1904, Edward James Burmester

Edward James Burmester, 1904–I

Below also see: Edward James Burmester, 1904–II
Edward James Burmester, 1904–III

The Sydney Morning Herald, Thu 18 Oct 1888 ¹

DEATHS.

BURMESTER.—September 10, 1888, after a short illness, at Fort Frederick, Trincomalee, Ceylon, Caroline Mary, widow of the late Major-General Arnold Edward Burmester, CB, Colonel HM’s 59th Regiment, and mother of Edward J Burmester, Maxton, near Goulburn, New South Wales.

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Australian Town and Country Journal, Sat 12 May 1894 ²

BANKRUPTCY COURT.
————
VOLUNTARY SEQUESTRATION.

…
8280. Edward James Burmester, of Maxton, near Goulburn, grazier. Mr Palmer, assignee.

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The Sydney Morning Herald, Wed 18 Apr 1900 ³

GOLF.

Goulburn, Tuesday.

A golf match was played yesterday between the Cootamundra and Goulburn clubs, the latter winning by 11up. Scores:—
EG Matthews, Cootamundra, beat EJ Burmester, 3 up.
T Manning, Cootamundra, beat D McKillop, 4 up.
GS Hay, Cootamundra, and Dr Burkitt tied.
RE Conolly beat WH Matthews, Cootamundra, 13 up.
CM Shaw beat EF Nelson, Cootamundra, 5 up.

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The Goulburn Herald, Fri 12 Feb 1904 ⁴

GOULBURN POLICE COURT.

…

Friday [12 February].

Before Mr [Ernest Leslie] Maitland, PM., and Mr [S Harborne] Belcher.
…

ALLEGED INDECENT ASSAULT.

Edward James Burmester was charged with committing an indecent assault on Bernard Graham at Goulburn. Mr O’Brien for accused.

Constable Lowe deposed that on 27th January he received accused into custody with warrants and depositions from the police of Perth, Western Australia; he conveyed him from Perth to New South Wales.

Senior-sergeant Matthews applied for a remand until Friday next for the production of further evidence.

Remanded accordingly.

Bail was not granted.

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Goulburn Evening Penny Post, Sat 13 Feb 1904 ⁵

GOULBURN POLICE COURT.
Friday, February 12.

Before Mr Maitland, PM., and Mr Belcher, JP.
…

ALLEGED INDECENT ASSAULT.

Edward James Burmester was charged with having committed an indecent assault. Mr O’Brien appeared for the accused.

Constable Lowe deposed that on January 27 last he received the accused from the West Australian police at Perth; witness conveyed him to Sydney and then to Goulburn.

Senior-sergeant Matthews applied for a remand until the 19th instant for the purpose of securing additional evidence.

There being no objections the remand was granted. Bail was refused.

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The Goulburn Herald, Fri 19 Feb 1904 ⁶

GOULBURN POLICE COURT.

…

Friday [19 February],

Before Messrs Maitland, PM., and CH Roberts.
…

CHARGE OF INDECENT ASSAULT.

Edward James Burmester, on remand, was charged with indecent assault on Bernard Graham, a male person. Mr O’Brien for accused.

On the application of Senior-Sergeant Matthews the court was cleared of spectators.

Bernard Graham (15), residing in Grafton street, formerly in the employ of accused at Maxton, deposed that when he went to Maxton on Oct. 12 accused asked him if he could milk, drive, swim, and play golf; another boy named Smith was there at the time.

Witness then gave in detail the events leading up to and including the alleged offence, which he stated took place on October 12th. He went home the same day.

To Mr O’Brien: Witness made a statement to Sergeant Matthews on Christmas Day; about a month after the offence took place witness mentioned it to his brother, aged about 23; he did not speak of it to anyone else till he made the statement to Sergt. Matthews on Christmas Day; witness had never spoken to accused till Oct. 12th; the event he described took place about a quarter of an hour after arriving at Maxton; he had gone to Maxton through Smith, who wanted to leave, and witness was to take his place; witness had known Smith about six months; witness went by himself to Sergeant Matthews’ place.

Charles Alfred Russell Smith (15), residing with his parents in Auburn-street, employed by accused last year, gave corroborative evidence; when Graham left, accused told witness to go after him and tell him not to be talking about it in town; witness did so, and Graham said, “All right;” a few days after a letter came to accused from Graham; accused told witness that Graham wanted £2; accused said he would send the money; next day accused gave £1 to witness and told him to give it to Graham and get a receipt; witness gave Graham the money, but did not get a receipt; about a fortnight afterwards witness, having left accused’s employ, met accused in town; accused gave him £1 and told him to give it to Graham; witness did so and made out a receipt, which was signed by Graham and a boy named Williamson; witness took the receipt to accused.

To Mr O’Brien: Witness did not know why £2 was given to Graham; witness had known Graham for three years; a grown-up brother of Graham was present when witness paid the money; the brother said nothing; witness got Williamson to sign the receipt, because Graham’s brother refused to witness it, saying he would not give a receipt; Graham was at Maxton for about half an hour.

Sergeant Matthews applied for a remand for a week, as a material witness was away and had to be found.

Mr O’Brien said in that case he would apply for bail.

Senior-sergeant Matthews opposed it.

The PM said he could not see why.

Remanded for a week. Bail allowed– self in £80 and two sureties of £40 or one of £80.

Three other charges of a similar nature were also postponed.

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Goulburn Evening Penny Post, Sat 20 Feb 1904 ⁷

GOULBURN POLICE COURT.
Friday, February 19.

Before the Police-Magistrate and Mr CH Roberts.
…

ALLEGED INDECENT ASSAULT.

Edward J Burmester was charged on remand with indecent assault.
Mr O’Brien appeared for the defence.
Evidence was given by two boys named Bernard Graham and Charles Alfred Russell Smith.
At this stage Senior-sergeant Matthews asked for a further remand of one week. He objected to bail.
The remand was granted.
The Bench did not see any reason why bail should be refused and accused was granted bail– self in £80, two sureties of £40 each, or one in £80.

OTHER CHARGES.

The hearing of three other charges was also postponed for a week under the same conditions of bail.

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The Goulburn Herald, Fri 26 Feb 1904 ⁸

GOULBURN POLICE COURT.
Friday [26 February]

Before Mr Maitland PM.
…

ALLEGED INDECENT ASSAULT.

Edward J Burmester, on remand, was charged with committing an indecent assault on Bernard Graham, a boy about fifteen years of age.

Mr O’Brien for accused.

The case heard with closed doors.

Bernard Graham, recalled, deposed that two days after he left accused’s place witness wrote a letter to him; a boy named Smith gave him £1 at March’s place at Ifield; about a week later he received another £1 from accused; Smith gave him the second pound.

Charles Alfred Russell Smith (about 13), recalled, gave evidence as to certain conversations and actions which he alleged had taken place while in accused’s employ, the particulars of which are unfit for publication.

Cecil Leeson (12), Frederick Buckman, Mrs Louisa Buckman and Leslie Mathews also gave evidence, the latter stating that he drove with accused to Breadalbane and the latter went away by the mail train; he gave the witness a cheque to take home and told him to ask Mrs Burmester to send the money to Albury.

Accused [Burmester] reserved his defence and was committed for trial at the Goulburn Circuit Court on 20th April.

EJ Burmester was also summoned for indecently assaulting Charles Alfred Russell Smith.

Mr O’Brien who appeared for accused, agreed that the evidence given in the previous case be put in.

The PM said in this case he would not say that an assault had not been committed, but there was not sufficient evidence to send the case for trial and he would dismiss it.

EJ Burmester was further summoned for indecently assaulting Frederick Buckman. The same procedure as to evidence was followed as in the previous case.

The PM considered the evidence stronger than in the last case, and accused, who reserved his defence, was committed for trial at the Goulburn Circuit Court on 20th April.

The same defendant was also committed for trial to the Circuit Court on 20th April for an alleged indecent assault on Cecil George Leeson.

Bail was allowed; in the first two cases accused in £80, and two sureties in £40 each or one in £80 in each case, and in the third case accused in £40 and two sureties in £20 each or one in £40.

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Goulburn Evening Penny Post, Sat 27 Feb 1904 ⁹

GOULBURN POLICE COURT.
Friday, Feb. 26.

Before the PM.
…

ALLEGED INDECENT ASSAULT.

Edward J Burmester stood charged with committing an indecent assault in October last. Mr O’Brien for the defence.

Further evidence was given by Bernard Graham and Charles AR Smith (recalled).

Under cross examination Smith first denied having said to anyone he never saw anything wrong in defendant’s conduct, but on being pressed by Mr O’Brien he admitted that he had spoken to Senior-constable Griffiths about the accused at the corner of Auburn and Montague-streets in which he told the constable that although he had been in the accused’s employ for 18 months he had not seen anything wrong in his conduct. He had forgotten that conversation when he first said to Mr O’Brien he had spoken to no one about accused. It was a lie he told Senior-constable Griffiths, and it was afterward witness saw Senior-sergeant Matthews.

Cecil George Leeson (12), Frederick Buckman (15) Louisa Buckman (mother of the last witness), and Leslie George Matthews (15) also gave new evidence of a corroborative nature.

The PM said he found a prima face case made out. In reply to the charge accused said he was not guilty and that he reserved his defence. He was committed for trial at the Circuit Court, to be held at Goulburn on 20th April.

In a second charge against the accused of a like character, the evidence given by him in the first case was at the request of Senior-sergeant Matthews and with the consent of Mr O’Brien, read over to Charles Alfred Russell Smith, and he stated it was correct.

The PM said while he would not say that an assault had not been committed he did not think there was sufficient evidence to send the case to a jury and he dismissed the case.

In a third charge against accused of a similar nature the same course was adopted, the previous depositions of Frederick Buckman, Cecil George Leeson, and Leslie George Matthews were read over to them and they deposed that they were correct.

Mr O’Brien submitted there was no evidence to justify the committal of the accused.

The PM held there was a prima facie case to go to a jury. Accused said he was not guilty and that he reserved his defence. He was committed to the Circuit Court on 20th April next.

In a third charge, the evidence given by him in the first case was read over to Cecil George Leeson.

On Frederick Buckman being recalled into the box, Mr O’Brien objected to evidence being given of other similar actions and the PM upheld the objection, and disallowed the evidence.

Accused was also committed on this charge to the Circuit Court on 20th April.

All these charges were heard with closed doors.

Bail was allowed in each case, the two first, self in £80 and two sureties of £40, or one of £80; in the other one self in £40 and two sureties of £20 each, or one of £40.

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Depositions for Edward James Burmester 21 Apr 1904 Goulburn trial ¹⁰

(a) Town.	Letter from Bench of Magistrates at ^(a) Goulburn
	transmitting Depositions
(b) Name in full of accused.	in the case Rex v. ^(b) Edward James Burmester
(c) Offence.	^(c) “Indecently assaulting a male person.”

(d) Town.	Police Office, ^(d) Goulburn
	29th February 1904
	Sir,
	I have the honor, by direction of the Bench of Magistrates,
	to transmit herewith the Depositions, and other documents in the
(e) Name of accused	case of ^(e) Edward James Burmester
(f) “His” or “her”	who has been committed to take ^(f) his
(g) “Circuit Court,” or “Quarter Sessions.”	trial at the ^(g) Circuit Court
	to be held at ^(h) Goulburn	on Wednesday
(h) Town where Court to be held.	the 20^th day of April 1904
	The accused is ⁽ⁱ⁾ confined in the Gaol at Goulburn
(i) “Is confined in the Gaol at …,” or “has been admitted to bail” (with full particulars as to sureties, addresses, occupations, and amounts, as set out in Recognizance.)
(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) Bernard Graham, of Grafton street, Goulburn, no occupation; Charles Alfred Russell Smith, of Auburn street, Goulburn, no occupation; Cecil George Leeson, of Eastgrove near Goulburn, no occupation; Frederick Buckman, of Bourke street, Goulburn, no occupation; Louisa Buckman, of Bourke street, Goulburn, wife of George Buckman; Leslie George Mathews, of Bishop street, North Goulburn, drover’s assistant; and David Low, of Goulburn, Constable of Police. All the witnesses except Constable Low, and Mrs Buckman, though minors, were bound over in their own several recognisances as there were no persons available to be bound over for their appearance. For the same reason Mrs Buckman was bound over in her own recognizance.
(l) Short description to enable identification.	The Exhibits enclosed are ^(l)
	I have the honor to be, Sir, Your obedient Servant,

	[Signed] G[eorge Theophilus] Saunders Boileau
	Clerk of Petty Sessions
The Under Secretary,
Department of the Attorney General and of Justice.
N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates
4g 201-90

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Recognizance of Bail.

04.3708

New South Wales, Goulburn
TO WIT. }

Be it remembered, that on the 8th day of March in the year of Our Lord one thousand nine hundred and four, Edward James Burmester, lately of Maxton, near Goulburn, in the State of New South Wales, George Washington Seaborn, of Parkes in the said State, stock and station agent and Andrew Seton Chisholm, of Belmore Street, Goulburn, in the said State, no occupation personally came before me, the undersigned, one of His Majesty’s Justices of the Peace for the said State, and severally acknowledged themselves to owe Our Sovereign Lord the King the several sums following (that is to say); the said Edward James Burmester the sum of eighty pounds; and the said George Washington Seaborn and Andrew Seton Chisholm the sum of forty pounds each, of good and lawful money of Great Britain, to be made and levied of their several goods and chattels, and lands and tenements respectively, to the use of our said Lord the King, his Heirs and Successors, if he the said Edward James Burmester shall fail in the condition indorsed.

[Signed] GW Seaborn, Andrew S Chisholm, EJ Burmester.

Taken and acknowledged, the day and year first above mentioned, at Goulburn, in the said State, before me.
[Signed] GS Boileau, JP.

CONDITION IN ORDINARY CASES.

The condition of the within written Recognizance is such, that whereas the said Edward James Burmester was on the 26th day of February, 1904, charged before Ernest Leslie Maitland, esquire, a Police Magistrate and one of His Majesty’s Justices of the Peace for the said State, for that he on the 12th day of October, 1903 at Maxton, near Goulburn in the said State, he the said Edward James Burmester, indecently did assault Bernard Graham, a male person if therefore the said Edward James Burmester will appear at the next Circuit Court to be holden at Goulburn in and for the State of New South Wales, on Wednesday the 20th day of April, 1904, at nine of the clock in the forenoon and then and there surrender himself into the custody of the Keeper of the Goal there, and plead to such information as may be filed against him for or in respect of the charge aforesaid, and take his trial upon the same, and not depart the said Court without leave – Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] GS Boileau, JP.

~ ~ ~ ~ ~

12.4.04

Will Mr Crown Prosecutor Edmunds please say whether [Senior Sergeant] Matthews attendance can be dispensed with.

I do not think Matthews’ attendance can be dispensed with.

14.4.04

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Subject re boy Stanley Percival Williamson a witness in the case of Police versus EJ Burmester committed for trial next Goulburn Circuit Court (20th April 04) for an indecent assault on male persons.

Police Station, Goulburn
8th March 1904.

Senior Sergeant Matthews reports.

That attached is a statement of the evidence that can be given by the boy Williamson referred to in the deposition of Graham and Smith witnesses in the above case; Williamson was subpoenaed to give evidence at the Police Court, and attended in the morning, but when he was called in the afternoon he was no there, and the Police Magistrate said he did not care about remanding the case again; perhaps it may be thought desirable to subpoena Williamson to attend the Circuit Court.
[Signed] EW Matthews, Senior Sergeant.

~ ~ ~ ~ ~

Goulburn
8th March 1904.

Stanley Percival Williamson states:– I am fourteen years of age, and am employed at Baxter’s Boot Factory Goulburn, and reside with my parents in George Street Goulburn; about a fortnight after eight hour day, I met Charlie Smith near McShane’s, corner of Auburn and Bradley Streets, he was driving a two-wheeled trap, and a bay horse, going north. I jumped into the trap with him and he drove to Bernard Graham’s house in George Street, where he saw Graham’s little brother who told him Bernard was over at Marsh’s, we then drove round to Marsh’s where we saw Bernard Graham, who said to Smith, “What is it you want?” Smith replied, saying “Here is a pound from Burmester,” and Smith gave Graham half a sovereign, and ten shillings in silver. Graham said “Where’s the other pound?” Smith said “You’ll get that some time next week and you’ll have to sign a receipt.” Graham said “All right,” and we drove away.
[Signed] SP Williamson.

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NEW SOUTH WALES POLICE.

Southern District,

Goulburn Station.
29th February 1904.

Report relative to antecedents of:–
Name: Edward James Burmester
Offence: Indecent assault on male persons
Committed for Trial at: Circuit Court
Date: 20th April 1904

Senior Sergeant Matthews reports:–

The Burmester is a grazier and a Justice of the Peace, there are no convictions against him except one for driving a vehicle without lights in December last, but he is a man of intemperate habits, and morally, of bad reputation.
[Signed] EW Matthews, Senior Sergeant.

Depositions of Witnesses.

New South Wales, Goulburn
TO WIT. }

The examination of David Low of Goulburn in the State of New South Wales, Constable of Police; Bernard Graham of Grafton Street, Goulburn in the said State, no occupation; Charles Alfred Russell Smith of Auburn Street, Goulburn in the said State, no occupation; Cecil George Leeson of Goulburn in the said State, but formerly of Granville in the said State, no occupation; Frederick Buckman of Bourke Street, Goulburn, in the said State, no occupation; Louisa Buckman of Bourke Street, Goulburn, in the said State, wife of George Buckman, and Leslie George Matthews of Bishop Street, North Goulburn, in the said State, drover’s assistant, taken on oath the 12th, 19th and 26th day of February in the year of Our Lord one thousand nine hundred and four at the Goulburn Police Office, in the said State, before the undersigned, one Police Magistrate and one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of Edward James Burmester who is charged before me for that he the said Edward James Burmester on the 12th day of October, in the year of Our Lord one thousand nine hundred and three at Maxton, near Goulburn in the said State, indecently did assault Bernard Graham, a male person.

Mr O’Brien appears for the accused: This deponent David Low on his oath saith as follows:– I am a Constable of Police stationed at Goulburn. On 27th January last I received accused and the warrant and depositions from the Police at Perth Western Australia. I conveyed him from there to Sydney New South Wales. I produce the Warrant and the depositions taken at Perth.
[Signed] David Low.

Taken and sworn this 12th day of February 1904, at Goulburn, in the State of New South Wales, before.
[Signed] EL Maitland, PM, S[amuel] Harborne Belcher, JP.

Examination adjourned and accused remanded till 19th instant. Bail refused.
Court House, Goulburn, 12th February, 1904.
[Signed] EL Maitland, PM S Harborne Belcher, JP.

This deponent Bernard Graham on his oath saith as follows:– I am fifteen years of age. I am not in employment. I reside with my parents in Grafton Street Goulburn with my parents. Some time ago I was at Maxton about 8 or 10 miles from Goulburn. I went there on 12th of October last. I reached Maxton about quarter past 12 in the afternoon. When I got there I saw accused in the yard. He asked could I milk, drive, swim, and play golf. I said “I can drive and chop wood but cannot milk or play golf.” A boy named Charlie Smith was present there beside accused. He was 5 or 6 yards from me and accused at the time. Accused said “You’ll suit.” He said “We are going for a swim now. There is a rug there on the fence, take that down and put it in the hut on the bunk.” We went to the river. Smith and accused went with me. There was a hut near the river. I went into the hut and laid the rug on the bunk. I then undressed myself in the hut. Accused and Charlie Smith came into the hut afterwards. I think they undressed in the hut. After undressing I went into the water and swam. The others went in too! I was in the water about 10 minutes. I came out first. Accused and Charlie Smith came out some time after. After accused came out I went in to the hut and he and Smith followed. Smith sat down on one side of the bunk. Accused laid on the bunk. He was naked. I was naked too. I dried myself. When I dried myself I went to put on my clothes.

Accused said “Don’t dress yourself, we are going in for a swim again.” He said “Sit up here on this bunk.” I did so. He said “Lay over this way.” I did so. He then caught hold of my heel and lifted my heel up. I was lying with my head in the opposite direction to accused’s head. Accused caught hold of me round by the leg and pulled me up towards him. I jumped down off the bunk. I said “I am not going to work for you.” Accused did nothing to me before that. I jumped down off the bunk and dressed myself. I recollect seeing Senior Sergeant Matthews on Christmas Day and what took place then. I recollect today what took place then. I made, and signed, a statement on Christmas Day, after it had been read over to me. The signature to the statement shown me is mine. The statement I made that day is something like that made today. I omitted to say today that accused whilst I was on the bunk got hold of my person and commenced to pull me about. Charlie Smith was present in addition to the accused when accused did that to me. He was about 5 yards from me and the accused. When I dressed accused said “Would you like to have a sit in the sun?” I said “Yes.” When I got outside I said something to Smith. Accused was then in the bunk reading the paper. I then went to the trap, got my clothes, and went home. They were additional clothes that I had taken out with me. On my way home I saw Smith. About a mile from

Maxton coming in the direction of Goulburn. He said something to me.

By Mr O’Brien: I left Smith and walked home. I made the statement at Senior Sergeant Matthews house on Christmas Day. There was no-one in the room at the Sergeant’s house. I spoke to my brother between the time I left Maxton and the time I made the statement to Sergeant Matthews about what took place at accused’s place. My brother is about 23 years of age. It was about a month after the 12th of October that I spoke to my brother. He was the only person that I mentioned it to, between the 12th of October and a month after. I had never spoken to accused before the 12th of October. That which took place in the hut occurred about a quarter of an hour after I got to max. I had previously worked for Watson serving papers. I also worked before that at Gillespie’s Boot Factory. I left there because I did not like the work. I worked 12 months for Watson. I left school when I was about 13. I went to school at South Goulburn Public School. I have never spoken to other boys about this matter. I did not speak to any boys outside the court about this matter this morning. Smith wanted to leave accused’s employ. He came for me to take the job. He told me I could stay there for a fortnight or a month and if the job suited me I could stay on.

I knew Smith for six months before I went to accused’s place. There was one room in the hut. Smith was about 5 yards distance when that happened of which I have spoken. No-one took me to Senior Sergeant Matthews’s house.
Re-examined by Senior Sergeant Matthews: I saw you before I went to your house on Christmas Day. I saw you that day previous to my going up to your place.
[Signed] Bernard Graham.

Taken and sworn this 19th day of February 1904, at Goulburn. in the State of New South Wales, before.
[Signed] EL Maitland, PM, Chas H Roberts, JP.

This deponent Charles Alfred Russell Smith on his oath said as follows:– I am 15 years of age. I live in Auburn Street Goulburn, with my parents. I am not in employment. I have known accused about 18 months. I was employed by accused last year as useful boy, at Maxton. I left there about 4 months ago. Just prior to my leaving Maxton I saw Bernard Graham the last witness, there, I do not recollect the date. I do not remember the month. It was in the latter part of last year. I only saw Graham talking to accused out there. I did not hear what was being said. It was about 12 o’clock in the day. Accused was talking to Graham about 10 minutes. Accused, Graham and I then went to the river. We went for a swim, the three of us. We remained swimming about 5 minutes. We then went into the hut and dried. The whole of us did so. Accused then laid on the bed. He told Graham to lay down on the bed. Graham did so. I saw accused put his hand on Graham’s privates. I do no recollect Graham saying anything. Graham next got up and dressed. Graham then said he was going home. When we all went into the hut accused told me to shut the door. After Graham had dressed himself he started for home. Accused said to me “Go after Graham and tell him not to be talking about it in town.” I did so. I met Graham, I told him what accused had told me to tell him. I then returned to Maxton and saw accused and told him that Graham said “All right”. During the next few days

a letter came to accused from Graham. I saw a part of that letter. Accused told me it came from Graham, and that he wanted two pounds. Accused did not say what Graham wanted the two pounds for. Accused said “I will send him the two pounds.” I saw the first portion of the letter. I think accused put the letter in his pocket. Next day accused gave me a pound made up of a half sovereign and half crowns. Accused said “Give this to Graham and get a receipt.” I saw Graham at his sister’s, Mrs Marsh. Stan Williamson was there at the time. I gave the money to Graham. I did not get a receipt. Accused told me that he would give Graham the other pound in about a fortnight’s time. I saw accused in town near Meyers’s store about 2 o’clock in the day, about a fortnight afterwards. I was not then at accused’s place. He told me to give a pound, which he gave me, to Graham. I gave that to Graham at his own place. Graham’s big brother was the only person present, I made out a receipt and Graham signed it. Williamson also signed it because I said something to him. I gave the receipt to accused.

By Mr O’Brien: I lived at Maxton about 18 months. While Graham and accused were on the bunk they were lying both the same way. I am sure of that. They were both naked. I do not know whether accused put his hand on Graham’s person accidentally or not. After Graham went away I did not say anything to accused. I do not know what Graham got the two pounds for. I have not told anyone since I left accused’s place that although I lived at accused’s place I never saw anything wrong with accused.

I asked Graham to go out to Maxton. I have known Graham three years. I have known Graham for a long time, it must be three years and have spoken to him often. I have not spoken to Graham during the last month I have not spoken to Graham about this matter. I first saw Graham after he left Maxton about a week afterwards. It was about 3 days after Graham left Maxton that I accused received a letter from Graham. I told Graham in his brother’s presence who the money was from. Graham’s brother stood by and saw the transaction take place. That was at Graham’s home in George Street. Graham’s brother did not say anything so far as I recollect. Graham asked me to write the receipt. Williamson was not present at the second payment. Williamson cam to Graham’s place after the second payment. Graham’s brother would not sign the receipt as he said he would not give a receipt. Graham’s brother was not there when Graham signed the receipt. I did not hear Graham’s brother tell Graham not to give a receipt. Graham’s brother heard me talking about it and said he would not give a receipt. We were all standing together out in the front of Graham’s place. About two hours elapsed before Graham went to Maxton and the time he left. They had dinner at Maxton about one o’clock. About half an hour elapsed from the time Graham arrived at Maxton till he left there. I drove Graham out to Maxton. Beside putting his hand on Graham’s privates accused did not put his hand anywhere else on Graham. If accused had put his hand on any other part of Graham beside his privates I would have seen it.

Re-examined by Senior Sergeant Matthews: I was watching the accused and Graham all the time they were in the hut.
[Signed] C Smith.

Taken and sworn this 19th day of February 1904, at Goulburn, in the State of New South Wales, before.
[Signed] EL Maitland, PM, Chas H Roberts, JP.

The King
v.
Edward James Burmester.

Indecently assaulting Bernard Graham.
Examination adjourned and accused remanded till 26th instant. Bail allowed accused in £80 with two sureties in £40 or one in £80.
[Signed] EL Maitland, PM, Chas H Roberts, JP.
Court House, Goulburn, 19th February, 1904.

This deponent Bernard Graham on his oath saith as follows:– After I left accused’s place, Maxton, I wrote him a letter. I wrote that letter two days after I left there. After I wrote that letter Smith the witness in this case came in the trap and gave me a pound at Marsh’s at Ruby Street, Ifield. It was a half sovereign and silver that Smith gave me. It was on the day after I wrote the letter that I got the money. I received another pound a week or a fortnight after I received the first pound. Smith, the same boy who gave me the first pound. gave me the second. That pound was made up of a half sovereign and silver. I received that at my own place at George Street, Goulburn. There was no person except Smith present when I received the first pound. A boy named Williamson was present when I received the second pound. It was accused’s vehicle that Smith was driving.

By Mr O’Brien: It was outside the house at Marsh’s that I received the first pound. It was outside my house on the footpath that I received the second pound. I heard Smithers evidence on 19th instant. A brother of mine was present when I received the second pound. I am not sure he was within hearing. My brother’s name is Mick. I do not know that my brother said I would not give a receipt. I did not hear my brother say that. I have not seen Smith since last Friday, 19th. Smith was driving the vehicle of accused when I received the first pound from him at Marsh’s.
[Signed] Bernard Graham.

Taken and sworn this 26th day of February 1904, at Goulburn, in the State of New South Wales, before.
[Signed] EL Maitland, PM.

This deponent Charles Alfred Russell Smith on his oath saith as follows:– I was in the employ of the accused nineteen months. I went to accused’s employ in April, 1902. I was useful boy for accused. I was getting six shillings per week. Whilst I was in accused’s employ a couple of days after I went there accused wanted me to jerk him off. While accused and I were in the paddock he said to me “How’s your old rooster?” I said, “What do you mean?” He said to me “Come over here and I’ll show you.” He then lay down. He pulled out his person. I was about 2 yards from accused then. He said “Will you?” I said “No.” Accused then got up and went up to the house. I went out to accused’s place in the buggy. Accused drove the buggy. It was about half past ten at night. On the way out accused said to me “Put your hand down here.” We were then not quite three miles on the road. I said “I will not.” Accused then caught hold of my hand and shoved it down on his person, which was not exposed. He shoved my hand down under his trousers. He said “You’ll have to do that if you are going to stop here.” Accused was driving along and tipped the buggy over and shot us out. Accused was under the influence of drink at that time. We got into the buggy again and drove to accused’s place. While at accused’s place about a month just after the time just referred to, accused wanted me to jerk him off. That happened in a paddock about 400 yards from his house. The paddock had briars growing in it. The briars are high, some being about 8 feet high. Accused said to me “How’s your rooster?” I made no reply. Accused did not say anything. Accused kept asking me the same question, “How’s your old rooster?” I did not do anything. Accused again said “Will you?” We were playing golf at the time. Nothing happened. About six weeks after that in the same paddock accused asked me again about 11 o’clock in the morning to jerk him off. He said “How’s your old rooster?” I said “I don’t know.” Accused

said nothing more. He did nothing. About three weeks after that down at the river about noon, at the Wollondilly River at accused’s bathing place accused said “How’s your old rooster?” We were dressed at the time. We went down to the river to swim. Accused and I swam. Accused asked me the question before I went into the water. I said in reply to his question, “I don’t know.” Accused did not say anything more then. Nothing happened after we had a swim. After that we went to the house. About a month afterwards down at the same river at the same place at about 2 o’clock in the afternoon, accused was in the river and I was on the bank, dressed. Accused said “How’s your old rooster?” I said “I don’t know.” Accused did not say or do anything then. After accused came out of the water he went to the bathing house. I was outside. I did not go inside at all. Accused got dressed. Nothing else happened then. About 5 weeks afterwards in the paddock accused was with me and said “How’s your old rooster?” I said “I don’t know.” Accused did not say or do anything. He then went round the paddock and up to the house. About 3 weeks after that when coming into Goulburn about half past twelve in the afternoon accused said “How’s your old rooster?” I said “I don’t know.” Accused said “Why won’t you do it?” I said “Because I won’t.” Nothing more took place. About a fortnight after that down at the bathing place, accused and I being there, accused said “How’s your old rooster?” I said “I don’t know.” Accused said “I will have to get another boy.” Accused did not say why, nor did he say any more. Nothing more happened. Accused got another boy named Baker. He remained on. I was going home the next day. I did not leave. Baker left and I remained on. Nothing more than that happened. I left about a week after that.

By Mr O’Brien: I remember you asking me on the 19th instant whether I stated to anyone that although I had been in the employ of the accused eighteen months I had not seen anything

wrong with him. that is correct. I did not tell anyone that. That is correct. I remember speaking to Senior Constable Griffiths at the corner of Auburn and Montague Streets, Goulburn. I told him that although I had been in the employ of accused for eighteen months I did not see anything wrong with him. When asked before about that I did not think of my having said to the Senior Constable Griffith. It was about three weeks ago that I spoke to Senior Constable Griffith. I do not remember what I said to him. I did say to Senior Constable Griffith what I have admitted. I told him a lie. It was after I had seen Senior Sergeant Matthews that I spoke to Senior Constable Griffith. It was about half past 10 in the morning that I spoke to Senior Constable Griffith.
[Signed] C Smith.

Taken and sworn this 26th day of February 1904, at Goulburn, in the State of New South Wales, before.
[Signed] EL Maitland, PM.

This deponent Cecil George Leeson on his oath saith as follows:– I am fourteen years of age. I have recently been employed at Mr Low’s dairy at Granville Street, Sydney. I received a summons to appear here today. I first came to know accused by going to work for him on 21st October, 1903. I saw an advertisement in the Goulburn Evening Penny Post. I saw accused at my parent’s place at Eastgrove. I had written to accused before that. It was in the morning that I saw accused. He said “Can you milk, drive and make yourself generally useful?” I said “Yes.” Accused said “The wages are five shillings per week.” I agreed to take the place. I went out to accused’s place on Wednesday, 21st October, 1903. About four days after I went to accused’s place in the afternoon, about 5 o’clock, I think, on the Bawbaw Road on the way to accused’s place. Accused was is the sulky with me and said to me “Rub my dick for me.” I said “No Sir.” Accused said “I shall give you two shillings a week to do it for me.” I said “No.” Accused said “Why?” I made no reply. That evening accused again said to me “You do it for me and I will give you two shillings per week.” I said “No, I shan’t.” I cannot recollect anything more happening while we went along in the buggy. A day or two after I was in the bathing shed on the river bank. Accused was in the bed in the shed. Accused and I went there for a swim. We had a swim. It was after we had the swim. Accused was undressed lying down on the bed. I was also lying down on the bed. Accused caught hold of my “dick” and kept rubbing it up and down. By “dick” I mean cock. Accused said “Do it to me.” I did it to him. Accused said “Ain’t it nice? Ain’t it good? It’s scrumptious.” Stuff came out of his “dick”. Accused said “That’s enough.” Accused said “Don’t tell anyone, I said, don’t tell anyone.” Accused said “That’s all right.” We then got dressed and went home. After that accused

used to do it to me and I used to do it to him sometimes in the shed and sometimes in the paddock, very nearly every day. That continued six weeks. I was in the employ of the accused six weeks and a day. I left there to work at Connoly’s [sic–Conolly’s] Mill. The shed as about a quarter of a mile from the homestead. The paddock is about a mile from the homestead. The shed can be seen from the top of a hill on the road. I did not see any person about while these things were going on. I said to accused “My father wants me to leave to go to Conolly’s as I have a chance of going there to learn the trade.

By Mr O’Brien: It is about a quarter of a mile from the road to the shed. There were servants employed at the house while I was there. Mrs Burmester was also there. No other person was present on any of the occasions when this took place. I have never done that to myself either before or since I told my brother about that after I had been subpoenaed and before I went to Granville. I saw Senior Sergeant Matthews at East Grove and he told me to come over to Goulburn. There was no person present but me and the Sergeant when I came to Goulburn. I did not see Smith this morning till I came into the Court and saw him in the box. I was talking to Matthews and Buckman this morning.

Re-examined by Senior Sergeant Matthews: It was about two months since I received the first subpoena, I came to Court in answer to that subpoena. I went to Granville about a week after I got that subpoena. I have been employed there ever since. I was there the Police served me with the summons to be here today.
[Signed] CG Leeson.

Taken and sworn this 26th day of February 1904, at Goulburn, in the State of New South Wales, before.
[Signed] EL Maitland, PM.

This deponent Frederick Buckman on his oath saith as follows:– I reside with my parents in Bourke Street, Goulburn. I first came to know accused on the 3rd or 4th of December last. He came to my place. He said “Do you want work?” I said “Yes.” I went out in the buggy with him. It was on Thursday night, I do not recollect the time. Cecil Leeson, the last witness, was in the buggy with me. I went to max. On a Sunday, that following the day on which I went out, between 10 and half past in the morning, I was down at the river swimming with accused. Accused was lying down on the bed in the place where they dressed. He had his swimmers on. I was on the bed too. Accused was playing with his cock. I could not see it. He caught hold of my hand and drew it across his side and put it on his cock. I drew my hand away. He said to me “You don’t mind doing it once a day, do you?” I made no reply. I got dressed. Accused had a bath and we then went up to dinner and accused drove me into Goulburn. We left a little after dinner. Accused drove me home. I saw my mother. I told her something. I saw accused after that. I went into the bedroom and spoke to my mother. Accused called out “Come on Fred.” I went with accused to Mr Briden’s to get a tooth pulled out. After the tooth was drawn accused drove me home. I went inside and was talking to my mother. Accused was standing out on the verandah. I went down the yard and ran away. I did not return to accused’s place at all.

By Mr O’Brien: When this happened accused had his trousers on. There was no-one else there beside.
[Signed] Frederick Buckman.

Taken and sworn this 26th day of February 1904, at Goulburn, in the State of New South Wales, before.
[Signed] EL Maitland, PM.

This deponent Louisa Buckman on her oath saith as follows:– I am the wife of George Buckman and reside in Bourke Street, Goulburn. I first met accused when he came to my place about the 3rd or 4th of December last, in the afternoon. There was no-one with him when he came first. Accused said “Is your boy named Willie in?” I said “Willie is not here.” Accused said “He’s been out to my place enquiring about a job. But I did not want a boy at the time he came out. I thought I would give him the first chance.” I said “Willie is not here, he had a job out at Mr Harris’s. I have another boy about the same size if he would suit you.” My son Frederick was not there. He was at the sale yards. Accused went away and came back again. It was about 7 o’clock in the evening when accused came back. Fred went out with him. I did not see Fred until the following Friday when he came in. Fred was by himself. He only came in for groceries for accused. He returned to accused’s place. I saw him again on the following Saturday morning, he came in with a very bad face. He was by himself. He remained in till his tooth ceased aching and then returned to accused’s place. I saw him again on the following Sunday afternoon between 2 and 3 o’clock. Accused came to the door. He called out “Are you there, Mrs Buckman? I have brought Freddie in to get his tooth out.” I went back into the room with Fred. Fred made a complaint to me in the bedroom. Accused was standing at the door waiting. Fred went away with accused to get his tooth out. They returned in about half an hour. Accused said “I brought your boy back, he stood it like a brick.” Accused said “I want to get home as soon as I can with the boy, out of the cold.” With that Fred made an excuse that he wanted to go down the yard. Fred did not come back. Accused kept saying “I wish he would come.” After a while accused went away saying “I will go down the street and try to find him.” Accused returned about 6 o’clock.

He said “Perhaps Fred has a meet on and will come out later on.” Accused left. Accused called again the next morning about 11 o’clock. He said “Did Fred return?” I said “Yes.” He said “Did he tell you his reasons for not coming out?” I said “That is best known to himself. You had better ask him, he is down the street.” Accused said “I will go down and see him.” I did not see accused after that for about a week. He came to my place one night. He said “Is Mr Buckman in?” My husband went out. I heard him bid him good night. I went out to the door. Accused said “Good night” and wanted to shake hands. I said “I do not want to shake hands with you.” He said “You believe those yarns, then, your boy has told about me?” I said “Yes. He is not the only one.” Accused had a boy with him named Leslie Matthews. He said “Here’s a boy, here you can speak for me.” I said “It’s no use your bringing that boy here because he was the first to tell my boys about your carrying on.” I said “Didn’t you.” Les Matthews hung his head and said nothing. Accused went up towards the front gate and called my husband to him. My son Leslie followed him up. Accused turned round and said “Hunt that little bugger back.” I did not hear any more that took place.

By Mr O’Brien: Accused was under the influence of drink that night. My husband, young Mathews and accused were there that night.
[Signed] Louisa Buckman.

Taken and sworn this 26th day of February 1904, at Goulburn, in the State of New South Wales, before.
[Signed] EL Maitland, PM.

This deponent Leslie George Mathews on his oath saith as follows:– I am fifteen years and three months of age. I received a summons to be here this morning. I was served at Cowra. My home is in Bishop Street, North Goulburn. I have been droving lately. When Frederick Buckman left accused’s place he told me something. I saw accused in front of Higgin’s Bakery in Auburn Street, Goulburn. I asked accused for a billet. He said “Go on straight out to my place at max. That was about the 7th of December last. I went out to accused’s place. About a week after I went to accused’s place in the daytime, in the morning, while accused and I were down swimming something happened. We came out of the water just before dinner. Accused said “Do you mind giving me a turn?” I said “What do you mean?” He said “Well do you mind jerking me off?” I said “No.” Accused said “Well if you don’t I’ll pile the bloody work onto you.” We went down to dinner after dressing. We came into town driving after that. When we were returning to Maxton, accused said “Will you give me a turn?” I said “No.” He then put my hand on his person. His person was then exposed. I said “No, I won’t do it!” I then pulled my hand away. Accused did not say anything then. We came into town about three days after that happened had been at and drove to accused’s place to Mrs Buckman’s in Bourke Street. When we were coming into Mrs Buckman’s accused said “Are you on my side or Mrs Buckman’s?” I said “On your side.” He said “All right.” He then went to the gate and sang out “Buckman!” Accused got no answer and said “Come on down to the house.” He went down to the house and asked for Buckman. Mr Buckman came out. Accused said “Where’s Freddie?” Mr Buckman said “Down the street.” Accused then called Mrs Buckman out. He said “Where’s Freddie?” Mrs Buckman said “Down the street.” He said “What lies has he been telling about ‘bummy’?” Mrs Buckman said “It’s no lies.” That’s all I remember.

occurring at Buckman’s. Accused was drunk. We returned to max. That night going home accused said “Will you give me a turn?” I said “No.” I did nothing. I did not say any more then. I drove accused into Goulburn next day. I drove him to the court for not having lights while driving in Auburn Street. I drove accused back home after the court. That’s all that happened till Senior Sergeant Matthews brought out the summonses. After the Sergeant left accused said “I’m going into town to see Mr O’Brien. Accused rode into town on horseback. Accused came home in the evening. He said “Harness up the horses named Nugget, I have a long way to go tonight.” I put the horse in. We had tea. About 7 o’clock we left Maxton. When accused was laving accused said “Do you think I ought to face it or go?” I said “I don’t know, you can please yourself.” Accused also said “I have seen Mr O’Brien and asked him which is the best, to go or shoot myself?” Mr O’Brien said “Leave the gun till the last and go.” I asked Mr O’Brien “Will I face it?” Mr O’Brien said “No.” I asked Mr O’Brien “Do you think I’ll get bail?” Mr O’Brien said “Yes, you’ll get bail but the Police will watch you like a cat watching a mouse!” Accused and I then drove to Breadalbane. That is 15 miles from Goulburn. All the way along accused kept saying “I think I’ll face it.” When we get to Parkesbourne I said to accused “How far have we to go?” He said “Only to Breadalbane.” He said “I have a five pound cheque I want to cash, I want to get there early. I think Tom Apps will change it for me.” When we got to Breadalbane accused could not get the cheque changed at Apps. He then gave it to me to take back to Mrs Burmester. He said “Tell Mrs Burmester to cash it and send the money on to me to Albury. Accused went away on a train which left Breadalbane at half past three in the morning for Albury. I drove back to Maxton.

By Mr O’Brien: I was in court when I was about nine years old for stealing books. That is the only time I have been in court otherwise than as a witness. I was discharged on that occasion. Accused was drunk on the evening we were at Buckman’s. It was after nightfall when we left Buckman’s. It was after 12 in the night when we got Maxton. It is six miles from Goulburn to Maxton. Accused did not put his hand on my person. There was no-one present but accused and me when anything of that kind happened.
[Signed] Leslie Matthews.

Taken and sworn this 26th day of February 1904, at Goulburn, in the State of New South Wales, before me.
[Signed] EL Maitland, PM.

(F. 2 – “Justices Act, 1902.”)

Statement of the Accused.

State of New South Wales, Goulburn
TO WIT. }

Edward James Burmester (hereinafter called the defendant) stands charged before the undersigned, Police Magistrate and one of His Majesty’s Justices of the Peace in and for the said State, this 26th day of February in the year of Our Lord one thousand nine hundred and four for that he, the said defendant, on the 12th day of October, 1903 at Maxton, near Goulburn, in the said State, indecently did assault Bernard Graham, a male person, and the said charge being read to the said defendant, and the witnesses for the prosecution, David Low of Goulburn in the said State, Constable of Police; Bernard Graham of Grafton Street, Goulburn, in the said State, no occupation; Charles Alfred Russell Smith of Auburn Street, Goulburn in the said State, no occupation; Cecil George Leeson lately of Granville near Sydney in the said State, employed in dairy; Frederick Buckman of Bourke Street, Goulburn in the said State, no occupation; Louisa Buckman of Bourke Street, Goulburn, in the said State, wife of George Buckman and Leslie George Matthews of Bishop Street, North Goulburn in the said State, drover’s assistant. 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 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 that 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 am not guilty. I reserve my defence.” [Signed] EJ Burmester.

Taken before me and read over to the said defendant at Goulburn in the said State, the day and year first above mentioned.
[Signed] EL Maitland, PM.

G. 190.

New South Wales, Goulburn
TO WIT. }

REX.
versus
Edward James Burmester

Offence,— “Indecently assaulting a male person.”

The accused stands committed to take trial at the next Court of Circuit Court to be holden at Goulburn, in the State of New South Wales, on the twentieth day of April 1904. Bail allowed the accused in £80 and two sureties in £40 each, or one in £80

[Signed] EL Maitland, PM

JP.

Dated at the Police
Office, Goulburn
in the said State,
this twenty sixth
day of February
AD 1904
4g 416 - 88

25-27

“Justices Act, 1902.”

Recognizance to give Evidence.

New south Wales, Goulburn
TO WIT. }

Be it remembered, that on the 26th and 27th day of February in the year of Our Lord one thousand nine hundred and four, Bernard Graham of Grafton Street, Goulburn in the State of New South Wales, no occupation; Charles Alfred Russell Smith of Auburn Street, Goulburn in the State of New South Wales, no occupation; Cecil George Leeson of East Grove near Goulburn in the said State, no occupation; and Frederick Buckman of Bourke Street, Goulburn, in the said State, no occupation; Louisa Buckman of Bourke Street, Goulburn, in the State of New South Wales, wife of George Buckman; and Leslie George Matthews, of Bishop Street, North Goulburn in the State of New South Wales, drover’s assistant; David Low a Constable of Police, stationed at Goulburn in the State of New South Wales, personally came before the undersigned, one of His Majesty’s Justices of the Peace for the State of New South Wales, 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 on their goods and chattels, lands and tenements, 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] Bernard Graham, Charles Smith, Cecil Leeson, Frederick Buckman, Louisa Buckman, Leslie Matthews and David Low.

Taken and acknowledged, the day and year first above mentioned, at Goulburn in the said State, before me.
[Signed] EL Maitland, PM.

The condition of the within written Recognizance is such, that whereas Edward James Burmester was this day charged before Ernest Leslie Maitland, esquire, a Police Magistrate, and one of His Majesty’s Justices of the Peace for the said State, for that he, the said Edward James Burmester on the 12th day of October, 1903, at Maxton, near Goulburn, in the said State, indecently did assault Bernard Graham, a male person.

If therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Goulburn in and for the State of New South Wales, on the 20th day of April, 1904, 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 Edward James Burmester for the offence, to the jurors who shall pass upon the trial of the said Edward James Burmester.

Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] EL Maitland, PM.

~ ~ ~ ~ ~

Police Charge, No. 46.

Court of Petty Sessions, Goulburn.
12th February, 1904.

Edward James Burmester.

By warrant. – Indecently assaulting one Bernard Graham, a male person, at Goulburn, on 12th October, 1903.

~ ~ ~ ~ ~

(R. 1, 11 & 12 Vic., Cap. 42.)

Warrant to Convey the Accused before a Justice of the District in which the Offence was Committed.

To the Senior Officer of Police at Sydney in the Metropolitan Police District in the State of New South Wales, of the Police Force of the said State and to all other Constables, and to all Keepers of Gaols and Keepers of Lock Ups in the said State

Whereas Edward James Burmester (44), (hereinafter called the accused) of Maxton near Goulburn 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 he the said accused did, at Maxton near Goulburn in the State aforesaid, on the 12th day of October 1903 indecently assault one Bernard Graham a male person, such being an offence punishable by law in this State.

And whereas I have taken the deposition of Constable David Low a witness examined by me in this behalf; but inasmuch as I am informed that the principal witness to prove the said offence against the said accused reside at Goulburn in the said State, where the said offence is alleged to have been committed: these are therefore to command you, the said Officer of Police and all other Constables as aforesaid in His Majesty’s name, forthwith to take and convey the said accused to Goulburn aforesaid, and there carry him before some Police Magistrate 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 therefore further command you, the said Officer of Police and all other Constables as aforesaid to deliver to the said Police Magistrate or Justice or Justices the warrant in this behalf, and also the said deposition of the said Constable David Low now given into your possession for that purpose, together with this precept.

Given under my hand and seal, this 11th day of February in the year of Our Lord one thousand nine hundred and four at Sydney in the District aforesaid.
[Signed] George H Smithers, SM.

~ ~ ~ ~ ~

Edward James Burmester

44, grazier, Ireland, CE, R & W.

Indecently assault on Bernard Graham a male person at Goulburn in the State of New South Wales, on the 12th October 1903.

~ ~ ~ ~ ~

Under “Fugitive Offenders Act , 1881,” Part II.

Western Australia,
TO WIT. }

Warrant Ordering Return.

To Police Constable David Low and to all Constables in the Police Force for the said State of Western Australia, and to all Governors of Gaols, Gaolers and Lock Up Keepers in the said State, or in any British possession.

Whereas Edward James Burmester (hereinafter called the accused) late of Maxton near Goulburn in the State of New South Wales, was on this 26th day of January 1904, brought before me, a Magistrate in and for the State of Western Australia, by virtue of a warrant under the hand and seal of Stephen Murphy Esquire, a Justice of the Peace in and for the State of New South Wales, and which said warrant was endorsed by esquire, a Justice of the Peace in and for the State of Western Australia, pursuant to “the Fugitive Offenders Act, 1881,) wherein the accused is charged with having committed an offence to which Part II of the said Act is applicable, that is to say, that the said accused on or about the 12th day of October 1903, at Maxton near Goulburn in the State of New South Wales did indecently assault one Bernard Graham, a male person, such being an offence punishable by law in the State of New South Wales.

And whereas I am satisfied that the warrant so endorsed is duly authenticated as directed by the said Act, and was issued by a person having lawful authority to issue the same, and (?) oath of Police Constable David Low and the accused is the person named in the warrant: these are therefore to command you, the said Constable, in His Majesty’s name, forthwith to take the said accused and him safely convey to Sydney in the Colony of New South Wales, 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 hereby further command you, the said Constable, to deliver to the said Justice or Justices the said warrant, and also the deposition of David Low now given into your possession for that purpose, together with this precept.

Given under my hand and seal this 26th day of January in the year of Our Lord one thousand nine hundred and four at the Police Court, Perth in the State of Western Australia.
[Signed] William (A ?) G[ardener] Walker, Acting PM.

~ ~ ~ ~ ~

Warrant in the First Instance.

To Sub-Inspector Richard Roden 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 Edward James Burmester did, at Maxton near Goulburn in the State aforesaid, on the 12th day of October in the year of Our Lord one thousand nine hundred and three unlawfully indecently assault one Bernard Graham, a male person, such being an offence punishable by law in this State and 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 Edward James Burmester 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 said information, and to be further dealt with according to law.

Given under the hand and seal, this 29th day of December in the year of Our Lord one thousand nine hundred and three at Goulburn in the State aforesaid.
[Signed] Stephen Murphy, PM.

I William (?) Gardener Walker Esquire, one of His Majesty’s Justices of the Peace in and for the State of Western Australia, and Acting Police Magistrate in the said State, being satisfied that the within written warrant was issued by a person having lawful authority to issue the same, do hereby authorise all of the persons to whom the Warrant was originally directed, and also every Constable of Western Australia, and also Police Constable David Low who bringeth me the within written Warrant, to execute the said Warrant within the said State of Western Australia, by apprehending Edward James Burmester, the person named in the said Warrant, and bring him before me or some other Justice or Justices of the Peace in and for the said State.

Dated this 26th day of January 1904, at Perth aforesaid.
[Signed] WAG Walker, Acting PM.

~ ~ ~ ~ ~

Information – (General Purposes).

No. 76

New South Wales, Goulburn
TO WIT. }

40 of 1900 Sec 81

Be it remembered, that on this 29th day of December in the year of Our Lord one thousand nine hundred and three at Goulburn in the State of New South Wales, Ernest William Matthews, Senior Sergeant of Police of Goulburn 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 oath informs me, that on the 12th day of October in the year of Our Lord one thousand nine hundred and three at “Maxton” near Goulburn in the State aforesaid, one Edward James Burmester did indecently assault one Bernard Graham a male person, such being an offence punishable by law in this State contrary to the Act in such case made and provided; whereupon the said Ernest William Matthews prays that I, the said Justice, will proceed in the premises according to law.
[Signed] EW Matthews.

Sworn at Goulburn in the said State, on the day first above written, before me.
[Signed] Stephen Murphy, PM.

~ ~ ~ ~ ~

26th January 1904

EJ Burmester

David Low: I am a Police Constable at Goulburn New South Wales. I produced the original warrant for arrest of EJ Burmester, signed by Stephen Murphy PM on the charge of indecently assaulting a male person. I identify the signatures as that of Mr Stephen Murphy PM I identify the prisoner the offence is punishable by law in the State of New South Wales. I ask for a remand to Sydney New South Wales.
[Signed] David Low.

~ ~ ~ ~ ~

David Low on oath saith:–

I am a Police Constable stationed at Goulburn, New South Wales.

I received the depositions and warrant produced at Perth, Western Australia, and also the prisoner. I brought the accused to Sydney, New South Wales, and I now pray for his remand to Goulburn, New South Wales, where the offence is alleged to have been committed and where the witnesses, reside.
[Signed] David Low.

Taken and sworn at the Central Police Court, Sydney this 11th day of February 1904 before me.
[Signed] George H Smithers, SM.

~ ~ ~ ~ ~

Edward James Burmester

Indecent assault on male person.
Remanded to Goulburn Police Court to be further dealt with.
[Signed] George H Smithers, SM.

Central Police Court, Sydney, 11th February 1904.
Subject: Enquiring for the address of boy Bernard Graham a material witness in the case of Police versus Burmester.

Police Station, Goulburn.
14th February 1904.

Senior Sergeant Matthews reports.

That it is said Mrs Doyle of Bungendore can give the address of the above named witness.
[Signed] EW Matthews, Senior Sergeant.

Senior Constable Maude will please obtain Graham’s address and forward same as soon as possible.
[Signed] R Roden, Sub-Inspector.
14.2.04.

~ ~ ~ ~ ~

Senior Constable Maude reports that Bernard Graham is at present at Mrs Doyle’s residence, Ashbey near Bungendore.
[Signed] Mr O’Brien Maude, Senior Constable.
15.2.04.

~ ~ ~ ~ ~

Deposition that Person Material Witness.

New South Wales, Goulburn
TO WIT. }

The deposition of Ernest William Matthews of Goulburn in the State of New South Wales, Senior Sergeant of Police taken on oath before me, the undersigned, one of His Majesty’s Justices of the Peace in and for the State of New South Wales, at Goulburn in the said State, this 16th day of February in the year of Our Lord one thousand nine hundred and four who saith:– Bernard Graham of Ashbey near Bungendore in the said State, is likely to give material evidence on behalf of the Crown, the prosecutor in this behalf, touching the matter of the Charge of the Crown against Edward James Burmester for indecently assaulting Bernard Graham, a male person, at Goulburn on 12th October, 1903 and I verily believe that the said Bernard Graham will not voluntarily appear for the purpose of being examined as a witness at the time and place appointed for the hearing of such Charge namely, on Friday the 19th day of February 1904 at 10 o’clock in the forenoon and I therefore pray that process may be issued according to law.
[Signed] EW Matthews.

Taken on oath at Goulburn aforesaid, on the day first above written, before me.
[Signed] GS Boileau, JP.

~ ~ ~ ~ ~

Deposition that Person Material Witness.

New South Wales, Goulburn
TO WIT. }

The deposition of Ernest William Matthews of Goulburn in the State of New South Wales, Senior Sergeant of Police taken on oath before me, the undersigned, one of His Majesty’s Justices of the Peace in and for the State of New South Wales, at Goulburn in the said State, this nineteenth day of February in the year of Our Lord one thousand nine hundred and four who saith: Leslie George Matthews of Goulburn in the said State, drover’s labourer is likely to give material evidence on behalf of the Crown in this in this behalf, touching the matter of the charge of indecently assaulting a male person against Edward James Burmester and I verily believe that the said Leslie George Matthews will not voluntarily appear for the purpose of being examined as a witness for the Crown at the time and place appointed for the hearing of such charge namely, on Friday the 26th day of February 1904 at Goulburn I therefore pray that process may be issued according to law.
[Signed] EW Matthews.

Taken on oath at Goulburn aforesaid, on the day first above written, before me.
[Signed] GS Boileau, JP.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Circuit Court.
Goulburn
20th April 1904
AG’s No. 128 04/62
Depositions.
CS’s No. 5
Rex
v.
Edward James Burmester
Indecent assault on a male person
Committed at: Goulburn
on: 26th February 1904

~ ~ ~ ~ ~

Court. Goulburn
Date. 22 April 04
Cor. Cohen. J. Judge
Plea.
Verdict.
No appearance
Judgment.
Cohen J. ordered the recognisances of accused and sureties to be estreated
[Signed] N Edmunds, Crown Prosecutor.
Note.– In event of postponement, it should be stated whether accused admitted to bail.

~ ~ ~ ~ ~

Indecent assault on a male person.
[Signed] Hugh Pollock S[olicitor] G[eneral]
4.3.04

Edward James Burmester, 1904–II

Depositions for Edward James Burmester 21 Apr 1904 Goulburn trial ¹¹

(a) Town.	Letter from Bench of Magistrates at ^(a) Goulburn
	transmitting Depositions
(b) Name in full of accused.	in the case Rex v. ^(b) Edward James Burmester
(c) Offence.	^(c) “Indecently assaulting a male person.”

(d) Town.	Police Office, ^(d) Goulburn
	29th February 1904
	Sir,
	I have the honor, by direction of the Bench of Magistrates,
	to transmit herewith under separate cover the Depositions, and other documents in the
(e) Name of accused	case of ^(e) Edward James Burmester
(f) “His” or “her”	who has been committed to take ^(f) his
(g) “Circuit Court,” or “Quarter Sessions.”	trial at the ^(g) Circuit Court
	to be held at ^(h) Goulburn	on Wednesday
(h) Town where Court to be held.	the 20^th day of April 1904
	The accused is ⁽ⁱ⁾ confined in the Gaol at Goulburn
(i) “Is confined in the Gaol at …,” or “has been admitted to bail” (with full particulars as to sureties, addresses, occupations, and amounts, as set out in Recognizance.)
(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) is Cecil George Leeson, of Eastgrove, near Goulburn, no occupation. Though a minor, his own recognizance to give evidence taken as there was no person available to enter into a recognizance for his appearance in that behalf.
(l) Short description to enable identification.	The Exhibits enclosed are ^(l)
	I have the honor to be, Sir, Your obedient Servant,

	[Signed] G[eorge Theophilus] Saunders Boileau
	Clerk of Petty Sessions
The Under Secretary,
Department of the Attorney General and of Justice.
N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates
4g 201-90

~ ~ ~ ~ ~

Recognizance of Bail.

04.3708

New South Wales, Goulburn
TO WIT. }

Taken and acknowledged, the day and year first above mentioned, at Goulburn, in the said State, before me.
[Signed] GS Boileau, JP.

CONDITION IN ORDINARY CASES.

Depositions of Witnesses.

New South Wales, Goulburn
TO WIT. }

The examination of Cecil George Leeson of Eastgrove, near Goulburn, in the State of New South Wales, and formerly of Granville, near Sydney, in the said State, no occupation, taken on oath this 26th day of February, in the year of Our Lord one thousand nine hundred and four at the Goulburn Police Office, in the said State, before the undersigned, Police Magistrate, and one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of Edward James Burmester who is charged this day before me for that he the said Edward James Burmester during the months of October and November, in the year of Our Lord one thousand nine hundred and three at Maxton, near Goulburn, in the said State, indecently did assault Cecil George Leeson, a male person.

At the request of Senior Sergeant Matthews and of Mr O’Brien, Attorney on behalf of the accused, Edward James Burmester, the deposition of Cecil George Leeson taken on the 26th day of February, 1904 is read over to him.

This deponent Cecil George Leeson on his oath saith as follows:– The deposition taken on the 26th day of February, 1904 [see above] and just read over to me is mine and is correct.
[Signed] CG Leeson.

Taken and sworn this 26th day of February 1904, at Goulburn, in the State of New South Wales, before.
[Signed] EL Maitland, PM.

(F. 2 – “Justices Act, 1902.”)

Statement of the Accused.

New South Wales, Goulburn
TO WIT. }

Edward James Burmester (hereinafter called the defendant) stands charged before the undersigned, ----- of His Majesty’s Justices of the Peace in and for the said State, this 26th day of February, in the year of Our Lord one thousand nine hundred and four for that he, the said defendant, during the months of October and November 1903, at Maxton, near Goulburn, in the said State, indecently did assault Cecil George Leeson, a male person and the said charge being read to the said defendant, and the witness for the prosecution, Cecil George Leeson, of Eastgrove, near Goulburn, in the said State, but formerly of Granville, near Sydney, in the said State, no occupation, 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 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 am not guilty. I reserve my defence.” [Signed] EJ Burmester.

Taken before me and read over to the said defendant at Goulburn in the said State, the day and year first above mentioned.
[Signed] EL Maitland, PM.

G. 190.

New South Wales, Goulburn
TO WIT. }

REX.
versus
Edward James Burmester

Offence,— “Indecently assaulting a male person.”
The accused stands committed to take his trial at the next Court of Circuit Court to be holden at Goulburn, in the State of New South Wales, on the twentieth day of April 1904. Bail allowed the accused in £40 and two sureties in £20 each, or one in £40

[Signed] EL Maitland, PM

JP.

Dated at the Police
Office, Goulburn
in the said State,
this twenty sixth
day of February
AD 1904
4g 416 - 88

“Justices Act, 1902.”

Recognizance to give Evidence.

New South Wales, Goulburn
To Wit. }

Be it remembered, that on the 26th day of February, in the year of Our Lord one thousand nine hundred and four Cecil George Leeson of Eastgrove, near Goulburn in the State of New South Wales, but formerly of Granville near Sydney, in the said State, no occupation; personally came before the undersigned, one of His Majesty’s Justices of the Peace for the State of New South Wales, and acknowledged himself to owe Our Sovereign Lord the King the sum of

FORTY POUNDS

of good and lawful money of Great Britain, to be made and levied on his goods and chattels, lands and tenements, respectively, to the use of our said Lord the King, his Heirs and Successors, if he the said before mentioned person shall fail in the condition indorsed.
[Signed] Cecil Leeson.

Taken and acknowledged, the day and year first above mentioned, at Goulburn in the said State, before me.
[Signed] EL Maitland, PM.

The condition of the within written Recognizance is such, that whereas Edward James Burmester was this day charged before Ernest Leslie Maitland, esquire, a Police Magistrate, and one of His Majesty’s Justices of the Peace for the said State, for that he, the said Edward James Burmester, during the month of October and November, 1903, at Maxton, near Goulburn, in the said State, did indecently did assault Cecil George Leeson, a male person.

If therefore, he the before mentioned person shall appear at the next Circuit Court to be holden at Goulburn in and for the State of New South Wales, on the 20th day of April, 1904, at nine of the clock in the forenoon, and then and there give such evidence as they [sic] know, upon and information to be then and there preferred against the said Edward James Burmester for the offence aforesaid, to the jurors who shall pass upon the trial of the said Edward James Burmester.

Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] EL Maitland, PM.

Summonses Case No. 287-1903

Court of Petty Sessions, Goulburn
29th December 1903.

Sub-Inspector Richard Roden versus Edward James Burmester committing an indecent assault upon Cecil George Leeson, a male person. Plea:– Postponed – see summons case No. 286.
[Signed] Stephen Murphy, PM, S Harborne Belcher, JP.

No. 71

Re 29:12:03

Information – (General Purposes).

New South Wales, Goulburn
TO WIT. }

Crimes Act, Section 81.

Be it remembered, that on the 19th day of December in the year of Our Lord one thousand nine hundred and three at Goulburn in the State of New South Wales, Richard Roden Sub-Inspector of Police of Goulburn 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 oath informs me, that during the month of October and November in the year of Our Lord one thousand nine hundred and three, at “Maxton” near Goulburn, in the State aforesaid, Edward James Burmester did indecently assault Cecil George Leeson, a male person contrary to the Act in such case made and provided; whereupon the said Richard Roden prays that I, the said Justice, will proceed in the premises according to law.
[Signed] R Roden.

Sworn at Goulburn in the said State, on the day first above written before me.
[Signed] GS Boileau, JP.

Subpoena required for Cecil George Leeson of Goulburn.

NEW SOUTH WALES POLICE.

Application for Summons.

Senior Sergeant Matthews is directed to apply to the Magistrates of the Police Court at Goulburn for a Summons against Edward James Burmester at “Maxton” near Goulburn for committing an indecent assault upon Cecil George Leeson a male person during the months of October and November 1903.
(Signature of Officer or Sergeant) [Signed] R Roden, Sub-Inspector.
Goulburn Station,
19th day of December 1903.
Returnable Thursday 31st December 1903.

Sub-Inspector Richard Roden.
versus
Edward James Burmester.

Indecently assaulting Cecil George Leeson. Examination adjourned and accused remanded till 26 February, 1904, bail allowed accused in £80 with two sureties in £40 or one in £80.
[Signed] EL Maitland, PM, Chas H Roberts, JP.

26:2:04

Deposition that Person Material Witness.

New South Wales,
TO WIT. }

The deposition of Ernest William Matthews of Goulburn in the State of New South Wales, Senior Sergeant of Police taken on oath before me, the undersigned, one of His Majesty’s Justices of the Peace in and for the State of New South Wales, at Goulburn in the said State, this 22nd day of February, in the year of Our Lord one thousand nine hundred and four who saith: Cecil George Leeson of Granville in the said Colony, is likely to give material evidence on behalf of the Crown in this behalf, touching the matter of the charge of indecently assaulting a male person against Edward James Burmester and I verily believe that the said Cecil George Leeson will not voluntarily appear for the purpose of being examined as a witness for the Crown at the time and place appointed for the hearing of such charge namely, on Friday the 26th day of February, 1904 at the Police Court Goulburn and I therefore pray that process may issue according to law.
[Signed] EW Matthews.

Taken on oath at Goulburn aforesaid, on the day first above written, before me.
[Signed] GS Boileau, JP.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Circuit Court.
Goulburn
20th April 1904
AG’s No. 129 04/61
Depositions.
CS’s No. 6
Rex
v.
Edward James Burmester
Indecent assault on a male person
Committed at: Goulburn
on: 26th February 1904

~ ~ ~ ~ ~

Court. Goulburn
Date. 22 April 04
Cor. Cohen. J. Judge
Plea.
No appearance
Verdict.
The Judge ordered the recognisances of accused and his sureties to be estreated
Judgment.
[Signed] N Edmunds, Crown Prosecutor.
Note.– In event of postponement, it should be stated whether accused admitted to bail.

~ ~ ~ ~ ~

Indecent assault on a male person.
[Signed] Hugh Pollock S[olicitor] G[eneral]
4.3.04

Edward James Burmester, 1904–III

Depositions for Edward James Burmester 22 Apr 1904 Goulburn trial ¹²

(a) Town.	Letter from Bench of Magistrates at ^(a) Goulburn
	transmitting Depositions
(b) Name in full of accused.	in the case Rex v. ^(b) Edward James Burmester
(c) Offence.	^(c) “Indecently assaulting a male person.”

(d) Town.	Police Office, ^(d) Goulburn
	29th February 1904
	Sir,
	I have the honor, by direction of the Bench of Magistrates,
	to transmit herewith under separate cover the Depositions, and other documents in the
(e) Name of accused	case of ^(e) Edward James Burmester
(f) “His” or “her”	who has been committed to take ^(f) his
(g) “Circuit Court,” or “Quarter Sessions.”	trial at the ^(g) Circuit Court
	to be held at ^(h) Goulburn	on Wednesday
(h) Town where Court to be held.	the 20^th day of April 1904
	The accused is ⁽ⁱ⁾ confined in the Gaol at Goulburn
(i) “Is confined in the Gaol at …,” or “has been admitted to bail” (with full particulars as to sureties, addresses, occupations, and amounts, as set out in Recognizance.)
(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) Frederick Buckman of Bourke street, Goulburn, no occupation; Cecil George Leeson, of Eastgrove, near Goulburn, no occupation; and Leslie George Mathews, of Bishop street, North Goulburn, drover’s assistant. There being no person available to enter into a recognizance in respect of each of the foregoing witnesses, who are all minors, their own several recognisances to give evidence were taken.
(l) Short description to enable identification.	The Exhibits enclosed are ^(l)
	I have the honor to be, Sir, Your obedient Servant,

	[Signed] G[eorge Theophilus] Saunders Boileau
	Clerk of Petty Sessions
The Under Secretary,
Department of the Attorney General and of Justice.
N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates
4g 201-90

~ ~ ~ ~ ~

11 Denman Chambers
28th April 1904

W Edmunds, Barrister at Law, Report respecting the proceedings at Circuit Court Goulburn.

Sir,
I beg to forward for the information of the Attorney General the following report upon the cases … Rex versus Burmester on the list for Trial at the late Goulburn Assizes.

Rex versus Burmester there were 3 charges under Section 81 against the accused. I presented three indictments and had the accused who was upon bail called separately in each case. He failed to appear and upon my application the Recognizance of Bail in each case were ordered to be sequestrated.

I have the honour to be
Sir,
Your obedient Servant.
[Signed] W Edmunds.

~ ~ ~ ~ ~

Recognizance of Bail.

04.3708

New South Wales, Goulburn
TO WIT. }

Taken and acknowledged, the day and year first above mentioned, at Goulburn, in the said State, before me.
[Signed] GS Boileau, JP.

CONDITION IN ORDINARY CASES.

Depositions of Witnesses.

New South Wales, Goulburn
TO WIT. }

The examination of Frederick Buckman of Bourke Street, Goulburn, in the State of New South Wales, no occupation; Cecil George Leeson of Eastgrove, near Goulburn, but formerly of Granville near Sydney, in the said State, no occupation; and Leslie George Matthews, of Bishop Street, North Goulburn, in the said State, drover’s assistant taken on oath this 26th day of February, in the year of Our Lord one thousand nine hundred and four at the Goulburn Police Office, in the said State, before the undersigned, Police Magistrate and one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of Edward James Burmester who is charged this day before me for that he the said Edward James Burmester on the 6th day of December, in the year of Our Lord one thousand nine hundred and three at Maxton, near Goulburn in the said State, indecently did assault Frederick Buckman, a male person.

At the request of Senior Sergeant Matthews and of Mr O’Brien, Attorney, on behalf of the accused, Edward James Burmester, the deposition of Frederick Buckman taken on the 26th day of February, 1904 is read over to him.

This deponent Frederick Buckman on his oath saith as follows:– The deposition taken on the 26th day of February, 1904 [see above] and just read over to me is mine and is correct.
[Signed] Frederick Buckman.

Taken and sworn this 26th day of February 1904, at Goulburn, in the State of New South Wales, before.
[Signed] EL Maitland, PM.

At the request of Senior Sergeant Matthews and of Mr O’Brien, Attorney, on behalf of the accused, Edward James Burmester, the deposition of Cecil George Leeson taken on the 26th day of February, 1904 [see above] is read over to him.

This deponent Cecil George Leeson on his oath saith as follows:– My deposition taken on the 26th day of February, 1904 and just read over to me is mine and is correct.
[Signed] CG Leeson.

Taken and sworn this 26th day of February 1904, at Goulburn, in the State of New South Wales, before.
[Signed] EL Maitland, PM.

At the request of Senior Sergeant Matthews and of Mr O’Brien, Attorney on behalf of the accused, Edward James Burmester the deposition of Leslie George Matthews taken on the 26th day of February, 1904 is read over to him.

This deponent Leslie George Mathews on his oath saith as follows:– The deposition taken on the 26th day of February 1904 [see above] and just read over to me is mine and is correct.
[Signed] Leslie Matthews.

Taken and sworn this 26th day of February 1904, at Goulburn, in the State of New South Wales, before.
[Signed] EL Maitland, PM.

(F. 2 – “Justices Act, 1902.”)

Statement of the Accused.

State of New South Wales, Goulburn
TO WIT. }

Edward James Burmester (hereinafter called the defendant) stands charged before the undersigned, ----- of His Majesty’s Justices of the Peace in and for the State of New South Wales, this 26th day of February, in the year of Our Lord one thousand nine hundred and four for that he, the said defendant, on the 6th day of December, 1903, at Maxton, near Goulburn, in the said State, indecently did assault Frederick Buckman, a male person and the said charge being read to the said defendant, and the witnesses for the prosecution, Frederick Buckman of Bourke Street, Goulburn, in the said State, no occupation; Cecil George Leeson, of Eastgrove, near Goulburn, in the said State, but formerly of Granville, near Sydney in the said State, no occupation; and Leslie George Matthews of Bishop Street, North Goulburn, in the said State, drover’s assistant 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 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 am not guilty of it. I reserve my defence.”
[Signed] EJ Burmester.

Taken before me and read over to the said defendant at Goulburn in the said State, the day and year first above mentioned.
[Signed] EL Maitland, PM.

G. 190.

New South Wales, Goulburn
TO WIT. }

REX.
versus
Edward James Burmester

[Signed] EL Maitland, PM

JP.

Dated at the Police
Office, Goulburn
in the said State,
this twenty sixth
day of February
AD 1904
4g 416 - 88

“Justices Act, 1902.”

Recognizance to give Evidence.

New South Wales, Goulburn
TO WIT. }

Be it remembered, that on the 26th day of February, in the year of Our Lord one thousand nine hundred and four Frederick Buckman of Bourke Street, Goulburn in the State of New South Wales, no occupation; Cecil George Leeson, of Eastgrove, near Goulburn in the said State, no occupation; and Leslie George Matthews, of Bishop Street, North Goulburn, in the said State, drover’s assistant personally came before the undersigned, one of His Majesty’s Justices of the Peace for the State of New South Wales, 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 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.
[Signed] Frederick Buckman, Cecil Leeson, Leslie Matthews.

Taken and acknowledged, the day and year first above mentioned, at Goulburn in the said State, before me.
[Signed] EL Maitland, PM.

The condition of the within written Recognizance is such, that whereas Edward James Burmester was this day charged before EL Maitland, esquire, Police Magistrate, and one of His Majesty’s Justices of the Peace for the said State, with for that, he, the said Edward James Burmester, on the 6th day of December, 1903, at Maxton, near Goulburn, in the said State, indecently did assault Frederick Buckman, a male person.

If therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Goulburn in and for the State of New South Wales, on the 20th day of April, 1904, 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 Edward James Burmester for the offence aforesaid, to the jurors who shall pass upon the trial of the said Edward James Burmester.

Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] EL Maitland, PM.

Summons Case No. 286-1903

Court of Petty Sessions, Goulburn
29th December 1903.

Sub-Inspector Richard Roden
versus
Edward James Burmester.

Committing an indecent assault upon Frederick Buckman, a male person.
Plea: -----
No appearance of the defendant. Service of Summons proved. Mr O’Brien appears on behalf of the defendant.

No. 73

Re: 29:12:03

Information – (General Purposes).

Crimes Act Section 81.

New South Wales, Goulburn
TO WIT. }

Be it remembered, that on the 19th day of December in the year of Our Lord one thousand nine hundred and three at Goulburn in the State of New South Wales, Richard Roden Sub-Inspector of Police of Goulburn 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 oath informs me, that on the 6th day of December in the year of Our Lord one thousand nine hundred and three, at “Maxton” near Goulburn in the State aforesaid, Edward James Burmester did indecently assault Frederick Buckman, a male person contrary to the Act in such case made and provided; whereupon the said Richard Roden prays that I, the said Justice, will proceed in the premises according to law.
[Signed] R Roden.

Sworn at Goulburn in the said State, on the day first above written, before me.
[Signed] GS Boileau, JP.

[9A]

Subpoena required for Frederick Buckman of Goulburn

NEW SOUTH WALES POLICE.
Application for Summons.

Senior Sergeant Matthews is directed to apply to the Magistrates of the Police Constable at Goulburn for a summons against Edward James Burmester of “Maxton” near Goulburn for committing an indecent assault upon Frederick Buckman a male person on the 6th December 1903.
(Signature of Officer or Sergeant) [Signed] R Roden, Sub-Inspector.
Goulburn Station
19th day of December 1903
Returnable Thursday 31st December 1903.

This deponent Ernest William Matthews on his oath saith as follows:– I am a Senior Sergeant of Police Stationed at Goulburn. On the 21st instant I served a duplicate of the summons which I now produce on the accused Edward James Burmester at the Court House Goulburn. The summons is under the hand and seal of the Magistrate of this Territory and is returnable today. I have hear the defendant called three times and he does not appear. When I served the defendant with the summons I read and explained it to him. He made no reply.
[Signed] EW Matthews.

Taken and sworn this 29th day of December 1893, at Goulburn, in the State of New South Wales, before.
[Signed] Stephen Murphy, PM, S Harborne Belcher, JP.

Warrant to issue for disobedience of summons.
[Signed] Stephen Murphy, PM, S Harborne Belcher, JP.

Summons – Divisions 1 and 2, “Justices Act, 1902.”

To Edward James Burmester of Maxton, Goulburn in the State of New South Wales.

Whereas information of oath hath this day been laid before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State of New South Wales, for that you did, on the 6th day of December 1903, at Maxton, near Goulburn in the State aforesaid, indecently assault Frederick Buckman a male person.

These are therefore to command you, in His Majesty’s name, to be and appear, on Tuesday the 29th day of December 1903, at ten of the clock in the forenoon, at the Police Office, Goulburn in the said State, before such Justice or Justices of the Peace for the said State as may then and there, to answer to the said information and to be further dealt with according to law.

Given under my hand and seal, this 19th day of December in the year of Our Lord one thousand nine hundred and three at Goulburn in the said State.
[Signed] GS Boileau, JP.

Sub-Inspector Richard Roden
v.
Edward James Burmester.

Indecently assaulting Frederick Buckman.

Examination adjourned and accused remanded till 26 February, 1904. Bail allowed accused in £80 with two sureties in £40 or one in £80.
[Signed] EL Maitland, PM, Chas H Roberts, JP.
Court House, Goulburn, 19 February 1904.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Circuit Court.
Goulburn
20th April 1904
AG’s No. 130 04/63
Depositions.
CS’s No. 7
Rex
v.
Edward James Burmester
Indecent assault on a male person
Committed at: Goulburn
on: 26th February 1904

~ ~ ~ ~ ~

Court. Goulburn
Date. 22 April 04
Cor. Cohen. J. Judge
Plea.
Verdict.
No appearance
Judgment.
The Judge ordered the recognisances of accused and his sureties to be estreated
[Signed] N Edmunds, Crown Prosecutor.
Note.– In event of postponement, it should be stated whether accused admitted to bail.

~ ~ ~ ~ ~

Indecent assault on a male person.
[Signed] Hugh Pollock SG [Solicitor General]
4.3.04

~ ~ ~ ~ ~

Justice HE Cohen’s notebook ¹³

164

[Goulburn Circuit, 22 April 1904]
September 22/04 R v Burmester (Edward James) on Bail.
4.45 pm Called – no appearance – (3 charges Indecent Assault on males)
Edmunds applies for the estreat of the recognizances of accused & Sureties in each of 3 cases.
Sureties George Washington Seaborn, Andrew Seton Chisholm.
Burmester in £80 & the 2 Sureties £40 each.
Accused was called in each of the 3 cases, & failed to answer.
Recognizances of the accused & Sureties in each of the 3 cases estreated.

~ ~ ~ ~ ~

The Goulburn Herald, Wed 20 Apr 1904 ¹⁴

GOULBURN ASSIZES
Wednesday, April 20.

The April sittings commenced this morning before his Honor Mr Justice Cohen. Mr KA Barton was judge’s associate. Mr SH Belcher represented the sheriff, and Mr W Edmunds prosecuted, assisted by Mr Withers of the Crown Solicitor’s office. The barristers were Messrs O’Reilly, S Betts, and Clive Teece; and the Attorneys, Messrs AM Betts, H O’Brien, MC Comans, RW Johnson, AE Sendall, EF Thomas, WE Dwyer, PJ Meyer, EA Betts, F Gillespie, Dawson (Cooma), and Gale (Moss Vale).

JURORS EXCUSED.

Mr P McShane was excused from attendance as a juror on the grounds of his daughter’s dangerous illness.

~ ~ ~ ~ ~

Goulburn Evening Penny Post, Thu 21 Apr 1904 ¹⁵

GOULBURN CIRCUIT COURT.
Wednesday, April 20.

The sittings of the Circuit Court were begun on Wednesday morning before his Honor Mr Justice Cohen. The sheriff was represented by Mr Belcher. Mr W Edmunds acted as Crown-Prosecutor, and was assisted by Mr H Uther, of the Crown Law Office. The barristers present were Messrs O’Reilly, S Betts, and C Teece.

The court was filled in all quarters, and a number of ladies were accommodated while the opening took place with seats below the sheriff’s seat.

The solicitors present were Messrs AM Betts, H O’Brien, MC Comans, EW Johnson, AE Sendall, EP Thomas, WE Dwyer, P Monkley, PJ Meyer, EA Betts, and F Gillespie.

~ ~ ~ ~ ~

The Goulburn Herald, Fri 22 Apr 1904 ¹⁶

GOULBURN ASSIZES

…

Friday.

His Honor took his seat at 9.10 am.

…

CHARGES OF INDECENT ASSAULT.

Edward James Burmester (on bail) charged with three cases of indecent assault at Maxton, near Goulburn, was called on each indictment, but did not appear.

The Crown-prosecutor applied for estreatment of the bail bonds in each case, namely, accused in £80 in two sureties and £40 in one case and G Seaborn of Parkes and Andrew S[eton] Chisholm of Goulburn, each in £10 in two cases and £20 in one case.

His Honor granted the application.

The court will open at 10 am to-morrow.

~ ~ ~ ~ ~

Goulburn Evening Penny Post, Sat 23 Apr 1904 ¹⁷

Friday, April 22.

At 10 past 9 his Honor took his seat and opened the third day’s sitting of the Circuit Court.
…

FAILED TO APPEAR.

Edward J Burmester (on bail), charged with three cases of indecent assault, failed to answer his name when called upon at 4.45 pm on Friday.

The Crown-Prosecutor applied for the estreatment of bail in each case, as well as the sureties.

Burmester was called three times in each case, but as there was no answer his Honor granted the Crown-Prosecutor’s application. The bail in two cases was £80, with two sureties of £40 each, and in the other self in £40 and two sureties of £20 each or one in £40.

¹ The Sydney Morning Herald, Thu 18 Oct 1888, p. 1. Emphasis added.

² Australian Town and Country Journal, Sat 12 May 1894, p. 17.

³ The Sydney Morning Herald, Wed 18 Apr 1900, p. 10. Emphasis added.

⁴ The Goulburn Herald, Fri 12 Feb 1904, p. 2. Emphasis added.

⁵ Goulburn Evening Penny Post, Sat 13 Feb 1904, p. 4. Emphasis added.

⁶ The Goulburn Herald, Fri 19 Feb 1904, p. 2. Emphasis added.

⁷ Goulburn Evening Penny Post, Sat 20 Feb 1904, p. 4.

⁸ The Goulburn Herald, Fri 26 Feb 1904, p. 5. Emphasis added.

⁹ Goulburn Evening Penny Post, Sat 27 Feb 1904, p. 4.

¹⁰ SRNSW: NRS880, [9/7073], Supreme Court, Papers and depositions, Goulburn, 1904, No. 128. Emphasis added.

¹¹ SRNSW: NRS880, [9/7073], Supreme Court, Papers and depositions, Goulburn, 1904, No. 129. Emphasis added.

¹² SRNSW: NRS880, [9/7073], Supreme Court, Papers and depositions, Goulburn, 1904, No. 130. Emphasis added.

¹³ SRNSW: NRS5788, [2/2726], Judiciary, HE Cohen, J, Notebooks Circuit Court, 1895-1910, p. 164.

¹⁴ The Goulburn Herald, Wed 20 Apr 1904, p. 3.

¹⁵ Goulburn Evening Penny Post, Thu 21 Apr 1904.

¹⁶ The Goulburn Herald, Fri 22 Apr 1904, p. 2.

¹⁷ Goulburn Evening Penny Post, Sat 23 Apr 1904, p. 2.

Indecent Assault