Phillip O’Loughlin, 1928
Below also see: Donald Ellis and Phillip O’Loughlin, 1934
The Sun, Sun 29 Jul 1928 1
“THE FIEND”
———◦———
SYDNEY YOUTH’S SUCCESS
————
Writer, Actor
At the age of 16, when still at school, Phillip O’Loughlin got an idea from “The Cat and the Canary.”
Now, 12 months later, he is a play-writer, producer, and dramatist. He is, in fact, the “Pooh-Bah” of the Mosman Amateur Dramatic Society.
325 Pitt Street, Sydney, n.d. Image: NSW State Library
collection. Reproduction: Peter de Waal
“Mystery Mansions” was the outcome of the idea that O’Loughlin got from “The Cat and the Canary.” It was a once-act “thriller” which the Mosman Younger Set staged with success. Aspiring to bigger things, young O’Loughlin set about writing a mystery drama which would provide a full programme, and he achieved his objective in “The Fiend,” which was staged at the YMCA Hall, [325] Pitt-street, city, last night in three acts. It was a cleverly-devised theme, in which “The Fiend” proved to be none other than Countess de Varnasse (Phillip O’Loughlin). It was the climax of a very interesting drama, in which the eight artists acquitted themselves well, particularly O’Loughlin and P Jones (Viscount Langford).
The play gives promise of bigger things for O’Loughlin. He is at present engaged in a clerical capacity with the Union Steamship Company, his second position since leaving the Intermediate High School at the close of last year.
Early in his childhood he was instrumental in organising little “turns” for the drawing-room at home. He has a bent in that direction, and he is encouraged in his aptitude by his parents. His father is Mr FC O’Loughlin, chief clerk in the Quarantine Department.
The cast in last night’s success comprised the Misses P Kerr and J Dadswell, and Messrs J Wills, P O’Loughlin, P Jones, G Wills, P Collis and P White, whose ages range from 15 to 17 years.
~ ~ ~ ~ ~
Sunday Times, Sun 29 Jul 1928 2
“THE FIEND”
————
AMATEUR SHUDDER-PLAY
————
Muriel Starr, Maurice Moscovitch, look to your laurels!
Your prerogative as actors of mystery is being usurped.
A most potent recipe for dramatic spine-chillers has been discovered by the lads of the YMCA.
Last nighty pale eerie lights flickered and waned and rose again on the stage of the big hall in Pitt-street, while “The Fiend,” an original drama, was produced. Five distinct screams of horror were heard from the almost uncomfortably packed hall, as the unhappy Countess de Varness discovered a fateful message held between the teeth of a grinning human skull that had appeared mysteriously on the table in the Manor Hall ! Servants, guests, detectives disguised as guests, and even a guest disguised as a detective were in turn suspected of being the arch villain of the adventure. But at the ending, mingled laughs and gasps of surprise arose from the audience as the villain—or, rather, villainess—of the play, was revealed to be “the Countess” herself, a professional purloiner of other people’s jewels and securities!
Presented by the Mosman Amateur Dramatic Society, the leading roles were played by Phil O’Loughlin (producer), Peter Collis, Parry Jones, Graham Willis, F White, and John Wells.
The principal young-lady roles were filled by Miss Kerr and Miss Dadswell.
~ ~ ~ ~ ~
The Sydney Morning Herald, Mon 30 Jul 1928 3
A MYSTERY PLAY.
———◦———
“The Fiend,” a new play by a youth of 17, Philip [sic] O’Loughlin, was produced by the Mosman Amateur Dramatic Society at the YMCA Hall on Saturday night. This drama, which is of the mystery type, interested a large audience.
The author, who acted also as producer of the piece, played the leading role as the Countess de Varnasse, who proves to be the fiend of the story, and he was well supported by a cast of seven other principals.
Donald Ellis and Phillip O’Loughlin, 1934
Depositions for Donald Ellis and Phillip O’Loughlin 4 Dec 1934 Sydney trial 4
1
NEW SOUTH WALES POLICE.
Metropolitan District,
North Sydney Police Station,
5th November 1934.
Report Relative to Antecedents of:—
Name Donald Ellis
Offence Indecent assault on a male person
committed for Trial at Sydney Quarter Sessions
Date 3rd December 1934.
Constable Albert Edward Saville reports:—
The offender Ellis a single man and resides at No. 51 Fifth Avenue Campsie with his mother. He is a fitter employed at the railway loco yards Enfield. I have made inquiries regarding his past but cannot find out anything about him, detrimental to his character.
There are no convictions recorded against him.
[Signed] AE Saville
Constable 2111.
The Clerk of the Peace.
Forwarded for information.
[Signed] H Brodie,
Inspector 1st Class, No 6 Division.
6.11.34
2
NEW SOUTH WALES POLICE.
Metropolitan District,
North Sydney Police Station,
5th November 1934.
Report Relative to Antecedents of:—
Name Phillip O’Loughlan
Offence Indecent assault on a male person
Committed for Trial at Sydney Quarter Sessions.
Date 3rd November 1934.
Constable Albert Edward Saville reports:—
the accused O’Loughlin [sic] is a single man residing with his parents at 5 Levick Avenue Cremorne. He is a playwright by occupation. I have made enquiries regarding his past and find that up to his arrest he bore a good character. He admitted to me that he could not help being a Pervert and said that he could not fight against the feeling when it came over him. There are no convictions recorded against this offender.
[Signed] AE Saville
Constable 2111.
The Clerk of the Peace.
Forwarded for information.
[Signed] H Brodie,
Inspector 1st Class, No 6 Division.
6.11.34.
3
[Details on envelope]
Rex versus Ellis and anor
Sydney Quarter Sessions 7/11/34
Exhibits 1 and 2
4
[Details on envelope]
Exhibits “1” and “2”
Rex Ellis and O’Loughlin
Indecent assault on a male
AOC
Police Court North Sydney 2nd November, 1934
5
collection. Reproduction: Peter de Waal
Police Station, North Sydney.
30th October 1934.
My name is Donald Ellis, I am a fitter by occupation and reside at No. 51 Fifth Avenue, Campsie.
About a quarter to 10 o’clock on Tuesday night the 30th of October 1934 I walked into the lavatory in St Leonards Park North Sydney. I went there to make water. On entering the lavatory I saw a young man there dressed in light grey trousers. I stood up to the lavatory and made water and whilst I was doing so the man who was dressed in the light grey trousers put his hand across and caught hold of my person and started to play with it. He then got down on his haunches and placed my person in his mouth. At the time my person was erect. He then worked my person in and out of his mouth, it being erect all the time he was doing it.
A man who said he was a constable then flashed a torch on us and took us to the police station.
I dictated this statement which was typed by the constable who arrested us and it is made of my own free will. I have not been threatened or promised anything.
[Signed] D Ellis
Witness [Signed] AE Saville
Constable
5A
[On reverse of the Ellis statement is the following]
Exhibit “1”
Police versus Ellis and O’Loughlan
Indecent assault on male person
[Initial illegible]
Deposition Clerk, Courth House, North Sydney.
Date 2.11.34
6
Police Station, North Sydney.
30th October, 1934.
My name is Phillip O’Loughlin, I am a play writer by occupation and reside at 5 Levick Avenue, Cremorne.
About a quarter to 10 o’clock on Tuesday night the 10th of October 1934 I walked into the lavatory at St Leonards Park North Sydney. I went there for a legitimate purpose. On entering the lavatory I saw a man standing there. I did not see him immediately I entered as it was very dark. I had been standing there about a half a minute before I saw him. He pressed against me with his elbow and a few seconds later he reached across and touched my person. I then touched his person. We then moved across the lavatory into the corner and stood for a few moments. I then placed his person in my mouth and sucked it. His person was erect at that time.
A man then flashed a torch on us and said he was a constable and then took us to the North Sydney Police Station.
I have dictated this statement to the constable who arrested us and I make it of my own free will no promise or threat having been held out to me.
[Signed]:– Phillip O’Loughlin
Witness:– AE Saville
Constable
6A
[On reverse of O’Loughlin’s statement is the following]
Exhibit “2”
Police versus Ellis and O’Loughlan
Indecent assault on male person
[Initial illegible]
Deposition Clerk, Court House, North Sydney.
Date 2.11.34
7
Petty Sessions Office, North Sydney.
3rd November 1934.
Rex versus
(a) Donald Ellis, Phillip O’Loughlin
(Offence) Indecent assault a male person.
Date of Committal: 2nd November, 1934 No. 1934/41 and 42.
Depositions and the other documents in the case of the above named accused, committed for trial at
(b) Quarter Sessions Court to be held at Sydney on the 3rd day of December, 1934, re forwarded under separate cover. Bail has been fixed by the Court at self each accused in £50 with two sureties in the sum of £25 each, or one surety in the sum of £50.
The accused Donald Ellis has been admitted to bail with the following sureties, viz:– Harold Stewart of 53 Fifth Avenue Campsie in the amount stated above, the accused Phillip O’Loughlin has been admitted to bail with the following surety viz: Felix Clarence O’Loughlin of 5 Levick Avenue Cremorne.
In the amount stated above.
(c) The witnesses bound over are:
(d) Albert Edward Saville of North Sydney, Police Constable
(e) The exhibits in the case are as set out in form G.455 attached to the depositions and have been deposed of in the matter set out thereon.
[Signature illegible]
Clerk of Petty Sessions.
The Under-Secretary of Justice,
Box 6A, GPO Sydney.
NB—When a police constable acts as Clerk of Petty Sessions, this communication should be signed by one of the committing magistrates.
(Special attention is directed to the necessity for strict compliance with the provisions of Circular 33, paragraphs 19 and 20. (See also Circular 73, Paragraph 12.)
8
RECORD OF EXHIBITS.
Police versus Donald Ellis and Phillip O’Loughlan.
(Offence) Indecent assault on male person
1 Statement by Ellis
2 Statement by O’Loughlan with papers.
[Signature illegible]
Depositions Clerk, North Sydney,
2nd November, 1934
9
Depositions of Witnesses.
(To accompany all cases of committal for trial.)
State of New South Wales,
TO WIT. }
The examination of Albert Edward Saville
of North Sydney in the said State Police Constable
taken on oath this second day of November 1934, at the ----- Police Court, North Sydney, in 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 Donald Ellis
(hereinafter called the defendant) who is charged before me for that he the said defendant on the 30th day of October, in the year of our Lord one thousand nine hundred and thirty four, at North Sydney in the said State, did indecently assault Phillip O’Loughlin , [aka Roy Burrowes], a male person.
10
Depositions of Witnesses.
(To accompany all cases of committal for trial.)
State of New South Wales,
TO WIT. }
The examination of Albert Edward Saville
of North Sydney
in the said State Constable of Police
taken on oath this second day of November 1934, at the ----- Police Court, North 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 Phillip O’Loughlin
(hereinafter called the accused) who is charged before me for that he the said accused on 30th day of October, in the year of our Lord one thousand nine hundred and thirty four at North Sydney in the said State, did indecently assault one Donald Ellis, a male person.
11
CC1837
Phillip O’Loughlin, 21.
Indecent assault.
MR THOMAS FOR THE DEFENDANT O’LOUGHLIN in view of the disgusting nature of this case I ask that the public be not admitted to the court section 32 of the Justices’ Act.
POLICE PROSECUTOR CONSTABLE KENNEDY. These cases are of a revolting nature.
Defendant appears.
HEARD IN CAMERA
This deponent sworn states
My name is … ALBERT EDWARD SAVILLE
I am a police constable stationed at North Sydney
Herald, (NSW), Wed 2 Mar 1932, p. 16. Reproduction: Peter de Waal
About 9.45 pm on Tuesday the 30th October, 1934 I was in a public lavatory in St Leonards Park North Sydney. I saw the accused Ellis walk into the lavatory and he was followed shortly afterwards by the accused O’Loughlin who stood near Ellis. One of them whispered something and they both walked to a corner of the lavatory. I then saw O’Loughlin. I was in the lavatory at the time, but not visible to them. Got down on his haunches and placed his face near the fly of Ellis’s trousers. A couple of seconds later I heard Ellis say “Keep on doing it ... ” I could then see then O’Loughlin’s head moving backwards and forwards.
Police Court, North Sydney, 2 November, 1934.
12
I flashed an electric torch on the pair of them and saw Ellis standing up with his fly of his trousers undone and his person was exposed and erect in O’Loughlin’s mouth. O’Loughlin’s head was moving backwards and forwards. I said to them “I belong to the police, what do you mean by doing this?” Ellis replied, “I was feeling fresh and I wanted to relieve myself.” O’Loughlin said, “He told me he was felling [sic] naughty and I wanted to do it.” When I flashed the torch on them I saw a grey coloured fluid on O’Loughlin’s moustache which looked like semen. I then handcuffed the two of them together and took them to the North Sydney police station where I charged them with the present charge. Ellis replied, “If you let me go I will not let anyone else do it to me again.” O’Loughlin said “You caught us far, I can’t say any more.” I then said to Ellis “I’m going to ask you some questions which you need not answer unless you so desire, but whatever you do say will be taken down in writing and may be used in evidence.” Ellis replied, “I will tell you everything that happened!” I said, “Would you care to make a statement about it?” He said, “Yes.” I then typed a statement at his dictation and on completion I read it over to him and handed it to him. He read it aloud and then signed it. I produced the statement
ELLIS STATEMENT TENDERED ADMITTED MARKED EXHIBIT “1”. I then said to O’Loughlin, “I’m going to ask you some questions which you need not answer unless you so desire, but whatever you may say will be taken down in writing and may be used in evidence.” He replied, “The other man told lies. He was in the lavatory when I walked in there.” I said, “I know he was there first, would you care to make a statement about what happened tonight?” He said, “All right.” I then typed down a statement at
13
his dictation and on completion read the statement over to him. Handed it to him. He read the statement aloud and signed it.
(Sydney, NSW), Sun 29 Jul 1928, p. 2.
Reproduction: Peter de Waal
O’LOUGHLIN’S STATEMENT TENDERED ADMITTED MARKED EXHIBIT “2”
I then said to O’Loughlin, “The other man Ellis has made a statement. Here is a copy of it,” at the same time handing him a copy of the statement which Ellis had made. I then said, “Ellis, the other man O’Loughlin has made a statement.” (At the same time handing to him a copy of the statement that O’Loughlin had made.)
BY MR THOMAS:
Q. With regard to O’Loughlin do you know he is an only child?
A. Yes.
He has respectable parents, highly respectable. He, that is the defendant O’Loughlin is 21. He is on the threshold of a successful playwright. He has no record at the court. The other defendant Ellis has no record either.
BY POLICE:
There is no light at the lavatory at night.
READ OVER AND ADHERED TO A. C.
[Signed] AE Savile.
Taken and sworn at the Police Court, North Sydney, this second day of November 1934.
Before [Signed], C Pickup, SM.
14
MR THOMAS: The practice is not to charge the defendant with by this section. There is a section in the Police Offences’ Act, which covers the actions of these defendants. The defendants can be dealt as well and efficiently at a Summary Court as at the Sessions.
BENCH: You mean the Vagrancy Act … I think the matter too serious to be dealt with in that way.
MR THOMAS: the act of O’Loughlin was an act of uncontrollable impulse. If it was dealt with summarily it might be more in the interests of justice than the other way, as well as the benefit of the defendant.
BENCH: I do not intend to reduce the charge.
[Signed] C Pickup, PM.
15
Statement of the Accused.
(Justices’ Act, 1902.)
(Section 41.)
State of New South Wales, Sydney
TO WIT. }
Donald Ellis (hereinafter called the accused), stands charged before the undersigned, one of his Majesty’s Justices of the Peace in and for the said State, this second day of November, 1934, for that he, the accused, on the 30th day of October, 1934 at North Sydney in the said State, did indecently assault one Phillip O’Loughlin, a male person
and the said charge being read to the accused, and the witnesses for the prosecution Albert Edward Saville being examined in his presence, he having stated that he does no desire the depositions of the said witness to be read to him, the accused 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 or 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 accused saith as follows:—
I HAVE NOTHING TO SAY
Taken before the undersigned Justice and read over to the said defendant at North Sydney in the said State, the day and year first above mentioned.
[Signed] C Pickup, Stipendiary Magistrate.
The accused committed for trial at the Court of Quarter Sessions to be holden at Sydney on the 3rd day of December 1934, or at such other court to be holden at such place and time as the Attorney-General may appoint. Bail allowed accused in £50 with two sureties in £25 each or one in £50.
Dated at North Sydney on the day first above mentioned.
[Signed] C Pickup,
Stipendiary Magistrate.
16
Statement of the Accused.
(Justices’ Act, 1902.)
(Section 41.)
State of New South Wales, Sydney
TO WIT. }
Phillip O’Loughlin (hereinafter called the accused), stands charged before the undersigned, one of his Majesty’s Justices of the Peace in and for the said State, this second day of November, 1934, for that he the accused, on the 30th day of October, 1934, at North Sydney in the said State did indecently assault one, Donald Ellis, a male person
and the said charge being read to the accused, and the witnesses for the prosecution
ALBERT EDWARD SAVILLE
being examined in his presence, (he having stated that he does not desire the deposition of the said witness to be read to him) the accused 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 accused saith as follows:—
I HAVE NOTHING TO SAY
Taken before the undersigned Justice and read over to the said defendant at North Sydney in the said State, the day and year first above mentioned.
[Signed] C Pickup,
Stipendiary Magistrate.
The accused committed for trial at the Court of Quarter Sessions to be holden at Sydney on the 3rd day of December 1934, or at such other court to be holden at such place and time as the Attorney-General may appoint. Bail allowed accused in £50 with two sureties in £25 each or one in £50.
Dated at North Sydney on the day first above mentioned.
[Signed] C Pickup,
Stipendiary Magistrate.
17
C.C. 1836
DONALD ELLIS, 40
Indecent assault.
Defendant appears.
Mr Yeldham who represented the defendant is at the time engaged in a second court.
C137 C.C.
[Signed], C Pickup, SM.
Police Court, North Sydney, 2 November 1934.
18
Charge Case No. 1836
For hearing at the North Sydney Police Court, on the 31st day of October 1934.
From No. 6 North Sydney Police Station.
Name, occupation, and age of defendant:
Donald Ellis, fitter, (40)
Date and hour of apprehension: 30.10.34 9.50 pm
Name of apprehending officer: Constable Saville
If charge book signed, name and address of person signing it: -----
Act and section under which charge laid: 40/1900 Section 81.
Offence: On the 30th day of October 1934 at North Sydney did indecently assault one Phillip O’Loughlan, a male person.
DEFENDANT APPEARS IN CUSTODY.
P[olice] P[rosecutor] CONSTABLE HARPUR. I asked for remand to 2.11.34.
Defendant is remanded to appear at this court on the 2nd day of November, 1934 at 10 am. Bail allowed self and one surety in £50 or two sureties in £25 each.
Police Court, North Sydney, 31st October 1934.
[Signature illegible], SM.
19
Charge Case No 1837
For hearing at the North Sydney Police Court, on the 31st day of October 1934.
From No 6 North Sydney Police Station.
Name, occupation, and age of defendant:
Phillip O’Loughlan, playwright, (21)
Date and hour of apprehension: 30.10.34. 9.50 pm.
Name of apprehending Officer: Constable Saville.
In charge book signed, name and address of person signing it: -----
Act and section under which charge laid: 40/1990 Section 81.
Offence: On the 30th day of October at North Sydney did indecently assault one Donald Ellis, a male person.
DEFENDANT APPEARS.
MR YELDHAM FOR THE DEFENDANT
PP CONSTABLE HARPUR I asked for a remand to 2.11.34.
Defendant remanded to appear at this court on the 2nd November, 1934 at 10 am bail allowed self and one surety in £50 or two sureties in £25 each.
Police Court, North Sydney, 31st October 1934.
[Signature illegible], SM.
20
Neutral Bay Police Station,
31st October, 1934.
CERTIFICATE OF FITNESS AS SURETY,
Case, Police versus Phillip O’Loughlin,
I hereby certify that Mr Felix Clarence O’Loughlin residing 5 Levick Avenue, Cremorne, a specimen of whose signature appears on the margin hereof and which has been written before me is good and sufficient surety for the sum of £50 (fifty).
North Sydney
[Signature illegible], Sergeant 2nd Class.
21
Recognizance of Bail on Adjournment of the Hearing.
(Divisions 1 and 2, “Justices’ Act, 1902,” Sections 34 and 69.)
State of New South Wales, Sydney
TO WIT. }
Be it remembered, that on this 31st day of October, in the year of our Lord one thousand nine hundred and thirty four Phillip O’Loughlin of 5 Levick Avenue, Cremorne, in the State of New South Wales, play writer (hereinafter called the defendant) and his surety Felix Clarence O’Loughlin of 5 Levick Avenue, Cremorne, in the said State, clerk, personally came before me, the undersigned, one of his Majesty’s Justices of the Peace for the said State, and severally acknowledged themselves to owe to our Lord the King the several sums following, that is to say: the said defendant the sum of £50, and the said surety the sum of £50 of good and lawful money of Great Britain to be made and levied of their several goods and chattels, lands and tenements respectively to the use of our said Lord the King, his heirs and successors, if the said defendant shall fail in the following condition, that is to say:—that he, the said defendant, shall personally appear on the 2nd day of November, 1934, at 10 o’clock in the forenoon at the Police Court, North Sydney, in the said State, before such stipendiary magistrate in and for the Metropolitan Police District in the said State as may then be there to answer further to a charge of indecent assault and to be further dealt with according to law.
[Signed] Phillip O’Loughlin, FC O’Loughlin.
Taken and acknowledged the day and year first above mentioned at North Sydney in the said State, before me,–
[Signed] AS Tunihon, JP.
22
Recognizance of Bail on an Adjournment of the Hearing.
(Divisions 1 and 2, “Justices’ Act, 1902,” Sections 34 and 69.)
State of New South Wales, Sydney
TO WIT. }
Surety previously accepted.
Be it remembered, that on this 31st day of October, in the year of our Lord one thousand nine hundred and thirty four Donald Ellis of 51 Fifth Avenue, Campsie, in the State of New South Wales, fitter (hereinafter called the defendant) and his surety Harold Stewart of 53 Fifth Avenue, Campsie, in the said State, clerk, personally came before me, the undersigned, one of his Majesty’s Justices of the Peace for the said State, and severally acknowledged themselves to owe to our Lord the King the several sums following, that is to say: the said defendant the sum of £50, and the said surety the sum of £50 of good and lawful money of Great Britain to be made and levied of their several goods and chattels, lands and tenements respectively to the use of our said Lord the King, his heirs and successors, if the said defendant shall fail in the following condition, that is to say:–that he, the said defendant, shall personally appear on the 2nd day of November, 1934, at 10 in the forenoon at the Police Court, North Sydney, in the said State, before such Stipendiary Magistrate in and for the Metropolitan Police District in the said State as may then be there to answer to a charge of indecent assault and to be further dealt with according to law.
[Signed] D Ellis, Harold Stewart.
Taken and acknowledged the day and year first above mentioned at North Sydney in the said State, before me,–
[Signed] AS Tunihon. JP.
23
Record of Proceedings, S. 153, “Justices’ Act, 1902,”
as amended by the “Justices (Bail) Amendment Act. 1918.”
State of New South Wales
TO WIT. }
On this 31st day of October 1934 we, Donald Ellis, of 51 Fifth Avenue, Campsie and Harold Stewart of 53 Fifth Avenue, Campsie do personally appear before John Robert Blackwood Pringle, Sergeant of Police at North Sydney and acknowledge ourselves to owe to his Majesty the King the sum of, viz:—
The said Donald Ellis the sum of £50 and the said Harold Stewart the sum of £50 each, to be made of our several goods and chattels, lands and tenements, respectively, if the said Donald Ellis shall fail in the following condition, that is to say: that he shall appear on the 31st day of October 1934 at 10 o’clock in the forenoon, at the North Sydney Police Office, before such Justice or Justices as may then be there, to answer to the charge of indecent assault on a male person in respect of which he is now in custody, and be further dealt with according to law.
[Signed] D Ellis, Harold Stewart.
Taken and acknowledged on the date first above written, before me
[Signed] John RV Pringle, Sergeant of Police.
North Sydney.
24
Recognizance of Bail on Committal for Trial.
State of New South Wales, North Sydney
TO WIT. }
Surety previously accepted.
Be it remembered, that on the 2nd day of November, 1934 Donald Ellis of 51 Fifth Avenue, Campsie, in the State of New South Wales (hereinafter called the defendant), and his surety Harold Stewart, of 53 Fifth Avenue, Campsie, in the said State, clerk personally came before me, the undersigned, one of his Majesty’s Justices of the Peace for the said State, and severally acknowledged themselves to owe to our Sovereign Lord the King the several sums following (that is to say): the said defendant the sum of £50; and the said surety the sum of £50 of good and lawful money of Great Britain, to be made to the use of our said Lord the King, his heirs and successors, if he the said defendant shall fail in the conditions endorsed herein.
The condition of the above written recognizance is such, that whereas the said defendant was on the second day of November, 1934 charged before C Pickup Esq, one of his Majesty’s Stipendiary Magistrates for the Metropolitan Police District, in the said State, with indecent assault. If therefore the said defendant do appear at the next Court of Quarter Sessions to be holden at Sydney in and for the said State, on Monday the 3rd day of December, 1934 at nine of the clock in the forenoon, or at such other court to be holden at such place and time as the Attorney-General may appoint, of which such last mentioned court the said defendant shall receive due notice, and then and there surrender himself into the custody of the keeper of the gaol there, and plead to such information as may be filed against him for or in respect of the charge aforesaid, and take his trial upon the same, and not depart the said court without leave,–then the said recognizance to be void, or else to stand in full force and virtue,
Signature of defendants and surety,
[Signed] D Ellis, H Stewart.
Taken and acknowledged the day and year first above mentioned at North Sydney in the said State, before me
[Signed] AS Tunihorn, JP.
25
Recognizance of Bail on Committal for Trial.
State of New South Wales, North Sydney
TO WIT. }
Be it remembered, that on the 2nd day of November, 1934, Phillip O’Loughlin of 5 Levick Avenue, Cremorne, in the State of New South Wales (hereinafter called the defendant), and his surety Felix Clarence O’Loughin of 5 Levick Avenue, Cremorne, in the said State, clerk, personally came before me, the undersigned, one of his Majesty’s Justices of the Peace for the said State, and severally acknowledged themselves to owe to our Sovereign Lord the King the several sums following (that is to say): the said defendant the sum of £50; and the said surety the sum of £50 of good and lawful money of Great Britain, to be made and levied of their several goods and chattels, lands and tenements respectively, to the use of our said Lord the King, his heirs and successors, if he the said defendant shall fail in the condition indorsed herein.
The condition of the above written recognizance is such, that whereas the said defendant was on the second day of November, 1934 charged before C Pickup Esq, one of his Majesty’s Stipendiary Magistrates for the Metropolitan Police District, in the said State, with indecent assault. If therefore the said defendant do appear at the next Court of Quarter Sessions to be holden at Sydney in and for the said State, on Monday the 3rd day of December, 1934, at nine of the clock in the forenoon, or at such other Court to be holden at such place and time as Attorney-General may appoint, of which such last mentioned court the said defendant shall receive due notice, and then and there surrender himself into the custody of the keeper of the gaol there, and plead so such information as may be filed against him for or in respect of the charge aforesaid, and take his trial upon the same, and not depart the said court without leave,–then the said recognizance to be void, or else to stand in full force and virtue.
Signatures of defendants and surety
[Signed] Phillip O’Loughlin, F O’Loughlin.
Taken and acknowledged the day and year first above mentioned at North Sydney in the said State, before me
[Signed] AS Tunihon, Justice of the Peace.
26
“Justices’ Act, 1902.”
Recognizance of Witnesses to give Evidence at Court of Quarter Sessions or Gaol Delivery.
State of New South Wales, North Sydney
TO WIT. }
Be it remembered, that on the second day of November 1934 Albert Edward Saville of North Sydney Police, constable, 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 £40 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 h King, his Heirs and successors, if they the said before mentioned persons shall fail in the conditions indorsed hereunder.
The condition of the within written recognizance is such, that whereas Phillip O’Loughlin (hereinafter called the defendant) was this day charged before C Pickup, Esq, one of his Majesty’s Justices of the Peace for the said State, with indecently assaulting a male person. If, therefore, they the before mentioned persons shall appear at the next Court of Quarter Sessions to be holden at Sydney in and for the State of New South Wales, on Monday the 3rd day of December 1934 at ten of the clock in the forenoon, or at such other court, to be holden at such time and place as the Attorney-General may appoint, of which such last mentioned court each of them shall receive due notice, 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.
(Signatures of persons bound over.)
[Signed] AE Saville.
Taken and acknowledged the day and year first above mention at North Sydney in the said State, before me—
[Signature illegible], JP.
27
“Justices’ Act, 1902.”
Recognizance of Witnesses to give Evidence at Court of Quarter Sessions or Gaol Delivery.
State of New South Wales, North Sydney
TO WIT. }
Be it remembered, that on the second day of November 1934 Albert Edward Saville of North Sydney Police, constable, 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 £40 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 conditions endorsed hereunder.
The condition of the within written recognizance is such, that whereas Donald Ellis (hereinafter called the defendant) was this day charged before C Pickup, Esquire one of his Majesty’s Justices of the Peace for the said State, with indecently assaulting a male person. If, therefore, they the before mentioned persons shall appear at the next Court of Quarter Sessions to be holden at Sydney in and for the State of New South Wales, on Monday the 3rd day of December 1934 at 10 of the clock in the forenoon, or at such other court, to be holden at such time and place as the Attorney-General may appoint, of which such last mentioned Court each of them shall receive due notice, 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 pas upon the trial of the said defendant, then the said recognizance to be void, or else to stand in full force and virtue.
(Signatures of persons bound over.)
[Signed] AE Saville.
Taken and acknowledged the day and year first above mentioned at North Sydney in the said State before me—
[Signature illegible], JP.
~ ~ ~ ~ ~
[On the deposition cover is the following]
35/4
Sydney. Sydney Quarter Sessions
Date. 4th December 1934
Cor. White Ch of Quarter Sessions.
Plea. Each guilty
Mr Thomas for O’Loughlan
Mr Oldham for Ellis
Verdict. -----
Judgement. 12 months’ hard labour.
QUARTER SESSIONS.
At Sydney on 3rd December 1934
No 819 0f 1934.
DEPOSITIONS.
Rex
v.
Donald Ellis and Phillip O’Loughlin.
Indecently assault a male person.
Committed at North Sydney on 2nd November 1934.
~ ~ ~ ~ ~
The Sydney Morning Herald, Tue 4 Dec 1934 5
LAW NOTICES.
———
Tuesday, December 4.
———
…
QUARTER SESSIONS.
No. 1 Court.—Donald Ellis and Phillip O’Loughlin indecent assault (for plea only); Edward Weyman, steal from the person; Andrew Fisher Burns, break, enter and steal; Lawrence Noel Chambers, larceny.
~ ~ ~ ~ ~
The Sydney Morning Herald, Wed 5 Dec 1934 6
QUARTER SESSIONS.
(Before Judge Curlewis and juries.)
Crown Prosecutor, Mr LJ McKean, KC.
(instructed by the Clerk of the Peace.)
…
(Before Judge White and juries.)
Crown Prosecutor, Mr TS Crawford
(instructed by the Clerk of the Peace.)
PLEAS OF GUILTY.
…
Phillip O’Loughlin, 21, playwright, was charged with indecent assault at North Sydney, and Donald Ellis, 40, fitter, was charged with being present, aiding and abetting. Both pleaded guilty. They were remanded for sentence.
~ ~ ~ ~ ~
The Sydney Morning Herald, Thu 6 Dec 1934 7
QUARTER SESSIONS.
(Before Judge Curlewis and juries.)
Crown Prosecutor, Mr LJ McKean, KC.
(instructed by the Clerk of the Peace.)
…
(Before Judge White.)
Crown Prosecutor, Mr TS Crawford
(instructed by the Clerk of the Peace.)
PRISONERS SENTENCED.
Phillip O’Loughlin, 21, playwright, for indecently assaulting a male person, and Donald Ellis, 40, fitter, for aiding and abetting in the offence, were sentenced to 12 months’ imprisonment with hard labour.
~ ~ ~ ~ ~
Donald Ellis, Gaol photo sheet 8
![SRNSW: NRS– [17/1512], State Penitentiary photographic description book, 10 Oct 1934-21 Feb 1935, No. 28632, p. –.](../../images/trials/1934-Ellis-1512-gaol-photo-28632.jpg "SRNSW: NRS– [17/1512], State Penitentiary photographic description book, 10 Oct 1934-21 Feb 1935, No. 28632, p. –.") |
Gaol Photo Sheet - Transcribed Details
Gaol No. 28632
No. 141/152
Date when Portrait was taken: 6-12-1934
Name: Donald Ellis
|
Native place: Queensland Year of birth: 29-7-1895 Arrived Ship: Trade or occupation Religion: C of E Education, degree of: R & W Height: 5' 7⅜" Weight On committal: 156 Colour of hair: Light Brown Colour of eyes: Blue |
Marks or special features: Minus one tooth from front of lower jaw. |
|
(No. of previous Portrait ... ) CONVICTIONS Convicted with Phillip O’Loughlin. |
|||||
| Where and When | Offence. | Sentence | |||
|
Sydney Q.S |
4 |
12 |
19234 |
Principal in the second degree in felony of an indecent assault on a male person |
12 months H.L. |
~ ~ ~ ~ ~
Phillip O’laughlin, Gaol photo sheet 9
![SRNSW: NRS– [17/1512], State Penitentiary photographic description book, 10 Oct 1934-21 Feb 1935, No. 28631, p. –. (p.1)](../../images/trials/1934-Ellis-1512-gaol-photo-28631-Phillip-OLoughlin-p.1.jpg "SRNSW: NRS– [17/1512], State Penitentiary photographic description book, 10 Oct 1934-21 Feb 1935, No. 28631, p. –. (p.1)") |
|
![SRNSW: NRS– [17/1512], State Penitentiary photographic description book, 10 Oct 1934-21 Feb 1935, No. 28631, p. –. (p.2)](../../images/trials/1934-Ellis-1512-gaol-photo-28631-Phillip-OLoughlin-p.2.jpg "SRNSW: NRS– [17/1512], State Penitentiary photographic description book, 10 Oct 1934-21 Feb 1935, No. 28631, p. –. (p.2)") |
Gaol Photo Sheet - Transcribed Details
|
Gaol No. 28631 (aka Phillip O’Loughlan) Date when Portrait was taken: 6-12-1934 |
Finger Print |
||||||||
|
Native place: Victoria Year of birth: 8-7-1914 Arrived Ship: Trade or occupation Religion: C of E Education, degree of: R & W Height: 5' 4½" Weight On committal: 120 Colour of hair: Brown
Colour of eyes: Brown Marks or special features: Small scar at outer corner of left eye. |
(Nos. of previous Portrait ... ) |
||||||||
|
CONVICTIONS Convicted with Donald Ellis St 7574 97939 |
|||||||||
|
Court. |
Date |
Offence. |
Sentence |
Name. |
Gaol No. |
||||
|
Sydney Q.S Central PC ditto |
4 25 25 |
12 9 9 |
1934 1935 1935 |
Indecent assault on a male person Offensive behaviour Licence Revoked |
12 months H.L. 44/-or 4 days HL To serve balance of |
Roy Burrows or Phillip O’Loughlin or Roy Burrows |
5866 |
||
1 The Sun, (Sydney, NSW), Sun 29 Jul 1928, p. 2. Emphasis added.
2 Sunday Times, (Sydney, NSW), Sun 29 Jul 1928, p. 23. Emphasis added.
3 The Sydney Morning Herald, (NSW), Mon 30 Jul 1928, p. 5. Emphasis added.
4 SRNSW: NRS856, [10/38362], Depositions and other papers, Sydney Quarter Sessions, 1934, No. 819.
5 The Sydney Morning Herald, Tue 4 Dec 1934, p. 6. Emphasis added.
6 The Sydney Morning Herald, Wed 5 Dec 1934, p. 11.
7 The Sydney Morning Herald, Thu 6 Dec 1934, p. 6.
8 SRNSW: NRS– [17/1512], State Penitentiary photographic description book, 10 Oct 1934-21 Feb 1935, No. 28632, p. –.
9 SRNSW: NRS– [17/1512], State Penitentiary photographic description book, 10 Oct 1934-21 Feb 1935, No. 28631, p. –.