John Simmonds and Frederick Hines, 1905
Below also see: Frederick Hines, 1907
The Sydney Morning Herald, Fri 7 Jul 1905 1
POLICE COURTS.
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A BURWOOD DISTURBANCE.
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SERIOUS CHARGE OF ASSAULT.
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At the Burwood Police Court yesterday, before Mr TE MacNevin, SM, John Simmonds, a carter, and Frederick Hines, a butcher, were charged with having, on April 29 last, at Burwood, in company, inflicted grievous bodily harm upon Henry Ernest Chandler. Mr W Robison (Crown Law Department) appeared for the prosecution, and Mr JW Abigail for the defence. The case for the prosecution was that Chandler and the two accused were in the bar of Neich’s Hotel, Parramatta-road, Burwood, drinking, when an altercation arose between the prosecutor and Simmonds. The dispute was carried on outside the hotel in the yard, and Chandler alleged that he was knocked down and kicked by the two accused, acting together. Chandler’s most serious injury was the rupture of a blood-vessel at the back of the nose, excessive bleeding necessitating medical attention and hospital treatment. Chandler was ill for some weeks, and his life was despaired of for some days, owing to persistent hemorrhage. [sic] The prosecutor was attended to be Dr Claude Brown and Dr McDowall, and while his life was endangered, made dying depositions regarding the assault. The case was adjourned till next Thursday.
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The Sydney Morning Herald, Fri 14 Jul 1905 2
POLICE COURTS.
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A BURWOOD DISTURBANCE.
At the Burwood Police Court yesterday, the hearing of the charge against John Simmons, 31, carter, and Frederick Hines, 27, butcher, of having on April 29 last, at Burwood, in company, inflicted grievous bodily harm upon Henry Ernest Chandler, was continued before Mr TE MacNevin, SM. Mr W[illiam Carr] Robison, 3 of the Crown Law Department, appeared for the prosecution; and Mr JW Abigail for the defence. Evidence for the prosecution was continued. Mary Ann Neich, licensee of the Burwood Hotel, where the disturbance took place, gave evidence, and Burwood Neich stated that both the accused were quiet, inoffensive men. His evidence and that of other witnesses showed that Hines had not assaulted Chandler, but the disturbance arose between Chandler and Simmons, Hines acted as peacemaker. At the close of the case for the prosecution, the magistrate discharged Hines. [John] Simmons gave evidence, and stated that he was a married man, and had never been in any trouble before. He said that Chandler had used an offensive epithet to him, and struck him. All he had done was to act in self-defence. Neither he nor Hines had kicked Chandler. Other witnesses of the disturbance gave evidence, and Simmons was then committed for trial at the Quarter Sessions on August 2. Light bail was allowed.
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The Sydney Morning Herald, Tue 1 Aug 1905 4
SYDNEY QUARTER SESSIONS.
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Wednesday, August 2.
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Following is a list of cases for trial at the Quarter Sessions, commencing on August 2:—
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John Simmons, inflicting grievous bodily harm;
Frederick Hines, 1907
Depositions for Frederick Hines 29 May 1907 Sydney trial 5
(a) Town. |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Rex v. (b) Frederick Hines |
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(c) Offence. |
(c) Indecent assault on a male person |
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(d) Town. |
Police Office, (d) Children’s Court, Sydney |
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16th May 1907 |
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Sir, |
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I have the honor, by direction of the Bench of Special Magistrates, |
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to transmit herewith the Depositions, and other documents in the |
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(e) Name of accused |
case of (e) Frederick Hines |
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(f) “His” or “her” |
who has been committed to take (f) his |
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(g) “Circuit Court,” or |
trial at the (g) Criminal Court |
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to be held at (h) Darlinghurst |
on Monday |
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(h) Town where Court |
the 27th day of May 1907 |
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The accused is (i) confined in Darlinghurst Gaol |
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(i) “Is confined in the |
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(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) Patrick English of Sydney, Police Constable; Thomas Robertson of Sydney, Senior Constable; and Rowland Sydney Byrne of 217 Bourke Street Sydney, block boy
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(l) Short description to enable identification. |
The Exhibits enclosed are (l) Nil |
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I have the honor to be, |
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[Signed] HH MacDougall, JP |
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Clerk of Petty Sessions Clerk of the Children’s Court |
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The Under Secretary, |
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Department of the Attorney General and of Justice. |
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N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates |
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4g 201-90 |
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NEW SOUTH WALES POLICE.
Metropolitan District,
No. 3 Police Station.
Sydney, 19th May, 1907.
Report relative to antecedents of:–
Name: Frederick Hines
Offence: Indecent assault upon a male person
Committed for Trial at: Central Criminal Court
Date: 27th May 1907
Senior Constable Roberts reports:– That the above named accused is not known to the Police, or gaol authorities in this State. He arrived here by the SS Riverina, on Sunday the 12th instant, from Victoria, and has two references of good character in his possession, one dated the 20th November, 1905, from the State Government house, Melbourne, the other, undated, from Dr Fitzgerald, Lonsdale Street, Melbourne. He has also a number of letters which plainly shows that he is one of the “Sodomite” classes of men.
In his luggage was found a full ladies costume, underclothing included, which no doubt he has been in the habit of masquerading in at times.
[Signed] Thomas Robertson, Senior Constable.
1
Depositions of Witnesses.
New South Wales, Sydney
TO WIT. }
The examination of Patrick English of Sydney in the State of New South Wales, Constable of Police, Thomas Robertson of Sydney in the said State, Senior Constable of Police and Rowland Sydney Byrne of 217 Bourke Street Woolloomooloo in the said State, taken on oath this 16th day of May in the year of Our Lord one thousand nine hundred and seven at the Children’s Court, Sydney in the said State, before the undersigned, one of His Majesty’s Special Magistrates in and for the Metropolitan Police District, in the said State, constituted as Children’s Court, in the presence and hearing of Frederick Hines who is charged this day before me fore that he the said Frederick Hines on the 15th day of May in the year of Our Lord one thousand nine hundred and seven at Sydney in the said State, did indecently assault one Rowland Sydney Byrne, a male person.
2
Patrick English sworn states:–
I am a Constable of Police stationed at No. 3 Police Station.
About 11.30 pm last night I was sitting on a seat in the Domain with Senior Constable Robertson, I saw the accused with a boy named Roland Sydney Byrnes, the two of them were walking across the grass in the Domain coming from the direction of St Mary’s Gates and going in the direction of Woolloomooloo. When about 150 yards from St Mary’s Gates, I saw the accused and the boy go and stand by a tree, and after about 2 or 3 minutes I walked down to the tree, Senior Constable Robertson following close behind me, the boy Byrne’s back was towards me with his left shoulder leaning against the tree. When I got about 1½ yards from the boy he looked round and jumped back quickly, the accused was then in front of him in a leaning position, and had his face close up to the boy Byrne’s person. The boy jumped back and ran away, and the accused also jumped back and stood up. Senior Constable Robertson got hold of the accused, the boy ran away, and I caught him and brought him back. In presence of accused, I said to the boy “What has this man been doing to you?” He said “I took my ‘jock’ out and he put it in his mouth and was sucking it.” I said “What do you mean by your ‘jock’?” He “this” [sic] pointing to his penis which was hanging out of his trousers which were open. I said “What else was he doing?” He said “He was rubbing it with his hand also.” The accused’s trousers were also open and shirt was pulled out and up and sticking out.
3
We then took accused to Darlinghurst Police Station where I charged him with present charge. He made no reply.
No questions.
[Signed] P English.
Taken and sworn at the Children’s Court, Sydney, this 16th day of May 1907 before me.
[Signed] AN Barnett, SM.
4
Thomas Robertson sworn states:–
I am a Senior Constable of Police stationed at No. 3 Police Station.
About 11.30 pm last night, I was in the Domain with Constable English. I saw the accused with a boy named Byrnes come from the direction of the urinal and walk about 20 yards when they stopped for a few seconds and they then walked across and got behind a tree. English walked towards them and I followed. When we got to the tree I saw the boy Byrnes make a jump backwards, and the accused rose up. The boy’s person was fully exposed and erect. English said something to the boy and he made a bolt, English then brought him back to where accused was. The boy said something about accused having his penis in his mouth. On the way to the station I said to accused “This is disgraceful conduct of yours if what the boy says is true.” He said “I can’t help it, it’s my nature, I am a lustful man and built that way, I detest women.” English was closer to the boy than I was.
No questions.
[Signed] Thomas Robertson.
Taken and sworn at the Children’s Court, Sydney, this 16th day of May 1907 before me.
[Signed] AN Barnett, SM.
5
Rowland Sydney Byrne sworn states:–
(This witness here cautioned by the Court)
I am in the employ of the Sydney Council as Block Boy and live at 217 Bourke Street Woolloomooloo. I am 15 years and 8 months old.
I met this man (meaning accused) last night about 11 pm corner of College and Park Streets. I was coming from the theatre through the park. I was getting a drink from a fountain when I saw the accused. He said to me “Hullo sweetheart.” I said “Hullo.” He said “Will you come around the Domain for a few minutes?” I said “I was going round that way home.” I went down about 20 yards past the urinal in the Domain, then he said “There is a noise coming, we had better get down further.” We went down further opposite the cottage in the Domain to a tree, it was dark there. He then undid my fly and said “Show us your prick.” He then went down on his hands and knees and sucked it. He was rubbing it with his hands before that. The two policemen then came. Accused opened my fly and he took my person out. I had never seen him before that night.
No question.
[Signed] Rowland Sydney Byrne.
Taken and sworn at the Children’s Court, Sydney, this 16th day of May 1907 before me.
[Signed] AN Barnett, SM.
6
(F. 2 – “Justices Act, 1902.”)
Statement of the Accused.
State of New South Wales, Sydney
TO WIT. }
Frederick Hines (hereinafter called the defendant) stands charged before a Children’s Court constituted of the undersigned, one of His Majesty’s Special Magistrates in an for the Metropolitan Police District in the said State, this 16th day of May in the year of Our Lord one thousand nine hundred and seven for that he, the said defendant on the 15th day of May 1907, at Sydney in the said State, did indecently assault one Rowland Sydney Byrne, a male person and the said charge being read to the said defendant, and the witnesses for the prosecution, Patrick English, Thomas Robertson, and Rowland Sydney Byrne being severally examined in his presence, and (the depositions of the said witnesses having been read to him) the said defendant is now addressed by me the said Magistrate as follows:– “Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing, and may be given against you in evidence at your trial; and you are also informed, and are to clearly understand, that you have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to you to induce you to make any admission or confession of your guilt, but whatever you now say may be given in evidence against you upon your trial notwithstanding such promise or threat.” Whereupon the said defendant saith as follows:– “I wish to deny the charge.”
Taken before me and read over to the said defendant at Sydney in the said State, the day and year first above mentioned.
[Signed] AN Barnett, SM.
7
Defence.
Frederick Hines sworn states:–
I live at 38 Sir John Youngs Crescent, Sydney. I am a butler.
I was walking along College last night about 11.30 pm and when opposite St Mary’s Church I met the boy Byrnes. He nodded and smiled at me. I then said “Hullo sweetheart.” I stopped. He undid my trousers and put his hand in and caught hold of my penis. He said “Will you come into the Domain for a few minutes and we will have a good time.” I said “I have not got any money,” he said “That doesn’t matter.” We then walked into the Domain, and about half way down we stopped under a tree. He again opened my trousers and put his hand in and caught hold of my penis, whereupon the two Constables came up and arrested us. I don’t wish to say any more.”
To Police: I was not down on my knees. I went into the Domain with the boy after he indecently assaulted me in the street. I belong to Melbourne. I came to Sydney a week ago. I did not tell the Constable that I detested women, I said “I liked women as friends.” He said “This is disgraceful if what the boy says is true.” I replied as stated by him.
[Signed] Frederick Hines.
Taken and sworn at the Children’s Court, Sydney, this 16th day of May 1907 before me.
[Signed] AN Barnett, SM.
8
G. 190.
New South Wales,
TO WIT. }
REX.
versus
Frederick Hines
Offence,— Indecent assault
The accused stands committed to take his trial at the next Court Criminal Court of to be holden at Darlinghurst, in the State of New South Wales, on the 27th day of May 1907. Bail allowed the accused in £50 and two sureties in £ each, or with one in £50
[Signed] AN Barnett, Special Magistrate.
JP.
Dated at the Police
Office, Children’s Court Sydney
in the said State,
this sixteenth
day of May
AD 1907
4g 416 - 88
9
“Justices Act, 1902.”
Recognizance to give Evidence.
State of New South Wales, Sydney
TO WIT. }
Be it remembered, that on the 16th day of May in the year of Our Lord one thousand nine hundred and seven Patrick English a Constable of the Police Force, stationed at Sydney in the State of New South Wales, Thomas Robertson of Sydney in the said State, Senior Constable and Rowland Sydney Byrne of 217 Bourke Street Sydney in the said State, Block Boy personally came before the undersigned, one of His Majesty’s Justices of the Peace for the said State, and acknowledged themselves to owe Our Sovereign Lord the King the sum of
FORTY POUNDS EACH,
of good and lawful money of Great Britain, to be made and levied of their goods and chattels, lands and tenements, to the use of our said Lord the King, his Heirs and Successors, if they the said before mentioned persons shall fail in the condition indorsed.
Taken and acknowledged, the day and year first above mentioned at Sydney, in the said State, before me.
[Signed] HH MacDougall, JP.
The condition of the within written Recognizance is such, that whereas one Frederick Hines was this day charged before AN Barnett Esquire one of His Majesty’s Special Magistrates in and for the Metropolitan Police District in the said State, constituting a Children’s Court, with indecent assault.
If, therefore, they the before mentioned persons shall appear at the next Central Criminal Court to be holden at Darlinghurst in and for the State of New South Wales, on Monday the 27th day of May 1907 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 Frederick Hines for the offence aforesaid, to the jurors who shall pass upon the trial of the said Frederick Hines.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] HH MacDougall, JP.
10
C.C. 460
Frederick Hines. 30. Builder. Vic. C.E. R.&.W.
On the 15th May, 1907 at Sydney, he did indecently assault Roland Byrne, a male person.
C.C. Sydney.
16:5:07
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[On the depositions’ cover sheet is the following]
Central Criminal Court,
Sydney
27 May 1907
AG’s No. -----
Depositions.
CS’s No. 6
Rex
v.
Frederick Hines
Indecent assault on a male person
Committed at: Children’s Court
on: 16 May 1907
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Central Criminal Court
Date. 29th May 1907
Cor. Rogers Acting Judge.
Plea. Not guilty. Jury retire 10.27. Jury return 10.40
Verdict. Guilty
Judgment. 6 months hard labour in Grafton
[Signed] Hugh Pollock
Crown Prosecutor
Note.– In event of postponement, it should be stated whether accused admitted to bail.
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Indecent assault on a male person
[Signed] Hugh Pollock
18.5.07
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The Sydney Morning Herald, Sat 25 May 1907 6
CENTRAL CRIMINAL COURT.
George David Longson, murder.
Note.– Only the witnesses in the above case need be in attendance at the court on Monday.
The following are the cases for hearing at the Central Criminal Court, commencing on Monday:– John Wilson, manslaughter; George David Longson, murder; Richard Riley, murder; Elizabeth Barclay, wounding with intent to murder; Frederick Hines, assault.
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The Daily Telegraph, Sat 30 May 1907 7
CRIMINAL COURT.
(Before Mr Acting Justice Rogers 8 and a jury.)
Mr Hugh Pollock prosecuted for the Crown.
A SERIOUS OFFENCE.
Frederick Hines, a young man, was charged with committing a serious offence, at Sydney, on May 15. The accused, who was undefended pleaded not guilty.
The jury found the accused guilty, and he was sentenced to six months’ imprisonment, with hard labour, in Grafton Gaol. His Honor remarked that he did not think the accused was quite right in his head.
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The Sydney Morning Herald, Thu 30 May 1907 9
CENTRAL CRIMINAL COURT.
(Before Mr Acting Justice Rogers and juries.)
Mr Hugh Pollock prosecuted for the Crown.
ASSAULT.
Frederick Hines, a haggard man, aged about 30, pleaded not guilty to a charge of having, on May 15 last, at Sydney, committed a serious assault. Accused was undefended, and made no defence to the charge beyond a statement that the person he was accused of assaulting – a block-sweeper – had assaulted him. The jury found accused guilty. In answer to a question by the associate, accused said he had nothing to say against the three witnesses for the Crown. It was no good saying anything. He had been a butler in the very best of gentlemen’s houses in Melbourne. His Honor said apparently the prisoner was not quite right in his head. The offence was a disgraceful one. A sentence of imprisonment for six months with hard labour in Grafton gaol was imposed.
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Frederick Hines, Gaol photo sheet 10
![SRNSW: NRS2138, [3/6072], Darlinghurst Photograph description books, 1907-1909, No. 10395, p. 101, R5112.](/images/trials/1907-Hines-6072-gaol-photo-10395.jpg "SRNSW: NRS2138, [3/6072], Darlinghurst Photograph description books, 1907-1909, No. 10395, p. 101, R5112.") |
Gaol Photo Sheet - Transcribed Details
No. 10395
07.2330
Date when Portrait was taken: 29-5-1907
Name: Frederick Hines
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Native place: Victoria Year of birth: 28 June 1876 Arrived Ship: BC Trade or occupation Religion: C of Eng Education, degree of: R & W Height: 5' 7¾" Weight On committal: 138 Colour of hair: Reddish Brown Colour of eyes: Hazel |
Marks or special features: Minus all teeth from both jaws. Wears plate with fourteen false teeth in top jaw, and thirteen false teeth in lower jaw. Three vaccine marks outside left upper arm. Scar outside left little finger. Small brown mole under right armpit. Thin nose. Mole on left shoulder close to neck. Scar on head of Penis from chancres. |
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(No. of previous Portrait ... ) CONVICTIONS |
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| Where and When | Offence. | Sentence | |||
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Sydney GD |
29 |
5 |
1907 |
Indecent assault on a male person |
6 months HL |
1 The Sydney Morning Herald, Fri 7 Jul 1905, p. 8. Emphasis added.
2 The Sydney Morning Herald, Fri 14 Jul 1905, p. 3. Emphasis added.
3 See obituary: The Sydney Morning Herald, Thu 6 Jul 1916, p. 5.
“DEATH OF MR WC ROBINSON.
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The death occurred yesterday at his home in Forbes-street, Darlinghurst, of Mr William Carr Robinson, who was exceptionally well-known in legal circles in the city. He had been in failing health for about three years, but continued to attend to his work as a prosecuting officer for the Crown Law Department up to two months ago, when he was forced to take to his bed. The deceased was born 43 years ago, and after receiving his education at the Sydney Grammar School he was articled to the legal firm of Messrs John Dawson and Sons, of Pitt-street. He was admitted as a solicitor in May, 1896, and in 1901 was appointed to the professional staff of the Crown Law Office. In 1912 he was appointed prosecuting officer, and later on he was police magistrate at Glen Innes, but he relinquished that position after a few months, and again became prosecuting officer. In his younger days the late Mr Robinson took a keen interest in cricket, and after playing for the Sydney Grammar School he joint the Ashfield club, and later on the Belvidere club. He distinguished himself as a bowler and batsman. The deceased leaves a widow and one son. The funeral will take place at South Head Cemetery this afternoon.”
4 The Sydney Morning Herald, Tue 1 Aug 1905, p. 3.
5 SRNSW: NRS880, [9/7116], Supreme Court, Papers and depositions, Sydney, May 1907, No. 6. Emphasis added.
6 The Sydney Morning Herald, Sat 25 May 1907, p. 11. Emphasis added.
7 The Daily Telegraph, Sat 25 May 1907, p. 11.
8 Acting Justice PH Rogers’ notes could not be located at SRNSW.
9 The Sydney Morning Herald, Thu 30 May 1907, p. 3.
10 SRNSW: NRS2138, [3/6072], Darlinghurst Photograph description books, 1907-1909, No. 10395, p. 101, R5112.