Joseph Carew, 1922
Below also see: Joseph Carew, 1924 - Indecent assault
The Sydney Morning Herald, Thu 7 Sep 1922 1
DISTRICT COURT.
(Before Judge Cohen.)
…
BREACH OF CONTRACT ALLEGED.
Margaret Ann Power, of Epping-road, Double Bay, married woman, claimed £50 from Joseph Carew, of 115 Bathurst-street, Sydney, piano vendor, for alleged breach of contract and false representation. The case for the plaintiff was that she agreed to purchase from the defendant a Carl Hesse piano, on the hire purchase system, he having represented that the instrument was in good order and condition, and free from any defects. She alleged that at the time he made the representation, the piano was, as the defendant well knew, riddled with the “borer.” she, not knowing at the time, the presence of the “borer,” accepted delivery of the instrument, and had paid £34 in respect of the contract. When she discovered the “borer” in the instrument, it was agreed that in consideration of her allowing the defendant to take back the piano and refraining from taking any proceedings for damages for false representation, the defendant promised to repay her the £34 she had paid, and forego any further payments by her under the agreement, yet he did not repay her the £34, and had repudiated the agreement. The defendant denied the alleged breach and false representation, and pleaded that he did not promise as alleged. Mr Dovey (instructed by Mr Frank S Moore) appeared for the plaintiff; and Mr Tucker (instructed by Mr CP White) represented the defendant.
His Honor gave a verdict for the plaintiff for £34.
Joseph Carew, 1924
Depositions for Joseph Carew 19 March 1924 Sydney trial 2
NEW SOUTH WALES POLICE.
Metropolitan District,
No. 1 Police Station,
11th March 1924.
Report relevant to Antecedents of:–
Name: Joseph Carew
Offence: indecently assault a male person.
Committed for Trial at: Central Criminal Court
Date: 17th March 1924.
I beg to report that there are no known convictions recorded against accused.
He is fifty nine years of age, native of Ireland, and is in business as a piano dealer etc. at 473 George Street, Sydney.
He is alleged to have been committing unnatural offences for a considerable time, and admits to six years.
[Signed] Thomas H Thornley, Sergeant 3rd Class.
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Petty Sessions Office, Central Police Court. Sydney, 11th March 1924. |
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(a) Name in full of accused. |
Rex v. (a) Joseph Carew |
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(b) Offence. |
(b) Indecent assault on a male person |
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(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) Supreme Court to be held at Sydney on Monday the 17th day of March 1924. are forwarded under separate cover |
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(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 Gaol at Long Bay |
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(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) Sergt Thomas Thornley, No. 1 Police Station. James Williams of George St North, City and Joseph Patrick Ryan, of No. 1 Police Station. |
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(f) Short description to enable identification. |
The Exhibits enclosed are (f) Nil |
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[Signed] M[elville] C[harles] Nott |
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The Under Secretary of Justice. |
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N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates April, 1920 |
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RECORD OF EXHIBITS. |
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Distinguishing Letter or Number. |
Description of Exhibit. |
In whose custody or how disposed of. |
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1 |
Boxes, Paper, Screens etc. at No. 1 Station |
Police Sgt Thornley |
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Central Police Court, Sydney. 11 Mar 1924 [Initial illegible] Dep. Clerk |
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1
Depositions of Witnesses.
New South Wales,
TO WIT. }
The examination of Thomas Thornley of No. 1 Police Station, Sydney in the State of New South Wales, Sergeant of Police, James Williams of George Street North, Sydney, labourer, and Joseph Patrick Ryan, Police Constable, of No.1 Police Station, Sydney in the said State, taken on oath this 11th day of March 1924, at the Central Police Court, in the said State, before the undersigned Relieving Stipendiary Magistrate and one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of Joseph Carew who is charged this day before me for that he the said Joseph Carew on the 10th day of March 1924 at Sydney in the said State, did commit an indecent assault upon one James Williams, a male person.
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This Deponent being duly sworn states:– My name is Thomas Thornley. I am a Sergeant of Police stationed at No.1 Police Station, Sydney.
Sydney Town Hall, c.1897. Image: NSW State
Library collection. Reproduction: Peter de Waal
On Friday the 2nd March 1924 I was told something by a man named Richards. Later that night I was told something by a man named Williams. About 6 pm yesterday Williams told me something and I gave he and Constable Ryan certain instructions. They then went to accused’s business place at 473 George Street, Queen Victoria Markets, Sydney.
There is also an entrance leading from York Street right through the building into George Street.
About 6.40 pm I heard knocking at the back door of those premises which are glass panelled. I saw a large sheet of brown paper being placed in front of the glass in that door.
At 7.20 pm William opened the back door and told me something, I was then in York Street.
In company with Detective Sergeant Mackay and Constable Pickard I went into the building where I saw Constable Ryan and the accused. He was very flurried and trying to button up the fly of his trousers. I said “What have you been doing?” Constable Ryan said “This man tried to place Williams’ person (referring to the man Williams) in his mouth. And he took his false teeth out.” accused is wearing false teeth. Accused made no reply.
Mackay said “What are these men doing in here anyhow at this time of night when your business closed at six o’clock?” He made no reply.
I then made an examination of the shop and found a large wooden screen about the centre of the shop which obscured the view from George Street entrance from the back front of the
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building to the back.
There were some large cases near the back door with a box standing on one of the large cases with the lids of two large cases resting against them which obscured the view from York Street into the building. There was also brown paper in front of the glass panel of the door leading into York Street from the building. The glass in that door is clear glass and you can see plainly in the door. The glass in George Street is also clear glass and if there is nothing in front of it you can see right into the building.
I saw the paper being put in front of the door but it was impossible for me to say who was doing it. I also saw a chair with a cushion on it in a corner of the back portion of the building occupied by the accused, it was in a corner and that corner could not be seen from either door. I took possession of all the things which I have enumerated and they are now at the Police Station. The front portion of the premises are occupied by the ANA Machine Company and the back portion by the accused. There is nothing to prevent anyone from going from the Machine Company’s portion to the defendant’s portion of the building.
Articles at No. 1 Police Station tendered and marked Exhibit 1.
Defendant has been there in business for some months in a new and second-hand musical instrument business. I understand his son-in-law is also employed at the premises of the accused.
At the time I first saw the defendant his false teeth were not out.
The defendant was perfectly sober.
I then took him to No. 1 Police Station where I asked him for his name, age etc. and when giving his age
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he said “I am old enough to have better sense.” I said “Serious complaints have been made about you, Carew.” He said “All men have weaknesses, some have drink others gambling.” I said “How long have you been practising this business?” he said “About six years, I was run down and a doctor who was travelling round the world, told me it was good for the nerves, and I have been doing it ever since.”
I noticed him putting something in his mouth and start chewing. I took it from him and found it was “Cure-em-quick”. When I first saw him at the shop I said to him “Complaints have been made regarding your conduct.” He made no reply to that.
He made no reply when charged at the Police Station. I found nothing on him when searched relating to the charge.
No questions.
Read over and adhered to F.G.
[Signed] Thomas Thornley.
Taken and sworn at Central Police Court, Sydney, this 11th day of March 1924 before me.
[Signed] WLB Brown, RSM.
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This Deponent being duly sworn states:– My name is James Williams. I am a labourer. I reside at George Street North, City.
About 5.30 pm on the 10th March instant I went to the defendant’s shop at his invitation. Pervious to that I had told the Police something. When I arrived at the shop I saw the defendant there. He said “I am busy now, will you come back after I’ve closed up?” I then left the defendant’s premises and saw Constable Ryan.
I then returned to defendant’s premises about ten minutes past six in company with Constable Ryan. When we arrived at the premises the defendant was standing just outside his shop in York Street. I introduced Ryan to the defendant saying in reference to Ryan “This is my cousin.” I had met Constable Ryan before and also the accused on the Saturday previous.
After introducing the Constable accused said “Will we go in and have a tune on the piano?”, and the three of us entered accused’s shop through the York Street door. The defendant turned on the lights and opened the pianola, produced some rolls of music and asked Constable Ryan to “have a tune”.
Ryan then sat down and played the pianola. At the time Ryan was playing the pianola accused was putting screens across the door leading into York Street. He covered the door leading from George Street with a paper screen also a big piece of paper. Ryan was still playing the pianola. It did not take very long for accused to put the screens up.
Accused then tried to kiss me.
He said “I would like to have a good time,” at the time he said that he tried to catch hold of my penis. Ryan was still playing the
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pianola. Accused then kissed me again. He then placed his hand on my person the second time. He said in reference to Ryan “He is a lovely boy.” He said “This man is he all square, is he all right?”, that was referring to Ryan.
I said “Yes, he is all right.”
Defendant then gave Ryan some extra rolls of music and asked him to play them, and move the pianola out from the wall and put all the lights out except one at the George Street end of the room. After he put those light out he brought a chair from some other part of the building and placed it at the back of the pianola.
He then asked me to come round the back of the piano, he caught hold of me and pulled me round the back of the piano. Defendant sat on the chair. I was standing in front of him. Defendant undid the fly of my trousers and undid the top button of the fly of his trousers. He took his false teeth out. He took hold of my penis which he took out of my trousers. He was just going to put it into his mouth and I sneezed and Constable Ryan charged round the corner. He had finished playing when I sneezed. Ryan said “You dirty old mongrel, I belong to the Police, I have heard a lot about this conduct. This is the limit, I am going to arrest you.” the other Police then came into the building.
At the time the Police rushed in I had taken the screen down from the door into York Street and I opened the door and let the Police in.
By defendant: I did not exactly kid to be drunk when I came to the shop. I might have had a few drinks but I never kidded to be drunk.
I did not open my trousers and open my shirt up and say “Look I have got no hair on my chest.” I did nothing of the kind.
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I was not mauling you about kidding to be drunk.
To Constable (?): I first saw the accused about five months ago. I just came down from Penrith and was coming down George Street near his business place and at that time I was pretty drunk and the defendant spoke to me first and said “Good night,” I answered him and said “Good night.” He then started to talk about different things. He asked me to go for a stroll and we went to the park where Captain Cook’s monument is and we sat on a seat and he started to fool about.
Nothing happened there and he wanted me to go down to the shop and I then left him. I saw him again on the Friday night that I informed the Police that I spoke of.
Read over and adhered to F.G.
[Signed] James Williams.
Taken and sworn at Central Police Court, Sydney, this 11th day of March 1924 before me.
[Signed] WLB Brown, RSM.
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This Deponent being duly sworn states:– My name is Joseph Patrick Ryan, I am a Police Constable stationed at No. 1 Police Station, Clarence Street, Sydney.
About 6 pm on the 10th March instant I saw Williams with Sergeant Mackay and Sergeant Thornley and Constable Pickard at the Clarence Street Police Station. Williams told me something and I received certain instructions from Sergeant Mackay and Sergeant Thornley. I then went with Williams to the defendant’s shop and went to the rear of it which is in York Street. We there saw the defendant waiting outside the shop Williams introducing me to the defendant as his cousin. Defendant said “We will go inside and have some music.” We then went inside. The defendant turned on the lights, opened the pianola and produced some rolls and said to me “You play these rolls.” I sat down at the pianola and played them whilst the defendant barred the back door and placed screens on back and front. I played for about half an hour. I then saw the defendant kissing Williams and placing his hand on Williams’ person. I kept on playing and come time after defendant again kissed Williams and put his arms round him. He then pulled one end of the piano that was against the wall. He pulled it out from the wall one end of it and placed a chair behind it. He turned out the lights leaving one light in the front of the shop lighted. He then took Williams in behind the piano.
I had made previous arrangements with Williams and after being round behind the piano for some time I heard Williams sneeze and I went round the piano and saw the defendant sitting on a chair. Williams was standing up in front of him facing him, defendant had Williams’ person in his hand about to place it in his mouth. The defendant’s fly
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was unbuttoned and his person was out. I said to the defendant “You dirty old mongrel, I belong to the Police. I have heard a lot about your conduct but this is the limit, I am going to arrest you.”
At that time Williams left to go to the door. He opened the door. Whilst Williams was away accused took a full set of false teeth from his right hand coat pocket and placed them in his mouth and then did up his fly. Sergeant Mackay, Sergeant Thornley and Constable Pickard then came in. Defendant was then taken away to the Police Station.
Prior to the man Williams introducing me to defendant as his cousin I had seen the defendant before.
I heard no reference to myself by the accused whilst I was playing the piano.
No questions.
Read over and adhered to F.G.
[Signed] Joseph P Ryan.
Taken and sworn at Central Police Court, Sydney, this 11th day of March 1924 before me.
[Signed] WLB Brown. RSM.
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(F. 2– “Justice’s Act, 1902.”)
Statement of the Accused.
State of New South Wales, Sydney
TO WIT. }
Joseph Carew (hereinafter called the defendant) stands charged before the undersigned, Relieving Stipendiary Magistrate and one of His Majesty’s Justices of the Peace in and for the said State, this 11th day of March 1924, for that he, the said defendant, on the 10th day of March, 1924, at Sydney in the said State, did commit an indecent assault upon one James Williams a male person and the said charge being read to the said defendant, and the witnesses for the prosecution, Thomas Thornley, James Williams and Joseph Patrick Ryan being severally examined in his presence, and (the depositions of the said witnesses having been read to him), the said defendant is now addressed by me the said Justice as follows:– “Having heard the evidence, do you 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 do not wish to say anything here.” [Signed] J Carew.
Taken before me and read over to the said defendant at Sydney in the said State, the day and year first above mentioned.
[Signed] WLB Brown, RSM.
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G. 190.
New South Wales,
TO WIT. }
REX.
versus
Joseph Carew
Offence: Indecent assault on male person
The accused stands committed to take his trial at the next Court of Central Criminal Court, Supreme Court to be holden at Sydney, in the State of New South Wales, on the seventeenth day of March 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 £150 and two sureties in £75 each, or one in £150.
Informed by Bench of provisions of Poor Prisoners’ Defence Act .
[Signed] WLB Brown, Relieving Stipendiary Magistrate
JP.
Dated at the Central Police
Office, Sydney.
in the said State,
this eleventh
day of March
AD 1924.
4g 416 - 88
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Charge Case No. 18
For hearing at the Central Police Court, on the 11th day of March 1924 from No. 1 Police Station.
Name and Age of Defendant: Joseph Carew (59)
Date and Hour of Apprehension: 10th March, 1924, 6 pm.
Name of Apprehending Officer: Detective Mackay, Sergeant Thornley, Constables Pickard and Ryan.
If Charge Book signed, Name and Address of Person Signing it: -----
Act and Section under which Charge laid: Act 40. 1900. Section 81.
Offence: At Sydney on the 10th day of March, 1924, did commit an indecent assault upon a male person named James Williams.
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“Justice’s Act 1902.”
Recognizance to give Evidence.
State of New South Wales, Sydney
TO WIT. }
Be it remembered, that on the 11th day of March in the year of Our Lord one thousand nine hundred and twenty four Thomas Thornley a Sergeant of the Police Force, stationed at NO. 1 Station in the State of New South Wales, Joseph Patrick Ryan of No. 1 Station Sydney in the said State, Constable of Police and James Williams of George Street North, Sydney in the said State, labourer 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 said before mentioned persons shall fail in the condition indorsed. [Signed] Thomas Thornley, James Williams, Joseph P Ryan.
Taken and acknowledged the day and year first above mentioned, at Sydney in the said State, before me.
[Signed] MC Nott, JP.
The condition of the within written recognizance is such, that whereas one Joseph Carew (hereinafter called the defendant) was this day charged before WLB Brown Esquire one of His Majesty’s Justices of the Peace for the said State, for that with indecently assaulting a male person.
If, therefore, 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 first day of April 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] MC Nott, JP.
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[On the depositions’ cover sheet is the following]
Central Criminal Court,
Sydney.
17th March 1924
AG’s No. -----
Depositions.
CS’s No. 25
Rex
v.
Joseph Carew
Indecent assault on a male person
Committed at: Central
on: 11th March 1924
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Court. -----
Date. 19.3.24
Cor. James SC Judge.
Plea. Guilty
Verdict.
Judgment. 12 months hard labour
If conduct regarded good judge might recommend (reduction ?).
WT Coyle
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.
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Indecent assault on a male person
[Initial illegible]
18/3/24
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Justice AGF James’s notebook 3
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[Central Criminal Court, Sydney] 19 March 1924
Joseph Carew – Indecent assault
Plea – Guilty
19/3/24 – Mr Coyle KC
Mr Cannon for accused
Remanded for sentence.
12 months imprisonment – make a recommendation in 6 months.
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The Daily Guardian, Wed 19 Mar 1924 4
LAW LIST
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TO-DAY’S CASES
SUPREME COURT
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CENTRAL CRIMINAL COURT
George Henry Fullerton, Indecent assault. Joseph Carew, Indecent assault.
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The Daily Telegraph, Thu 20 Mar 1924 5
THE LAW COURTS
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CRIMINAL
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(Before Mr Justice James.)
Crown Prosecutor Mr WT Coyle, KC.
OLD MAN SENTENCED.
Joseph Carew (59) pleaded guilty to a charge of having committed a serious offence at Sydney on March 10. Mr Leslie Cannon appeared on behalf of Carew, who was sentenced to twelve months’ imprisonment with hard labour. His Honor said that if at the end of six months the report of the gaol authorities as to the conduct of prisoner was favorable [sic] he might recommend a reduction of the sentence.
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The Sydney Morning Herald, Thu 20 Mar 1924 6
CENTRAL CRIMINAL COURT.
(Before Mr Justice James.)
Crown Prosecutor, Mr WT Coyle, KC.
…
ASSAULT.
Joseph Carew pleaded guilty to indecently assaulting a male person at Sydney on March 10, and was sentenced to 12 months, imprisonment with hard labour. His Honor said that if the gaol authorities reported favourably, he might recommend a reduction of the sentence. Mr Leslie Gannon appeared for the defence.
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Joseph Carew, Gaol photo sheet 7
![SRNSW: NRS2467, [3/6111], State Penitentiary photographic description book, 6 Jun 1924-11 Oct 1924, No. 20004, p. 141.](../../images/trials/1924-Carew-6111-gaol-photo-20004.jpg "SRNSW: NRS2467, [3/6111], State Penitentiary photographic description book, 6 Jun 1924-11 Oct 1924, No. 20004, p. 141.") |
Gaol Photo Sheet - Transcribed Details
No. 20004
Date when Portrait was taken: 20-3-1924
Name: Joseph Carew
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Native place: Ireland Year of birth: 8-12-1864 Arrived Ship: Samuel Plimsell Trade or occupation Religion: Presbyterian Education, degree of: R&W Height: 5' 6¾" Weight On committal: 194 Colour of hair: Brown to grey Colour of eyes: Blue |
Marks or special features: Brown mole on left cheek |
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(No. of previous Portrait ... ) CONVICTIONS |
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| Where and When | Offence. | Sentence | |||
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Central Criminal Court |
19 |
3 |
1924 |
Indecent assault on a male person |
12 months HL. |
1 The Sydney Morning Herald, Thu 7 Sep 1922, p. 6.
2 SRNSW: NRS880, [9/7276], Supreme Court, Papers and depositions, Sydney, Mar 1924, No. 25. Emphasis added.
3 SRNSW: NRS6150, [7/9147], Judiciary, AGF James, J. Notebooks Criminal, 1920-33, p. 51.
4 The Daily Guardian (Syd), Wed 19 Mar 1924, p. 3. Emphasis added.
5 The Daily Telegraph, Thu 20 Mar 1924, p. 2.
6 The Sydney Morning Herald, Thu 20 Mar 1924, p. 6.
7 SRNSW: NRS2467, [3/6111], State Penitentiary photographic description book, 6 Jun 1924-11 Oct 1924, No. 20004, p. 141.