The Tamworth News and Liverpool Plains and Gwydir Districts’ Advertiser, Mon 5 Sep 1910 1

POLICE COURT
———◦———
Monday, September 5.
————
(Before Mr [Osman Adams] Edwards, PM.)
————

…

ALLEGED CRIMINAL OFFENCE.

    Wainwright Morgan Jack Jones was charged with committing an unnatural offence with George Strike at Tamworth on Saturday last.

    Accused: I plead not guilty.

    Senior-Constable Sinclair (for the police): I ask for an adjournment in order to produce further evidence.

    Accused: I object. All the evidence that can be given in this case is here.

    The PM: There can be no objection to the police asking for an adjournment, as they have not got the evidence they require and the case cannot go on without evidence. The case is remanded till Monday, but if the police are ready to go on they would proceed with it on Thursday.

    George Strike was charged with a similar offence, and was also remanded.

    Bail was not applied for.

~ ~ ~ ~ ~

The Tamworth News and Liverpool Plains and Gwydir Districts’ Advertiser, Mon 12 Sep 1910 2

POLICE COURT
———◦———
Monday, September 12.
————
(Before Mr Edwards, PM.)
————

…
    The case against WMJ Jones and George Strike was adjourned till Thursday.

~ ~ ~ ~ ~

The Tamworth News and Liverpool Plains and Gwydir Districts’ Advertiser, Mon 19 Sep 1910 3

————
SERIOUS CHARGES.

    The cases against WMJ Jones and George Strike, for unnatural offences preferred against them, was heard today, before Mr OA Edwards, PM. Evidence was given by Constables Beatson and Condon and Sergeant Caldwell, and a plan of the allotment of ground and (several ?) photos were put in as evidence. Both accused reserved their defence, and were committed for trial at the Circuit Court on October 11.

~ ~ ~ ~ ~

Clarence and Richmond Examiner, Thu 22 Sep 1910 4

FACT AND COMMENT.
———◦———

…
    Wainwright MJ Jones (formerly of Grafton) and George Strike, charged with an abominable offence, were committed for trial at the Tamworth Police Court on Monday. Strike sobbed throughout the hearing of evidence given by Constables Beatson and Condon and Sergeant Caldwell. Jones’s “Diary” was not admitted as evidence.

~ ~ ~ ~ ~

The Sydney Morning Herald, Mon 17 Oct 1910 5

PERSONAL.
———◦———

…
    The State Chief Justice will be absent from Sydney for about a week, as his Honor expects to be engaged for that period in the business of the Tamworth Circuit Court. Mr Justice Pring will also be away at the Bathurst Circuit. It is not certain, at present, whether all the common law judges will complete their work in the country so as to reach Sydney before the 24th instant, the date of the opening of the final term of the year.

~ ~ ~ ~ ~

Depositions for Wainwright Morgan Jack Jones and George Strike 18 Oct 1910 Tamworth trial 6


(a) Town.

Letter from Bench of Magistrates at (a) Tamworth

 

transmitting Depositions

(b) Name in full of accused.

in the case Rex v. (b) Wainwright Morgan Jack Jones and George Strike

(c) Offence.

(c) Buggery

(d) Town.

Petty Sessions Office, (d) Tamworth

 

20th September1910. 

 

Sir,
I have the honor, by direction of the Bench of Magistrates,
to transmit herewith under seperate covers the Depositions, and other documents in the

(e) Name of accused

case of (e) Wainwright Morgan Jack Jones and George Strike

(f) “His” or “her”

who has been committed to take (f) their

(g) “Circuit Court,” or 
“Quarter Sessions.”

trial at the (g) Circuit Court

to be held at (h) Tamworth

on Tuesday

(h) Town where Court 
to be held.

the 11th day of October 1910

The accused is (i) are confined in the Gaol at Tamworth

(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) Harold Beatson, of Tamworth, Constable of police, Francis Robert Llewelynn Condon, of Tamworth, Constable of police, Alexander Caldwell of Tamworth, Sergeant of police. Dr Ashton Shorter was permitted to leave the Court before the termination of the hearing, and was therefore not bound over.

 

(l) Short description to enable identification.

The Exhibits enclosed are (l) under separate cover are A sketch Ex “A”, Two photographs Ex “B” and ‘C”, and a statement Ex “D”. Exhibits “E” and ‘F” two bags, are with the Tamworth Police.

 

I have the honor to be,
Sir,
Your obedient Servant,

 

[Signed] A[rthur Reginald] Perry

 

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


~ ~ ~ ~ ~

[WMJ Jones’s “Collins Pocket Diary of 1910”]

January 4th  Bert Connors
March 1st  Jack Allen
March 14th Norman Nelson
May 22nd Dave Phillips
January 1st Fred Nelson
February 26th Dave Phillips
February 28th Jack Allen
March 16th  George Strike
April 3rd  George Strike
April 4th  George Strike
April 8th  Clary Smith
April 17th Clary Meehan
April 27th  Clary Mann Meehan
May 14th Fred Nelson
February 2nd Charley Sorby
March 4th Jack Allen
March 5th  Jack Hough
April 19th  Fred Nelson
May 18th  Charley Sorby.
February 20th three years to capture George Strike.

Calendar marked off on dates met mates.
Key at back showing numbers.
Summary at back showing “of the best”, (55).
Jones Bags taken from (hotel ?) one in which book found are labelled with his name.

~ ~ ~ ~ ~ 

Tamworth
4th September 1910

To Mrs GP Aahins
Central Hotel

    Please hand over to Mr Frank Nott all Books, Minutes and Register, Correspondence Folio, Rubber Stamps and (?) belonging to the New England Rugby Union.

[Signed] WM Jones.

~ ~ ~ ~ ~

Police Station, Tamworth.
19th September 1910.

The Superintendent of Police, Tamworth

Subject:– Rex versus Wainwright Morgan Jack Jones and George Strike, Buggery, Tamworth Circuit Court, 11th October 1910.

    Sergeant Caldwell reports that at the Police Court proceedings in the above case he tendered in evidence a “Collins Pocket Diary of 1910” found in Jones’s brief bag when arrested, which the Police Magistrate refused to admit, as it contains no reference to the charge against either of the accused, although it refers to the accused Strike on occasions prior to the date of offence.

    The Police Magistrate also refused to admit letters written by Jones to William Jarman, in Queensland, by whom they were lost, but subsequently picked up and handed to Police who passed them on to the Lands Department, in which Jones was employed as draughtsman, at Armidale. The Lands Department suspended Jones who denied that he had written the letters consequently a Commission was appointed to inquire into the matter at Armidale, on the 5th instant, but owing to his arrest on the 3rd instant, the Commission did not proceed. Mr RM Galloway of the Lands Department at Tamworth, was in attendance at Court to prove the writing to be that of Jones, but not called.

    The diary and letters are forwarded herewith to the Superintendent who may deem it advisable to forward them to the Clerk of the Peace for his information, to show the class of man he is.

[Signed] A Caldwell, Sergeant.

~ ~ ~ ~ ~

    Forwarded to the Inspector General of Police. Although the Police Magistrate would not admit the letter or diary in evidence in the present case, no doubt the Crown Law Department will make their contents known to the presiding judge at the trial, should Jones be found guilty. The present case is a very clear one.

[Signed] John Evans, Superintendent.
Tamworth 20-9-1910.

~ ~ ~ ~ ~

    Forwarded for information of the Clerk of the Peace. This is, I believe, the worst man who has come under my notice.

[Signature illegible] Inspector General of Police, September 21 1910.

~ ~ ~ ~ ~

Exhibit “D” Police versus Jones and Strike N.P. McTeague D.C. Tamworth 19:9:10.

Lock Up Tamworth
3rd September 1910

    George Strike states I am a labourer and reside at Tamworth. The first time I met Jack Jones tonight was in front of the Royal Hotel just as the hotels were closing at 11 o’clock. I had a conversation with him there and then crossed the street with him and stood in front of Horn’s shop. He said “You had better go for a walk and I will meet you at the convent.” He crossed to the opposite side of the street and I went up Fitzroy Street along Marius Street and met him in front of the Catholic Church. He said “Where is a good place to go George?” By that I understood that he meant a good place to ride me. I said “Over here” and took him to a shed behind a new building opposite the Roman Catholic Church. He said “Down with your trousers.” He undid my braces and pushed my trousers down to my knees. He said “Lay down.” I laid face downwards, it was dark. I did not see if he undid his trousers. He laid down on top of me and put his tool in my bum and put his hands on my shoulders. He worked backwards and forwards for a little while. I could feel his tool working in my bum. While he was doing this two men came up and struck matches. They said they were Police. Jones jumped up off me and one of the Police picked me up, and they took us both to the lock up. The Police said something else but I did not hear what it was. I am a bit deqd [sic] from a cold in the head. I make this statement of my own free will and without any promise or threat being made to me.

Witness (Signed) A Caldwell

[Signed] George Strike.

~ ~ ~ ~ ~

Police Department, Superintendent’s Office.
North Western District,
Tamworth 30th September 1910

Rex versus Jones and Strike – buggery – Tamworth C. Court. 17-10-10. Subpoenas for service on Constable Beatson, Constable Condon, Dr Shorter and Sergeant Caldwell.
Memo:– For attention and report.
[Signed] John Evans, Superintendent.
Forwarded to Crown Solicitor. [Signed] WR Walker, Senior Sergeant.
for and in the absence of the Superintendent, Tamworth 2nd October 1910.

~ ~ ~ ~ ~

[Subpoena]

GEORGE THE FIFTH, by the Grace of
God, of the United Kingdom of Great
Britain and Ireland, and of the British
Dominions beyond the Seas, King, Defender
of the Faith, Emperor of India.

New South Wales,
TO WIT.                  }

To: Constable Beatson; Constable Condon; Dr Shorter; Sergeant Caldwell – All of Tamworth

    Greetings:–

We command you and every of you, firmly enjoining you, that laying aside all pretences and excuses whatsoever, you and every of you be and appear in your proper persons, before Our Justices assigned to hold Pleas before us, on Monday the seventeenth day of October next, by Nine of the Clock in the forenoon of the same day, at the Supreme Court in Our State of New South Wales, in the Circuit Court situate in Our State of New South, in the Court House, situate in Tamworth
there to testify the truth, and give evidence, on the part of the Crown, before Our said Justices, touching a certain information to be preferred against

Wainwright Morgan Jack Jones
and
George Strike

in the case of Buggery
and that you so appear, from day to day, until the case is tried; and this you, or any, or either of you, are not to omit, under the penalty of One Hundred Pounds, to be levied upon your and every of your Goods and Chattels, Lands and Tenements, if you, or any, or either of you shall fail in the Premises.

    Witness The Honorable William Portus Cullen, Chief Justice of Our said Court, at Sydney, this twenty seventh day of September in the first year of Our Reign, and in the year of Our Lord one thousand nine hundred and ten.

For the Prothonotary
MJ [Michael Joseph] Dunphy
Clerk of the Supreme Court.

(Signed)
Crown Solicitor

~ ~ ~ ~ ~

Police Department, Superintendent’s Office,
North Western District,
Tamworth, 30th September 1910.

Rex versus Jones and Strike – buggery – Tamworth C.C. 17-10-10 Notices of trial for service on Wainwright Morgan Jack Jones and George Strike.

For attention and report.
[Signed] John Evans, Superintendent.

Forwarded to the Crown Solicitor.
[Signed] WR Walker, Senior Sergeant, for and in the absence of the Superintendent, Tamworth 2-10-1910.

~ ~ ~ ~ ~

[Notices of trial] 7

The Supreme Court of New South Wales
Criminal Jurisdiction                               }

    THE KING against Wainwright Morgan Jack Jones & George Strike

    TAKE NOTICE, that at the Circuit Court, to be holden at the Court House in Tamworth in the State of New South Wales, on Monday the seventeenth day of October next, at ten of the clock in the forenoon of the same day, an Indictment will be then and there filed on behalf of Our Sovereign Lord the King against you, on a charge of

     Buggery

    And that you will on that day, or on a subsequent day, during the said sittings of the Court, be called upon to plead to the said Indictment, and take your trial upon the said charge.

    Dated this twenty seventh day of September in the year of our Lord one thousand nine hundred and ten.

[Signed] JV Tillett
Crown Solicitor

To Wainwright Morgan Jack Jones & George Strike
    Tamworth Gaol

~ ~ ~ ~ ~

New South Wales.

    Francis Alfred Allison Russell Esquire, Barrister at Law, who, in the absence of His Majesty’s Attorney General and Solicitor General for the State of New South Wales respectively, and by virtue of an Appointment made to him for such purpose, prosecutes for His Majesty in this behalf, being present in the Circuit Court at Tamworth on the 17th day of October in the year of Our Lord one thousand nine hundred and ten charges that Wainwright Morgan Jack Jones on the 3rd day of September in the year one thousand nine hundred and ten at Tamworth in the State aforesaid did assault George Strike and then wickedly and against the order of nature carnally knew the said George Strike and did commit with the said George Strike the abominable crime of buggery, and that the said George Strike did then feloniously and unlawfully consent to the said Wainwright Morgan Jack Jones committing with him the said George Strike the abominable crime of buggery.

~ ~ ~ ~ ~

Exhibit “A” Police versus Jones and Strike N.P. McTague D.C. Tamworth, 20 19.9.10. [Floor plan of proposed building on corner of White and Marius Street Tamworth showing foundations of building in course of erection].

1

Police Charge, No. 445.

Court of Petty Sessions,
Tamworth 5th September 1910.

Wainwright Morgan Jack Jones

Committing the abominable crime of buggery with George Strike at Tamworth on 3rd September 1910.

Plea:– On application of Police, for production of evidence, the accused is remanded till 12th instant. Bail not applied for.

[Signed] OA Edwards, PM.

    Remanded till 19th instant, on account of the illness of Dr Shorter. Bail allowed self in £100 and two sureties in £50 each or one in £100.

[Signed] OA Edwards, PM.
Police Court Tamworth, 12th September 1910.

2

Police Charge, No. 446.

Court of Petty Sessions,
Tamworth 5th September 1910.

George Strike.

Committing the abominable crime of buggery of with Wainwright Morgan Jack Jones at Tamworth on 3rd September 1910.

Plea:– On application of the Police, for the production of evidence, the accused is remanded till 12th instant. Bail not applied for.

[Signed] OA Edwards, PM.

    Remanded till 19th instant on account of illness of Dr Shorter. Bail allowed self in £100 and two sureties in £50 each or one in £100.

[Signed] OA Edwards, PM.
Police Court, Tamworth,
12th September 1910.

3

The case of Wainwright Morgan Jack Jones C.C. 10/445 was heard in conjunction with that of George Strike C.C. 10/446 by the consent of both the accused.

PM.
Police Court Tamworth, 19th September 1910.

4

Depositions of Witnesses.

New South Wales, Tamworth
TO WIT.                                  }

The examination of Harold Beatson of Tamworth in the State of New South Wales, Constable of Police, Francis Robert Llewelynn Condon, of Tamworth in the said State, Constable of Police, Herbert Leopold Ashton Shorter, of Tamworth in the said State, Medical Practitioner, and Alexander Caldwell of Tamworth in the said State, Sergeant of Police taken on oath this 19th day of September in the year of Our Lord one thousand nine hundred and ten at the Tamworth Police Office, in the said State, before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of Wainwright Morgan Jack Jones and George Strike who are charged this day before me for that they the said Wainwright Morgan Jack Jones and George Strike on the 3rd day of September in the year of Our Lord one thousand nine hundred and ten at Tamworth in the said State, did commit the abominable crime of buggery.

[Signed] OA Edwards, PM.

5

    Harold Beatson sworn states I am a Constable of Police stationed at Tamworth.

    About 11 pm on the 3rd instant in company with Constable Condon I saw the two accused Jones and Strike having a conversation in front of the Royal Hotel Peel Street Tamworth. I then walked in company with Constable Condon to the corner of Peel and Fitzroy Streets where we met Sergeant Caldwell. While having a conversation with the Sergeant I saw the accused Jones walk past walking quickly in the direction of White Street. Constable Condon and myself then left the Sergeant and followed the accused Jones, Constable Condon taking the right hand side of Peel Street and myself the left. The accused Jones turned round the corner into White Street. Constable Condon then came over the street to me. The accused Jones then walked along the footpath to the front of the Catholic Church, followed by Constable Condon and myself. In the front of the Catholic Church he met someone, and after a short conversation crossed the street with the other man to an allotment of land where there is a new building in course of erection. Constable Condon and myself walked to the corner of White and Marius Streets. The two accused then were having a conversation on the lower corner of the allotment. Constable Condon then left me and went to the back of the building. I then saw the two accused make in the direction of an open shed. I then walked along the footpath of Marius Street to the rear of the building where I met Constable Condon. We then separated and afterwards

6

met in front of an open shed at the back of the building. When we met I could hear in the shed a rustling noise. We then immediately went one to each end of the shed and struck a match. I saw the accused Strike lying on the ground with his arms folded on his legs wide apart. The accused Jones lying on top of him with his legs between Strike’s and holding on to his shoulders. Strike’s trousers were down to his knees and shirt up around his waist. His person was bare. Accused Jones had his trousers unbuttoned and his poenus [sic] out. It was in a state of erection. Jones’ poenus was on Strike’s anus. Jones then quickly got up, Strike remaining on the ground. Constable Condon then picked Strike up off the ground. I said “We are Police,” and I heard Constable Condon say so. I said “What are you two men doing here?” No reply. I then said “What are you two men doing here in this position?, and you Jones with your poenus out?” I heard Constable Condon say “What are you doing here, you know you are committing a criminal offence.” I then arrested the two accused. The coat and trousers of both accused were covered with sawdust. We brought them to the lock up and charged Jones with committing the abominable crime of buggery with George Strike at Tamworth on the 3rd September 1910. I charged Strike with committing the abominable crime of buggery with Wainwright Morgan Jack Jones at Tamworth on the 3rd September 1910. Neither of the accused made any reply to the charge. Constable Condon and myself were dressed in plain clothes at the time. The shed was open. The front

7

and both ends being open, there being a paling fence at the back. It is used as a carpenter’s shed. There was a carpenter’s bench in the centre of the shed. We found the two accused between the bench and the paling fence. There was a quantity of shavings and sawdust on the floor of the shed. The sketch (Exhibit “A”) produced shows the allotment of land where the two accused entered. I recognise the photograph produced (Exhibit “B”) as showing the shed and the bench. I produce another (Exhibit “C”) photograph.

No questions from accused Jones.

    No questions from accused Strike.

    Bench: Constable Condon and myself walked into the shed till we came to the bench then we both struck matches about the same time.

[Signed] H Beatson.

Taken and sworn at Tamworth, this 19th day of September 1910 before me.
[Signed] OA Edwards, PM.

8

    Francis Robert Llewelynn Condon sworn states. I am a Constable of Police stationed at Tamworth.

    About 11 pm on the 3rd instant while in company with Constable Beatson I noticed the two accused Jones and Strike having a conversation in front of the Royal Hotel Peel Street Tamworth. Constable Beatson and I then walked on up to Fitzroy Street. Where we were having a conversation with Sergeant Caldwell, when I noticed the accused Jones walking quickly in the direction of White Street. I then followed the accused Jones, and Constable Beatson went on the left hand side of the street. I followed Jones as far as the Tamworth Hotel, on the corner of Peel and White Streets, where he turned and went up in the direction of Marius Street. I then crossed over and met Constable Beatson and met on the corner of White and Peel Streets. We then both followed the accused Jones up to the Catholic Church where we noticed the accused Jones stop and talk to someone at the gate of the church. They then crossed over to the opposite to where there is a brick building in the course of erection, and stood talking. Constable Beatson and I then crossed over and stood on the corner of White and Marius Streets near the brick building. I then left Constable Beatson and went around the back of the brick building, where I could hear someone coming in the direction of a shed. I then came back to Constable Beatson and said something to him. I then left him and went to where the two accused had been standing and waited some minutes. I then came around to the back of the

9

building, and when opposite the shed met Constable Beatson, where I could hear a light rustling noise, in the shed. Constable Beatson then went to the lower end of the shed and I went to the top end nearer Marius Street. We struck matches and there saw the two accused Strike and Jones, Strike lying face downwards with his trousers down, and his shirt up around his waist. Jones was on top of Strike with his trousers down. I then informed the two accused that we were Police and also heard Constable Beatson say so. I said to the accused Jones “What are you doing in this position?” I said the same to Strike. Neither of the accused made any reply. I said “Your name is Jones, is it not?” He replied “Yes.” I said “You are committing a criminal offence.” He made no reply. I then lifted the accused Strike from the ground. He was crawling under the bench. Constable Beatson and I then arrested the two accused and brought them to the lock up, where they were charged with committing the abominable crime of buggery. When they were on the ground Jones had his hands on Strike’s shoulders. When we struck the matches I saw Jones spring up quickly and I saw his poenus in a state of erection. Exhibit “A” shows the block of land where I saw the two accused enter. Exhibit “B” shows the shed. Exhibit “C” shows the bench and the paling fence at the back. When I entered the shed the heads of the two accused were towards me. Jones did his trousers up, but I stopped Strike from doing his and brought him to the lock up with them down. I was at the lock up that night when Sergeant Caldwell took a statement from Strike. I heard the statement

10

read to Jones. Jones made no reply.

    No questions from accused Jones.

    No questions from accused Strike.

[Signed] FRL Condon.

Taken and sworn at Tamworth, this 19th day of September 1910 before me.
[Signed] OA Edwards, PM.

11

    Herbert Leopold Ashton Shorter sworn states. I am a legally qualified Medical Practitioner residing at Tamworth.

    At the request of the Police I went to the Tamworth lock up on the night of the 3rd instant. I saw the two accused at the lock up on that night. I made an examination of them. It was about midnight. I examined Strike first. I examined his anus but I could not detect anything that I could definitely call abnormal. There might have been a slight redness but I could not call it an abnormal redness. I examined Jones. I scraped the part with a piece of clean note paper and examined it the following morning under a magnifying glass but could not detect anything abnormal. There was some faecal matter about his genitals but on further examination I discovered he had a motion. That might account for the faecal matter being on the genitals. I also examined his clothing with the same result. A lapse of a couple of hours after an offence of this kind would dry up the parts and it would not be so apparent then.

    To accused Jones: The examination was made voluntary.

    To accused Strike: No questions.

    Bench: My examination did not show me that anyone had had connection with Strike, or that Jones had committed or attempted to commit the crime of buggery.

[Signed] HL Ashton Shorter.

Taken and sworn at Tamworth, this 19th day of September 1910 before me.
[Signed] OA Edwards, PM.

12

    Alexander Caldwell sworn states. I am a Sergeant of Police stationed at Tamworth.

    About 11.05 pm on the 3rd instant I was at the intersection of Peel and Fitzroy Streets Tamworth with Constables Beatson and Condon. I saw the accused Jones passing along Peel Street towards White Street quickly. I said something to the Constables and then left them. They went in the same direction as Jones. About 12 midnight in consequence of a telephone message I went to Tamworth lock up. I there saw the accused Strike in the charge room. I said to him “What is this you have been doing George?” He did not reply. I said “Where did you meet Jones tonight?” He said “In front of the Royal Hotel, we then crossed over the Horn’s, he told me to go up Fitzroy Street and meet him at the convent, I went up Fitzroy Street along Marius Street and met him.” I said “Have you any objections to giving me this in writing?” He said “No, I have not.” I then wrote the statement produced (Exhibit “D”) at his dictation, when I had finished I read it over to him and said “Is that correct?” He said “Yes.” I said “Have you any objections to signing it?” He said “No, I have no objections.” He then signed it. Senior Constable Sinclair Constables Condon, Beatson and Gudgeon were present at the time. Dr Shorter then arrived At the lock up. That would be about 1 am on the 4th instant. I was present when he examined both the accused. Both accused were present in the charge room at the lock up. I said to Jones “I have a statement here made and signed by Strike which I will read to you.” I then read the statement, Exhibit “D”.

13

Neither of the accused made any reply. Jones had sawdust on his clothes. I took some of it off his clothes and said to him “You have sawdust on you.” He made no reply. On the morning of the 12th instant at the lock up I said to Jones “I want to ask you some questions. You need not answer them unless you like to do so, but anything you so say may be given in evidence against you.” I said, pointing to the two leather bags which I produce (Exhibit “E” & “F”) “I had these two bags brought from Oliphant’s hotel where you were staying, do they belong to you?” He said “Yes.” I said “Do the contents belong to you?” He said “Yes, so far as I know.” I then opened the small bag and took from it the pocket diary produced and said to him “Does this belong to you?” He said “I decline to answer.” Entries in it refer to the accused Strike but not to the offence with which Jones and Strike are charged. (Diary not admitted in evidence.) When I first saw Strike at the lock up the 3 top buttons of his trousers were undone also his braces buttons. He was holding up his trousers with his hands.

    No questions from accused Jones.

    No questions from accused Strike.

[Signed] A Caldwell.

Sworn at Tamworth, this 19th day of September 1910 before me.
[Signed] OA Edwards, PM.

14

(F. 2 – “Justices Act, 1902.”)

Statement of the Accused.

State of New South Wales, Tamworth
TO WIT.                                               }

Wainwright Morgan Jack Jones (hereinafter called the defendant) stands charged before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, this 19th day of September in the year of Our Lord one thousand nine hundred and ten for that he, the said defendant, on the 3rd day of September 1910, at Tamworth in the said State, did commit the abominable crime of buggery with George Strike and the said charge being read to the said defendant, and the witnesses for the prosecution, Harold Beatson, of Tamworth, Constable of Police, Francis Robert Llewelynn Condon of Tamworth, Constable of Police, Herbert Leopold Ashton Shorter, of Tamworth, Medical Practitioner, and Alexander Caldwell of Tamworth, Sergeant of Police 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 reserve my defence.”

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

15

(F. 2 – “Justices Act,1902.”)

Statement of the Accused.

State of New South Wales, Tamworth
TO WIT.                                               }

George Strike (hereinafter called the defendant) stands charged before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, this 19th day of September in the year of Our Lord one thousand nine hundred and ten for that he, the said defendant, on the 3rd day of September 1910, at Tamworth, in the said State, did commit the abominable crime of buggery with Wainwright Morgan Jack Jones, and the said charge being read to the said defendant, and the witnesses for the prosecution, Harold Beatson, of Tamworth, Constable of Police, Francis Robert Llewelynn Condon, of Tamworth, Constable of Police, Herbert Leopold Ashton Shorter, of Tamworth, Medical Practitioner, and Alexander Caldwell of Tamworth, Sergeant of Police being severally examined in his presence, and (he having stated that he does not desire the deposition 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 reserve my defence.”

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

16

G. 190.

New South Wales, Tamworth
TO WIT.                                  }

REX.
versus
Wainwright Morgan Jack Jones

Offence,— Buggery

    The accused stands committed to take his trial at the next Court of Circuit Court to be holden at Tamworth, in the State of New South Wales, on the eleventh day of October 1910. Bail allowed the accused in £ and two sureties in £ each, or one in £ Bail not applied for

[Signed] OA Edwards, PM

JP.

Dated at the Police
Office, Tamworth
in the said State,
this nineteenth
day of September
AD 1910
4g 416 - 88

17

G. 190.

New South Wales, Tamworth
TO WIT.                                  }

REX.
versus
George Strike

Offence,— Buggery

    The accused stands committed to take his trial at the next Court of Circuit Court to be holden at Tamworth, in the State of New South Wales, on the eleventh day of October 1910. Bail allowed the accused in £ and two sureties in £ each, or one in £ Bail not applied for

[Signed] OA Edwards, PM

JP.

Dated at the Police
Office, Tamworth
in the said State,
this nineteenth
day of September
AD 1910
4g 416 - 88

18

“Justices Act, 1902.”

Recognizance to give Evidence.

State of New South Wales, Tamworth
TO WIT.                                             }

Be it remembered, that on the 19th day of September in the year of Our Lord one thousand nine hundred and ten Harold Beatson a Constable of the Police Force, stationed at Tamworth in the State of New South Wales, Francis Robert Llewelynn Condon, of Tamworth in the said State, Constable of Police Herbert Leopold Ashton Shorter of Tamworth in the said State, Medical Practitioner Alexander Caldwell of Tamworth in the said State, Sergeant of Police personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged themselves to owe Our Sovereign Lord the King the sum of

FORTY POUNDS EACH,

of good and lawful money of Great Britain, to be made and levied of their goods and chattels, lands and tenements, respectively, to the use of our said Lord the King, his Heirs and Successors, if they the said before mentioned persons shall fail in the condition indorsed.

Taken and acknowledged, the day and year first above mentioned, at Tamworth in the said State, before me.
[Signed] OA Edwards, PM.

The condition of the within written Recognizance is such, that whereas one Wainwright Morgan Jack Jones, and one George Strike were this day charged before Osman Adams Edwards Esquire one of His Majesty’s Justices of the Peace for the said State, for that they the said Wainwright Morgan Jack Jones and George Strike, at Tamworth in the said State, on the 3rd September 1910, did commit the abominable crime of buggery.

I, therefore, they the before-mentioned persons shall appear at the next Circuit Court to be holden at Tamworth in and for the State of New South Wales, on Tuesday the 11th day of October 1910, 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 Wainwright Morgan Jack Jones and George Strike for the offence aforesaid, to the jurors who shall pass upon the trial of the said Wainwright Morgan Jack Jones and George Strike.

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

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Circuit Court,
Tamworth
11th October 1910
SG’s No. 10/189
351
Depositions.
CS’s No. 5
Rex
v.
Wainwright Morgan Jack Jones
and
George Strike
Buggery
Committed at: Tamworth
on: 19th September 1910

~ ~ ~ ~ ~

Court.
Date.
Cor. Judge.
Plea.
Verdict.
Judgment.
[AA Russell]
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.

~ ~ ~ ~ ~

Buggery
[Initialled] (CAW ?)
21:9:1910

~ ~ ~ ~ ~

Justice WP Cullen’s notebook  8 & 9

136

[Tamworth, 18 October 1910]

R v Wainwright Morgan Jack Jones
De Lissa appears for prisoners.
Indictment that Jones committed crime of buggery with Strike at Armidale on 16 March 1910, and that Strike consented thereto.

137

[Tamworth] 19 October 1910

R v George Strike

Also similar offence at Tamworth on 3 September 1910
Plea of not guilty by both prisoners.
De Lissa asks for adjournment till time to prepare defence. Russell does not oppose. Adjournment granted.
19 October 1910
De Lissa maintains that the first charge in the indictment is one not

138

before the committing magistrate & that his client & his legal advisers were unaware that it would be added ex officio at the trial. Asks for time to prepare defence on this charge which would necessitate the procuring of attendance of witnesses from Armidale. Questions the right of the Crown Prosecutor to add this charge ex officio.

    Russell objects prefers to proceed on the 2nd charge on which the committal was based, reserving his proceed 10 to proceed on the other at a later date. I allow this course to be taken and postpone the hearing of the 1st charge till a date to be named later.

139

    Russell opens case to Jury.

    Constable Harold Beatson, Tamworth. Deposes to his seeing the offence committed.

    Cross-examined by De Lissa. (Reads passages from a confession by Strike admitting offence) I heard that read in the presence of Jones before I was called upon to give evidence.

    Re-examined.

    (Marked A.) Two photographs the shed put in.

    Constable Francis Robert Llewellyn Condon – Tamworth. Deposes to seeing the offence committed except that does not say he saw depose to penetration.

    Cross-examined – Re-examined.

140

    Sergeant Alexander Caldwell, Tamworth. Got a written statement from Strike which I produce. He said it was correct & he signed it in my presence. Before I commenced taking the statement I cautioned him in the usual way.

    Statement (B) put in evidence against Prisoner Strike.

I told Jones I had a statement made & signed by Strike which I will read to you – I read it to him & he made no reply.

    The statement is now read to the jury, I first cautioning them that it is not as against Jones evidence of the truth of

141

the matters stated in it, but that the attitude conduct & demeanour of Jones when it was read in his presence can be considered on the question whether he is guilty or innocent of the charge.

    Cross-examined. I always thought Strike was a bit soft & silly in his ways.

    Re-examined. He was in the employ of a ‘bus proprietor for 5 or 6 months.

    Dr Herbert Abel 11 Ashton Shorter examined.

    Cross-examined – I would not expect the (organ ?) of (?)

    Re-examined.

Crown case closed.

142

For the defence –

    Prisoner Jones makes a statement from the dock.

    Prisoner Strike also – Denies truth of statement formerly made. Says he thought he might get out.

    Dr Henry Lewis Harris, examined by De Lissa. Strike is mentally weak. He has a fair memory. His understanding is imperfect.

(?) Case for Defence closed.

No evidence in reply.

De Lissa addresses Jury.

143

Russell addresses Jury.

I sum up
Jury retire at 1.40
Jury return at 2

Verdict as to Jones guilty of the attempt.
Verdict as to Strike guilty of the attempt.

Recommendation to mercy in the case of Strike on the ground of mental weakness.

Sentence – Prisoner Jones – Penal servitude for 5 years in Grafton Gaol.
Prisoner Strike – Penal servitude for 3 years in same gaol.

~ ~ ~ ~ ~

The Tamworth News and Liverpool Plains and Gwydir Districts’ Advertiser, Wed 19 Oct 1910 12

CIRCUIT COURT
———◦———
Monday, October 17, 1910.
————

    The Circuit Court commenced on Monday morning before the Chief Justice, Dr Cullen.

    Mr PH Rogers is Judge’s Associate, and Mr H Abbott is shorthand writer for the Chief Justice.

    Mr Edwards, PM, occupied a seat on the Bench, acting as Deputy Sheriff.

    Mr DG [Donald Gordon] Bathgate, from the Crown Law Office, instructed the Crown Prosecutor, Mr AA Russell.

    Thomas Duncan was fined £2 for failing to appear as a juryman.

    After the luncheon adjournment Mr Duncan attended and informed his Honor that he had been in Sydney for the past six months, and consequently had not received the notice to attend as a juryman.

    Mr Duncan was therefore excused from further attendance, and the fine was ordered to be remitted.
…

Tuesday, October 18

…
    Wainwright Morgan Jack Jones and George Strike were separately charged with having committed an unnatural offence at Tamworth on September 5.

    Mr H De Lissa (instructed by Mr WF Tribe) appeared for the two accused, who pleaded not guilty.

    The following were the jury:—M Hayes, DP Hayes, T Pullman, WR Halliday, AR Muggleton, AT Donaldson, H Price, J Condon, P Lynch, JFH Magill, OG Kelly.

    Evidence was given by Constables Beatson and Condon, Sergeant Caldwell, Dr Shorter and Dr Harris.

    Both accused made statements from the dock.

    After retirement the jury found both accused guilty of attempt, and recommended Strike to mercy on account of mental weakness.

    Accused Jones was sentenced to five years and Strike to three years penal servitude in Grafton Gaol.

    The Court then adjourned.

~ ~ ~ ~ ~


Wainwright Morgan Jack Jones, Gaol photo sheet 13

SRNSW: NRS2138, [3/6075], Darlinghurst Photograph description books, 1910-1911, No. 11555, p. 293, R5114.


Gaol Photo Sheet - Transcribed Details

No. 11555

Date when Portrait was taken: 26-10-1910

Name: Wainwright Morgan Jack Jones

Native place: Victoria

Year of birth: 3-4-1863

Arrived       Ship: BS
in Colony }   Year: –

Trade or occupation
previous to conviction      } Draftsman

Religion: C of E

Education, degree of: R & W

Height: 5' 3"

Weight     On committal: 126
in lbs     } On discharge:

Colour of hair: Brown to Grey

Colour of eyes: Brown

Marks or special features: Minus four teeth top and one tooth lower jaw. Bald on top of head. Brown mark outside left calf, three brown scars on right shin and calf.

(No. of previous Portrait ... ) 

CONVICTIONS
Where and When Offence. Sentence

Tamworth CC

19

10

1910

Attempt buggery (2 counts)

5 years P.S. on 2nd Count.

1st Count to be taken at such time
and place as the Attorney General
may appoint.

 
~ ~ ~ ~ ~


George Strike, Gaol photo sheet 14

SRNSW: NRS2138, [3/6075], Darlinghurst Photograph description books, 1910-1911, No. 11556, p. 294, R5114.


Gaol Photo Sheet - Transcribed Details

No. 11556

Date when Portrait was taken: 26-10-1910

Name: George Strike

Native place: New Zealand

Year of birth: not known

Arrived       Ship: about 1890
in Colony }   Year:

Trade or occupation
previous to conviction      } Laborer

Religion: C. of E.

Education, degree of: R&W

Height: 5' 7"

Weight     On committal: 124
in lbs     } On discharge:

Colour of hair: Brown

Colour of eyes: Blue

Marks or special features: Scars on outside left wrist on inside and outside heel of left thumb. Two small brown moles outside right forearm, scar in heel of palm of right hand. Blue spot over right eyebrow. Indented scar on left kneecap.

(No. of previous Portrait ... ) 

CONVICTIONS
Where and When Offence. Sentence

Tamworth CC

19

10

1910

Attempt buggery (2 counts)

3 years P.S. on 2nd Count.

1st Count to be taken at such time
& place as the Attorney General
may appoint.

 

 

1     The Tamworth News and Liverpool Plains and Gwydir Districts’ Advertiser, Mon 5 Sep 1910, p. 3. Emphasis added.

2     The Tamworth News and Liverpool Plains and Gwydir Districts’ Advertiser, Mon 12 Sep 1910, p. 2.

3     The Tamworth News and Liverpool Plains and Gwydir Districts’ Advertiser, Mon 19 Sep 1910, p. 2. Emphasis added.

4     Clarence and Richmond Examiner, Thu 22 Sep 1910, p. 4.

5     The Sydney Morning Herald, Mon 17 Oct 1910, p. 8.

6     SRNSW: NRS880, [9/7162], Supreme Court, Papers and depositions, Maitland, 1910, No. 351. Emphasis added.

7     Two identical ‘Notice of trial’, although with different names, were contained in the file these have been combined into one.

8     SRNSW: NRS5813, [7/9326], Judiciary, WP Cullen, CJ. Notebooks Circuit Criminal, 1910-23, pp. 136-143. Emphasis added.

9     Chief Justice Sir (Dr) William Portus Cullen born 28 May 1855 at Mount Johnstone, near Jamberoo, NSW. A natural student, Cullen defied his father’s attempts to suppress his education, walked many miles daily to the nearest school at Kiama, and left home at 20, persuaded by Prof Charles Badham to enter Sydney University. At twenty-five he gained has BA with first-class honours in classics. He further gained an MA (1882), LLB (1885) and finally a LLD (1887) and admitted to the Bar on 30 Apr 1883. He was an MLA for Camden (1891-94) and an MLC 1895-1910). Cullen became a KC in 1905 and was appointed NSW Supreme Court’s Chief Justice on 14 Feb 1910 in succession to Sir Frederick Darley. On 27 Jan 1925 Cullen qualified for a judicial pension and retired at once because of gravely impaired health. He died on 10 Jun 1931 at Leura and was buried in the Anglican section of Wentworth Falls cemetery. ADB, 1891-1939, vol. 8, pp. 167-8.

10   Clearly a slip of the pen. Meant to read right.

11   Leopold in transcript of depositions.

12   The Tamworth News and Liverpool Plains and Gwydir Districts’ Advertiser, Wed 19 Oct 1910, p. 2.

13   SRNSW: NRS2138, [3/6075], Darlinghurst Photograph description books, 1910-1911, No. 11555, p. 293, R5114.

14   SRNSW: NRS2138, [3/6075], Darlinghurst Photograph description books, 1910-1911, No. 11556, p. 294, R5114.

 

Sodomy