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1890, Alfred Ferris - Unfit For Publication
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Nautical School Ship Vernon, Entrance Book, Alfred Ferris, 1886-1889 1

Name: Alfred Ferris alias Frazer

Warrant.

Habitually wandering about the streets in no ostensible lawful occupation

Boy’s statement

Bench and date of committal

Newtown 25th May 1888

 

Name, date, and place of birth, and religion

Alfred Ferris, Parramatta, Protestant

 

Nature of evidence as to foregoing

Stepfather Daniel Frazer

 

Education. School attended

Fair Public School, Tempe

Boy’s appearance on arrival

Character. State if previously before a Bench of Magistrates. How many times. Nature of offences. How dealt with. Police report as to antecedents, companions, &c.

He is not of a vicious character gone astray through bad companions has never been before a Bench of Magistrates before his companions are of the larrikin class.

 

State if he has been an inmate of any orphanage, asylum, reformatory, or any institution, or in any way under State control

No

Education

Handwriting on Arrival: Alfred Ferris

Do. on Departure: Alfred Ferris

Circumstances leading to child being sent to Industrial School

Playing the truant from school and sleeping out at night.

Left Ship

Apprenticed to

Parents’ names in full, occupation, earnings. Number of children. Have any been inmates of any institution.

Father is dead a stepfather named Daniel L Frazer. Mother named Agnes Mary Frazer two boys two girls living. No (?) earns 34/- a week as lamplighter

Term

 

Profession

 

Full particulars as to parents’ general character as known to police. Police to state if boy has been arrested on present occasion by parents’ desire or independently

Nothing known as to parents character. Arrested by desire of stepfather.

Wages (banked)

 

Do. (pocket-money)

Précis of evidence, dwelling more particularly upon any important features in connection with the case

Being a child under the age of sixteen years who is getting beyond parents control through bad companions. He is not of a vicious character but is a little wild and it is through his companions the present trouble has come on him Parents to contribute 2s. 6d. per week towards support of the child.

After Career

 

 

State of health

Very good

Name Committing Magistrate

C (Darling ?) SM

~ ~ ~ ~ ~


The Yass Courier, Fri 14 Feb 1890 2

LOCAL & GENERAL NEWS.
————
YASS COURT OF PETTY SESSIONS.

THURSDAY, FEB. 13.
Before Colonel [Henry John] Chisholm, PM.

    INDECENT ASSAULT.– Alfred Ferris, a boy about fourteen years of age, was charged with this offence on another boy about four years of age.
    Inspector Brennan stated the circumstances of the case.
    After hearing the evidence the prisoner was committed to take his trial at the Yass Assizes on the 17th April.

~ ~ ~ ~ ~

Depositions for Alfred Ferris 17 Apr 1890 Yass trial 3

[Received at] Attorney General’s Department, 18.2.90 No. 25

(M., 11 and 12 Vict., Cap. 42.)

Depositions of Witnesses.

New South Wales, Yass
TO WIT.                              }

The examination of Thomas Martyn of Yass in the Colony of New South Wales, David James Winpenny Lynch of Yass and David Henry Martin Lynch of Yass, in the said Colony, taken on Thursday, this 13th day of February in the year of Our Lord one thousand eight hundred and eighty nine at Yass in the Colony aforesaid, before the undersigned, one of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of Alfred Ferris who is charged this day before me, for that he the said Alfred Ferris, on the 12th day of February 1890 at North Yass in the said Colony, indecently assault one David Henry Martin Lynch a male person.
[Signed] HJ Chisholm, PM

1

The Court House Yass
13th February 1890

Alfred Ferris indecent assault on a male person.

    Martha Lynch on oath saith:– I am the wife of David Lynch, North Yass. I know the prisoner, he is in my husbands’s employ. He came from the Vernon. He is apprenticed to my husband. He is about 14 years old, I had occasion to look for him yesterday. He was a long while over some work. This was a little after ten

2

o’clock. I called him half a dozen times. He did not answer. He was supposed to be mending the garden fence but he was not there. I saw him shortly after in the back store room next to his bedroom. I said to him “How dare you take my child to your room?” My son was at this time on the front verandah where I had sent him intending to punish him for being away.

    I asked

3

my son something and he made a statement to m. I repeated that to my husband when he came home. My son’s name is David Henry Martin Lynch and he’s 4 years old.

    To Bench: I did not have any further conversation with the boy at the time.

[Signed] Martha Lynch.

Taken and sworn at Yass this 13th day of February 1890 before me.
[Signed] HJ Chisholm, PM.

4

    David James Winpenny Lynch on oath saith:– I am in the employ of Mr Geo Yass. I know this boy. He is apprenticed to me from the Vernon. His name is Alfred Ferris. He was apprenticed to me on the 21st September 1889. I have the indenture here. 4 I went home about half past one yesterday. My wife made a statement to me when I got home. After that I spoke to my son and I examined my son. He had a slight

5

bruise on the inside of his thigh and one on his hip. I then questioned him and then referred for Brennen, Inspector of Police. Ferris is about 14 years old. About 14 or 15. My son was 4 on the 8th of last November.

[Signed] David J Lynch.

Taken and sworn at Yass this 13the day of February 1890 before me.
[Signed] HJ Chisholm, PM.

6

    Harry David Henry Martin Lynch states:– I know this boy Alfred Ferris. He has been at our place. He was at our place yesterday. He took me into his room, his bedroom. He put his teat in my bed. He took my trousers down. I lay on the bed on my stomach. My trousers were down then. He lay down on my back. I felt his teat in my bottom. I felt stuff coming out. He had done it about forty times. Every day he goes into my his room.

7

He takes me. He used to hurt me a little, once he hurt me very much. He did not say anything when he used to do it.

[Signed] David Henry Martin (his X mark) Lynch.

Witness G[lentworth] Addison, CPS.

Taken and sworn at Yass this 13th day of February 1890 before me.
[Signed] HJ Chisholm, PM.

8

    Thomas Martyn on oath saith:– I am a Constable of Police stationed at Yass. I arrested this boy yesterday at Mr Lynch’s. I said “I arrest you on a charge of indecently assaulting a boy named Henry Lynch. He said “He asked me to do what I did on Sunday.” I said “ Where did you learn this game?” He said “I learned it in Sydney before I went on the Vernon.” I then confined him at the lock up.

[Signed] Thomas Martyn, Constable.

Taken and sworn at Yass this 13th day of February 1890 before me.
[Signed] HJ Chisholm, PM.

9

    Alfred Ferris stands committed to take his trial at the Circuit Court to be holden at Yass on Thursday the 17th day of April 1890 for the offence with which he stands charged.

[Signed] HJ Chisholm, PM.

~ ~ ~ ~ ~

(N., 11 & 12 Vic., Cap. 42.)

Statement of the Accused.

New South Wales, Yass
TO WIT.                              }

Alfred Ferris stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 13th day of February in the year of Our Lord one thousand eight hundred and ninety for that he, the said Alfred Ferris on the 12th day of February 1890 at North Yass, in the said Colony, indecently did assault one David Henry Martin Lynch 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 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 may 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 Alfred Ferris, and the witnesses for the prosecution Thomas Martyn, Martha Lynch, David James Winpenny Lynch, David Henry Martin Lynch being severally examined in his presence, the said Alfred Ferris 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 Alfred Ferris saith as follows:– “(Statement amended)”

Taken before me, at Yass, in the said Colony, the day and year first above mentioned.
[Signed] HJ Chisholm, PM.

    Alfred Ferris states. He asked me was I going round to my room. He whispered to me. He said come and teat one another. I said “It’s too dirty, it’s Sunday.”

[Signed] Alfred Ferris.

Stated before me at Yass this 13th day of February 1890.
[Signed] HJ Chisholm, PM.

~ ~ ~ ~ ~

(O. 1, 11 & 12 Vic., Cap. 42.)

Recognizance to give Evidence.

New South Wales, Yass
TO WIT.                              }

Be it remembered, that on the 13th day of February in the year of Our Lord one thousand eight hundred and ninety Thomas Martyn a Constable of the Police Force, Yass Martha Lynch of Yass in the Colony of New South Wales, David James Winpenny Lynch of Yass in the said Colony, and David Henry Martin Lynch of Yass (residing with his parents) in the said Colony, 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 POUNDS 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.

Taken and acknowledged, the day and year first abovementioned, at Yass in the said Colony, before me.
[Signed] HJ Chisholm, PM.

The condition of the within written Recognizance is such, that whereas Alfred Ferris was this day charge before HJ Chisholm esquire, one of Her Majesty’s Justices of the Peace for the said Colony, with indecently assaulting one David Henry Martin Lynch a male person on the 12th of February 1890.
If therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Yass in and for the Colony of New South Wales, on the 17th day of April next, at nine of the clock in the forenoon, a nd then and there give such evidence as they know, upon an information to be then and there preferred against the said Alfred Ferris for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Alfred Ferris. Then the said Recognizance to be void, or else to stand in full force and virtue.

[Signed] Thomas Martyn, David J Lynch, Martha Lynch.
[Signed] HJ Chisholm, PM.

1

Court House Yass
17th February 1890

WS Stephen, Secretary to Attorney General, Sydney

Sir
    I have the honor to forward the Depositions in the case noted in the 5 margin.
    I may mention the prisoner Alfred Ferris was an apprentice from the NSS “Vernon” – the young boy Lynch on whom the assault was committed, gave

2

his evidence in a most clear manner and although so young appears to be a very intelligent boy.

    I have the honor to be
Sir
    Your obedient Servant.
[Signed] H[enry] J[ohn] Chisholm, PM.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Circuit Court,
Yass
April 17th, 1890
AG’s No. 25
Depositions.
CS’s No. 1
Regina
v.
Alfred Ferris
Sodomy
See within [initialled] G[eorge] B[owen] S[impson] AG 18/2/90
Committed at: Yass
on: 13th February 1890

~ ~ ~ ~ ~

1. Buggery
2. Indecent assault upon a male person

[signed] GB Simpson, AG 18/2/90

~ ~ ~ ~ ~

Justice MH Stephen’s notebook  6

22

Yass, Thursday 17 April 1890
Alfred Ferris (Vernon boy about 14)
1.  Sod B-----y
2.  Indecent assault on male.
Plea not guilty

    Martha Lynch. – Wife of David Lynch – I know the prisoner. He was in my service – apprentice – I remember the 12th February last. I was going to punish my son David H Martin – I (employed ?) the prisoner – he was supposed to have been mending a fence. I called him several times. I did not find him – till some time after in a room next to the kitchen – prisoner’s room was next to that. I said how

23

dare you bring my child round to your room – He cried – I saw my boy after that – he made a statement which I repeated to my husband. 7

    Edward 8 JW Lynch. Employ of Yeo 9 – I know the prisoner – He is an apprentice – his age is between 14 & 15 … I believe – I only know from his indentures … I remember 12 February last. I heard something from my wife between 1 & 2 – I examined my boy – I found a bruise on the outside of the thigh & one inside – I gave information to the Police – my son is 4 years & 3 months.

    David Henry Martin Lynch10 I know the prisoner. I remember something happening some time ago at my place – I went into the his room (the prisoner’s). He tickled me diddled me. He did not (do ?) (?) anything.

24

He buttoned me up … Ferris unbuttoned my braces. I laid down on his bed. He told me to do it … I laid down on my side … He undone my braces … he laid down on me – he tickled me with his titty … he put his titty in my bottom … I felt his titty – he hurt me a little bit – he said hush because I was making a noise – I think it was before dinner … a little while ago.

    Thomas Martin11 Stationed at Yass. I know prisoner. I remember 12 February (at Lynch’s) I arrested prisoner. I asked him what little game this was that he had been up to – He said He asked me to do what I did to him … I then charged him with indecently assaulting DH Lynch.

25

    Prisoner said again He asked me to do what I did to him – I asked him where he learnt that little game – (this was before the arrest) he replied in Sydney … I asked him when & he said before I went on the Vernon.
Defence.

    Peter Phillips. I know the prisoner… I saw prisoner the mending a fence about the day that he was arrested for Mr Lynch … about 11 o’clock – I saw him about 5 minutes.

     Cross-examined. I was on duty.

Verdict
1st count – not guilty
2nd count – guilty

2 years hard labour Goulburn Gaol, to be released after 20 months.

2 floggings  15 lashes  this day  4 weeks
                 15 lashes     “   “     9 months     } 17.4.90

Reported on as to 1st flogging 12.5.90 flogging remitted 2.6.90
Reported on 4.8.90 No remission 18.8.90 (WH ?)

~ ~ ~ ~ ~

The Yass Courier, Fri 18 Apr 1890 12

LOCAL & GENERAL NEWS.
————
YASS ASSIZES.
————
THURSDAY, APRIL 17.
(Before His Honor Judge Stephen.)

    Mr WH Manning, assisted by Mr G Addison, prosecuted for the Crown. The other legal gentlemen in attendance were Messrs Wilkinson, Iceton, and Brennan solicitors, Yass.
    Mr Wilfred Edgar was clerk of arraigns, and Mr T Coils MP represented the sheriff.

UNNATURAL OFFENCE.

    Alfred Ferris (a youth 14 years of age) was placed in the dock to answer the charge of having at North Yass, on the 12th February last, committed an unnatural offence. There was a second count of indecent assault.

    The prisoner pleaded not guilty, and was undefended.

    At the close of the case for the prosecution the prisoner called:–

    Peter Phillips, who in answer to His Honor, deposed, I know the prisoner; I remember meeting him one morning about the date he was arrested, at about 11 o’clock, in Mount-street, North Yass; he was mending a fence; he was in my view for about five minutes.

    To the Crown Prosecutor: I think it was raining that morning; the only way I can fix the time is, that I was talking to the boy that morning, and the next day I heard he was arrested.

    The jury retired, and after an absence of 20 minutes returned into court with a verdict of guilty of the second count.

    In answer to the usual question, prisoner said he was not guilty.

    His Honor said there was no one in court who heard the case believed the prisoner. He (his Honor) regretted that the crime was on the increase. It was only lately that he tried three such cases in Sydney, and it was only last week he tried a similar case at Young. He did not know when the prisoner learnt the offence, as he said himself he learnt it before he went to the Vernon.

    Prisoner: I have seen it done on board the ship.

    His Honor: Perhaps you have. It may be that the conduct of boys there is not always watched; but it was known that boys who have been on that ship are too fond of telling lies about the ship. It was only a pity that he could not order the prisoner to be flogged in the presence of all the boys who are given to such habits. He (his Honor) could sentence the prisoner to five years’ penal servitude but he would not give him that sentence. The sentence of the court was that prisoner be sentenced to two years hard labour in Goulburn Gaol and to receive on that day month 15 strokes of the lash, and in eight months afterwards 15 more strokes. He could have passed a heavier sentence on the prisoner and have ordered him to receive 25 strokes each flogging.

    The usual gaol delivery then took place, and the court adjourned sine die.

~ ~ ~ ~ ~

Alfred Ferris, Gaol photo sheet 13

SRNSW: NRS2232, [3/5969a], Goulburn Gaol photographic description book, Dec 1884-May 1880, No. 714, p. 280, R5119.


Gaol Photo Sheet - 
Transcribed Details

No. 714
Goulburn

Date when Portrait was taken: 20th May 1890

Name: Alfred Ferris

Native place: Parramatta NSW

Year of birth: 1876

Arrived       Ship:
in Colony }   Year: BC

Trade or occupation
previous to conviction  } Laborer

Religion: C of E

Education, degree of: R & W

Height: 4' 11"

Weight     On committal: 7 stone 13 lbs
in lbs     } On discharge:

Colour of hair: Dark brown

Colour of eyes: Blue

Marks or special features: Cut on forehead over left eye brow. Scar on right shin & left knee. Vernon boy.

Where and when tried: Yass CC
17th April 1890

Offence: Indecent assault

Sentence: 2 years HL and to receive 2 floggings of 15 strokes each flogging: The first to be carried out on the (Thursday) 15th May 1890. The second 8 lunar months from date of first flogging & on same day of the week.

Remarks: In no case was prisoner to serve more than 20 months & to be kept apart from other prisoners

(No. of previous Portrait ... ) 

PREVIOUS CONVICTIONS

Where and When Offence. Sentence

 

 

 

 

None recorded

  

 


1     SRNSW: NRS3906, [8/1743], Vernon entrance book, 1886-89, p. 351, R2885. Emphasis added.

2     The Yass Courier, Fri 14 Feb 1890, p. 2.

3     SRNSW: NRS880, [9/6796] , Supreme Court, Papers and depositions, Yass, 1890, No. 25. Emphasis added.

4     Mn: Produced marked A

5     Mn: Alfred Ferris – Indecent Assault. Committed - Circuit Court Yass - 17 April 1890

6     SRNSW: NRS7710, [2/7233], Judiciary, MH Stephen, J. Notebooks Circuit Courts, 1876-1903, pp. 22-5. Emphasis added.

7     Mn: It was about 12 o’clock

8     David in transcript of depositions, but here quite clearly Edward.

9     Geo in transcript of depositions.

10   Mn: 4 years old, a remarkably intelligent child

11   Martyn in transcript of depositions.

12   The Yass Courier, Fri 18 Apr 1890, p. 2. Emphasis added.

13   SRNSW: NRS2232, [3/5969a], Goulburn Gaol photographic description book, Dec 1884-May 1880, No. 714, p. 280, R5119.