Below also see: Arthur Wellesley Dalziel Foden, 1924 - Indecent assault

 

The Daily Telegraph, Wed 4 Oct 1922 ¹

CRIMINAL
——

…

(Before Judge Scholes.)

 

    Crown Prosecutor, Mr LJ McKean.

    Arthur Wellesley Daniziell Foden [aka Arthur Wessley Dalziel Foden], a youth, was convicted at the Quarter Sessions on a serious charge, [indecent assault on Raymond Quinn, 6 years], stated to have been committed at Bankstown on September 12. Foden, for whom Mr Henry appeared, was remanded for sentence. There was a strong recommendation to mercy on account of accused’s weak mentality.
…

BOY IMMIGRANTS
———
A COMPLEX POSITION
——
DREADNOUGHT £35,000
——

    Plans for the immigration of boys on a large scale have been in preparation ever since the Barnardo Boys’ Homes went into liquidation.

    A month ago the British headquarters of the Barnardo movement caused the New South Wales body to close up because it was discovered that, although splendid work was being done in this State, the local body was not strictly constitutional owing to its non-sectarian character and for other reasons.

    The principal workers in the local Barnardo Boy movement, including Sir Denison Miller and Mr HR Denison, took steps to have the body constituted which would do the work which had been carried on by the Barnardo’s Boys’ Home, but on an independent basis. It was decided to ask the co-operation of such organisations as the Boy Scouts, New Settlers’ League, Royal Colonial Institute, and the Dreadnought Fund, the idea being to form one powerful organisation which would bring out several thousand boys every year. Already the New South Wales Government has undertaken to bring 1200 boys annually, and it was believed that a body conducted by public-spirited men and women working along the same lines could be of great assistance.

    When the question of funds was raised, however, it was found that, although the Barnardo Homes (in liquidation) had a few thousand pounds, the only substantial moneys available, apart from what might be forthcoming from the Government, were the funds of the Dreadnought trustees.

    Then a hitch occurred. There is still £35.000 in the Dreadnought Fund, the trustees of which have been instrumental in bringing to Australia 260 boys. Mr HCL Anderson and Sir Allen Taylor, two of the most active of the Dreadnought Trustees, suggested that all the organisations interested should contribute a similar sum, or at least a substantial amount to the proposed new organisation, but this could not be done, and the matter was not finalised.

    In the meantime the Government has been approached, and efforts are being made to find a way out of the difficulty. The Dreadnought Trustees have their funds invested at fixed deposit, bearing only 4½ per cent. Interest, and hitherto they have been working on their capital. They are of opinion that if a fund of about £100,000 could be raised, so that a revenue of about £5000 a year would be available without breaking into the capital, the controllers of such a fund would be able to look after two or three thousand boys a year—not actually bringing them out to New South Wales, which task they regard as the work of the Government, but in seeing to their welfare after they are here.

    The Dreadnought Fund in the past paid the fares of the boys, but if this share of the expense was taken over by the Government—£13 a boy—the found would be available for attending to their comfort on the farms where they were established.

    The Government is already making arrangements to bring 1200 boy immigrants a year to New South Wales, and Ministers have expressed the opinion that the number can and should be greatly increased. This may be taken as an indication that in the near future an organisation will be established for bringing boys to this State on a throughly workable basis.

~ ~ ~ ~ ~

The Sydney Morning Herald, Wed 4 Oct 1922 ²

QUARTER SESSIONS.
(Before Judge Scholes.)
(Mr LJ McKean, Crown Prosecutor.)

…

SERIOUS OFFENCE.

    Arthur Wellsley Danziel Foden pleaded not guilty to having committed a serious offence, at Bankstown, on September 12. Mr Henry appeared for the accused, who was found guilty, with a strong recommendation to mercy on account of his weak mentality. Accused was remanded for sentence.

~ ~ ~ ~ ~

~ ~ ~ ~ ~

The Sun, Fri 6 Oct 1922 ³

SENTENCES AT SESSIONS
———◦———

    Judge Scholes passed the following sentences at the Darlinghurst Sessions to-day:—
    James Walsh, a painter, housebreaking, two years’ hard labor.
    George Hargraves, aged 29, a painter, housebreaking, two years’ hard labor.
    Albert John Hensley, age 17, housebreaking 12 months’ hard labor.
    Robert Skillbeck Harper, a collector, larceny, bound over to appear for sentence if called upon at any time within 12 months.
    Arthur Wellsley Danziel Foden, aged 23, farm hand, indecent assault, 12 moths’ hard labor.
    Horace Webber, traveller, larceny as a servant, bound over to appear for sentence if called upon at any time within two years, and to make £63 restitution.
    Charles Clarke, shopbreaking, two years’ hard labor.
    Francis McNeill, receiving, three years’ hard labor.
    Daniel Robert Preston, receiving, three years’ hard labor.
    Albert Edward Clynes, housebreaking, 12 months’ hard labor.
    Albert George Smith, housebreaking, 12 months’ hard labor.
    Ernest Donnolly, fraudulent misappropriation, 18 months’ hard labor.
    Joseph Sydney Menzies, shopbreaking, two years’ hard labor.
    Frederick Rennie Levitt, shopbreaking, 12 months’ hard labor.
    Clara Williams, theft of three valuable securities from a Chinaman, 12 months’ imprisonment.
    William Moon, aged 17, shopbreaking, 12 months’ imprisonment.
    Cyril Pearson, shopbreaking, 12 months’ imprisonment.

~ ~ ~ ~ ~

The Daily Telegraph, Sat 7 Oct 1922 ⁴

CRIMINAL
——

…

(Before Judge Scholes.)

    Crown Prosecutor: Mr LJ McKean.
…
    Arthur Wellesley Dalziel Foden, a serious offence, 12 months’ imprisonment, with hard labor.

~ ~ ~ ~ ~

The Sydney Morning Herald, Sat 7 Oct 1922 ⁵

QUARTER SESSIONS.
(Before Judge Scholes.)

    Mr LJ McKean, Crown Prosecutor.
…

SENTENCES.

…
    Arthur Wellsley Danziel Foden, who had been found guilty of a serious offence, was sentenced to 12 months’ hard labour in Grafton Gaol. Mr Henry appeared for the accused.

~ ~ ~ ~ ~

Arthur Wessley Dalziel Foden, Gaol photo sheet ⁶

---

Gaol Photo Sheet - Transcribed Details

No. 18866

Date when Portrait was taken: 4-10-1922

Name: Arthur Wellsley Daniel Foden

Native place: New Zealand Year of birth: 7-8-1899 Arrived       Ship: in Colony }   Year: BS Trade or occupation previous to conviction  } Farm hand Religion: RC Education, degree of: R & W Height: 5' 7⅛" Weight     On committal: 153 in lbs     } On discharge: Colour of hair: Auburn Colour of eyes: Blue

Marks or special features: Nil

(No. of previous Portrait ... )  CONVICTIONS
Where and When				Offence.	Sentence
Sydney Q.S	3	10	1922	Indecent assault on a male person	12 months HL

 

---

Arthur Wellesley Dalziel Foden, 1924

Depositions for Arthur Wellesley Dalziel Foden 2 Jun 1924 Sydney trial  ⁷

NEW SOUTH WALES POLICE.

Metropolitan District,

CI Branch, Sydney Station,
24th March 1924.

Report relevant to Antecedents of:–

Name: Arthur Foden.
Offence: Indecent assault.
Committed for Trial at: Central Criminal Court.
Date: 6th 2nd June 1924.

    I beg to report that above named fingerprints have been submitted to the Fingerprint Branch, and the following conviction is recorded against him.

    SQS [Syd Quarter Sessions] 3.10.22. Indecent assault on a male person, 12 months hard labour.

    Accused is a single man and is employed in a furniture shop as a salesman. As far as can be ascertained he does not associate with the criminal class.

[Signed] J Quinn, Detective Sergeant 3rd Class.

~ ~ ~ ~ ~

	Petty Sessions Office, Children’s Court, Sydney 21st March, 1924.
(a) Name in full of accused.	Rex v. (a) Arthur Foden.
(b) Offence.	(b) Indecent assault – on a male child.
(c) “Supreme Court,” or “Quarter Sessions.”	Depositions and the other Documents in the case of the above named accused who has been committed to take his trial at the (c) Central Criminal Court to be held at Sydney on Monday the 2nd day of June, 1924 are forwarded under separate cover
(d) “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 Recognisance.)	The accused is (d) confined in the prison at Long Bay.
(e) 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 (e) James Quinn, Bertha Dorren [sic–Doreen] Patterson for herself and child Richard John Patterson, and Ethel Cummings.
(f) Short description to enable identification.	The Exhibits enclosed are (f) nil
	[Signed] H[enry] T[homas] Adams Clerk of Petty Sessions Clerk of the Children’s Court
The Under Secretary 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 April, 1920

1

Depositions of Witnesses.

New South Wales,
TO WIT.                       }

The examination of James Quinn, of Sydney, in the State of New South Wales, Bertha Doreen Patterson, and Richard John Patterson, of 7 St Peters Street St Peters, and Ethel Cummings, of 5 St Peters Street St Peters, in the said State, taken on oath this 21st day of March, in the year of Our Lord one thousand nine hundred and twenty four at the Children’s Court, Sydney 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 Arthur Foden, who was charged this day before me for that he the said Arthur Foden, on the 10th day of March, in the year of Our Lord one thousand nine hundred and twenty four at St Peters, in the said State, did indecently assault one Richard John Patterson, a male person, of the age of four year and five months.

2

Arthur Foden.
Indecent assault.
Mr Henry for the accused.

    James Quinn sworn states, I am a Detective Sergeant stationed at Sydney.

    About 5 pm on the 11th March instant in company with Detective Sadler, I saw the accused at Newtown and said to him “We belong to the Police, a little boy named Patterson, living at 7 St Peters Street, St Peters has complained of your behaviour towards him yesterday.” Accused said “I did not hurt him, I called and saw Mrs Patterson this morning, and told her that I did not hurt him.” I said “The little boy has stated that you took his trousers down, took him into the bath room, put your person up against his, at the same time putting your arms around him, squeezed him and kissed him.” Accused said “I did not hurt him, I kissed him and played with his little tommy.” I then took accused to the Central Police Station, and charged him with the present charge, and he replied “If the meaning of indecent assault is handling him I am legally guilty.”

    By Mr Henry: I did not go with the intention of arresting defendant. I had previously seen the child. I had got a statement from the child. I had seen the mother of the child. I took a statement from her, a verbal one. I did not make any resolve then to arrest him. I had not made up my mind. I often have complaints made which are groundless.

(L.C.B.)

[Signed] J Quinn.

Taken and sworn at the Children’s Court Sydney, this 21st day of March 1924 before me.
[Signed] A Ormonde Butler, SM.

3

    Bertha Doreen Patterson sworn states, I live with my husband at 7 St Peters Street, St Peters. 

    The boy Richard John Patterson is my son, he was born on the 10th October, 1919.

    On the 10th March, 1924 I left the child Richard at the kindergarten school and I locked the house up, and went up the road at 2 pm. I returned at 4 pm and then found the house open, the front door and front window were open. I saw my son Richard. I said something to the child. I said “How did the place get open?” The child said “Goggles put me through the window.” The child always calls the accused Goggles. The child then started to cry and said “He did naughty things to me.” I said “What did he do?” The child said “He took my trousers down in the front room, and took them off in the dining room and played with my tommy, he carried me to the bathroom set me on his knee, and played with my tommy again, and put his on mine.” I said “Don’t be naughty.” The child said “He did Mummy, he gave me threepence to let him play with my tommy again, and said if I told you he would kill me.” I took no more notice then. When I was putting him to bed at about 7 o’clock he took a fit of screaming and said “Don’t leave me Mummy, as naughty Goggles will come again.” I then took the child to his father, and his father then asked him what had happened and he told his father. The child was very nervous telling him. I saw the accused next morning, my child Vincent, and Arthur Clingan were present. Accused came for payments I have to make on furniture, and I said to accused when I paid him, ten shillings, and while he was writing the receipt “What right have you to come into my place and tamper with my child?” He said “Yes, but there was no grievous harm done to him.”

4

I said to accused “The first day you came here you pulled his trousers down and gave him a panny to let you play with his tommy. I both saw and heard that with my own eyes.” He said “I did not touch his private at that time.” He trembled and went very white.

    On the 8th March instant the accused threw a penny up on to the balcony and said to the child “Come down.” I stopped the child going down.

    When the child was telling me at 4 pm on the 10th March, 1924, he said “He kissed and cuddled me, and turned round and smacked me on the bottom.”

    By Mr Henry: Accused was no friend of the household. He called each week for payments. He has been calling for about two months. He always came right into the house. Sometimes several children were there when accused called. Accused used only to play with the child Richard. He would hold the child’s hand and cuddle him, and smack his hand and say “We are old friends, aren’t we Jack.” He seemed to always run after the child. The child often resisted and said “Don’t do that.” He said to the child “You play with your tommy every day.” He said it several times. The child said to him “It is true, I will tell my mother, I will go in the burning fire if I do that.” Accused only smiled, and treated it as a joke. I heard several conversations like that; accused was a nuisance, I had to have him put out away once, by a friend. I did think is was extraordinary his conduct, and told him I would tell his boss. I told his boss Mr Cleeve not to send him. Accused did come back. The only way to get him away was to hit him away. He used to come right through the house whether you wanted him or not, and ask for water. The child has not made the same complaint about anyone else.

    I did not treat the child’s complaint seriously at first

5

because I was busy getting tea, and was in a hurry. I told my husband as soon as he came in. The child was sleeping then.

    The child is four years of age. My child’s trousers button on to his shirt, he cannot take them down. If he wants to make water we have to undo his trousers.

    The accused has taken down the child’s trousers in my presence. He had his hand down the trousers that day, all the buttons were undone, he had the trousers down to the child’s knees with one hand on them, and the other hand down. I did the trousers up, the accused did not do them up.

    After the child made the complaint I did not take any more notice until my husband came home.

    I said to the child “Don’t be naughty, because he was running in and out, and getting under my feet.” I did not mean he was telling imaginary tales.

    He has not taken any notice of any other child at my place, he seems to prefer him to anyone else.

(L.C.B.)

[Signed] Doreen Patterson.

Taken and sworn at the Children’s Court Sydney, this 21st day of March 1924 before me.
[Signed] A Ormonde Butler, SM.

6

    Ethel Cummings sworn states, I am a married woman residing with my husband at 5 St Peters Street, St Peters.

    On the 10th March, 1924 I was in my wash house doing the washing, I heard voices between 3.30 and 4 pm in Patterson’s house. The voices of a child and a man. My wash house adjoins that of Patterson’s. The bath room is next to it.

    I did not hear what was said.

(L.C.B.)

    By Mr Henry: The child did not cry. I did not listen to what was said. The voices were normal.

(L.C.B.)

[Signed] Ethel Cummings.

Taken and sworn at the Children’s Court Sydney, this 21st day of March 1924 before me.
[Signed] A Ormonde Butler, SM.

7

    Jackie Patterson being too young to be sworn states, If I tell stories I will go in the big fire. I know that I must only tell the truth. I promise to tell the truth.

    I know the man (the accused) in court. I call him Goggles. He did something to me. He played with my tommy. He put me in the window, I opened the door, and let him in the house. He took my pants down and played with my tommy. He took me down the bathroom after that, and played with my tommy in the bathroom, and he put his on mine. He said “If you tell your mummy I will kill you.” He gave me threepence when he took my pants off, and said “If you tell your mother I will kill you.” I did not ask him to take my pants down. I did not want to do anything with my pants down. I did not ask him to take them down. When I want to do anything someone has to take them down. But I did not ask Goggles to take them down.

    By Mr Henry: He has put his hands down my pants before, he puts his hands down my pants every day he comes. I always told my mummy what he did.

    I go to other little boys’ place to play. I never saw any other little boy play with his tommy.

    If I want to do anything when I am playing at other boys’ places I run home for mummy to take my pants down.

[Signed] Jackie (his X mark) Patterson.

Taken and sworn at the Children’s Court Sydney, this 21st day of March 19 before me.
[Signed] A Ormonde Butler, SM.

8

(F. 2– “Justice’s Act, 1902.”)

Statement of the Accused.

State of New South Wales, Sydney
TO WIT.                                           }

Arthur Foden, (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 21st day of March, 1924, for that he, the said defendant, on the 10th day of March, 1924, at St Peters, in the said State, did indecently assault one Richard John Patterson, a male person, of the age of four years and five months and the said charge being read to the said defendant, and the witnesses for the prosecution, James Queen [sic] Bertha Doreen [Patterson], Richard John Patterson, and Ethel Cummings. 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 with 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 plead not guilty and reserve my defence.” [Signed] Arthur Foden.

Taken before me and read over to the said defendant at Sydney in the said State, the day and year first above mentioned.
[Signed] A Ormonde Butler, SM.

9

G. 190.

New South Wales,
TO WIT.                    }

REX.
versus
Arthur Foden
correct name Arthur Wellesley Dalziel Foden Offence,— Indecent assault on a male child

    The accused stands committed to take his trial at the next Court of Central Criminal Court, to be holden at Sydney, in the State of New South Wales, on the second day of June 1924, or at such other Court to be holden at such place and time as the Attorney-General may appoint. Bail allowed the accused in £ and two sureties in £ each, or one in £ Bail not applied for

[Signed] A Ormonde Butler, SM

JP.

Dated at the Police
Office, Children’s Court
Sydney, in the said State,
this 21st
day of March,
AD 1924.
4g 416 - 88

10

“Justice’s Act, 1902.”

Recognizance to give Evidence.

State of New South Wales, Sydney
TO WIT.                                          }

Be it remembered, that on the 21st day of March in the year of Our Lord one thousand nine hundred and twenty four Bertha Doreen Patterson, of 7 St Peters Street, St Peters in the State of New South Wales, married woman personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged herself 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 of her goods and chattels, lands and tenements, to the use of our said Lord the King, his Heirs and Successors, if one Richard John Patterson shall fail in the condition indorsed. [Signed] Doreen Patterson.

Taken and acknowledged, the day and year first above mentioned, at Sydney in the said State, before me.
[Signed] EJ Etherton, JP.

The condition of the within written recognizance is such, that whereas one Arthur Wellesley Dalziel Foden (hereinafter called the defendant) was this day charged before A Ormonde Butler, Esquire, one of His Majesty’s Special Magistrates and Justices of the Peace for the said State, with indecently assaulting one Richard John Patterson, a male child of the age of four years.

If, therefore he the before mentioned Richard John Patterson shall appear at the next Central Criminal Court to be holden at Sydney in and for the State of New South Wales, on Monday the 2nd day of June 1924, at ten 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 defendant for the offence aforesaid, to the jurors who shall pass upon the trial of the said defendant. The the said recognizance to be void, or else to stand in full force and virtue.

[Signed] EJ Etherton, JP.

11

“Justice’s Act, 1902.”

Recognizance to give Evidence.

State of New South Wales, Sydney
TO WIT.                                           }

Be it remembered, that on the 21st day of March in the year of Our Lord one thousand nine hundred and twenty four James Quinn a Detective Sergeant of the Police Force, stationed at Sydney in the State of New South Wales, Bertha Doreen Patterson, of 7 St Peters Street, St Peters in the said State, married woman, and Ethel Cummings of 5 St Peters Street, St Peters in the said State, married woman 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, to the use of our said Lord the King, his Heirs and Successors, if they the before mentioned persons shall fail in the condition indorsed.

[Signed] James Quinn, Doreen Patterson, Ethel Cummings.

Taken and acknowledged, the day and year first above mentioned, at Sydney in the said State, before me.
[Signed] EJ Etherton, JP.

The condition of the within written recognizance is such, that whereas one Arthur Wellesley Dalziel Foden (hereinafter called the defendant) was this day charged before A Ormonde Butler, Esquire, one of His Majesty’s Special Magistrates and Justices of the Peace for the said State, with indecently assaulting one Richard John Patterson, a male child of the age of four years.

If, they the before mentioned persons shall appear at the next Central Criminal Court to be holden at Sydney in and for the State of New South Wales, on Monday the 2nd day of June 1924 at ten 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 defendant for the offence aforesaid, to the jurors who shall pass upon the trial of the said defendant. Then the said recognizance to be void or else to stand in full force and virtue.

[Signed] EJ Etherton, JP.

12

Charge Case No. 19.

For Hearing at the Central Police Court, on the 12th day of March 1924.
From No. Central pos.

Name and age of defendant: Arthur Foden 21
Date and Hour of Apprehension: 11-3-24. 5 pm.
Name of Apprehending Officer: Detectives Quinn and Sadler
If Charge Book Signed, name and address of person signing it:– Nil
Act and Section under which Charge laid: 40-1900-Sec 81
Offence: at St Peters near Sydney in the State of New South Wales, on the 10th March 1924, did indecently assault one Richard John Patterson a male person of the age of four years and five months.

    Remanded to the 21st March, 1924. Accused consenting. Bail allowed self in £80, with two sureties in £40 each, or one surety in £80.

[Signed] A Ormonde Butler, SM.
Children’s Court, Sydney, 12th March, 1924.
(L.C.B.)

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Central Criminal Court,
Sydney.
2nd June 1924
AG’s No. -----
Depositions.
CS’s No. 2
Rex
v.
Arthur Foden
Indecent assault on a male child
Committed at: Children’s Court
on: 21st March 1924

~ ~ ~ ~ ~

Central Criminal Court.
Date. June 2nd 1924
Cor. Ferguson Judge.
Plea. Not guilty
Verdict. Guilty
Judgment. 2 years hard labour Grafton Gaol. To date from 11th March 1924
WT Coyle
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.

~ ~ ~ ~ ~

Indecent assault on male
[Initialled] (JEC ?) [John Ernest Clark, Assistant Crown Solicitor]
?/24

~ ~ ~ ~ ~

Justice DG Ferguson’s notebook  ⁸ & ⁹

101

[Central Criminal Court, Sydney] Monday 2 June 1924

Arthur Foden
Coyle KC Crown Prosecutor
Young for defence

Indecent assault on a male child. 10 March – St Peters – Richard John Paterson ¹⁰
Plea: not guilty . Challenges 11
Coyle Crown Prosecutor

    Richard John Patterson examined Crown Prosecutor. (I admit his unsworn evidence)

I know prisoner as Goggles. He knocked at our door. He put me through the window. I opened the door. He came in. He played with my Tommy. He took me in dining room & took my pants off – took me to bath room – he put his foot on the bath & played with my Tommy. He kissed me & cuddled me. He turned round till I smacked his bottom. That was all. He gave me 3d. He said: if you tell my mother I’ll kill you. I went out in the street. (?) I told spoke to my mother.

Q: What did you tell your mother?

Objected to – not pressed.

Cross-examined Young. What did your mother tell you to say? (Repeats story)

102

2 June 1924

    Bertha Doreen Patterson examined Crown Prosecutor. Richard John Patterson – Born 28 October ‘19. I sent him to kindergarten. I returned home after 4 – I left doors shut. When I returned window open & front door. Back doors all opened. Jacky came in crying. He said: Goggles was here & he played with my Tommy. I said: Don’t be a naughty boy. He said: He put me through window (repeats story in practically same words as child). – Police were informed – Next morning accused came about half past 8. He was collecting for furniture. I paid him 10/-. I said: What did you tamper with my child for? He said: There was no grievous harm done to the boy. I said he had been cautioned before for putting his hand down the child’s trousers. He turned white & trembled. I said the child’s father had seen the police about it. He walked off.

    Cross-examined Young. I told him as he was writing to the police. The father went to the police about 7 am. There was no injury done to the child. My husband came home about 7. I suppose the child had been home about ¼ hour when I got home.

103

Mrs Patterson Foden

    Mrs Patterson cross-examined. Goggles has always had been a nuisance in the house. The little boy told me he smacked his bottom. I didn’t say that before because it didn’t suit me.

    Re-examined. I have no set on the accused.

    Cross-examined. I did not meet the accused at ¼ to 5 on Monday. I was not at Newtown at ¼ to 5. I was at St. Peters about 5 to 4. I saw the clock at St. Peters station. It took me about 20 minutes to get home.

    Ethel Cummings examined Crown Prosecutor. Between 3.30 & 4 I was in the wash house adjoining the Paterson’s bath room. You can hear voices easily. I heard a man talking to a boy in their wash house.

    Cross-examined Young. His mother said she put him through his evidence every day. She said another man had caught hold of his person on the Saturday.

    Sergeant James Quinn examined Coyle Crown Prosecutor. 5 pm 11 March I saw accused at Newtown.

I said: We are Police. A little boy named Patterson has told about your behaviour to him yesterday.

He said: I did not hurt him. I called and saw his mother and told her this morning that I did not hurt him.

I said: The little boy states that you took his trousers down and then took him into the bathroom. You put your person against his. At the same time you put your arms around him and kissed him and squeezed him.

104

2 June 1924

    Detective Quinn Accused said: I did kiss him and played with his little Tommy but I did not hurt him.

Took him to police station. Charged him.

He said: If you mean an indecent assault is handling him I am legally guilty.

    Cross-examined Young. The mother told me what the child said. I saw the little boy & he told me what happened. I saw the didn’t The mother didn’t didn’t tell me exactly what the child child had told her her. She didn’t tell me (that ?) on Saturday afternoon another man had interfered with the boy – or that she was teaching him how to give evidence.

    Detective B[ertrand Earl] Sadler examined Crown Prosecutor. With Sergeant Quinn.

Quinn said: We are Police. The little boy living at 7 St Peters Street St Peters complained about your behaviour yesterday.

I did not hurt him.

I called and saw his mother this morning and told her I did not hurt him.

This little boy states that you took his trousers off.

You took him into the bathroom and placed your person against his.

You put your hands around his Tommy and squeezed and kissed him.

I did kiss him and play with his little Tommy but I did not hurt him.

He was charged.

If the meaning of indecent assault is handling him then I am legally guilty.

    Cross-examined. I was there when the mother told Quinn what the little boy said took place.

(We ?) asked the boy questions. He gave it very well.

105

    Detective Sadler cross-examined. The boy told me he tapped him on the bottom.

Case for Crown

Accused makes statement

Young to jury

(?) next morning

Coyle Crown Prosecutor

I sum up

Jury retire 11.5053

12.55 Verdict: Guilty

(Recorder: (Sq.S ?) 2 October 22: Indecent assault on a male 12 months hard labour)

Two years imprisonment in Grafton Gaol to date from 11 March.

~ ~ ~ ~ ~

[at p. 105 was the following Justice Department letter]

Department of the Attorney General and of Justice
Sydney, 12th August, 1924.

The Hon Mr Justice Ferguson
Chambers, Supreme Court

In reply please quote No. 0.1924/7588

Sir,
     Referring to your letter of 18th June last respecting the case of Arthur Foden, I have the honor to inform you that the Minister of Justice has decided that further consideration of this case is to stand over until the new Prison Reform Bill becomes law.

    In the meantime Foden will be employed at healthy outdoor work apart from other prisoners and under proper supervision.

    I have the honor to be,
       Sir,
    Your obedient servant,
[Signed] W[illiam] J[ames] Kessell
Under Secretary of Justice.

~ ~ ~ ~ ~

The Daily Telegraph, Tue 3 Jun 1924 ¹¹

CRIMINAL.
———
(Before Mr Justice Ferguson.)

    Crown Prosecutor: Mr WT Coyle, KC.

A SERIOUS OFFENCE.

    Arthur Foden, a young man, was charged at the Central Criminal Court with committing a serious offence at St Peters, on March 10. Mr J Young (instructed by Mr AS Henry) appeared for the defence.

    Accused was convicted and sentenced to two years’ imprisonment, with hard labour.

~ ~ ~ ~ ~

The Sydney Morning Herald, Tue 3 Jun 1924 ¹²

CENTRAL CRIMINAL COURT.
(Before Mr Justice Ferguson.)

    Crown Prosecutor, Mr WT Coyle, KC.
…

INDECENT ASSAULT.

    Arthur Foden was charged with indecently assaulting a little boy, 4½ years of age, at St Peters, on March 10.

    Accused, who was defended by Mr Young (instructed by Mr AS Henry), was convicted, and sentenced to two years’ imprisonment with hard labour in Grafton gaol.

~ ~ ~ ~ ~

Truth, Sun 8 Jun 1924 ¹³

PUDDIFOOT DISCIPLE AT NEWTOWN
———◦———
T. P. FURNITURE COLLECTOR CALLS WHILE
SMALL BOY’S MOTHER IS OUT
————
FODEN’S SECOND CRIME

    COINCIDENCES are frequently strange because they are true.

    ALMOST a year ago, Mr Justice Ferguson, sitting in the Central Criminal Court at Darlinghurst sentenced to three years’ gaol the notorious pommy, Puddifoot, found guilty of the manslaughter, near the Arncliffe railway line, of little Australian Perey Carat under revolting circumstances.

    LAST Monday, the same Judge, sitting in the same capacity in the same court-room, was called upon to pass sentence upon another Puddifoot—Arthur [Wessley Dalziel] Foden.

    The crime was almost the same as the immigrant’s hardly different except that the blood of an innocent child had not been spilt.

    For Foden stopped at murder, and received exactly one year less than Puddifoot.

    But, there the coincidences do not cease. In about two years time, Puddifoot will be given his freedom again unless he is gathered in by the legislation designed to capture his type.

    Huddled up in the dock, Foden, a fair-haired, misshapen wretch, whose rounded shoulders made him appear even more repulsive, brought sharply to mind the striking resemblance he bore to Puddifoot.

    The shaggy, unkept hair that hung over a low, unintelligent forehead; the short-sighted eyes that peered through thick spectacles; the sharp ridged nose, turned up at the end; the weak, twitching mouth; the inane look on a characterless face—all brought back to mind again that day twelve months before, when Puddifoot stood his trial for a crime that had shocked the country.

T. P. COLLECTOR.

    Foden was a time-payment collector, employed by a Newtown furniture selling firm, and in the course of his duties, he had to call upon a married woman who lived in St Peters, not more than twenty minutes walk from the St Peters station.

    And so it was that on his rounds on the afternoon of March 10, he found himself knocking at the door of St Peters’ woman’s house.

    But the woman was out with her baby on an errand near the St Peters railway station.

    Foden was about to leave to finish his rounds when there scampered along to him a little boy son of the woman, just released from the kindergarten school, at which he had been attending.

    Maybe, it was some strange, unkind twist of fate that found Foden there alone with the little boy. What devil there may have been lurking somewhere within his warped and twisted mind, suddenly broke loose at the first sign of nobody near, and made him take a step that soon delivered him into the hands of the law.

    He opened the window, and pushed the little boy through with instructions to open the front door.

    The little chap did as he was bid, and followed by Foden, went to the dining room, and thence to the bathroom where the unhappy wretch committed the offence that eventually sent him to prison to atone in the way the law demanded.

    About four o’clock, Foden vanished, leaving the little fellow behind him alone. Crying to wait till his mother came back from her errand.

    Strange to say, when the mother heard of the complaint, she refrained from informing the proper authorities till the afternoon of the next day, and it was this fact that went close to giving Foden his freedom.

    Instead, in the morning she answered his knock at her front door, paid him ten shillings owing by her as part payment on some furniture, and then tackled him, rather gently, it seems, about his conduct with her little boy.

    He did not deny it, and merely said that no grievous harm had been done.

    She reminded him that he had been cautioned before for his conduct towards the little boy when he first came there.

    He went white, and started to tremble, but when told that the child’s father was going to see the police about it, he cleared off.

KISSED THE LITTLE BOY

    The day gave Foden some respite, but the same afternoon he was interrogated by Detective-sergeant [James] Quinn and Detective-sergeant [Bertrand Earl] Sadler, and so damning were his admissions that they took him to the Central Police Station and charged him with an abominable offence.

    “I did kiss him,” he admitted, “but I did not hurt him.”

    When the charge was read out to him, he said, qualifying a statement which he made, “I am legally guilty.”

    Inferences that the charge really emanated from the mind of the boy’s mother were made at the trial by Mr Young as legal advocate for the defence, and he suggested in his cross-examination that it was an attack on Foden as a time-payment collector.

    That also was Foden’s explanation from the dock—he took fine care not to enter the witness box—when he suggested that he had had trouble with the little chap’s mother over money that she owed the firm by which he was employed.

    He entered the house with the little boy all right, but solely to see if the furniture was still there.

    “What is the world coming to?” Crown Prosecutor Coyle, KC, put to the jury in his address, “What is the world coming to if a grown man can tamper with a little boy like this, and, to use vulgarism, ‘Gat away with it’?”

    Foden did not “get away” with it, although for an hour his fate hung in the balance.

    The jury found against him, and for their own knowledge, in justification for their verdict, they were informed by the Crown Prosecutor that they had made no mistake. Foden had already suffered for a similar offence, having been sentenced on October 3, 1922, to twelve months’ hard labor.

    “It is very hard to know what is to be done in the case of a young man found guilty of an abominable offence of this kind”, his Honor said. “It would be thought that the previous sentence would have been reformative, but it was not”.

    Foden was sentenced to two years in Grafton Gaol, a prison wherein others of this kind are kept.

~ ~ ~ ~ ~

Arthur Foden, Gaol photo sheet ¹⁴

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Gaol Photo Sheet - Transcribed Details

No. 20157

Date when Portrait was taken: 3-6-1924

Name: Arthur Foden
(aka Arthur Wellsley Daniel Foden)

Native place: New Zealand Year of birth: 7-8-1899 Arrived       Ship: in Colony }   Year: BS Trade or occupation previous to conviction  } Farm hand Religion: R. C. Education, degree of: R & W Height: 5' 7⅛" Weight     On committal: 153 in lbs     } On discharge: Colour of hair: Auburn Colour of eyes: Blue

Marks or special features: Nil

(No. of previous Portrait .. 18866) CONVICTIONS
Where and When				Offence.	Sentence
Central Criminal Court	2	6	1924	Indecent assault on a male person	12 months HL
And 1 previous conviction for which see Photo No. as above

 

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¹     The Daily Telegraph, Wed 4 Oct 1922, p. 7.

²     The Sydney Morning Herald, Wed 4 Oct 1922, p. 10.

³     The Sun, (Sydney, NSW), Fri 6 Oct 1922, p. 5. Emphasis added.

⁴     The Daily Telegraph, Sat 7 Oct 1922, p. 8.

⁵     The Sydney Morning Herald, Sat 7 Oct 1922, p. 9.

⁶     SRNSW: NRS2467, [3/6108], State Penitentiary photographic description book, 5 Sep 1922-24 Mar 1923, No. 18866, p. 49.

⁷     SRNSW: NRS880, [9/7277], Supreme Court, Papers and depositions, Sydney, Jun 1924, No. 2. Emphasis added.

⁸     SRNSW: NRS5933, [7/10277], Judiciary, DG Ferguson, J. Notebooks Criminal Darlinghurst, 1911-30, pp. 101-5. Emphasis added.

⁹     Thanks to Mrs Jo(sine) Gillis for transcribing the Pitman shorthand found in Justice DG Ferguson’s notebook.

¹⁰   Elsewhere, Patterson.

¹¹   The Daily Telegraph, Tue 3 Jun 1925, p. 2.

¹²   The Sydney Morning Herald, Tue 3 Jun 1924, p. 6.

¹³   Truth, (Syd, NSW), Sun 8 Jun 1924, p. 15. Emphasis in original and added.

¹⁴   SRNSW: NRS2467, [3/6111], State Penitentiary photographic description book, 14 Jan 1924-5 Jun 1924, No. 20157, p. 302.

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