Septimus] Chippindall |
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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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Albert Craig, witness in R versus Anthony Anderson indecent assault on male person Maitland Circuit Court
5.4.05
Police Station,
Newcastle 26 March 1905
I beg to report:
Craig has now been bound over, and last night left for Sydney to stay with his uncle, Mr Walter Craig, Burke Street, Redfern.
[Signed] Ernest C Day, Inspector.
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Telephone message from Mr Day Newcastle 1/45 pm 23/3/05.
The Newcastle bench this morning committed for trial at Maitland Circuit Court 5th prox, one Anthony Anderson for indecently assaulting Albert Craig 15 old, an apprentice on barque Beeswing now at Newcastle, on account of his youth, the magistrate refused to bind Craig over to appear at Circuit Court. The Beeswing sails for South America early on morning of 25th instant. If possible will the Inspector General have subpoena issued for Craig and (post ?) to Newcastle this morning.
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Mr Childs
I have telephoned the CPS Newcastle notifying him to send for Craig and have him bound over to appear at next Maitland Circuit Court.
[Signed] John Gonzalez, Clerk of the Peace, 23/3/05.
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No. 7 Station Redfern
27th March 05.
Re Albert Craig, a witness in the matter Rex versus Anthony Anderson “indecent assault on a male person.”
Senior Constable Moore reports that the Albert Craig the lad referred to, has arrived safely at his uncle’s residence, 69 Bourke Street, Redfern. This gentleman (Mr Walter Craig) has been seen about this matter, and promises to do all in his power to keep his nephew under control, and in his care until the above case is called on for hearing.
Further, Mr Walter Craig is a respectable resident, and his word may be relied on. He promises that should the lad get beyond his control he will at once communicate with the Redfern Police.
[Signed] Nicholas Moore, Senior Constable.
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Police Station,
Newcastle 23rd March 1905.
Anthony Anderson, (committed this day) indecent assault on Albert Craig at Newcastle for trial at Maitland Circuit Court 5.3.05
I beg to report:–
Albert Craig the principal witness is only 15 years old, and therefore the Magistrate declined to bind him over and there was no friend or relative to be bound for him.
He is an apprentice on the [British Registered] barque Beeswing owners, Pritchard Brothers, Portmadac, Wales.
The Beeswing will sail early on Saturday the 25th instant for Valparaiso.
Young Craig has no money.
His uncle Mr Walter Craig, resides in Burke Street, Redfern (said of no occupation).
I would suggest that a subpoena be at once forwarded for service on Albert Craig here and that his uncle be seen at once with a view to his taking charge of the boy until the trial.
The boy’s mother Mrs Annie Craig resides in Chatsworth Road, East Prahran, Melbourne, but is said to be in poor circumstances and the distance and expense would be too great for him to go to her.
[Signed] Ernest C Day, Inspector.
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NEW SOUTH WALES POLICE.
North Eastern District
Carrington Station.
24th march 1905.
Report relative to antecedents of:–
Name: Anthony Ludwig Anderson
Offence: indecent assault on a male
Committed for trial at: Maitland Circuit Court
Date: 5th April 1905.
Senior Constable Quayle reports, offender is a Swede 42 years of age and shipped as carpenter on board the sailing ship Berwickshire on 5th October 1904 at London, and arrived on 11th March 1905 at Newcastle.
He has no friends or relatives in the State.
The Police at Newcastle know nothing against his character.
[Signed] Robert Quayle, Senior Constable.
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Depositions of Witnesses.
New South Wales, Newcastle
TO WIT. }
The examination of Robert Quayle of Carrington in the State of New South Wales, Senior Constable of Police, Albert Craig of ship Beeswing, Newcastle, apprentice, Wilhelm Solfrian, of ship Berwickshire, Newcastle, seaman, and Joseph Christian, of ship Berwickshire, Newcastle, seaman, in the said State, taken on oath this 23rd day of March in the year of Our Lord one thousand nine hundred and five, at the Newcastle 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 Anthony Ludwig Anderson who is charged this day before me for that he the said Anthony Ludwig Anderson on the 21st day of March, in the year of Our Lord one thousand nine hundred and five, at Carrington in the said State, did indecently assault Albert Craig, a male person.
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Sub-Inspector Goulder to prosecute.
Mr WA Reid for the accused.
This deponent on oath saith:– My name is Robert Quayle. I am a Senior Constable of Police stationed at New Carrington. I went to the ship Beeswing and saw a man lad named Albert Craig yesterday. I then went with him to the Berwickshire where I saw the accused. I was in uniform. I said to Craig “Do you know this man?”, referring to the accused. He replied “Yes, I came across in the ferry with him last night and we came up on to this ship.” I said “Did anything happen then?” He said “Yes, he asked me to go into the workshop.” Craig then said “He took me into the workshop and wanted to take my trousers down, he asked me to let him have a bit but I refused. He then took his penis out and started rubbing it up against my leg. He opened my trousers and stated started rubbing my penis up. He had one arm around me and would not let go when I asked him. I told him to go away but he said ‘I am not finished’ and he struck a match and looked on the floor. He then caught hold of me again and started rubbing his penis up against me.”
The accused then said “It is not true, I know nothing about it.”
I took the accused to the Carrington lock up and charged him with assaulting Albert Craig with intent to commit the abominable crime of buggery. In reply he said “I know nothing about it, I took the boy into the shop and he was asking me how he could run away from his ship.” This morning I charged the accused with indecently assaulting a male person. He again said he took the boy in and they were talking about how they he could leave the ship. Before I left the Berwickshire I was shown something by a man named Solfrian. He showed me a stain on the floor. With the assistance of the man Solfrian I took a chip up from the floor and handed it to Dr Harris
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afterwards.
No questions.
[Signed] Robert Quayle.
Taken and sworn at the Police Constable, Newcastle, this 23rd day of March 1905 before me.
[Signed] George F Scott, SM.
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This deponent on oath saith:–
My name is Albert Craig. I am 15 years of age. I am an apprentice on the Beeswing now in Newcastle. I know the accused: I first saw him on Sunday night aboard the Berwickshire . I next saw him on Tuesday night, the 21st instant, I was with the Second Mate, of the Berwickshire I was on the ferry.
He said “Good night” to me. He said “Are you coming on board the Berwickshire?” I said “No” I went on board afterwards with the Second Mate to see an apprentice. That was about midnight.
I was talking to the Second Mate and afterwards the accused asked me to go into the workshop. He beckoned to me and I went to him. He said “Come inside.” He meant into the carpenter’s workshop. I went in. No-one else went in with me except the accused. He caught hold of me. He had left the door open. He put his arm around me and said “Will you give me a bit?” I did not understand what he meant then. I said “No,” he then tried to undo my pants: I had no braces on: he tried to undo the belt around my trousers. I would not let him. He then undid the front of my trousers and undid the front of his own. He put his hand inside mine and started feeling round and got hold of my penis. He took out his own penis. He asked me to catch hold of his. I said “No,” he put one arm around my waist and started rubbing his penis with his left hand. There was no light in the shop. I could see him doing this. I said “Let me go.” He said “Not until I have finished.” After a while he I said “Have you finished?” He said “No,” and struck a match and looked on the floor. He did not say anything when he looked on the floor. After a while he let me go. He said then “I have finished.”
After he had struck the match he put his arm around me again and started rubbing himself again.
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When he had got hold of my penis he tried to rub it but I would not let him. We were about 20 minutes in the shop altogether.
After he said he had finished the first person I saw was the watchman on board the Berwickshire. He was outside the workshop. He said something to me. Accused came out of the workshop after me but not straight away.
The watchman said something to the accused but I did not catch it.
By Mr Reid: I did want to get away from my ship that night. I still want to get away from it. I told the accused and the Second Mate that I intended to run away from the ship. I had been accused of stealing some money on board and that is why I wanted to get away. I do not indulge in this sort of thing myself. I knew what was meant by “rubbing himself off”. I don’t do that myself but I have heard about it on the ship.
I don’t know now if I will run away from the ship. I do not know that if accused is committed for trial I will have to wait for the court. The watchman told me I might have to wait from the for another court and I might get away from the ship that way. I did not sing out in the workshop.
I was in the shop about 10 minutes when I found out what he meant by a “bit”. He had hold of me all the time. He let me go while he struck the match. I stopped accused from taking my pants down and he did not try again. I did not tell accused that I knew men used to do that. I have seen men on board the ship want to do it to other apprentices in my presence. Accused asked me to sleep with him Men have asked other apprentices in my presence to sleep with them.
When I told Senior Constable Quayle my story in the presence of the accused accused said “This is something you are making up to get clear of your ship.” I was about 10 minutes in the room before accused tried to take my pants down.
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I did not consent to the assault. I asked him if he had finished because he said he would not let me go until he had finished. I stayed 10 minutes after he tried to assault me because he had hold of me. I am certain no-one else ever did that to me or tried to do it.
A doctor examined me in Melbourne for some sores I had. When I first went in accused started to ask me what I intended to do when I left the ship. He did not ask me for a bit straight away.
I did not notice the watchman pass the door when I was in there. The watchman was sitting about 3 feet from the door of the room when I went in and he was sitting there when I came out of it. I did not say anything to him about what had happened.
When the carpenter said he had not finished I knew that he meant that he had not finished “rubbing himself off”.
[Signed] A Craig.
Taken and sworn at Police Constable, Newcastle, this 23rd day of March 1905 before me.
[Signed] George F Scott, SM.
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This deponent on oath saith:–
My name is Wilhelm Solfrian. I am an Able Seaman on board the Berwickshire.
I remember the night of the 21st March. I was watchman on my ship that night and until 6 the following morning. I know the accused: he is the carpenter of our ship. I have seen the prosecutor on board our ship seeing an apprentice. I saw accused and the Second Mate and the boy Craig some aboard about a quarter to 12. About three quarters of an hour after I saw accused and Craig sitting on a spar talking for quarter of an hour. I did not hear what was said. I saw the carpenter call the boy into the carpenter’s shop after that. They were in together. I went round the other side of the door shop and listened at the door on the other side. I could hear a whispering and after a while I heard the boy say “Chippy, you have finished.” The carpenter said “I am not.” He struck a match. After the match went out there was whispering again. I went round through the galley to the other side again. I heard them talking louder: I saw the boy come out of the shop. He said “Good night,” to me. The accused came out and said “Good night” to me and sat on the spar.
The boy went ashore. The accused went to sleep and I went into the shop. I saw white stuff on the floor of the carpenter’s chest and some on the floor. I called a seaman named Christianson and told him something.
By Mr Reid: I saw Senior Constable Quayle the following morning and showed him the stuff I describe.
By Mr Reid: The door of the carpenter’s room was open and there was no light.
I was in the galley when the boy and accused went into the shop. I thought something was wrong. I went though [sic] the galley to the door on the other side. It was not long before I satisfied myself the carpenter was doing something wrong to the boy. I was right in the doorway. I could not see the accused. I thought he was doing sodomy or something. I The boy remained about 10 minutes after the match was struck. I listened there until
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the boy started to talk louder. I heard him making a moaning noise. I stood by and allowed the crime to go on because I was frightened: I did not go in nor did I speak. The boy went ashore straight away after coming out of the cabin. I did not say anything to the boy because the carpenter was there too, and all his tools were hanging round him. The Captain and the Mates were aboard. I did go and tell the Water Police. I don’t want to get away from the ship. Craig asked me if the case would be settled here, he said the ship would go out. I said “They will keep you here then.” I knew that my ship might go out too and I would be left behind. It was about 20 yards from where I was listening to the Mate’s room. Everybody was dead asleep. I did not see anybody about.
The boy did not complain to me when he came out of the room.
By Sub-Inspector Goulder: Accused is a bigger and stronger man than I am.
[Signed] W Solfrian.
Taken and sworn at the Police Court, Newcastle, this 23rd day of March 1905 before me.
[Signed] George F Scott, SM.
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This deponent on oath saith:–
My name is Joseph Christian. I am an Able Seaman on the Berwickshire now lying at the Dyke.
I know Solfrian. I know the night before last the 21st instant. After I had gone to sleep I was wakened by Solfrian. I asked him the time. He said “about midnight”. I went with him into the carpenter’s shop where I saw a white thick fluid some on the floor and some on the tool chest.
No questions.
[Signed] Joseph Christian.
Taken and sworn at Police Court, Newcastle, this 23rd day of March 1905 before me.
[Signed] George F Scott, SM.
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(F. 2– “Justices Act, 1902.”)
Statement of the Accused.
State of New South Wales, Newcastle
TO WIT. }
Anthony Ludwig Anderson (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 23rd day of March in the year of Our Lord one thousand nine hundred and five for that he, the said defendant, on the 23rd day of March 1905, at Carrington in the said State, did indecently assault one Albert Craig a male person and the said charge being read to the said defendant, and the witnesses for the prosecution, Robert Quayle, Albert Craig, Wilhelm Solfrian and Joseph Christian being severally examined in his presence, and he having stated that he does not desire the depositions of the said witnesses to be 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 having 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.”
[Signed] AL Anderson.
Taken before me and read over to the said defendant at Newcastle in the said State, the day and year first above mentioned.
[Signed] George F Scott, SM.
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G. 190.
New South Wales, Newcastle
TO WIT. }
REX.
versus
Anthony Ludwig Anderson
Offence,— Indecent assault on a male person
The accused stands committed to take his trial at the next Court of Circuit Court to be holden at Maitland, in the State of New South Wales, on the fifth day of April, 1905. Bail allowed the accused in £80 and two sureties in £40 each, or one in £
[Signed] George F Scott, SM
JP.
Dated at the Police
Office, Newcastle
in the said State,
this twenty third
day of March
AD 1905
4g 416 - 88
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“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Newcastle
TO WIT. }
Be it remembered, that on the 23rd day of March in the year of Our Lord one thousand nine hundred and five Robert Quayle a Senior Constable of the Police Force, stationed at Carrington in the State of New South Wales, Wilhelm Solfrian of British Registered vessel Berwickshire now at Newcastle in the said State, seaman and Joseph Christian of the British Registered vessel Berwickshire aforesaid, seaman, personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged themselves to owe Our Sovereign Lord the King ths sum of
FORTY POUNDS EACH,
of good and lawful money of Great Britain, to be made and levied of 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 before mentioned persons shall fail in the condition indorsed.
[Signed] W Solfrian, J Christian, Robert Quayle.
Taken and acknowledged, the day and year first above mentioned, at Newcastle in the said State, before me.
[Signed] J[ohn] H[enry] Hassall, JP.
The condition of the within written Recognizance is such, that whereas one Anthony Ludwig Anderson was this day charged before George F Scott esquire one of His Majesty’s Justices of the Peace for the said State, for that on 22nd March 1905 at Carrington he did indecently assault Albert Craig a male person.
If, therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Maitland in and for the State of New South Wales, on Wednesday the 5th day of April 1905 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 Anthony Ludwig Anderson for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Anthony Ludwig Anderson.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] JH Hassall, JP.
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“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Newcastle
TO WIT. }
Be it remembered, that on the 24th day of March in the year of Our Lord one thousand nine hundred and five in the said State, Albert Craig Ludwig Anderson of Newcastle in the said State, apprentice personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged themselves 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 of their goods and chattels, 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.
[Signed] Albert Craig.
Taken and acknowledged, the day and year first above mentioned, at Newcastle in the said State, before me.
[Signed] HH Chippindall, JP
The condition of the within written Recognizance is such, that whereas one Anthony Ludwig Anderson was on the 23rd March 1905 charged before George Frederick Scott esquire one of His Majesty’s Justices of the Peace for the said State, with indecently assaulting a male person.
If, therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Maitland in and for the State of New South Wales, on Wednesday the 5th day of April 1905, 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 Anthony Ludwig Anderson for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Anthony Ludwig Anderson.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] HH Chippindall, JP.
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[On the depositions’ cover sheet is the following]
Circuit Court.
Maitland
5th April 1905
AG’s No. 05/117 No. 48
Depositions.
CS’s No. 25
Rex
v.
Anthony Ludwig Anderson
Indecent assault on a male person
Committed at: Newcastle
on: 23rd March 1905
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Court. Circuit Court Maitland
Date. 10th April 1905
Cor. Gregory Walker Judge.
Plea. Not guilty
Verdict. Guilty
Judgment. 2 years hard labour Parramatta Gaol
[Initialled] EM B[rissenden],
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.
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Indecent assaulting a male
[Initialled] EMB
Approved
[Initialled] C[harles] G[regory] W[ade]
30/3/05
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Newcastle Morning Herald and Miners’ Advocate, Thu 6 Apr 1905 3
MAITLAND DISTRICT.
(“Newcastle Herald” Branch Office, High Street, West Maitland.)
(From our Special Representative.)
MAITLAND CIRCUIT COURT.
The April sittings of the Maitland Circuit Court were opened yesterday, before his Honor Justice Walker, at the Court House, East Maitland. Mr NDG Walker was associate and clerk of arraigns, and Mr GS Waller, deputy sheriff. Dr EM Brissenden was Crown Prosecutor. Mr DG D’Arcy, Governor of Maitland Gaol, was in attendance, and Superintendent Cotter and Sub-Inspector Sykes represented the police.
A Juror was excused from attendance today on the ground that his foreman baker was ill, and he had to attend to the business himself.
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Justice WG Walker’s notebook 4 5
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[Maitland, Monday 10 April 1905]
R v Anthony Ludwig Anderson – S. 81 Indecent assault on male.
Plea – Not guilty.
Cowan for accused.
Robert Quail examined. Senior Constable. Arrested accused.
Cross-examined. Accused denied the offence at once, when charged. I brought Craig was there then. Accused said “We went into workshop to have a talk about you
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getting off the ship.” Did not say “This is something you’re making up in order to get off the ship.” – nothing like that. Between 9 & 10 on morning of the 22nd of March it was when I saw him.
Re-examined. I looked at the workshop. A stain was pointed out to me on the floor.
Albert Craig examined. 15 years old. Was an apprentice on ship Beeswing. Been at sea about 2 months. Had seen accused
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once before 22nd March – on the Sunday before. On Tuesday night 21st saw him on ferry coming from Newcastle. No one with me. Accused spoke to me & said “Good night” & called me over to him. The 2nd mate of the Berwickshire was with him. I went on board the Berwickshire about 12 o’clock with the 2nd mate & a boy I had seen a couple of times but did not know. Was talking for a good while with the 2nd mate. Saw accused
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on board. When the mate turned in, accused called me into the workshop. It is a deck house. I went in. No one else except accused in there. No light burning. Accused asked if I’d give him a bit, & tried to take down my pants. He was holding me with one arm round me. I said “No.” He then opened the front of his pants, took out his penis. He put my hand on his penis, & as said “Rub me off.” I said “No.” Then he opened the front of my pants, & took out my penis & started
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to rub it. I pushed his hand away. Then he started to rub his own. I asked him to let me go. He said he wouldn’t until he’d finished. He had one arm round me. I was close to him. I asked him if he’d finished. He struck a match, looked on the floor & said “No.” Afterwards he said he’d finished & let me go. Then I came out. Saw the watchman on the Berwickshire outside, named Solfrian. I said good night to Solfrian.
Cross-examined. Solfrian was a couple
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of yards away from the deck house when I went in. I knew he was watchman. I did not call out or make any fuss. I knew what “rubbing off” meant. I heard it on board the Berwickshire. I wanted to get away from the Beeswing. I was talking this night to 2nd mate about getting away. I was talking about it to 2nd mate, watchman, & accused. Accused advised me not to leave the Beeswing. Next day I was on Berwickshire with constable &
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accused. Remember his being charged. He said it was something I was making up. Don’t remember his saying I was making it up to get off my ship. Will not say he didn’t say it. Remember giving evidence at Police Court. Don’t remember saying at Police Court “This is something you’re making up to get clear of your ship.” I now remember saying “to get clear of my ship.” The other apprentices & I were accused of stealing some money. That’s
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why I wanted to get away from my ship. The Beeswing was going from Newcastle to Valparaiso with coal. I shipped at Melbourne. I had no other reason for wanting to get away. Coming from Melbourne, I was a bit sick. I was told the morning of the Court at Newcastle that making this charge might get me off my ship. The watchman told me. Am sure it was only on that morning. It was outside the Police Court the watchman said so – waiting to be
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called in. Think it was Thursday. The Beeswing a little lower down in the Dyke than Berwickshire. Saw the watchman on Wednesday – the day of arrest – went to Police Court with him – following accused & Constable Quail. Have not been carrying on these practices of rubbing off. Know the meaning of “give me a bit.” Did not know it on the evening in question, till he took down my pants. That night I went on the ferry. I was not
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in mate’s company till I got on ferry. He was on, when I went on. I went on the Berwickshire that night to see the apprentice there. I did not see the apprentice. He had some collars of mine. I knew him. Accused did not leave before I’d done talking with 2nd mate. Did not go to And accused’s cabin without being asked.
Re-examined.
Wilhelm Solfrian examined. AB Was on Berwickshire. Accused was
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carpenter. I remember night of 21 March when Craig came on board. I was watchman that night. Craig came on board & spoke to 2nd mate & accused. I was talking to them too. The 2nd mate after a while turned in. I then saw the accused & Craig sitting down on a spar. It was after 12 o’clock. Accused sat very close to boy, Then just as a man sitting with a woman. Then I went into the galley. After a while the accused & the boy went into the
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carpenter’s shop together. I went through galley into carpenter’s room & leaned down & listened. The carpenter’s room is divided from the carpenter’s shop by a partition. I heard them whispering but could not understand a word. After a while I heard the boy say to accused “You are finished.” Accused said “I’m not.” He struck a match. I put my head away so as not to be seen. The light couldn’t shine through. The partition went right up to the top. After the match
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[had] gone out, I heard whispering again. I listened again. After a while he started to talk louder & I went out of the room. I went to the galley again. The boy came out first, then the accused. The boy said good night to me & went away. Accused sat on spar alongside of galley door. Accused sat there all night & turned in about 5 in the morning. When the boy was gone, & the accused had fallen asleep on the spar, I went in
140
to the carpenter’s shop. I lighted a match & had a look round. I saw some white stuff hanging down on his tool chest & down on the floor. It was a man’s nature.
Cross-examined. I knew something wrong was going on all the time. I did nothing. He had axes & tools in there, & I did not care to go in, trust my life to him. Sailmaker was sleeping in the carpenter’s room. I did not wake him up. Other people were on board the ship, 20 yards away. Accused
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& bo the boy were in the place about 20 minutes I reckon. I did not want to get off my ship. If I could have got my pay, I would have got off the ship. I knew I should get off my ship & get my pay by being a witness. After That same night I went on board the boy’s ship & the watchman called out the boy. I spoke to Craig about it, & asked him what had been going on. Outside the Police Court I told the boy, if this case does not come off, & the ship goes
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on, you’ll have to stop behind. At Police Court I said, “Craig said, let me go!” He did say so. The partition is of wood, tongued & grooved. I was only twice in the carpenter’s shop. There was the same case with my captain, & I did not like the disgrace of being on board a ship with such a captain, & captain was not right in his head. That’s why I wanted to be off the ship.
Re-examined. There was a door in the partition & the
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door was open.
To Edwards. I got a man to take my watch for ½ an hour while I went away to see the police. At Police Court I gave the evidence about the carpenter & the boy sitting on the spar – if not exactly the same.
Case for Crown
Constable Quail to Juror: Have no idea what the stain on the floor was. It
To Crown Prosecutor: It was a dirty floor. I took to chip out of floor, & took it to
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Dr Harris, who said the floor being so dirty he could not say what it was.
To Cowan: I took the chip that morning before I took the accused away. He Dr Harris did not to my knowledge examine it. He said it was so mixed up with dirt & grease that he could not make an analysis of it.
Craig recalled – To juror: Accused advised me before the offence not
145
to leave my vessel.
Case for Crown
Solfrian recalled – To juror: 2nd mate too boozy to report to that night. After I’d reported to the police I reported to an officer of the ship.
Case for Crown.
Accused makes statement.
Cowan to Jury.
Crown Prosecutor replies.
I sum up.
Jury retire 2.37.
“ return 3.10
Verdict – Guilty.
Remanded for sentence.
~ ~ ~ ~ ~
Justice WG Walker’s notebook 6
5
(ante p. 145)
[Maitland] Tuesday 11 April [1905]
Sentences
…
Rex v. Anderson
Imprisonment with hard labour for 2 years in Parramatta Gaol.
~ ~ ~ ~ ~
The Maitland Daily Mercury, Mon 10 Apr 1905 7
MAITLAND CIRCUIT COURT.
Monday, April 10.
(Before His Honor Justice Walker.)
The Court resumed its sittings at 10 o’clock this morning.
…
ALLEGED INDECENT ASSAULT.
Anthony Ludwig Anderson, was arraigned on a charge that, in March 21, 1905, at Newcastle, he did indecently assault Albert Craig.
Mr R Cowen, instructed by Mr WA Read, appeared for the accused.
Albert Craig, 15, apprentice on the ship Beeswing, gave evidence which was to the effect that the alleged offence had been committed in the carpenter’s shop on the ship Berwickshire, both vessels at the time lying in Newcastle harbour.
Senior constable Quayle said he arrested accused. The arrest was made in the presence of the boy Craig. Accused denied the charge.
Wilhelm Solfrey [sic], seaman, on the Berwickshire, described certain circumstances which came under his observation. He reported the matter to the police.
Accused made a statement which was virtually a denial of the charge.
Counsel addressed the jury, and his Honor having summed up the evidence, the jury retired to consider their verdict at 2.35 pm.
(Proceeding.)
~ ~ ~ ~ ~
The Maitland Daily Mercury, Tue 11 Apr 1905 8
MAITLAND CIRCUIT COURT.
Monday, April 10.
(Before His Honor Justice Walker.)
After the report of the proceedings of the Maitland Circuit Court which appeared in last evening’s issue closed, the following business was transacted:–
ALLEGED INDECENT ASSAULT.
In the case in which Anthony Ludwig Anderson was charged with indecently assaulting Albert Craig, the jury, after half an hour’s deliberation, returned a verdict of guilty.
The prisoner was remanded for sentence.
~ ~ ~ ~ ~
Newcastle Morning Herald and Miners’ Advocate, Tue 11 Apr 1905 9
MAITLAND DISTRICT.
(“Newcastle Herald” Branch Office, High Street, West Maitland.)
(From our Special Representative.)
MAITLAND CIRCUIT COURT.
The Court was re-opened at 10.30 am yesterday morning, before his Honor Mr Justice Walker.
…
ASSAULT.
Anthony Ludwig Anderson pleaded not guilty to a charge of having assaulted Albert Craig on the 21st March 1905, on the ship Berkshire [sic], at Newcastle. Mr Cowan instructed by Mr WA Reid, appeared for accused. At his Honor’s request all those who were not directly interested in the conduct of the proceedings left the court. Evidence in support of the Crown case was given by Senior-constable Quayle, Albert Craig, and Wilhelm Solfrey. For the defence, accused made a statement giving an absolute denial to the charge. The jury, after an absence of 45 minutes, returned into court with a verdict of guilty. Accused was remanded for sentence.
~ ~ ~ ~ ~
Newcastle Morning Herald and Miners’ Advocate, Wed 12 Apr 1905 10
MAITLAND DISTRICT.
(“Newcastle Herald” Branch Office, High Street, West Maitland.)
(From our Special Representative.)
MAITLAND CIRCUIT COURT.
The court was re-opened at 10.30 am yesterday, before his Honor Mr Justice Walker.
SENTENCES.
…
Anthony Ludwig Anderson, who was convicted of assaulting Albert Craig, on the ship Berkshire, at Newcastle, on the 21st March 1905, was sentenced to two years’ imprisonment, with hard labour in Parramatta Gaol. His Honor commented strongly on the enormity of the crime, of which prisoner had been guilty, and told him that it was well for him that the mere serious charge had not been made against him. A man convicted of such an offence could not be lightly dealt with.
~ ~ ~ ~ ~
The Maitland Weekly Mercury, Sat 15 Apr 1905 11
MAITLAND CIRCUIT COURT.
(Before his Honor Justice Walker.)
After the report of the proceedings of the Court which appeared in last week’s issued closed, the following cases were heard:–
…
INDECENT ASSAULT.
Anthony Ludwig Anderson, was arraigned on a charge that, in March 21, 1905, at Newcastle, he did indecently assault Albert Craig.
Accused was found guilty, and sentenced to two years’ imprisonment with hard labour in Parramatta Gaol.
~ ~ ~ ~ ~
Anthony Ludwig Anderson, Gaol photo sheet 12
![SRNSW: NRS2397, [3/6010], Parramatta photographic description book, 1897-1905, No. 829, p. 251, R5137](../../images/trials/1905-Anderson-6010-gaol-photo-829.jpg "SRNSW: NRS2397, [3/6010], Parramatta photographic description book, 1897-1905, No. 829, p. 251, R5137") |
Gaol Photo Sheet - Transcribed Details
No. 829
Parramatta
Date when Portrait was taken: 8-5-1905
Name: Anthony Ludwig Anderson
(aka Anton Ludvik Anderson)
|
Native place: Stockholm Sweden Year of birth: 29 April 1862 Arrived Ship: Berkshire [sic] Trade or occupation Religion: Presbyterian Education, degree of: Read & write Height: 5' 7" Weight On committal: 178 Colour of hair: Brown Colour of eyes: Grey |
Marks or special features: Woman’s head & wreath with chair & anchor underneath outside left forearm. Mole outside left upper arm. Two flags inside left forearm. “A” star & rose back left hand. Scar first joint of left thumb. 3 vaccine marks outside right upper arm. Female standing on ball with eight pointed star underneath outside right forearm. Faith Hope & Charity inside wreath, with woman resting on pole carrying flag inside right forearm. Anchor on back of right hand. Small rose on each finger right hand. Scar right side of chin near right side of mouth. One tooth broken left upper jaw. |
|
(No. of previous Portrait ... ) CONVICTIONS |
|||||
| Where and When | Offence. | Sentence | |||
|
Maitland GD |
10 |
4 |
1905 |
Indecent assault on a male person |
2 years H.L. |
1 Newcastle Morning Herald and Miners’ Advocate, Fri 24 Mar 1905, p. 7.
2 SRNSW: NRS880, [9/7091], Supreme Court, Papers and depositions, Maitland, 1905, No. 48. Emphasis added.
3 Newcastle Morning Herald and Miners’ Advocate, Thu 6 Apr 1905, p. 6.
4 SRNSW: NRS7832, [2/7349] , Judiciary, WG Walker, J. Notebooks Circuit Courts, 1899-1905, pp. 127-145. Emphasis added.
5 William Gregory Walker (1848-1910), was born at North Lynn, Norfolk, England, 14 Dec 1848. He received his early education at Tunbridge School in Kent, which he left in 1867 for Exeter College, Oxford, where in 1871 he took his BA degree. On 17 Jun 1873, he was called to the Bar at Lincoln’s Inn, and he practised at the Chancery Bar in London for some years, and came to the this colony in Jun 1882. He speedily secured a large practice in Equity. During Dec 1896 he was appointed a QC. Walker, while at the Bar won the reputation of being a sound lawyer, a close and ingenious reasoner, and an eloquent speaker. He was always genial and unruffled to forensic antagonists and appointed to the NSW Supreme Court during Aug 1898. It is interesting to note that Justice AH Simpson, to whom Justice Walker will give his assistance in Equity when required, was head boy at Kent’s Tunbridge School when the latter gentleman joined that educational establishment. He was Chancellor of the Diocese of Sydney from 1887 to 1898. He retired from the Bench in Dec 1906, and died on 3 Jun 1910. Source: The Sydney Mail, Sat 27 Aug 1898, p. 505. Fred Johns, Johns’s Notable Australians, 1908, p. 318.
6 SRNSW: NRS7832, [2/7350], Judiciary, WG Walker, J. Notebooks Circuit Courts, 1899-1905, p. 5.
7 The Maitland Daily Mercury, Mon 10 Apr 1905, p. 3. Emphasis added.
8 The Maitland Daily Mercury, Tue 11 Apr 1905, p. 3.
9 Newcastle Morning Herald and Miners’ Advocate, Tue 11 Apr 1905, p. 6.
10 Newcastle Morning Herald and Miners’ Advocate, Wed 12 Apr 1905, p. 6.
11 The Maitland Weekly Mercury, Sat 15 Apr 1905, p. 7.
12 SRNSW: NRS2397, [3/6010], Parramatta photographic description book, 1897-1905, No. 829, p. 251, R5137