Sunday Times, Sun 3 Nov 1895 1
YESTERDAY’S POLICE NEWS.
————
…
ALLEGED INDECENT ASSAULT.—James Neiland, 29, clerk, arrested by Senior-constable Ross and Constable Allen, was remanded till Friday next upon two charges of indecent assault. Bail in each case was fixed at £100, with two sureties of £50 each.
~ ~ ~ ~ ~
Evening News, Fri 8 Nov 1895 2
WATER POLICE COURT.
————
TO-DAY’s CASES.
Mr Addison, SM, presided at the Water Police Court to-day.
…
WATER POLICE COURT.
————
(Continued from page 6.)
James Neiland, aged 29, clerk, was charged with assaulting two boys named Percy George Dolan and Joseph Norman Walsh. Accused was committed for trial to the Criminal Court on the 18th instant. Bail was allowed.
~ ~ ~ ~ ~
The Daily Telegraph, Sat 9 Nov 1895 3
POLICE COURTS.
————
…
SERIOUS CHARGE.
A law clerk named James Neiland (29) was charged yesterday, at the Water [Police] Court, with a serious offence in connection with two boys named Joseph Norman Walsh and Percy George Nolan. Nieland [sic] was committed for trial, bail being granted.
~ ~ ~ ~ ~
The Sydney Morning Herald, Sat 9 Nov 1895 4
POLICE COURTS.
———◦———
…
ALLEGED ASSAULT.
In the Charge Division of the Water Police Court yesterday, before Mr G[lenworth] W[alsh] F[raser] Addison, SM, James Neiland was charged with having unlawfully assaulted Percy George Dolan and Joseph N Walsh, at Sydney on 29th October last. The two charges were heard together, and the accused was committed for trial on each at the Quarter Sessions [sic] on 18th December. Bail was allowed on each charge.
~ ~ ~ ~ ~
Depositions for James Joseph Alphonsus Neiland 27 Nov 1895 & 28 Feb 1896 Sydney trials 5
(a) Town. |
Letter from Bench of Magistrates at (a) Water Police Office, Sydney |
|
|
|
transmitting Depositions |
|
|
(b) Name in full of accused. |
in the case Regina v. (b) James Neiland |
|
|
(c) Offence. |
(c) Indecently assaulting a male person (2 cases) |
|
|
(d) Town. |
Water Police Office, (d) Sydney |
|
|
|
8th November 1895 |
|
|
|
Sir, |
|
|
(e) Name of accused |
case of (e) James Neiland |
|
|
(f) “His” or “her” |
who has been committed to take (f) his |
|
|
(g) “Circuit Court,” or |
trial at the (g) Court of Gaol Delivery |
|
|
to be held at (h) Darlinghurst |
on Monday |
|
|
(h) Town where Court |
the 18th day of November 1895. |
|
|
The accused is (i) confined in Gaol at Darlinghurst. |
||
|
(i) “Is confined in the |
||
|
(k) As in Recognizance, both for Crown and defence, specifying also what witnesses gave evidence but were not bound over, with reason for omission. |
The Witnesses bound over are (k) Thomas Ross, George William Allen, in each case. The fathers of Walsh & Dolan have been warned to attend to be bound over.
|
|
|
(l) Short description to enable identification. |
The Exhibits enclosed are (l) A. Warrant; B. 3 Australian Stars. |
|
|
|
I have the honor to be, |
|
|
|
[Signed] CN Payten, |
|
|
|
Clerk of Petty Sessions & Chamber Magistrate |
|
|
The Secretary, |
||
|
N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates |
||
|
4g 201-90 |
||
~ ~ ~ ~ ~
Information – General Purposes.
No. 172
New South Wales, Sydney
TO WIT. }
46 Vic. No. 17. Sec 60
Be it remembered, that on this 30th day of October in the year of Our Lord one thousand eight hundred and ninety five at Sydney in the Colony of New South Wales, Percy George Dolan of 5 Yeend’s Lane (off Liverpool Street, Sydney) appears before me, the undersigned, one of Her Majesty’s Justices duly assigned to keep the Peace of Our Lady the Queen in and for the Colony of New South Wales, informs me, that on the 29th day of October in the year of Our Lord one thousand eight hundred and ninety five at Sydney in the said Colony, a man whose name is unknown to this deponent but whose person can be identified by him did indecently assault this deponent a male person.
Contrary to the Act in such case made and provided; whereupon the said Percy George Dolan prays that I, the said Justice, will proceed in the premises according to law and issue my warrant for the apprehension of the said man whose name is unknown.
[Signed] Percy G Dolan.
Sworn at Sydney in the said Colony, on the day first above written, before me.
[Signed] CN Payten, Justice of the Peace.
~ ~ ~ ~ ~
(B.)
Warrant to Apprehend a Person Charged with an Indictable Offence.
To the Superintendent, a Constable in the Police Force for the Colony of New South Wales, and to all other Constables in the said Force.
Whereas a man whose name is unknown but whose person can be identified in the said Colony, has this day been charged upon oath before the undersigned, one of Her Majesty’s Justices of the Peace in and for the said Colony of New South Wales, for that he, on the 29th day of October now instant, at Sydney, in the said Colony, did indecently assault one Percy George Dolan a male person.
These are therefore to command you, in Her Majesty’s name, forthwith to apprehend the said man whose name is unknown but whose person can be identified, and to bring him before me or some other of Her Majesty’s Justices of the Peace in and for the said Colony, to answer unto the said charge, and to be further dealt with according to law.
Given under my hand and seal, this 30th day of October, in the year of Our Lord one thousand eight hundred and ninety five, at Sydney in the Colony aforesaid.
[Signed] CN Payten, Justice of the Peace.
Exhibit A: Dolan vs Neiland. Indecent Assault. Deposition Clerk, Water Police Office, Sydney 8.11.95.
~ ~ ~ ~ ~
Information – (General Purposes.)
No. 173
New South Wales, Sydney
TO WIT. }
46 Vic. No. 17. Sec. 60.
Be it remembered, that on this 30th day of October in the year of Our Lord one thousand eight hundred and ninety five at Sydney in the Colony of New South Wales, Joseph Norman Walsh of 42 Yurong Street, Sydney appears before me, the undersigned, one of Her Majesty’s Justices duly assigned to keep the Peace of Our Lady the Queen in and for the Colony of New South Wales, and on oath informs me, that on the 29th day of October in the year of Our Lord one thousand eight hundred and ninety five at Sydney in the said Colony, a man whose name is unknown to this deponent but whose person can be identified by him did indecently assault this deponent a male person contrary to the Act in such case made and provided; whereupon the said Joseph Norman Walsh prays that I, the said Justice, will proceed in the premises according to law and issue my warrant for the apprehension of the said man whose name is unknown.
[Signed] Joseph N Walsh.
Sworn at Sydney in the said Colony, on the day first above written, before me.
[Signed] CN Payten, Justice of the Peace.
~ ~ ~ ~ ~
(B.)
Warrant to Apprehend a Person Charged with an Indictable Offence.
To the Superintendent and, a Constable in the Police Force for the Colony of New South Wales, and to all other Constables in the said Force. Whereas a man whose name is unknown but whose person can be identified in the said Colony, has this day been charged upon oath before the undersigned, one of Her Majesty’s Justices of the Peace in and for the said Colony of New South Wales, for that he, on the 29th day of October now instant, at Sydney, in the said Colony, did indecently assault one Joseph Norman Walsh a male person.
These are therefore to command you, in Her Majesty’s name, forthwith to apprehend the said man whose name is unknown but whose person can be identified, and to bring him before me or some other of Her Majesty’s Justices of the Peace in and for the said Colony, to answer unto the charge and to be further dealt with according to law.
Given under my hand and seal, this 30th day of October, in the year of Our Lord one thousand eight hundred and ninety five at Sydney in the Colony aforesaid.
[Signed] CN Payten, Justice of the Peace.
~ ~ ~ ~ ~
1 of 2.
James Neiland, 29
Did indecently assault one Percy George Dolan a male person. 2.11.95.
Mr TP Moloney Solicitor for the Defence.
Remanded till Friday next on the application of the Police.
Bail allowed accused in £100 and two of £50 each.
[Signed] George H Smithers, SM.
Sydney 2.11.95.
2 of 2.
James Neiland, 29.
Did indecently assault one Joseph Norman Walsh a male person, 2.11.95.
Mr TP Moloney Solicitor for the Defence.
Remanded till Friday next on the application of the Police. Bail allowed accused in £100 and two of £50 each.
[Signed] George H Smithers, SM.
Sydney 2.11.95.
~ ~ ~ ~ ~
(M., 11 and 12 Vict., Cap. 42.)
Depositions of Witnesses.
New South Wales, Sydney
TO WIT. }
The examination of Thomas Ross, Senior Constable of the Police Force in the Colony of New South Wales, Percy George Dolan of Yeend’s Lane Sydney, news boy. Joseph Norman Walsh of 42 Yurong Street Woolloomooloo, news boy and George William Allen, Constable of the Police Force in the said Colony, taken on oath this 8th day of November in the year of Our Lord one thousand eight hundred and ninety five at the Water Police Court Sydney in the Colony aforesaid, before the undersigned, a Stipendiary Magistrate and one of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of James Neiland who is charged this day before me for that he the said James Neiland on the 29th day of October 1895 at Sydney in the said Colony, did indecently assault one Percy George Dolan, a male person.
~ ~ ~ ~ ~
(M., 11 and 12 Vict., Cap. 42.)
Depositions of Witnesses.
New South Wales, Sydney
TO WIT. }
The examination of Thomas Ross, Senior Constable of the Police Force in the Colony of New South Wales, Percy George Dolan of Yeend’s Lane Sydney, news boy. Joseph Norman Walsh of 42 Yurong Street Woolloomooloo, news boy and George William Allen, Constable of the Police Force in the said Colony, taken on oath this 8th day of November in the year of Our Lord one thousand eight hundred and ninety five at the Water Police Court Sydney, in the Colony aforesaid, before the undersigned, a Stipendiary Magistrate and one of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of James Neiland who is charged this day before me for that he the said James Neiland on the 29th day of October 1895 at Sydney in the said Colony, did indecently assault Joseph Norman Walsh, a male person.
1
Mr S Bull for Defence.
This deponent Thomas Ross on his oath saith as follows:–
I am a Senior Constable of Police at Sydney. About quarter past ten am on the 2nd instant I saw the accused in an office 127 Phillip Street. I told asked was his name Neiland, he said “Yes”. I then told him I had a warrant (Exhibit A) for his arrest. He asked “What for?” I said “An indecent assault on two boys.” He said “Yes, there were two boys here the other night kicking up a row.” I then brought him to No. 1 Police Station and charged him with indecently assaulting Percy George Dolan a male person. In reply he said “Who are they?” About 8.30 pm on the 29th ultimo I saw the boy Dolan in company with the boy Welsh in King Street. He appeared to be excited and nervous. From something they told me I went to an office, 127 Phillip
2
Street in company with them and Constable Allen. I there saw the caretaker of the premises Mrs Lang. I asked was it possible to get into the office. She said she thought I could and let me in. I had a look round and called in the boys. Walsh put his hand into a pigeonhole in the office and pulled out three 6 Australian Newspaper Stars which I produce. On searching the accused I found a bunch of keys, one of them opens the door of the office.
To Mr Bull: Accused did not seem much out of the way when being told of this, he took it quietly. I could not say if he expected it, I have seen him before. I believe he has been employed with a number of attorneys about the courts. He was not surprised when I told him the charge. He said not say “On whom prays?”
3
He said nothing about the boys annoying him at the office pulling the bell. Mrs Lang told me there was a row at the door, something was said about the boys pulling the bell. She said the bell was pulled and she came upstairs to see what was the matter. She did not say it was pulled so furiously that she thought it would be pulled out. I did not take a statement from Mrs Lang, I was with her about 3 or 5 minutes. I don’t know the boys, they are news boys. I first saw them in reference to this charge about 8.30 pm on the night of the affair. I did not take them to a doctor, they are both about 16 years.
[Signed] Thos Ross.
Taken and sworn at Water Police Office, Sydney, this 8th day of November 1895 before me.
[Signed] GWF Addison SM.
4
This deponent Percy George Dolan on his oath saith as follows:–
I am a news boy living at 5 Green’s Place. I am going on for fifteen. I will be that on the 16th July next. I know the accused, since the 29th of October last. I saw him then at about quarter past 7 at the corner of Hunter and Elizabeth Streets. He asked me to go and fold some bills for him, I said I could not go then as I had some papers but could go in about quarter of an hour. I went down to his place and the other boy followed me. I asked him to come. When we got to the office 127 Phillip Street accused told me walk on my toes and walk on my tip toes. Walsh was just behind me then. I said I would not go in without Walsh. He let Walsh go in afterwards, he would not at first. Walsh then asked for the bills. Accused tried to put his hand in Walsh’s privates. I
5
was sitting down. When I sat down the accused tried to said to me “He’s got a big one and you have a little one.” Walsh then ran out and accused put his hands in my privates. Accused kissed the other boy and kissed me on the back of the neck. He tried to take my trousers down and I pulled away from him. We ran to the door and Walsh left three papers behind on the desk. They were three Australian Stars belonging to me. I rang the bell Walsh said he would sing out if accused did not let me go. He let me go and we both ran. We then rang the bell for my papers. Accused gave me threepence and said not to tell on him, that he would give me more if I came back in five minutes. I then went and told a Policeman. He then chased us with a big stick and we ran through O’Neill’s grocer’s shop. We then went back to the place and the boy got the three Stars.
6
To Mr Bull: I told the Policeman after he chased us with a stick. There is no Policeman at Hunter Street. I was never in court before and live in Yeend’s Place off Liverpool Street, further down from there is a very bad place. My father told me that is where two men were arrested. He travels for machines. Walsh once hit me with a knife, he threw it at me when we were having a row nearly a year ago. I was a news boy then. He served my customers. Nothing was done with him for that, I let him off. I called him by the name of Norman. I call him my mate, he has never been before the court before as far as I know. Accused was speaking to some other boys at Hunter Street, he had some cigarettes. I did not see him go into a shop, I saw him smoke a cigarette. I asked him to buy a paper. Some other boys also asked. He said he wanted a paper but
7
would not take it as it wasn’t a last edition. It was though. On the way to the office I did not ask accused to buy papers. I had seven, gave three to Walsh and brought the four home with me. I brought the four into the office and put them on the table. The Senior Constable in court came up to me with another in King Street. I have seen him before. I had a talk to him but did not speak to him long. I have seen him three times, he came looking for accused. I gave a statement at No. 1 Station, it was taken down in writing there. Ross was outside the office and could not hear what I was saying. Accused spoke in a very low tone. Walsh and I went in together. We sat down and he asked for the bills. Accused did not say a word about any note to Mr O’Neill’s. He told us he wanted us to fold the not bills. I know where O’Neill’s is. Accused had
8
a big white stick. O’Neill’s is at the corner of Phillip and Hunter Streets. It was then about 7.30 pm and not many people were about. He chased us because we rang the bell. We did not ring it violently, we rang it to get my Stars. Accused, when we ran out, ran and slammed the door. We were standing over the other side when he chased us. There were not two gas jets alight. The gas was turned low and he had one. I had a black pair of trousers on and Walsh had what he has now. Accused had clothes like what he has on now. After we got to the office we did not press him to get a paper. A woman went through the house and another went along the footpath when we got to the office and he caught one paper and said “Is this the last Star?” I think he chased us because we pulled the bell. He told us not to make a
9
noise so as not to let anyone hear. We only rang the bell once. When we did pull he was inside and we waited and he came to the door with a stick and told us to clear out. We then went to the other side and he went in to put his hat on and came out. Accused put his finger in Walsh’s fly. He did not pull his person out. Walsh pulled himself away. Accused caught me by the back and tried to undo my braces. He did not succeed. That is all he did to me beside kissing me on the back of the neck. He put his finger in and tried to get my fly open but could not. He then said I had a big one and the other boy had a little one. He did not feel me. From the time we walked to the corner of the street to the office we did not ask him to buy a Star. He asked
[Signed] Percy George Dolan.
Taken and sworn at Water Police Office, Sydney, this 8th day of November 1895 before me.
[Signed] GWF Addison SM.
10
This deponent Joseph Norman Walsh on his oath saith as follows:–
I am a news boy living at 42 Yurong Street Woolloomooloo. On the 29th of last month I saw the accused first at the corner of Hunter and Elizabeth Streets at about quarter past 7. I was with others and asked accused if he wanted a paper. He was smoking a cigarette. He said, “No, there’s my boy,” pointing at a little boy. Some other boys asked him for a paper and he said no. He then asked Dolan if he would do a job for him. Dolan said no, he had to sell his papers. The man asked him to meet him in a quarter of an hour, that he wanted him to fold papers. He came down again and Dolan met him. Dolan and accused and I went up to an office. Before going in accused said “Hold on, don’t come in yet till I give you the office.” He then said “Walk in on your tiptoes.” When we sat on the chair we
11
had seven Stars. Dolan had four and I had three, I left the three in a little pigeonhole in the office. I asked accused where were the papers we had to fold up. He said “Oh, I’ll get them in a minute.” He then came over and put his arm around my neck and kissed me and caught hold of me and put a finger in my privates and tried to pull my fly open. I pulled away from him and he ran over the Dolan and felt his privates while I was running out, and said to me that I had the biggest one. He was trying to take Dolan’s trousers down. I sang out that I would tell on him if he did not let Dolan go. Dolan got away from him and we both ran away out over the other side of the road. Accused came to the steps and we said we would tell on him. He offered us threepence not to tell and to come back in about five or ten minutes and said “I will give you some more.” He said (?) tell
12
if you don’t go away I will give you in charge. We then rang the bell so that we would make him come out and we could call a Policeman to give him in charge. We rang two or three times and he came out and shut the door and we rang again and stood over the other side of the road, and he came out and made run at us. We ran and he chased us. He Dolan ran into O’Neill’s grocer’s shop and accused nearly hit him with a stick, but he got away. I ran into the hotel. We then both went up a lane and I told three men and bye and bye we told the Senior Constable. I afterwards came back and saw accused get into a tram. When I told the Constable we went down to the place and got the three Stars I left.
To Mr Bull: The first time we rang the bell he said he would give us in charge. We rang 2 or 3 times after that. We rang altogether about 4 times. Dolan he rang the most times.
13
I don’t think he would be telling the truth if he said the bell was only rung once. After we did get out we saw a Policeman while we were talking to the accused, but did not speak to him. We did not tell the Policeman till after 8 o’clock after he had got into the tram. We rang the bell to fetch him out and give him a charge. I offered to sell him papers at Hunter Street. Dolan might have asked accused on the way to the station to buy a paper. I don’t remember doing so. We were not asked to take a message or a note to O’Neill’s. Accused did chase us with a stick immediately after the last time we rang the bell. Dolan pulled it and I heard it rang enough. As Dolan pulled the bell we got on to the other side of the road and we ran and accused came after us. Dolan and I did not follow accused up to try and sell papers. I have never been in court before. I and
14
Dolan often had rows together. I threw a knife at him once. When accused told us to clear out we did not say if he did not give us anything we would make him cop out. We said we would tell on him. It was before we saw the first Policeman whom we let pass by as we didn’t know what to do. I have spoken to the Senior Constable in court several times. He spoke to us and told us he arrested accused. On Saturday morning I went into Moloney’s office to ask him to buy a paper. I walked out and the Constable walked in. I did not give a written statement of my evidence to anyone. I told Ross what evidence I could give.
[Signed] Joseph N Walsh.
Taken and sworn at Water Police Office, Sydney, this 8th day of November 1895 before me.
[Signed] GWF Addison SM.
15
This deponent George William Allen on his oath saith as follows:–
I am a Constable of Police at Sydney. On the night of the 29th ultimo I went into the office 127 Phillip Street with Senior Constable Ross and the two boys and found the three Stars produced. Walsh got them on a shelf.
[Signed] George W Allen.
Taken and sworn at Water Police Office, Sydney, this 8th day of November 1895 before me.
[Signed] GWF Addison SM.
~ ~ ~ ~ ~
(N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales, Sydney
TO WIT. }
James Neiland stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 8th day of November in the year of Our Lord one thousand eight hundred and ninety five for that he, the said James Neiland on the 29th day of October 1895 at Sydney, in the said Colony, did indecently assault Percy George Dolan a male person and the examination of all the witnesses on the part of the prosecution having been completed, and the depositions taken against the accused have been caused to be read to him by me, the said Justice, (by/or) before whom such examination has been so completed; and I the said Justice, having also stated to the accused and given him clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt but that whatever he shall say may be given in evidence against him upon his trial, notwithstanding such promise or threat; and the said charge being ready to the said James Neiland, and the witnesses for the prosecution Thomas Ross, Percy George Dolan, Joseph Norman Walsh, George William Allen, being severally examined in his presence, the said James Neiland is now addressed by me 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 in evidence against you upon your trial;” whereupon the said James Neiland saith as follows:– “I reserve my defence.”
Taken before me, at Sydney, in the said Colony, the day and year first above mentioned.
[Signed] GWF Addison SM.
~ ~ ~ ~ ~
(N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales, Sydney
TO WIT. }
James Neiland stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this eighth day of November in the year of Our Lord one thousand eight hundred and ninety five for that he, the said James Neiland on the 29th day of October 1895 at Sydney, in the said Colony, did indecently assault Joseph Norman Walsh, and the examination of all the witnesses on the part of the prosecution having been completed, and the depositions taken against the accused having been caused to be read to him by me, the said Justice, (by/or) before whom such examination has been so completed; and I, the said Justice, having also stated to the accused and given him clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall say may be given in evidence against him upon his trial, notwithstanding such promise or threat; and the said charge being read to the said James Neiland, and the witnesses for the prosecution Thomas Ross, Percy George Dolan, Joseph Norman Walsh, George William Allen, being severally examined in his presence, the said James Neiland is now addressed by me 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 in evidence against you upon your trial;” whereupon the said James Neiland saith as follows:– “I reserve my defence.”
Taken before me, at Sydney, in the said Colony, the day and year first abovementioned.
[Signed] GWF Addison SM.
~ ~ ~ ~ ~
G. 190.
REGINA.
versus
James Neiland
Offence,— Indecent assault on a male person.
The accused stands committed to take his trial at the next Court of Gaol Delivery to be holden at Darlinghurst, on the 18th day of November 1895. Bail allowed the accused in £100 and two sureties in £50 each, or one in £100.
[Signed] GWF Addison SM.
JP.
Dated at Water Police
Sydney Office,
this eighth
day of November
AD 1895
4g 416 - 88
~ ~ ~ ~ ~
(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
New South Wales, Sydney
TO WIT. }
Be it remembered, that on the 8th day of November in the year of Our Lord one thousand eight hundred and ninety five Thomas Ross a Senior Constable of the Police Force, Sydney, George William Allen a Constable of the Police Force Sydney in the Colony of New South Wales, personally came before the undersigned, one of Her Majesty’s Justices of the Peace for the Colony of New South Wales, and acknowledged themselves to owe our Sovereign Lady the Queen the sum of
FORTY POUND EACH,
of good and lawful money of Great Britain, to be made and levied on their Goods and Chattels, Lands and Tenements, to the use of our said Lady the Queen, her Heirs and Successors, if they the said before mentioned persons shall fail in the condition indorsed.
[Signed] Thos Ross, George W Allen.
Taken and acknowledged, the day and year first above mentioned, at Sydney in the said Colony, before me.
[Signed] J[ohn] Mac[vicar] Bonthorne, JP.
The condition of the within written Recognizance is such, that whereas James Neiland was this day charged before GWF Addison Esquire a Stipendiary Magistrate and one of Her Majesty’s Justices of the Peace for the said Colony, with indecent assault on a male person.
If therefore, they the before mentioned persons shall appear at the next Court of Gaol Delivery to be holden at Darlinghurst in and for the Colony of New South Wales, on the 18th day of November next, at nine of the clock in the forenoon, and then and there give such evidence as they know, upon an information to be then and there preferred against the said James Neiland for the offence aforesaid, to the jurors who shall pass upon the trial of the said James Neiland.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] J Mac Bonthorne. JP.
~ ~ ~ ~ ~
[dated 12/11/95]
Memorandum to CG Wade Esquire, Crown Prosecutor.
Will Mr Wade be so good as to place the accompanying papers (3) with depositions number 306 sent to him yesterday.
~ ~ ~ ~ ~
George Read Esquire, Superintendent
No. 1 Station, 14 November 1895.
Re James Neiland under committal.
Senior Constable Ross respectfully reports for the information of the Superintendent that the above man was committed for trial to the next sitting of the Criminal Court from the Water Police Court on two charges of indecent assault on two boys in an office at 127 Phillip Street on the night of the 29th ultimo from inquiries made by the Senior Constable he is unable to trace any goal record against this man but it is said if rumour is correct that he has on other occasions induced other boys than the present prosecutors in this case to accompany him to the above office for immoral purposes.
[Signed] Thos Ross, Senior Constable.
~ ~ ~ ~ ~
(S. 1.)
Recognizance of Bail.
New South Wales, Sydney
TO WIT. }
Be it remembered, that on the 12th day of December, in the year of Our Lord one thousand eight hundred and ninety five James Joseph Alphonsus Neiland of No. 1A Barcom Avenue Sydney, in the Colony of New South Wales, Clerk. John Joseph Doherty, of Purves Street, Forest Lodge, in the said Colony, accountant and Michael Edward Reidy, of No. 1 Pine Street Newtown in the said Colony, Shipping Clerk personally came before me, the undersigned, one of Her Majesty’s Justices of the Peace for the said Colony, and severally acknowledged themselves to owe to Our Sovereign Lady the Queen the several sums following (that is to say); the said James Joseph Alphonsus Neiland the sum of one hundred pounds; and the said John Joseph Doherty and Michael Edward Reidy the sum of fifty pounds each, 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 Lady the Queen, her Heirs and Successors, if he the said James Joseph Alphonsus Neiland shall fail in the condition indorsed.
[Signed] Jno J Doherty, Michael Edward Reidy, James Neiland.
Taken and acknowledged, the day and year first above mentioned, at the Central Police Force, in the said Colony, before me.
[Signed] FS Isaacs, JP.
Condition in Ordinary Cases.
The condition of the within written Recognizance is such, that whereas the said James Joseph Alphonsus Neiland was on the 27th day of November instant, charged before Sir Frederick Darley Esquire, Chief Justice for the said Colony, with indecent assault upon a male person if therefore the said James Joseph Alphonsus Neiland will appear at the next Court of Gaol Delivery to be holden at Darlinghurst in and for the Colony of New South Wales, on Monday the 16th day of December 1895, at nine of the clock in the forenoon and so from day to day until called upon 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 to depart the said Court without leave, – then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] FS Isaacs, JP.
~ ~ ~ ~ ~
Affidavit of Justification.
New South Wales, Sydney
TO WIT. }
THE QUEEN
v.
James Joseph Alphonsus Neiland.
(Indecent assault upon a male person.) – John Joseph Doherty of Purves Street Forest Lodge in the Colony of New South Wales, accountant and Michael Edward Reidy of North Coast Company, Sussex Street Sydney in the said Colony, shipping clerk who severally offer themselves as bail for the above name James Joseph Alphonsus Neiland severally make oath and say: and first this deponent, the said John Joseph Doherty for himself saith, I am an accountant residing at Purves Street, Forest Lodge in the said Colony, and am worth property to the amount of fifty pounds over and above all my just debts and liabilities, and over and above every other sum for which I am now bail or surety; and this deponent, the said Michael Edward Reidy for himself saith, I am a shipping clerk residing at in the said Colony, and am worth property to the amount of fifty pounds, over and above all my just debts and liabilities, and over and above every other sum for which I am now bail or surety.
[Signed] Jno J Doherty, Michael Edward Reidy.
Sworn at the Central Police Office, Sydney in the Colony aforesaid, by the said John Joseph Doherty and Michael Edward Reidy the 12th day of December in the year of Our Lord one thousand eight hundred and ninety five before me, the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony of New South Wales.
[Signed] FS Isaacs, JP.
~ ~ ~ ~ ~
19 Dec/95
Regina versus Neiland
In this case in which the jury disagreed Counsel for the accused, has applied if the Attorney General directs a retrial, that it may be postponed until next sessions.
Mr Crown Prosecutor Wade has stated in reply to an enquiry by the Crown Solicitor, that he sees no objection.
~ ~ ~ ~ ~
Affidavit of Justification.
New South Wales, Sydney
TO WIT. }
The Queen
v
James Neiland.
(Indecent Assault on a male person) Henry Clement Hoyle of 76 Buckingham Street, Sydney in the Colony of New South Wales, jam manufacturer offers himself as bail for the above named James Neiland maketh oath and saith and first this deponent, the said Henry Clement Hoyle for himself saith, I am a jam manufacturer residing at 76 Buckingham Street Sydney in the said Colony, and am worth property to the amount of one hundred pounds over and above all my just debts and liabilities, and over and above every other sum for which I am now bail or surety.
[Signed] HC Hoyle.
Sworn at the Central Police Office Sydney in the Colony aforesaid, by the said Henry Clement Hoyle the 28th day of February in the year of Our Lord one thousand eight hundred and ninety six before me, the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony of New South Wales.
[Signed] FS Isaacs, JP.
~ ~ ~ ~ ~
(S. 1.)
Recognizance of Bail.
New South Wales, Sydney
TO WIT. }
Be it remembered, that on the 28th day of February, in the year of Our Lord one thousand eight hundred and ninety six James Neiland of 322 Upper Brougham Street Sydney in the Colony of New South Wales, Clerk and Henry Clement Hoyle of 76 Buckingham Street Sydney in the said Colony, jam manufacturer personally came before me, the undersigned, one of Her Majesty’s Justices of the Peace for the said Colony, and severally acknowledged themselves to owe to Our Sovereign Lady the Queen the several sums following (that is to say); the said James Neiland the sum of one hundred pounds; and the said Henry Clement Hoyle of one hundred pounds, 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 Lady the Queen, her Heirs and Successors, if he the said James Neiland shall fail in the condition indorsed.
[Signed] James Neiland, HC Hoyle.
Taken and acknowledged, the day and year first abovementioned, at the Central Police Office in the said Colony, before me.
[Signed] FS Isaacs, JP.
Condition in Ordinary Cases.
The condition of the within written Recognizance is such, that whereas the said James Neiland was on the 28th day of February instant, charged before His Honor Acting Justice Cohen with indecently assaulting a male person if therefore the said James Neiland will appear at the Court of Gaol Delivery now being holden at Darlinghurst in and for the Colony of New South Wales, on Monday the second day of March 1896 at nine of the clock in the forenoon or at such other time and place as the Solicitor General may appoint 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.
[Signed] FS Isaacs, JP.
~ ~ ~ ~ ~
Sydney 28/2/96
To Senior Constable Ross,
Dear Sir,
I wish to advise you of the strong animus which J Fogg, has against my son, and as Fogg will be called as a witness as to the character of my son, you might advise the Crown Prosecutor of the fact of the strong feeling which exists. I may state that only about 4 weeks ago Fogg, urged a young man named Robert Weldon to trump a charge of assault against my son, and provided the money for the issue of a summons. Hoping you will bear this in mind when this man is giving his evidence.
I remain Sir, in haste.
[Signed] JP Dolan.
~ ~ ~ ~ ~
[On the depositions’ cover sheet is the following]
Central Criminal Court
Sydney
18th November 1895
AG’s No. 306
Depositions
CS’s No. 10 1
Regina
v.
James Neiland
Indecent assault on a male person
(Two charges)
Committed at: Water Police Office
on: 8 November 1895
~ ~ ~ ~ ~
Cor. Darley CJ. Plea not guilty. Tried 27 Nov 1895. Jury disagree & are discharged. Bail granted as before. Self in £100 & sureties of £50.
To appear Monday Nov Dec 9 in another court.
Memo to the AG. I think this man should be tried again. Does the Attorney General agree to this proposal?
[Signed] CG Wade 9/12/95
Approved J[ohn] H[enry] W[ant, QC] AG 19/12/95
Cor[am] Cohen J. Re-arraigned. Plea not guilty. Tried 27 3-3-93 [sic–96]. Verdict not guilty.
~ ~ ~ ~ ~
Oct/29/95 at Sydney
S[ection] 60 Indecent assault upon a male person.
[Initialled] C[harles] G[regory] W[ade, Crown Prosecutor]
12/11/95
Approved J[ohn] H[enry] W[ant, QC] AG
12 Nov 95
Subpoenas issued for Dolan + Walsh
16.11.95
~ ~ ~ ~ ~
Justice FM Darley’s notebook 7
149
[Sydney – 1st trial – Wednesday 27 November 1895]
The Queen v James Neiland – Did on 29th October indecently assault Percy George Dolan a male person. (Sec. 60, 5 years penal servitude)
Plea not guilty
Mr Walker appears for prisoner.
Crown Prosecutor opens case.
Percy George Dolan examined Wade. I am going on for 15. I sell papers at corner of Hunter & Elizabeth Streets. I sell the evening paper Star & News. I know boy named Walsh. He sells with me. I sold papers this last month. I know accused. I 1st saw him on 29th October. I saw him at 7.15 on that evening. 8 I was at corner of Hunter & Elizabeth Streets when I saw him. I had sold a paper (Star). He was standing talking to some of the boys. He asked me did I want a job. I said yes. I said I could not go then, not for another ¼ of an hour. He told him me he wanted me to fold some bills, that he would give me a job
150
of folding bills & to come up to the office. I told him I could not go then. He said office was in Phillip Street. He told me a number which I have forgotten. He went away. He then came down again & asked me to go up & fold some bills. I went up with him then by myself but I told another boy to follow me, a Norman Walsh, he followed me up just a little way behind. He went into Maloney’s office in Phillip Street & he said he would give me the office 9 when to come in. Walsh came up then & he said I can’t let you two in, I can only let one in. He would not let other boy in with me. He said I can’t let two in, I only want one. I said I would not go in. He then called me back & said he would let the two of us in. When we went in he told us to walk on tiptoes & not to make a noise. We went into first office on the ground floor. Walsh asked him for the bills to fold. He went over to Walsh & put his hands on Walsh’s privates.
151
He came over to me & put his hands on mine & said that Walsh had the biggest & I had the littlest. I tried to pull myself away & he tried to undo my braces. Walsh ran out to the door & said if he did not let me go he would sing out. He kissed Walsh & kissed me. He kissed Walsh before he came over to me. He let me go & when Walsh ran out he left 3 Stars behind him. They were 29th October last edition. We both ran over to the Telegraph Post & we went back again & rang the bell. He came out & gave me 3d. & said “Don’t tell on me”. I took it & gave it to him back again & said he might keep his 3d. He threatened to give me in charge to a policeman. He said “Clear out of this or I will give you in charge.” This was after I gave him back the 3d. He went inside & got his hat & stick. We rang the bell again & ran on to the Post & he came with his stick & chased us. I made O’Neill’s grocers shop.
152
I ran through to the yard & saw Mr (Barr ?). I went & saw policeman (?). We went back to office & got possession of the Stars. These are they – three Stars put in Exhibit A. I did not see him see accused that night. I saw him on Saturday morning when police caught him.
Cross-examined Walker. Walsh & I are mates. Some newsboys are not good. I was employed by Mr (Noff ?). Once he dismissed me. I never took a 1d. of his money. He did not dismiss me for that but he dismissed me for being cheeky, answering him back. I never use bad language. I was (summoned ?) by an Italian for calling him names, but not swearing names. Mother persuaded Italian to drop the charge. I have said to Walsh Oh you only serve Joeys with papers. I don’t know that “Joey” is applied to a man who takes boys away for wrong purposes.
153
Joeys are Toffs with big collars. I know Hardy the (flagman ?). I never throw stones at him, only pieces of orange skin. Never call him names or abuse him. I know now why he wanted me at the office. I know now it was for an immoral purpose. I heard of the Oscar Wilde case and know what it was about. Have not spoken to boys about it. There is a boy named Wilson who sells papers often. I have not with Walsh got hold of Wilson & stuck my fingers up his anus or in the back of his breeches. I have never taken part in watching a drunken man & then putting an accomplice on to him. I have seen boys picking pockets but not in Hunter Street. I know these boys by sight but not to speak to. They are boys who sell papers.
154
Never saw Neiland before that night that I know of him. That night I asked him to buy a paper. He came over & said Is this the last edition & he felt in his pocket but did not buy one. He pretended to buy one. I went to the office following him behind as far as from here to (Court ?). Walsh behind as near as to end of Court. He asked us to come up. We did not go up unasked. When we got there he was not sitting at his desk & he did not tell us to clear out. He went in & lit the gas & came out again & stood at the door. He had told me he would give me the office when to go in. He did not say when I got there I want to send a note on to O’Neill’s & he never writ no note while I was there. He did not say he had changed his mind
155
about the note & that he would give me a message to Mr Maloney. When he came out I was standing close by with Walsh & he said if I did not go away he would give us in charge. He never spoke to us about no message, he did not say you have not been with that message, no conversation at all about a message. I rang the bell 2 or 3 times to get my papers and to follow him to see where he went. I said at Police Court I only rang the bell once. When he offered the 3d. I said I would give him in charge. While we were saying we would give him in charge a policeman passed. We did not then give him in charge. We thought the policeman would not believe us. I have spoken to Constable Ross about the case & to Walsh, not so often to Walsh as to Ross but a dozen times to Ross. I know (Bichell ? passim). I did call him to come up. He said how he was in a hurry. Did not say to Bichell why I wanted him to
156
come up. I live at No. 5 Yeends Place off Liverpool Street between Sussex Street & George Street. I am 14 years of age. Have been at work a little over 18 months. Went to school before that, a good while at school in (?) a Public School. I never said that I had he said I had a big one & the other boy a little one. He went to Walsh 1st & when he wrenched himself away he ran out of office into passage. I pulled myself away having picked up 4 Stars & ran away & joined Walsh. Walsh put the papers in a pigeon hole & then went to sit down in chair. Walsh was sitting down when Neiland came up. I was sitting down. I said at Police Court we ran to the door & Walsh left three papers behind on the desk.
157
I was not certain where he left them. Walsh said I will sing out if you did not let him go. Walsh was standing by the door in the passage when he said that. Where I was was near pigeon hole about arm’s length. I do not know which way the door opens. I was about up at window. Do not know that door opens so as to exclude view from pigeon holes. When he threatened to give us in charge we did not say we will put you away for being so (funny ?) you will (cop ?) out. We did ask us him for the papers. Did not say that at Police Court but asked. This was first time we rang bell. He came out, then when we asked for papers he took no notice & went back again. He came out 2 or 3 times after we rang bell. We only asked him once for the papers. We rang the bell to get him wild & to follow him. Walsh is not a very good boy. He threw a knife at me which stuck
158
into me. I call him Norman. He is not bad, only a bit rowdy. He was only wild when he threw knife at me.
Joseph Norman Walsh examined (W ?). I am going on for 16. I sell papers corner of Hunter Street & Elizabeth Street. I saw him one night at corner of Elizabeth & Hunter Streets. I know Dolan, he was there that night. A big boy offered to sell him papers. He said no that, pointing to a boy named Wilson, is my boy & then Dolan asked him if he wanted a paper & I saw him walk away with Dolan & then Dolan spoke to the big boy. We call him Bichell & 2 or 3 other names. Dolan spoke to me after Dolan spoke to me. 10 We went up & went into the office & accused said Don’t come in just yet till I give the office. I followed Dolan going to the office. When I got to
159
house Neiland & Dolan were there. We went into the office. I sat down. Dolan had 4 Stars, I had three. I put them in a little pigeon box on table near wall. I said where are the papers. He then came over, kissed me & put one finger on the fly of my trowsers. I pulled away & he said he, meaning me, has a bigger one than you. He was then trying to pull Dolan’s trowsers down. I swore at him & said if you do not let him go I will sing out. He came to door. We ran outside door just on to the pavement. The P There was a policeman came down & we were going to tell him & accused offered us 3d. not to tell him, & we said we don’t want your 3d. I had said don’t take it Dolan. The policeman went by & he said if you do not go away I will give you in charge. He went inside
160
the front door & locked it & Dolan started pulling the bell. When he rang the bell he came out & we ran down a bit. When he went out in I pulled the bell & we had just time to get across the road when he came out with a stick. I ran through Neilds 11 side door & Dolan ran through the shop. We met at the back. They cleared us out of where we were & we ran to the greengrocers shop across road. We ran up a lane where were (3 ?) men. We told them something & the police later on. I saw policeman at Police Court afterwards.
Cross-examined Walker. Over a year a newsboy. At Newman’s Photographers as a message boy before that, getting wages. I left Newman’s myself. They were giving me 5/- a week. I was (frightened ?) to (call ?) for (?) & I left. There are bad boys amongst the
161
news boys. I am not a good boy. I know that. I don’t suppose Dolan is a good boy either. I live at 42 Yurong Street with my mother. I believe my stepfather is at New Caledonia. I do not know. Dolan said Oh yes only sell papers to “Joeys”. A Joey means a man something like accused wanted to do to us. I know a boy named Wilson. I saw Dolan has often got hold of him & stuck one finger in the back of his breeches. I threw a knife at Dolan once. He hit me in the jaw & I ran after him & my arm got a knock & [it] flew out of my hand. It stuck in him & made him bleed. Sometimes I swear, not much. Dolan swears a bit. I know (Fogg ? passim). I did not tell Fogg I had been having a great lark with a fool. I said we had had a lark with a Poof, that means a man who does these things.
162
I told Bichell that I wished we had nothing to do with the matter. That was after Police Court proceedings. Accused went up to office first & then me & Dolan went together. Accused was ahead of us a bit further than the length of room. The windows of this office look into Phillip Street a few doors up from where old (?) (street ?) was. I think gas was alight when we got there. When I went up he was standing in verandah. I forget which way the door opens. I sat down on a seat when I went in. When accused came up & got hold of me I was sitting down. When accused went over to Dolan I was going over to door to go out. I was in room when he did this. I then opened the door. Dolan came out. Just as I got out of front door Dolan was running out of office.
163
We got on to the road & came back to footpath & sang out. We were going to lag him to put him away. A policeman was passing. When he offered the 3d. he said come back by & bye & I will give you some more. I heard nothing about a message nor did not get angry about not taking a message or his refusing to pay for it & say we would make us (cop ?) out. We rang the bell to get the three Stars & to get him wild as much as anything. I said in Police Court we rang the bell so that we would make him come out & so we could give him in charge.
Re-examined Crown Prosecutor. The gas was alight when we went inside this office. I could not say if it was alight when we got to house. The accused went first & I followed up behind Dolan. When we got to Phillip Street we were together.
164
When I said to Bichell I did not want to have anything to do with it I meant I did not want my name in the papers for such a thing as that. 12 As to Wilson what I mean is that we catch him by the back of the trowsers. He is a little boy & we do it for a lark.
George William Allen examined Wade. I am a Constable of Police stationed in Sydney. I know the boys Dolan & Walsh. I recollect seeing them one night in October. It was on 29th. It was about 8.30 at night. 13 I saw them in King Street. They appeared to be a little excited. They told me something. I went to the corner of Market & Elizabeth where I saw Senior Constable Ross. I had some conversation
165
and Richmond Gazette, Sat 14 Oct 1899, p. 11.
Reproduction: Peter de Waal
with him. I then went back to King Street with Senior Constable Ross. We then went with the boys to 127 Phillip Street. Outside house is PP Maloney Solicitor. Front door was locked. We got inside. We rang the bell & the caretaker opened the door. The 1st door to office was locked. When we got into 2nd room we got into 1st room. I saw the boy Walsh go to a pigeon hole & get three Stars. He gave them to Senior Constable Ross.
Cross-examined Walker. The door of office opened inwards & a person at pigeon hole could not see into passage.
Re-examined Wade. The table was towards window. The house is on left hand side as you go from King Street &
166
the office is on right hand side of hall.
Thomas Ross examined Crown Prosecutor. I am a Senior Constable in Police Force. I arrested prisoner on 2nd of this month about ¼ past 10 in morning. I had been looking for him before that. I 1st started on the 29th October. I was looking for him on Wednesday, Thursday & Friday. I encountered him in the doorway of Mr Maloney’s office. I touched accused on the shoulder & told him I wanted him, that I had a warrant for him. He asked me what for. I said an indecent assault on two boys in the office. He said yes there were two
167
boys here the other night making a row. I then took him to Police Station No.1 & there charged him with indecently assaulting Percy Dolan a male person & Norman Walsh a male person. He replied to the charge “Who are they”. I saw the boys on the 29th of last month in King Street. I had a conversation with them & then in company with them & Allen went to an office in Phillip Street. Walsh went to a pigeon hole, pulled out 3 Stars & handed them to me.
Cross-examined Walker. The caretaker told me that there was a row, that bell had been pulled & she came up to see what was the matter.
168
I believe accused is employed by solicitors in Sydney. The boys told me he had gone away in the train on Wednesday, Thursday & Friday. I looked for accused at Mr Maloney’s office & elsewhere. When I arrested Neiland I asked him if his name was Neiland. He said yes. He sang out for Maloney to come & see him through. I mean to suggest that he was keeping out of the way. At Police Court magistrate did not ask if I was trying to get him into gaol. Mr (Bull ?) did. Before committal & after warrant read he asked to be allowed to have a (drink ?). I know Mr Fogg a stationer. I saw him this week. I did not
169
ask him if he was to be called as a witness. I never said that it would be wise for him if he gave evidence or words to that effect.
Nellie Lang examined Crown Prosecutor. I am a married woman & caretaker of 127 Phillip Street. I was there in October last. I know the prisoner. I have seen him on the premises. I heard of his arrest 2 or 3 days after. Something had happened (I ?) (remember ?) that night of 29th October. I let him in to the office about 7.15 on that evening. I went then down stairs to bath my children and put them to bed. About 8 o’clock the bell rang over & over. I had not seen him from 7.15 to that time. 8 o’clock I came up stairs & asked
170
prisoner what was the matter. He said two boys were ringing the bell & it would not be good for them if he caught them. I heard him go out into the street & come back again & he left the house for good at 8.15.
Cross-examined Walker. I live at this house altogether. I live at the basement. From office to head of stairs iss as far from me to the dock. I heard no noise except the ringing of the bell. I did not know the two boys were in the house. The room I was in the was under the office. Accused comes back occasionally to work at night.
171
To me. When he came in I saw no one with him, no boys. I shut hall door at 7.15. Whoever came in after that & before bell rang must have been let in by accused. I heard him at the door between 7.15 & 8 o’clock speaking to some persons.
Ross recalled. When I arrested prisoner I found a Yale key on him which opens the office door.
Case for the Crown Closed.
Defence
James Neiland examined Walker. I am a married man. I have been employed by attorneys in Sydney, Mr WI Hill for 2 months, Mr Pigott for a month, Mr Williamson & Williamson 5½ years. I was then at government asylum Parramatta 14
1a
The Queen v Neiland – Defence – James Neiland the accused – evidence continued from page 171.
I left the Parramatta Asylum to undergo an operation. I have references from all the people where employed. I was laid up till end of April & then I came to Sydney. I was on half pay from government till I got strong enough. I went to Maloney’s 2nd last week in August. Mrs Lang let me into office at 7.15. I had some work to do for Mr Maloney that night. I lit both sets of gas lamps [diagram drawn into text here]. I entered up some things in Mr Maloney’s diary for that day & then I thought I would have
2a
a smoke & I thought I would go round corner & buy a packet of cigarettes. I went & bought a packet of cigarettes. I walked along side Phil Hunter Street towards Phillip Street when Dolan called me to buy a paper. I told him I did not want it & when I got to corner of Phillip Street he asked me again. He told me he had only 4 papers left, that he wanted to get rid of them & he asked me to buy one. Again I refused. When I went out I left the door ajar so that I could get in without calling up Mrs Lang. I did not ask Dolan to fold papers for me. I went back to office & I left hall door open because I was expecting Mr Maloney every moment & I had key of office, only key.
3a
I went into room & sat at table which is close up to wall between the two windows & you sit facing King Street. It was not very long before I heard some steps coming to office & then I saw Dolan & Walsh standing inside the office on carpet, which is a heavy one. I asked them what they wanted & Dolan asked me again to buy the paper. I am nearly certain both had papers. Dolan I’m certain had the Evening News. I told him I did not want it & that he had no earthly right in the office & I told both of them to clear out. Dolan then said he’d had a very bad day & had sold hardly any papers at all. Walsh joined in then and said the same thing as Dolan.
4a
Dolan again said he had only 4 papers left & he wanted to dispose of them. About this time I was going over to O’Neill’s to see if Maloney was there. He does not live there. It is the (best ?) hotel near office. I then said “Well, I can send you on a message” 15, taking compassion on them. I said do you know Mr O’Neill the Assembly Hotel. Dolan said yes he knew Mr O’Neill. I then asked them would they bring a note over for me. They said “Yes”. They walked towards table & stood between table & pigeon holes. There are 2 yards space between the pigeon holes & the table. I started to write a note. The two boys walked towards the pigeon holes from the table. I never took any notice of what they were doing.
5a
Cosgrove (Samuel) Hamilton (Frank) (at ?) (about ?) Queen. 61 & 62 16
I went on writing the note. When I finished writing the note they came to the table again & I was about to give the note to Dolan, when I changed my mind as there was some thing in note which I thought it inadvisable to send. I tore up the note. The note was to Mr O’Neill asking if Mr Maloney was at hotel, & if there to tell him I was waiting at office for him, & also if not there if he came by 8 o’clock I would wait till that hour. I said in note to Mrs O’Neill I had been down to Manly that afternoon with Mr Maloney & that I missed him at Manly. I explained how I missed him & that I came up
6a
by the boat & I was waiting for him to come to the office. I then on account of that paragraph did not send it as I was afraid Mrs O’Neill would put note behind the bottles & the barmaid or Mr O’Neill get hold of it and Mr Maloney would be offended. I did not take the message over myself because in the first place a lot of young fellows I know go in there & I thought I might get talking if I met my friends & Mr Maloney might go to the office & I might miss him – 17 I then asked them to go there & tell Mrs O’Neill that Mr Neiland was waiting at Mr Maloney’s office for him & that if he was there to send him over. It is about twice the length of this court from the office to O’Neill’s.
7a
Duffy John & Harry William – 98 18
They said they would go and went. They were never in the office or on the steps of verandah after that. I never put my hand on Walsh’s privates nor did I kiss him on the neck. I am not a man of that kind. I did not touch Dolan’s privates or kiss him. I did not molest them in any way. They went away on this message. Three minutes did not elapse till I walked on verandah. I saw the two boys moving across road towards verandah. They were laughing. I asked them had they delivered the message & Dolan said “Yes Mister.” I said they could not be across to hotel in that time.
8a
Dolan said “Truly Mister we have, he is not there.” I told them then to get away, I would go & do my own business. They seemed to be annoyed & Dolan said “You are a nice bloke not to pay a fellow for going on a message.” 19 I told them to clear out, to go away from place & that if they did not go I would make them go pretty quick. They then moved to lamp on same side of street. Dolan then made use of bad language. He said “Go & fuck yourself.” I then got annoyed & I saw a constable coming down from King Street towards Hunter Street. He was quite close & I thought would hear what boy said. I said then I would give him in charge to constable for using obscene language & then they asked me not to. They said let
9a
the cop go by & when he does we will go away quietly. As the policeman on his was passing Dolan pulled paper from under his arm & offered it to him saying “Do you want this Mister.” Then they (?) (towards ?) gas lamp. Dolan again asked for something for message. 20 I was walking towards hall door when Dolan said “You will cop up over this.” 21 & Walsh said “We will put you somewhere where you will not get out in a hurry.” 22 I went in & closed hall door. I went into Mr Maloney’s room. I was only there a few minutes when I heard a bell pulled very hard. When outside & policeman coming down, they said nothing to me about giving me in charge. I did not offer them 3d. or any money whatsoever & I did not tell them when they came back I would give them some more. When bell rang I went to
10a
hall door. I saw the two boys moving away. Dolan said nothing about papers. I did not know papers were in office. They came back a 2nd time & rang again. I went to hall door again. They ran away then. I was then very much annoyed so I made up my mind that if they came again I would hunt them away, so they came back a third time. When I heard them go coming I put out lights & ran after them to O’Neill’s grocer shop where I got them. I saw Dolan standing at door leading from grocer shop to hotel with his paper under his arm. Did not see Walsh. Young O’Neill was behind counter & asked me what was the matter. I told them him they were kicking up a row at Maloney’s office & trying to pull bell wire. O’Neill told him to get away.
11a
I walked then to hotel, looked for Maloney & did not see him. I went straight down to tram terminus & took a tram for Redfern. I went home. I reached there at ¼ to 9. I was suffering from operation. I was ill in bed on Wednesday. I went to office on Thursday. I did not stay there. I went to office on Friday morning first thing. I was there all day. I left about 12 as my wife came for me. I went back to office at 2 o’clock & stayed there that afternoon. On Saturday I was there at 9.30. About 10.15 Ross came there & asked me if (Hyland ?) worked there. I said Neiland was my name. He said can I speak to you privately. I said certainly. We walked on to footpath. He told me there was a warrant out for my arrest. I asked him what
12a
what for. He said for an indecent assault. I said upon whom pray. He told me then on two boys, giving their names. I then told him there were two boys down that night pulling the bell. He asked me did I know them. I said no. We then went to Clarence Street Station where I was charged. There is no truth in the suggestion that I was keeping out of the way.
Cross-examined Wade. The (clerk’s ?) name is Con O’Connell. He is not subpoenaed. Never I saw these boys before in my life & up to 7 o’clock that night never had an angry word with them. They were in the office 20 minutes or a quarter of an hour 23 It would take me three minutes to go to hotel. I (said ?) in the letter, in addition to what I have already said, that Maloney had got under the influence of
13a
Gibbons (Frederick Brian de Mallison ?) admitted as a barrister. 24
drink at Manly. He was under the influence of liquor at 5.30 & I was trying to get him up the steps from the harbour beach. I got him up & we walked towards old wharf wharf nearest to Quarantine Station. We went down & sat on steps at wharf. We were talking there some little time when Maloney said he had to go away to do an act of necessity, that he would not be very long. I waited some little time. Maloney had not come back. I went to look for him. I met two clergymen & described Maloney. They had not seen him. Did not see him again at Manly. Left by 6.30 boat & got to wharf at 7.15 and I got
14a
to office at 7.25. I went to Manly from 12.30 boat. Maloney not at office that day at all. I went to Oddfellows Hall Hotel in Haymarket (where ?) Maloney (was ?), (consequent ?) upon Billiard (Marker ?) of hotel coming to tell me he was there & I went up to hotel with letters & papers. He was sober then. We had a few drinks together. He opened letters & papers that I brought down. He said a trip would do him good & so we both went to Manly. He asked me to go with him. I do not think he was fit for business. I made an appointment to meet him at the office. I should not think he was fit to go to the office that night. He wanted me to draw up some affidavits. No special work to time fixed to meet that night at the office.
15a
Hamilton (Frank) (?) The Queen 61, 62 & 63 43 25
I was not anxious to go to the office that night. I was only following out instructions. I had a few drinks. I was sober though. I was not going to O’Neill’s hotel because I might get more drinks there. I forgot that Maloney could not be at hotel if he came up in the 7 o’clock boat. Don’t know if there is a 7 o’clock boat. It is about twice the length of court to O’Neill’s. I was most anxious that O’Neill Maloney should get no more drink at O’Neill’s. I wanted to get him to the office & so home to his own place. I left the office at 8 o’clock finally. When I went into office they pulled the bell. I did not suppose that he would be there at 8 o’clock. We had arranged to go up by the same boat. I got the key of the office
16a
on the Wednesday. He gave me the key at the office. I do not know why he gave it to me. The boys were standing in the office all the time they were there. I gave them the message & they went away quietly. There never were any bills to fold in the office. Dolan said he had a very bad day & then he told me he had sold all but 4 papers. H I never said to them wait till I give you the office. There was an Equity matter coming on. I never (drew ?) the affidavits I spoke of. Neither of us were there on the Wednesday.
Cross-examined Walker. I expected the boys (back ?) with the message (as ?) (?) I do not know where Mrs Lang 6 … The boys did not ask for money. 27
17a
Johnston (John) (?) The Queen 28
William Harding examined Walker. I am Flagman at Hunter Street. I have seen a good deal of Dolan, see him from day to day. He has not been a well behaved boy. I have nothing to say against Walsh.
Cross-examined Wade. They threw orange peel at me.
James Fogg examined Walker. I am a newsagent & stationer corner of Hunter & Elizabeth Streets. I know the boy Dolan. His character is as bad as it can be. I (employed ?) him once & sacked him a year ago. Walsh works for me and he is honest. He is wild but honest. I saw nothing more. Constable Ross
18a
came to see me this week. He asked me was I going to give evidence & I said yes. I told him what I would give. He said the judge would not admit the evidence. Walsh has been with me about a year. Ross did not say that it would be the worse for me if I gave evidence.
John Colley examined Walker. I am (managing criminal law clerk ? passim) for Messrs. Dean & Dean. I have known Neiland for 6 or 7 years. I know him officially. I was managing clerk for Williamson & Williamson. I recommended him to the firm. He worked under me for 5 years. I was never more surprised in my life when I heard the charge. Not given to lascivious habits. Never more surprised in my life.
19a
Knowles (Emily) (?) The Queen 29
Cross-examined Wade. I should say he was not (inclined ?) to drink. Men do things when under drink that they do not otherwise do.
Henry Clement Haigh examined Walker. I became acquainted with accused 5 years ago. I was in LA 30 & I recommended him to government work. In my opinion he is utterly incapable of committing the offence charged.
Cross-examined Crown Prosecutor. I have had constantly (?) to transact business with him, socially as well as otherwise. I never knew (behaviour ?) or (expressions ?) the most fastidious could object to.
John Maloney examined Walker. I am a teacher at Public School
20a
School Cleveland Street. Known accused 5 or 6 years. Know him intimately. I would not credit that he could take to immoral practices with boys. I was his bondsman. I have never seen him under the influence of drink. (?) (?) (?)
Deposition of Dolan put in 8th November ’95 Exhibit No. 1.
Deposition of Walsh put in 8th November ’95 Exhibit No. 2.
Defence closed.
Mr Walker addresses the Jury.
Thursday 28th November 1895
Mr Wade replies.
I sum up.
Jury retire at 11.46 am
Jury – I send for them at 5.45. They are not agreed.
Jury return to court at 11.46 pm. They are not agreed.
I swear the foreman – who states they cannot agree. I accordingly discharge them. Prisoner is remanded to his former custody.
~ ~ ~ ~ ~
The Daily Telegraph, Thu 28 Nov 1895 31
CENTRAL CRIMINAL COURT.
(Before the Chief Justice [Darley].)
…
CHARGE OF ASSAULT.
James Neiland was indicted on a charge of assaulting a boy [sic]. A quantity of evidence was taken, and the Court sat till a late hour hearing addresses. The assault was alleged to have been committed on October 29 at Sydney. When the court rose, the case was not concluded.
~ ~ ~ ~ ~
The Sydney Morning Herald, Thu 28 Nov 1895 32
CENTRAL CRIMINAL COURT.
Wednesday
(Before his Honor the Chief Justice [Darley].)
…
ASSAULT.
James Neiland pleaded not guilty to an indictment charging him with having committed a criminal assault, in which a boy named Percy George Dolan was concerned as prosecutor.
The accused was defended by Mr WA Walker (instructed by Mr AG Gibbs).
Some evidence for the defence having been given, counsel for the accused addressed the jury, and his Honor then adjourned the further hearing of the case till this morning.
~ ~ ~ ~ ~
The Daily Telegraph, Fri 29 Nov 1895 33
CENTRAL CRIMINAL COURT.
Thursday, November 28.
(Before the Chief Justice.)
Mr CG Wade prosecuted for the Crown.
A CHARGE OF ASSAULT.
The case of James Neiland, which was part heard on the previous day, was continued. The accused was arraigned on an indictment charging him with having assaulted a newsboy named Walsh. The evidence was heard on Wednesday. His Honor summed up, and the jury retired. They were unable to agree, and the prisoner was remanded to his former custody.
~ ~ ~ ~ ~
The Sydney Morning Herald, Fri 29 Nov 1895 34
CENTRAL CRIMINAL COURT.
Thursday.
(Before his Honor the Chief Justice.)
ASSAULT.
The hearing of the charge against James Nieland [sic] of having committed a serious assault, in which a boy named Percy Dolan was concerned as prosecutor, was resumed. The addresses by counsel and his Honor’s summing-up concluded shortly before midday.
The jury retired a few moments before noon, and as they failed to agree after deliberating till nearly midnight they were discharged, and the accused remanded to his former custody.
~ ~ ~ ~ ~
Justice HE Cohen’s notebook 35 - 36
57
[Sydney – 2nd trial] 28 February 1896
February 28/96 – R v Neiland – Indecent assault October 29 on Percy George Dolan.
Garland for Crown.
Mimna for accused applies for a postponement on the grounds of the absence of a material witness.
Garland opposes. There is no affidavit of the fact.
Percy George Dolan. 37 I am the accused. I know John (H ?) O’Sullivan. He came to me some time about the beginning of this month & informed me of he knew I was person accused at the last trial. He would have come & given some material evidence. There was a matter sworn at that trial by Dolan and Walsh viz. that I invited them from Hunter Street to the office of QP 38 Maloney solicitor, Hunter Street, to fold bills, & when they got to the office they found I had brought them from immoral purpose. He told me that they had made an admission to him in the presence of another witness that this statement of theirs 2 days after the alleged occurrence told him a different story in the presence of another person. I have subpoenaed that other witness, Michael O’Neill. I have
58
tried to find O’Sullivan but have been unable to do so. I can have him here by Monday morning.
Cross-examined.
Trial postponed. Accused to be prepared to proceed with his case on any day it appears in the paper.
113
[Sydney – 2nd trial] 3 March 1896
3.3.96 R v James Neiland – 39 Indecently assaulting Percy George Dolan on October 29/95.
Plea not guilty.
Wade & Rolin for Crown.
Gannon (JC 40) for accused.
Percy George Dolan. Going on 15 years old. Live with my parents at Yeends Place off Liverpool Street. I know Walsh – boy – newspaper seller. I do am so too. We sell at corner of Hunter & Elizabeth Streets in evening from 2 o’clock. I know accused. On October 29 I spoke to him about 7 in evening at corner of Hunter & Elizabeth Streets. He started talking to some of the boys. He asked me did I want a job? One of the boys asked him did he want a paper. He said no that is the my boy, pointing to Harry Nelson, & then he asked me did I want a job? I said I couldn’t go then but I could go in about a ¼ hour. He had told me the job was to fold some bills up at his office. He said all right. I told him I had some papers to sell before I could go. He went away & came back in ¼ hour & asked me would I go up then? I said all right. I went up & told another
114
boy Norman Walsh to follow me up. He is a mate of mine. Neiland walked on in front. I followed Neiland & Walsh followed me. Neiland had told me where his office was. I didn’t know before. When we went up to Phillip Street Walsh got up to me we w – that was a little bit round corner. We walked together till he we got to office. Neiland said I’ll give you the office 41 when to come in, he then being in the street. He went in, lit the gas, came out, and said to me I can’t let 2 boys in. I can only let 1 boy in. I said I wouldn’t go in unless I had the other boy in with me. He said he wouldn’t let the other boy in. I walked away. He called me back, the other boy with me & we both returned the Neiland then told us not to make a noise and to walk on our tiptoes coming in. When we got inside, into the office Walsh sat down on a chair & asked Neiland for the bills. Neiland was there. H Walsh was carrying 3 papers of mine. I had 4 of mine. Walsh put the 3 on a desk in the office. Neiland went up to Walsh & kissed him on the neck & then put his hand on Walsh’s privates & Walsh got up & made a run for the door. Neiland then came up to me & kissed me. Walsh
115
was one side of desk & I the other. Walsh was at office door in the passage when Neiland kissed me. When Walsh ran out Neiland said Oh! It’s all right, not to be frightened & then Neiland came to me – kissed me & put his hand in my fly, & touched my privates & said I had the little one and Walsh had the big one. He tried to undo my braces at the back. I w tried to pull away from him. Walsh said he would sing out if he didn’t let me go. Then Neiland let me go. I ran picked up my 4 – papers & ran to the door. I had put the papers on my knee & when he came up to me I put them on the table. The fly of my trousers was shut – buttoned. As soon as he came over to me I jumped up. He put his two fingers inside my fly – not his whole hand – & to do this he didn’t unbutton the fly – & with the other hand he tried to undo my braces. I had a cot coat & vest on. Walsh & I then opened the front door & went into Phillip Street. We stayed on the same side of the street on the verandah. Neiland came out in a couple
116
of minutes, followed us out & said not to say anything & he would give us 3d. We saw a policeman coming along & so I said I would go and tell the policeman & Neiland said not to tell – to come back afterwards & he would give us some more money if we didn’t tell. He had given us me 3d. when he told us not to tell on him. I then gave him back the 3d. & said I would tell. We didn’t like to tell the policeman because he I thought he wouldn’t listen to us – I didn’t know him. Neiland went inside & got his hat – closed the door as soon as he got inside – stayed inside for a while. I then started ringing the bell to get my 3 papers. Neiland came out & said if we didn’t clear out he would give us in charge. I asked Neiland for the papers. He took no notice – & went inside again. Walsh then rang the bell & we ran the other side of the road. Neiland then came out with a cane in his hand & walked towards us. We thought he was going to hit us & we turned & ran away. He chased us. I ran into O’Neill’s grocers shop, near corner of Hunter Street. He hit at me as I ran into the shop with stick. As we were running he said he would kill us. I ran through O’Neill’s yard, Walsh ran into the public house.
117
Walsh then came into the yard. We went through the st public house into Hunter Street & into the fruit shop – just above Phillip Street. We saw Neiland after we came out of the fruit shop – he was walking down Hunter Street slowly, looking about. We ran out of fruit shop into a lane on the opposite side. We met 3 men there and told them something. We came down lane & said something to Mick O’Neill. Walsh then went to corner of Hunter & Elizabeth Streets. I waited talking to Mick O’Neill. I then went down to corner & saw Walsh. We went to King Street & saw policeman named Allen, & told him something. I, Walsh & Ross & Allen went back to the office in Phillip Street. Ross pulled the bell, a lady came up from down below and opened the door. The 2 policemen went outside inside. I & Walsh remained outside – told to do so by policemen. They went into the office where I had been. They called Walsh one of us in – Walsh went in. I remained outside – till they came out. (Sergeant ?) brought out 3 last Stars – Walsh had had of mine. 3 last Stars. We went round to one of the
118
stations with police officers & laid information.
Cross-examined Gannon. I have been newspaper boy about 18 months in Sydney, before then in Melbourne selling papers about 1 year. I sell papers at night – & so did Walsh. I remained till 8 o’clock but lately later as I have had a larger number of papers to sell. I have stayed out as late as 10 o’clock. I don’t stay out later unless I go to the play – it is out about ½ 10 or 11. Some boys are good at taking tickets out of gents’ pockets. They hold the paper in front of gent. Explains how the boys get pins from gents’ scarfs – some of the King Street boys do this, not the Hunter Street boys. The King Street boys don’t sell at Hunter Street now. I haven’t many friends at King Street – I know 2 or 3. I go to the theatre sometimes with Harry Wilson. The Hunter Street boys see drunken men. I have seen the Hunter Street boys take down a drunken man. I never took part in it – or told any other boy to do so. 42 I was some time ago summonsed once for calling a man in the street names. My mother paid the fine. I didn’t go into the Court. Since I gave evidence in this case before I have been fined for hitting a man. I paid fine without going into Court – It wasn’t a drunken man. I had a row once
119
with Walsh – he stabbed me. I didn’t stab him – I didn’t prosecute him. Sometimes we have rows – as a rule we are very good friends. Some of the newspaper boys swear a good deal – Hunter Street boys do. I know a good deal about sporting & gambling. I never make any wagers. I never play pitch & toss – seen my companions do so at Hunter Street. I know a good many slang expressions – “Cop out” means getting into trouble – Bloke means “Man” – I never say “you b----y nice bloke you’ll cop out”. I didn’t say it this night – nor did Walsh that I know of. I can run a bit. Neiland 43 can run well too I haven’t dodged Neiland was as sober as he is now. The office I went to was that of “Maloney” the solicitor. I was in front room on Phillip Street & there are 2 windows. They had shutters to them. I don’t remember the direction he came from that night. There are some cigarette shops there. I asked Neiland to buy a paper. I can’t remember that Walsh did. I think 2 or 3 boys round him. I didn’t follow him up to his office & press him to buy paper. Harry Wilson was pressing him to buy – I only asked him
120
once or twice. Neiland did not tell us “to go to the devil”. He never spoke about a letter & didn’t say if one of you will take letter to O’Neill I’ll give you (9d. ?). The 1st door to the right of passage is the office door. Near the door some pigeon holes on table between the 2 windows. I didn’t notice any pigeon holes on the wall opposite door. I did not struggle much to get away from Neiland. Walsh I think struggled – but not certain. A bit of a noise between the 3 of us. Neiland did not sit down at table to write. He did no writing at all while I was there. I & Walsh was not looking at pigeon holes. Walsh put the 3 papers into pigeon holes. Neiland was in the room then. I don’t know whether Neiland was looking or not. He didn’t say will you go to O’Neill’s with a note. He didn’t speak about a message to O’Neill’s. I & Walsh didn’t go outside across the street & back again while Neiland was there – except when we rang the bell. I know Mrs O’Neill. He didn’t ask us to go over to Mrs O’Neill & tell Maloney if he called that he had been to office & that he would give us 3d. to do it. He didn’t say “You have never been to O’Neill’s you couldn’t have time”. He never spoke about O’Neill’s at all. I did not say you are
121
a b----y fine bloke to send a fellow on a message & then not pay him for it. Walsh may have said you will “cop out”. We didn’t give Neiland any impudence. He didn’t say if we didn’t clear out he would belt us with a stick – he never spoke about belting us. As we were running along he said I’ll kill you. I am not certain how many times I rang the bell. We went back 2 or 3 times & rang the bell & ran across the other side. Neither I nor Walsh said when Neiland came out with a stick “Go & f--- yourself” I think he did say I’ll give you both in charge to this policeman coming down. Th I didn’t say to Neiland don’t give us in charge & we will go away quietly. – I said we would give him in charge. We never swore at him – I can’t remember. If I am annoyed I can swear a little. Neither I nor Walsh said something wrong & thought the policeman heard us. I didn’t (?) ask policeman to buy papers. I demanded asked him for the papers. I said I wanted the papers. He walked inside & took no notice. He was very annoyed. I have heard the expression
122
Oscar Wilde. I & the other boys not in the habit of calling people “Oscar Wildes”. “Joeys” are ones like Oscar Wilde. Once I said to Norman Walsh “they are Joeys”. This is a good while ago. I haven’t known of Joeys very long. I didn’t tell anyone that night I had had a lark with a “Joey”. There is another name for Joeys – I used to work for Fogg. I didn’t tell him that night I & another boy had had a lark with a “puffter”. I haven’t b spoken to him since I got the sack. I don’t remember saying in the Court before “I never use bad language”. Fogg discharged me because he said I was too slow & cheeky – not “slow in handing money in”. It is not true I didn’t account for some of his money. I know an Italian (Ryean ?). I was an annoyance to him. I would never give him cheek unless he touched me. I remember 3 clergymen going there. I didn’t use such disgusting language that they had to leave. We weren’t swearing. We didn’t ridicule them for drinking beer. He didn’t say anything to make them clear – they didn’t hurry. I didn’t in cross-examination in the case deny that Neiland said “Walsh was lar large & I was small”. I don’t remember denying it. I don’t
123
remember saying at the Police Court he kissed me on back of neck. He kissed me under the ear & then put his hand in my fly – his 2 fingers – & then tried to take my braces down. I think he kissed Walsh on the back of the neck.
Re-examined. Fogg is a newspaper man at the Hunter Street corner. After I got the sack he told the other boys I was dishonest but he didn’t tell this to my mother or sisters.
Joseph Norman Walsh. Live now till lately at Churchill, with my parents. I am now with another lady until my parents get another house. I am a newsboy – at Hunter Street – at same stand as Dolan. I have seen Neiland often. On October 29/95 I was at Hunter Street selling papers & saw Neiland there. A little boy asked him if he wanted a paper & he said no. I asked him did he want one. He said no, there is my little boy pointing to Harry Wilson. I went away. Dolan came back in a few minutes & said something to me. We went up to Phillip Street – Neiland was in front of us – Dolan then went – I followed & when we got into Phillip Street I joined
124
Dolan. We went straight up to the office (Maloney’s) & were just going in, that is Dolan & I, Neiland standing in the doorway with door open. Neiland said I didn’t to Dolan I didn’t tell you to fetch him. I don’t want the 2 of you, I only want 1. Dolan said if you don’t let him come in, I won’t come in. He is my “cobber” – (means mate). Neiland said all right come on in. Dolan & I were about to go in when Neiland said don’t come in till I give you the office. We stopped out. I think Neiland went inside then came out & said “All right come on in, walk on tiptoes.” We walked in & went into office, on right hand side, front room. I had never been there before. There was a table in middle of room with chairs round it. There was a desk with pigeon holes against wall in (which ?) door was. Neiland told us to sit down. I sat down at end of table on left hand side as you go in. I had seven papers – Dolan had 4, I had 3, all Dolan’s – Stars – last edition. I put the 3 Stars in one of the desk pigeon holes. Neiland said put your papers down. Neiland was standing at near door. Dolan at other end of table. I was waiting & said where are the bills we have to fold. Neiland said all right I’ll
125
get them in a minute. Neiland came over to me, kissed me on the face, on side of neck. I pulled away. He got hold of my fly & put his finger in & I pulled away from him – he just got his flinger finger in my fly – he touched my private parts. I ran to the office door leading into the hall. I looked round & heard him say to Dolan “you have a little one & he has a big one”. Dolan’s back was turned to me. I think Neiland was feeling Dolan’s privates as he had his hand down about there. I sang out “If you don’t let him go I’ll sing out.” I saw him trying to get Dolan’s trousers down. I ran outside hall door and Dolan came running after me. We ran on to footpath. Neiland came after us. We saw a policeman coming down the road. We both said to Neiland we will lag you. We were going to tell policeman but didn’t. I had seen the policeman before but didn’t know him to speak to. Neiland said don’t tell policeman & I’ll give you 3d. He offered 3d. to Dolan & he said no I don’t want your 3d.
126
As soon as policeman passed Neiland went inside. We then rang the bell 2 or 3 times. The 1st time we rang he came out & said if you don’t go away I’ll give you in charge. After ringing bell a couple times more we ran across the road. Then Neiland came out & chased us with a big stick. Dolan & I ran up the road. Neiland chased us. Dolan ran into O’Neill’s grocers shop & I ran into the hall side door in Phillip Street. I & Dolan met at back gate. We afterwards ran into the greengrocer’s shop in Hunter Street. We didn’t then see Neiland. Grocer Greengrocer put us out. We ran up a lane just opposite & saw 2 or 3 men there & said something to them. I saw Neiland again that night at the Hunter Street tram station. I don’t think he saw me. I saw Neiland get into tram. I don’t know where Dolan went. I went to Fogg’s place & said something to him. After I came out of shop I saw Dolan there & he & I went to King Street & there saw Constable Allen – Dolan I think got to know Allen in hospital. Dolan told Allen something. He went away & came back I think with Ross. The 2 constables, Dolan & I went to Maloney’s office, rang bell – caretaker came up. Constable got her to open door of office & Ross got the 3 Stars I left there.
127
As far as I remember Ross, caretaker & I went into office. I got the Stars & gave them to Ross. I found them where I left them. I then went to Police Station.
Cross-examined. I have been selling newspapers nearly 18 months. Before then I worked at Newman’s (photographers) & the Central Press Agency. I gave evidence before in this Court. I said then I wasn’t really a good boy – I swear a little – I don’t know whether Dolan or I is the best. I have seen name “Oscar Wildes” in the paper – know what it means – also Purf “Poof” – & “Joey”. I have pro felt the outside of Harry William’s trousers for a lark – he used to get wild at it & we did it for fun. We didn’t call him a Joey that I remember. I laid “signed a paper that he tried to put his fingers on me”. The police asked me what happened & I told them. I spoke to Fogg about this. Dolan’s nickname is “Big head”. I don’t remember saying to Fogg I wouldn’t have laid an information against him only for Bighead & Ross. I swear I didn’t say “we were having a lark”. I said to Fogg the same night “we were
128
having a lark with a poof.” I said “I wished I had nothing to do with it.” I don’t swear I didn’t say “that b----- fathead made me do this.” I did say at Police Court “We rang the bell so that we could make him come out & so we could give him in charge” I gave evidence in this Court. I said “We rang the bell to get the 3 Stars & make him wild as much as anything else.” The gas was just glimmering when we got in & then he put up a little. I didn’t read names on the pigeon holes. He Neiland said put your papers down there – & I put them in the pigeon holes. The light showed outside in the hall a little. I don’t remember whether I made any noise or not when I ran to the door. He put his arm round me & kissed me. Neiland was between door & table & Dolan couldn’t get out. I didn’t look to see if any space all round the table. We rang the bell & just stood away to see if he would come out to give him in charge. We didn’t think the policeman in Phillip Street would at listen to us. We were standing in the road a little while when he came out & chased us with a stick. I don’t remember using any bad language. I don’t remember either of us used any bad language.
129
I don’t remember talking about the case with Dolan. I remember him saying do you remember all you said what happened. It was the other day. He asked me once or twice.
Re-examined. He said do you remember all you said, don’t forget. I to It was through Dolan asking me to go to the place I got into the row.
Thomas Ross. Senior Constable No. 1 Station. I have seen accused – Dolan & Walsh. I had not seen the boys to my knowledge prior to night of October 29 last. I was on duty in vicinity of King Street & from something I heard I saw the 2 boys. They appeared very excited & pale. I saw them at 8.30 pm. in King Street. I had a conversation with them & I accompanied them with Allen to office of QP Maloney solicitor Phillip Street. We knocked at the door & Mrs Lang caretaker let us in. We got into Maloney’s office by creeping under a door at the rear of it. I then opened the office [door] leading into the passage & then I allowed the caretaker, 2 boys & Allen to come in. I looked round office, & I said I can’t find the papers. I was looking for 3 papers. I said something to Walsh, he went over to a pigeon hole.
130
I took out 3 of the latest editions of the Star of that date – I now produce them – (evidence put in & marked “A”). I then left with the boys & the constable – took them to the Police Office. I saw Neiland on the 2nd of November (had been looking for him in meantime) at inside door of QP Maloney’s office. I told him I wanted him as I had 2 warrants for him. He said what for. I said “for indecently assaulting 2 boys.” He said yes there were 2 boys here the other night making a row. I then took him to No.1 Police Station – there charged him with “indecently assaulting Dolan a male person & Walsh a male person.” He said who are they. On searching accused I found a key which opens a door of QP Maloney’s office.
Cross-examined. The caretaker told me she lived underneath. She said the boys were ringing the bell. She said she came up to see what was the matter. Neiland was not at Maloney’s from day to day. I didn’t speak to Maloney – there was somebody there when I was there. I have no particular beat. I look after a certain number of men. Allen told me something. They had spoken to him a few minutes before.
131
I think one charge was abandoned up here. The magistrate boxed up the 2 charges together – I believe so – I conducted the case before the magistrate. The charge against 44 Walsh is still in existence as far as I know. I charged Neiland with the 2 charges. I have been 10 or 12 years in force. The magistrate said it was practically one charge (& ?) he committed in Dolan’s case.
Nelly Lang. Married woman. Live at 127 Phillip Street – where Maloney has office. I am caretaker. I remember one night in October about 7 or ¼ past. I let Neiland into the office – through street door. I returned downstairs, & about ¼ to 8 I heard accused go out of office to front door & speak quietly to someone for some time. I heard him then come in, shut door, & go back to office. The street door bell rang 2 or 3 times without stopping immediately after he went in to office. I went upstairs & saw Neiland coming out of office & asked him something. I went back downstairs.
Cross-examined Gannon. Maloney’s office faces street – my apartment downstairs. If any noise in office I could hear it. Neiland looked to me perfectly sober as he always is & is now.
132
Until the bell started ringing I heard nothing but the conversation at door & after that the bell started to ring – it rang 3 or 4 times, pretty violently. I didn’t go up a 2nd time. The bell continued ringing till I got down. When Then he went out afterwards, it seemed as if he left the door ajar, & he came back after a few minutes. He afterwards went away ultimately altogether – Maloney not there that night.
Crown Case closes.
James Neiland. Accused – 30 years old. I am clerk – law. I came to colony January 1886. I then went with a Survey proprietary under government – then with Mr GEH Sanders solicitor for 12 months – then with Goldsborough for a few months – then to (Pyall ?) as temporary clerk for a month – then with WJ Hill 2 months – then to TM Williamson for 5½ years. Then in Government department – there on (?), & then law clerk. I went into Maloney’s employ 2nd week in August & then I left him – went back in October & remained with him till I was arrested. I have good credentials from all these people in my pocket now. I have never had a
133
charge made against me before. I have been was married (in ?) (locality ?) & live with my wife. On night of October 29 I got home about ¼ to 9. On the evening I was with Maloney at Manly. He at times takes a little too much to drink. We went to Manly by 12.30 boat & were to come back by ½ past 5 boat, but while there Maloney got under influence of drink. We came along to harbour beach going in direction of wharf at Brightside (far ?) Street. Maloney going up steps was just falling when I out an arm round him. We got to wharf & sat down. Maloney said something, left me & said he would be back directly. I waited for Maloney & he didn’t turn up & I returned by 6.30 boat to Sydney. I went to office & got there by ¼ past 7. I lit the 2 gas lights, sat down for 5 or 10 minutes, was going to smoke & found I had no tobacco. I went to Hunter Street & bought cigarettes, lit one. I was walking back to office when Dolan came up. I didn’t know him. He asked me to buy last edition of [The] Evening News. I said I didn’t want it. When I got to corner of Liverpool Street Phillip Street
134
he again asked me to buy a paper. I think I told him to go to the devil. I went straight up & into office & after some time I heard footsteps in the hall – the office and street doors were open – I saw Dolan & Walsh stand at office door. Dolan again asked me to buy paper. I said he had no earthly right to come into office. Dolan said he had a very bad day & I might buy one. I said I didn’t want to & he had no right to be there. Walsh then said something & said he was very hard up & I might do something for them. I said I can send you [on] a message. I got a sheet of note paper & said to Dolan do you know Mrs O’Neill – he said yes she is a fat woman. I wrote letter to Mrs O’Neill & the boys walked to front of table – between table & pigeon holes not quite 2 yards. Sitting at table you face towards King Street & the office door. Witness looks at plan & says it accurately represents windows & doors On October 29 – it shows the position of tables & pigeon holes on October 29. When I was writing they stood with their backs to table & moved towards the pigeon holes, and on the side of the pigeon holes are the names
135
of (country ?) attorneys for whom he is agent. They commenced to read the names. Walsh more towards the door & Dolan in front of me. When I had written letter I changed my mind about sending it. The boys had then turned round towards table. I tore up the letter & put it in the waste paper basket. The letter contained a message about Maloney, who is in the habit of going to O’Neill’s. I told the boys to tell Mrs O’Neill to tell Maloney that Neiland was at the office & would wait till 8 o’clock. They left the office together – & in a couple of minutes I walked out on to the street verandah. When I got there the 2 boys ran straight across the road to the office, as if they had only gone across the road. I asked them had they been with the message. They Dolan said yes. I told them said I don’t think you are telling the truth. He said yes Mister we have truly – or to that effect. I said I would attend to my own business & they had better clear from the office. I don’t think they could have gone to O’Neill’s in the time. Prior to their going on the message nothing had
136
been said about paying. Dolan then asked me to give them something for going on the message. I said I would do nothing of the kind & told them to clear away. He said you are a nice bloke to send a fellow on a message & not pay. Walsh then said you ought to pay us something for going. I told them again to go away & Dolan then said I could go up myself. Just when he said this a policeman was near. I [thought] that he had heard what Dolan said. I then told them I would give them in charge of constable for using obscene language. He said “don’t Mister, wait till the Cop goes by & we will go away quietly.” When the policeman was passing by – & presumably so that the constable heard him – he pulled one of the papers from under his arm & offered it to me to buy. The policeman went by. There is a gas lamp just outside the rooms. When they got there Dolan said you will cop out for this. 45 Walsh said we will put you somewhere where you won’t get out in a hurry. (I don’t know who the policeman is) I went in, closed hall door. I was hardly in office away went the bell, pulling it. I came out & saw the boys running away
137
laughing towards the telegraph post opposite. I went in again. They came back & pulled bell. I ran out quickly this time but they were too quick for me. Then Mrs. Lang came to top of stairs & asked me what was the matter. I told her 2 newsboys pulling the bell. I went back into office. The 3rd time I heard them coming up the steps of verandah – put on my hat, took the cane now in court – turned off one of the gas jets, & just when they started to ring the bell I turned out the 2nd jet, went & burst door which I closed after me & chased the boys to O’Neill’s grocer shop. When I got to shop Dolan was standing on the steps with papers under his arm. Michael O’Neill at end of shop counter. The boys escaped. I didn’t return to office that night – I went to O’Neill’s hotel to see if Molony there. He was not there. I then went to Hunter Street tram station & waited for Redfern tram & went home. I did not invite the boys up there. I never attempted to assault them.
138
I never kissed them. I did not offer them 3d. I didn’t interfere with the papers in the pigeon hole. I didn’t know they were there. I didn’t tell them to put them there. I never heard they had been found there until at the Police Court. I did not make any comparison between their persons. I didn’t say to them I would give them the office when to come in. I didn’t tell them to come in on tiptoe. The front & office doors open while the boys there. I didn’t say only one must come in, I can’t have two.
Cross-examined Rolin. I am an Irishman. I was not regularly in Molony’s employ. I should say Molony’s office 100 yards from Hunter Street. I had to enter up in Molony’s off diary some things for that day. I did part of it when I first went into office & before I went for cigarettes & the other entries when I came back. I was back about 10 minutes when the boys appeared. When they came in I was sitting at table smoking cigarette – I think just about finishing the entries. I was waiting for Molony – he had spoken during the day about drafting an affidavit. I waited for him
139
about appointment. The appointment was that we were to come back by ½ past 5 boat – he wanted me to do this afterwards. The arrangement was we were to come back to the office. I had a few drinks that day – I hadn’t had any tea at that time – I walked to hotel to see if Maloney was there & he wasn’t. I didn’t go over there, instead of asking boys to go, because young fellows go there & I thought if I went over I might be induced to take more & I didn’t want any more. I would have given the boys something if they had gone the message. 46 I thought at first that the boys were only it was only boys talk. I believe Constable Ross was (behind ?) it. I didn’t know Ross at that time. I knew what it all meant on November 2. It has been a mystery to me from start to finish. It is untrue that I asked them to come & fold bills – The boys never mentioned a word about the papers – they didn’t ask for them when they rang the bell. 47
140
James Fogg. Newsagent, 2 Elizabeth Street. I know Walsh & Dolan – Walsh in my employ – Dolan not – Walsh sells papers for me. I never spoke to Walsh about the case except when he 1st told me of it. – it was an evening. He had gone out on errand, was away long time. When he came back I said where have you been? He commenced to (leap ?), bending double, laughing, till I stopped him, & then he said “We have been having a lark with a b----y poof.” I said what do you mean. He then said a man asked them Bighead to go & do something for him & I went with him. 48 Bighead said perhaps we will get a bob – but we had a lark with him & he chased us up the street with a stick. I rang the bell & Bighead shouted in the door. He told me a lot else which I didn’t notice. The next morning he said that Bighead had told a policeman, & he (Walsh) seemed much annoyed about it. He used to speak about it after & say that Bighead wanted to curry favour with the traps. Neiland came to the shop a month after & asked me something.
Cross-examined Rolin. He didn’t told me Bighead was in the
141
house shouting. I think he said Bighead said it was more to book – I can’t say whether it was to fold bills. It was a thorough disgrace at that time the way the boys went on with each other.
David Guildford Bell. I am employed by PJSS Co. 49 – ticket collector – issue & receive. I don’t know Maloney. I saw accused on October 29 with a gentleman – going through to Manly about ½ past 12. I remember the 6.30 boat from Manly. He came back by that boat. He had 2 tickets. He said take these 2 tickets, I have missed Maloney in Manly &c. I think accused was perfectly sober.
Dolan re-called to Gannon. I was talking to Mick O’Neill one night after October 29 in grocers shop. I don’t remember O’Sullivan being there. I never saw O’Sullivan before that I can remember (O’Sullivan is called into Court). I didn’t say to Mick O’Neill or to anybody in O’Neill’s shop “That I went to Maloney’s office to sell newspapers, I wasn’t wanted
142
there and hadn’t to fold bills at all” – nothing like it.
To Rolin. O’Sullivan was not a witness at the last trial. Mick O’Neill asked me about it. I told him as I told today – a couple of nights after October 29 – in his shop.
John O’Sullivan. Insurance Agent, travelling for Mutual Life of Australasia. I was once in police force, hold a 1st class discharge. My duties take me out of town. I have known accused for some years, but didn’t know till some months ago that he was implicated in this case. I heard Doolan (sic) in front of O’Neill’s hotel, O’Neill Senior being there, say O’Neill asked Dolan how it happened. I heard Dolan say I went in to sell the paper. We went in with the paper & he started pulling me about & wanted to pull my pants down.
Defence closes.
Thomas Edward Murphy. Solicitor of Supreme Court. I have known accused about 10 years. He has been (fairly ?) under my observation. He was a good deal in court with me for the
143
5 years he was with Williamson. I always regarded him as a man of good character.
Cross-examined. My knowledge of him was purely a business one.
Mark Williamson. Solicitor of Supreme Court – was of Williamson & Williamson. Neiland was clerk to firm – under my immediate supervision for about 4 years & since then he has been under my observation. I always found him correct & never heard a word against him, either as a clerk or as a man. I knew him outside the office. I had his private life brought under my notice by D O’Hara Father John Byrne, who recommended him to me. He was honest, sober, regular & clients spoke well of him.
John Collett. Law Clerk. I have known accused 7 or 8 years, have been in same office with him 5 or 6 years. Very hard-working. He sat at next table to me in office. I consider him a man
144
utterly incapable of the offence with which he is charged. He has had a hard struggle to live & in my opinion has endeavoured to do it in an honest, hard-working manner.
Gannon addresses Jury 4.20 to 4.25
Rolin “ “ 4.45 to 5.20
I sum up 5.20 to 6.16
Jury retire at 6.16
“ return at 6.27
Verdict – Not Guilty.
~ ~ ~ ~ ~
The Daily Telegraph, Wed 4 Mar 1896 50
CENTRAL CRIMINAL COURT.
Tuesday, March 3.
(Before Mr Acting Justice Cohen.)
Mr Rolin prosecuted for the Crown.
CHARGE OF ASSAULT.
James Neiland was arraigned on an indictment charging him with having assaulted a boy named PG Dolan. The case was previously before the Court, and the jury returned a verdict of not guilty, and the prisoner was discharged.
~ ~ ~ ~ ~
The Sydney Morning Herald, Wed 4 Mar 1896 51
CENTRAL CRIMINAL COURT.
Tuesday.
(Before his Honor Mr Acting Justice Cohen and a jury of 12.)
Mr Rolin appeared for the Crown.
ALLEGED ASSAULT.
James Nieland [sic] was charged with having assaulted Percy George Dolan, a boy. Accused pleaded not guilty, and was defended by Mr L Gannon (instructed by Messrs Mimna and Dillon).
Accused was found not guilty, and was discharged.
1 Sunday Times, (Sydney, NSW), Sun 3 Nov 1895, p. 5.
2 Evening News, (Sydney, NSW), Fri 8 Nov 1895, pp. 5, 6.
3 The Daily Telegraph, Sat 9 Nov 1895, p. 10.
4 The Sydney Morning Herald, Sat 9 Nov 1895, p. 7.
5 SRNSW: NRS880, [9/6890], Supreme Court, Papers and depositions, Sydney, Nov 1895, No. 306. Emphasis added.
6 Mn: Put in and marked B
7 SRNSW: NRS5820, [2/2883], Judiciary, FM Darley, CJ. Notebooks Criminal Causes, 1888-1900, pp. 149-171, 1a-21a. Emphasis added.
8 Mn: I saw him at 7.15
9 Meaning, give me the word – passim.
10 Probably means him.
11 Probably means O’Neill’s.
12 Mn: 161
13 Mn: I saw them at 8.30 at night
14 Mn: Go to page 1a
15 Sentence repeated in margin.
16 Most likely reference to a completely different document.
17 Mn: Messages
18 Most likely reference to a completely different document.
19 Sentence repeated in margin.
20 Sentence repeated in margin.
21 Sentence repeated in margin.
22 Sentence repeated in margin.
23 Sentence repeated in margin.
24 Most likely reference to a completely different document.
25 Most likely reference to a completely different document.
26 Sentence unfinished.
27 Sentence repeated in margin.
28 Most likely reference to a completely different document.
29 Most likely reference to a completely different document.
30 Law Association ?
31 The Daily Telegraph, Thu 28 Nov 1895, p. 3.
32 The Sydney Morning Herald, Thu 28 Nov 1895, p. 6.
33 The Daily Telegraph, Fri 29 Nov 1895, p. 2.
34 The Sydney Morning Herald, Fri 29 Nov 1895, p. 2.
35 SRNSW: NRS5784, [2/2647], Judiciary, HE Cohen, J. Notebooks Criminal Causes (Darlinghurst), 1895-1910, vol. 6, pp. 57-8, 113-144. Emphasis added.
36 Mr Justice Henry Emanuel Cohen (1840-1912), judge, was born on 1 Dec 1840 at Port Macquarie, NSW, son of Abraham and Sophia Cohen. He went to various schools in Goulburn and Sydney and at 16 became a clerk of David Cohen & Co. at West Maitland, where he remained for eight years. After an unsuccessful venture with his brother George, in the form of a store named Cohen & Co which closed in Jun 1867 Henry left for London. There he studied at the Middle Temple and was called to the Bar in Jun 1871. He returned at once to Sydney and was called to the NSW Bar at the end of 1871. His commercial experience enabled him to establish himself as a barrister occupied mainly with mercantile cases. In May 1881 Cohen was appointed acting judge of the District Court allotted to the Metropolitan and Hunter District. Finding the District Court jurisdiction too limited, he resigned in Apr 1882. On 19 Jul 1895 Cohen was appointed acting judge of the NSW Supreme Court, and the following year was offered a permanent position on the bench, which he accepted. On 1 Apr 1902 he became the first president of the Arbitration Court and remained its president until 3 Jul 1905. These three years were the most important of his life. Cohen was upright and dignified, liked good company, and was known as a swimmer, cricketer and energetic walker. As a judge he was said to be fairness personified, with his impartiality never in doubt. Without being brilliant he work industriously and conscientiously on the bench. After being the Arbitration Court president he returned to the Supreme court bench. He died after a heart attack on 5 Jan 1912 on his return journey from a long awaited holiday in England on board Frederic the Great and was buried in Sydney on 9 Jan 1912. ADB, 1851-1890, vol. 3, p. 437-8.
37 Not the evidence of Dolan. Possibly means In the case of Percy George Dolan.
38 PP in notes of 1st trial.
39 Mn: Ch A Act sec. 60 5 years penal servitude
40 Junior Counsel?
41 Means give you the word.
42 Mn: Previous conduct
43 Probably mean Walsh.
44 Means concerning.
45 Mn: See 139
46 Mn: See 136
47 Mn: to Juryman
48 Mn: may this mean message to O’Neill
49 Port Jackson Steam Ship Company.
50 The Daily Telegraph, Wed 4 Mar 1896, p. 3.
51 The Sydney Morning Herald, Wed 4 Mar 1896, p. 7.