Below also see: William Charles Fleeton, 1940
Depositions for William Charles Fleeton 15 Sep 1937 Sydney trial 1
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15:9:1937
Rex v Fleeton
Indecent assault on a male person
Exhibit A.
[Fleeton’s hand written statement below]
On the morning of the 22nd of July I went down to Tamarama and there met Teddie Barnes who was lying in a cave. I got into conversation with him and formed a bond of affection was formed between us two. This was physically expressed by me first by pulling my arm around his shoulder. Secondly by me so squeezing his shoulder muscles and other muscles of his body and telling him that he was a faira [sic] chap physically as he was facially. In I did this out on the bearskin but did it not do it out of a licentious spirit.
Upon the arrival of Owen—the witness I continued to caress the Teddie who had submitted without protest after I asked him to stand alongside of me in the cave the action on both sides was done out of an affectionate spirit. The third party stood a good distance from the cave and has made a mistake on what went on. I kissed the lad on this occasion. But doing He had pulled his trousers down but I took no notice and was speaking to telling the third party of steps he should take in order to obtain employment.
I did not touch any portion of my clothes on this occasion or on any other occasion nor did I remove the young Barnes’ trousers he did it on me asking him to let me judge his strength on the first occasion on the second he did it when I asked him to do so in order to shock ---- the third party. The third party then said he was going to go fishing with Sargent MacKinnon and asked Teddie to come with him I then bid both farewell knowing that what they said was a lie for Teddie was wagging school at the time. I know that such actions would excite suspicion but the fact I openly revealed myself in the vicinity afterward shows that I did not conscientiously break the law if such is the case.
[Signed] W Fleeton.
Questioned by Detective Barnes:—Who do you, mean by the third party.
Answer:—The boy that pointed me out to you when I was standing on the steps this morning.
[Signed] W Fleeton.
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15th September
The accountant,
Department of the Attorney-General and of Justice, Sydney
SUBJECT:—Rex v William Charles Fleeton, indecent assault on male person, Sydney Quarter Sessions, 1.9.37.
The above named accused appeared at this court today in answer to the above charge, and was convicted.
The sum of £40—being the cash bail deposited by his surety for his appearance may now be refunded to her.
Clerk of the Peace.
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[This is the typed statement of Fleeton’s handwritten statement]
EXHIBIT “No 1”
28th July, 1938
On the morning of the 22nd of July I went down to Tamarama Bay and there met Teddie Barnes, who was lying in a cave. I got into conversation with him and a bond of affection was formed between us two. This was physically expressed by me, firstly by putting my arm around his shoulder; secondly by me squeezing his shoulder muscles, and other muscles of his body, and telling him that he was a fair chap physically as he was facially. I did this act on the bare skin, but did not do it out of licentious spirit.
On the arrival of Owen—the witness, I continued to caress Teddie who had submitted without protest, after I asked him to stand alongside of me in the cave the actions on both sides was done out of an affectionate spirit. The third party stood a good distance from the cave and has made a mistake on what went on. I kissed the lad on this occasion. He had pulled his own trousers down but I took no notice and was telling the third party of steps he should take in order to obtain employment.
I did not touch any portion of my clothes on this occasion or on any other occasion. Nor did I remove young Barnes trousers he did it on me asking him to let me judge his strength on the first occasion, on the second he did it when I asked him to do so in order to shock the third party. The third party then said he was going to go fishing with Sargent MacKinnon and asked Teddie to come with him. I then bid both farewell knowing that what they said was a lie for Teddie was wagging school at the time. I know that such actions would excite suspicion, but the fact I openly revealed myself in the vicinity afterwards shows that I did not conscientiously break the law if such is the case.
[Signed] W. Fleeton.
QUESTIONED BY DETECTIVE BARNES: Who do you mean by “the third party”?
ANSWER: The boy that pointed me out to you when I was standing on the steps this morning.
[Signed] W. Fleeton.
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WILLIAM CHARLES FLEETON (20)
Indecent assault on a male person.
This deponent, being duly sworn, states:—
My name is DAVID JOHN BARNES, I am a Detective Constable of Police stationed at Bondi.
Reproduction: Peter de Waal
About 12.30 pm on the 28th July, 1937, I was in company with the boy named Owen Davis at the foot of Burrell Street, Bondi, where I saw the defendant standing against a railing overlooking the Glen at Tamarama Bay. The boy told Davis told me something. I walked up to the defendant and said “My name is Detective Barnes. I am making inquiries regarding a man who is alleged to have indecently assaulted a boy about 12 noon on the 22nd instant, in a cave underneath those rocks over there”—At the same time I indicated some rocks on the northern side of the end of Tamarama Bay. I then said—“One of the boys that is present has just identified you to me as the man who has committed the offence”. He replied “It is not a serious matter”. I said—“The allegations made by the boys are serious. I am going to ask you some questions, which you are not obliged to answer unless you so desire, but whatever you say may be given in evidence.” I then called the boy Davis to where we were standing and defendant said “This is the boy who was there with Teddie”. I said to Davis in the presence and hearing of the defendant “I want you to tell this man what you told me that you saw take place in the cave on the 22nd instant.” Davis said “I came into the cave and I saw you with your arms around the boy Barnes’ waist. You undid his belt, took down his trousers and his underpants just above his knees, and I saw you take out your penis, place it in the boy Barnes behind, and move backwards and forwards”. The defendant said “I like the boy. A bond of affection was formed between us. I admit I caressed him, and I’ll shew you what I did”. I submit I kissed him on the cheek.
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He then stepped over to the boy Davis, stood behind him, placed his right arm over the right shoulder of Davis, his hand extending underneath his left side, and pulled him close to his body, and said “That is all I did”. He said—“It is not a serious matter”. “I’ve seen it done quite openly in the parks and the government training school, and I have been a student at the Methodist Missionary College for two years; I have studied law and I know the penalty for a person indecently assaulting another person is four years penal servitude, and you don’t think I would do that if there were children present”. I said “The boy Barnes has informed me that he was indecently assaulted by you before Davis came on the scene”. I then said—“I want you to come to the Bondi Police Station with me”. He said—“What does that mean”. I said—“It means that I am going to charge you with indecently assaulting the boy Barnes”. He again said—“It is a common practice.” I said—“Have you seen a boy indecently assaulted before?” He said—“Yes, it is nothing to hear the boys at the training school talk about having a bit of bum”. At that time I did not know his name. I said to him “What is your name?” He said—“I don’t wish to give that”. I said—“I am a Sunday School teacher and I’ve been a Bible student”.
On arrival at the Bondi Police Station I said “The boy Barnes has alleged that he was sitting in the cave in the Glen when you came up from behind him, asked him what he was doing there, and then caught hold of him and undid his belt, removed his trousers, pushed him forwards on the ground, took his penis out, and placed it between his buttocks and moved backwards and forwards. Whilst you were doing this he heard a whistle and both of you got up and the boy Davis came on the scene”.
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He did not reply to that. Defendant replied “The boy undid his belt and he had a shit. He removed his trousers by himself and I did not take them off”. I then said “When Davis came into the cave, Barnes alleged that you again caught hold of him round the waist, undid his belt, and again placed your penis beneath his buttocks, and also touched him on the penis.” Defendant replied—“I did not take his trousers off at all, but I touched him on the penis.” But I had not taken mny penis out. I said—Would you care to make a statement. You are not obliged to do so, but whatever you say may be given in evidence”. He said—“Yes, I want to think this out”. I said—“Will I type it or will you write it”. He said—“No, I’ll write it”. I then handed him a piece of paper and a pen and he wrote a statement. At the conclusion of the statement he said to me “Read this” and handed me the paper, which I now produce. I read the statement out aloud and I said “Will you initial the mistakes and sign it?” He said “Who reported this matter?” I said “Three boys came to the station and I took a statement from each boy”. He said “Barnes would not have reported it himself had it not been for the third party. I think he got a shock with what he saw and it was too great for him”. I handed the defendant back to statement and he initialled it and signed it and I then said to him—“What do you mean by ‘the third party’ referred to in the statement?” He replied “The boy that pointed me out to you this morning when I was standing on the steps”.
(Statement tendered, admitted, and marked Exhibit “1”)
Statement shewn to the defendant and the defendant here states that “I told him afterwards the statement was all bunk”
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The finger-prints of the defendant were then taken and he said to me “Whilst I was studying at the missionary college I studied Karl Marz [sic] and Lenin and developed Communistic ideas. Later when I went to the Government Training School I started advocating my ideas, and the boys called me ‘Russia’.” I said “When you were in the cave with the boys did you have a sheath knife with you in a pouch”. He said—“I had no sheath knife, but I had a pouch. You will find that at home”. He was then charged with the present charge and he made no reply. Later the same day I went to 25 Waverley Crescent, Waverley, where I had a conversation with Mrs Fleeton. I was shown the tent in the back yard and I was handed two leather pouches.
About 5 pm the same date I again saw the defendant at Bondi Police Station. I said to him “I’ve seen your mother at home. She shewed me where you slept at the ten in the back yard and she handed me these two pouches.” I said “I am going to ask you some further questions which you are not obliged to answer, but whatever you say may be given in evidence.” I said “Did you have either one of these pounds with you when you were in the cave?” He said—“Yes, I had the cowhide one with me. It was given to me by a boy at the Government Training School”.Exhibit “2” (pounch [sic] admitted and marked Exhibit “2”)
BY THE DEFENDANT: The statement was made at the Bondi Police Station. You said—“I want to think this out”. I did not tell you that if you gave your name and made a statement you could go home. You had a note-book and pencil in your possession. I handed you the paper and a fountain pen. You passed the confession to me unsigned. I don’t recollect you saying that you mind was confused. I told you your name and address from the roll, and you said ‘yes, that’s right. You have it’.” The statement is not on oath. It was just a statement.
[Signed] EJ Barnes.
NO FURTHER QUESTIONS.
READ OVER AND ADHERED TO.
Image: NSW State Library collection. Reproduction: Peter de Waal
Taken and sworn at the Children’s Court, Redfern, this 3rd day of August, 1937,
Before S[ydney] J[ohn] Bliss, Special Magistrate.
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THIS WITNESS: “I am twelve years old. I am a Congregational. I go to church. I know the meaning of an oath and the punishment for telling lies.
PROSECUTION: This deponent, on his oath, states as follows.
My name is Edward Oliver Barnes. I am a school boy going to the Sydney Technical High School. I a twelve years of age. I will be thirteen next month. I reside with my parents at 34 Belgrave Street, Waverley.
I remember Thursday, the 22nd July, I left home about half past eight to go to school. I did not go to school. I went to the railway and then I got a bus back to Bondi Junction. I then went down to Bronte Gully. I saw Owen Davis and Charlie Cuthel. I stayed there for about a quarter of an hour and after that I went round to Tamarama Gully. We sat in a shed and were talking for a while. We went up to a cave in the bushes, in Tamarama Gully, at what is called the Glen. The three of us went into the cave. We were talking for a while and then Cuthel and David went home and I was there by myself. While I was there the defendant now in court came up to the cave. He said—“What are you doing there?” I said—“I am waiting for two boys”. He said “You are the boy I met down Bronte Gully some time before”. I said “Yes.” I knew he was the man I had met at Bronte Gully some time before. I was sitting on a rock in the cave and he was standing behind me. He said—“Will you do it now?” He mentioned what had happened at Bronte Park. He said “When you were down there I asked you to come into the bushes with me and you said no”. He asked me to do it and I said no. at Bronte Park he said—“Will you come into the bushes and pull me off”. I said—“No” on both occasions. He pused me to the ground and fell on top of me. Just before he pushed me over he undid my belt round my trousers. He did not ask me to do anything before he pushed me down. He fell on me in a crouching position.
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I was lying on the ground face down. I felt something rubbing up and down. My trousers were down on my legs, having fallen down when he pushed me down. He came down to my knees. I felt something rubbing up and down in my back (witness indicates his buttocks). I fell fairly hard. There was something else I felt about it. He was rubbing himself up and down. It was fairly warm, what I felt at my back. I tried to get up at first. The defendant was holding me, being on top of me. that lasted for about five minutes or ten inutes. While I was on top of me he said he belonged to a gang in Darlinghurst j they called him “Russia”. After a while he stopped rubbing up and down. Then Herb Davis came in. He whistled and sang out. That was how I knew he came in. When I heard Davis whistle he left me go. I got up then and I went outside to Davis and the defendant remained in the cave. I walked straight out of the cave to meet Davis and I did not notice defendant doing anything to his trousers. I had some talk to Davis, but I don’t think the defendant heard what I said. Then we went back into the cave and Davis put his scooter on a rock. The defendant pulled me over close to him again and he undid my belt again and he started rubbing his thing up and down me again. I was up close to him and he was sitting on a rock. He then undid my trousers, my belt. He undid my belt first and then my trousers fell down to my ankles and I was then right up close to him. He had hold of me, behind me. Had my back towards him. He was rubbing his thing up and down in the same place as before. It was out behind my legs, near my back passage. It was a bit softer this time, but still warm. He was still sitting down, and was moving it up and down. I tried to get away and he held me round the waist with one hand. I couldn’t see what he was doing with the other hand. Davis was standing on
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a rock and saw what was happening and he asked me did I want him to do that. Defendant could hear what Davis said. I then said—“No”. Davis asked me was I coming down fishing with MacKinnon. Defendant said “Who is MacKinnon?” Davis said—“ A retired policeman”. Davis then said “I am going down to get him”. He then went away out of the cave. While Davis was asking me about MacKinnon, but when Davis mentioned that he was a retired policeman the defendant let me go. I saw the defendant do up his belt. The fly of the defendant’s trousers was undone, and he did them up. I didn’t know whether his fly was undone on the first occasion the defendant was lying on top of me. While I was standing up with my back to him he touched me round the front and caught hold of my private. I did my trousers up after he let me go. He did it up and then he went outside. He followed me out. When we were both outside he asked me would I go back and get his cigar butt. I went back and got it and his pouch was lying beside it. The pouch was a leather one, with hair on it. There was only the cigar butt and the pouch there. I did not see any knife there. He said would I meet him down there on Saturday. I said “Yes”. He went away up into the bushes and I stood there and saw Davis coming towards me. We went down to the bottom and met Cuthel and told a fisherman and the fisherman went and rang the police. I later saw Detective Barnes at the Bondi Police Station and told him all that happened.
BY DEFENDANT: When you saw me at Bondi we had a fire and were playing a ball game. I did not throw a stone on a summer house on the day I saw you at Tamarama Bay. I was wearing an overcoat which I took off. You undid my belt and then pushed me over to the left on the ground. I did not get any dirt on my clothes. I deny having a blue costume in my possession on that day. I was not about to put it on when Davis came along.
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Davis and I went out of the cave. After Davis left you and I stood out in front of the cave endeavouring to find out where Davis was hiding. Davis did not suggest to me that I go to the police station and pitch this tale. He to-day me to tell the first policeman what had happened. I am not going to admit that the evidence I have given is false.
TO POLICE: The defendant had an overcoat on when he came into the cave. He took it off and put it on the ground. When I was lying in the cave I was lying on his coat. I had had an overcoat on. I had taken it off just as he came into the cave. I left the coat on the rock with my school case.
READ OVER AND ADHERED TO.
BY DEFENDANT: This has been done to me before. It has been done once before to me.
EO Barnes.
Taken and sworn at the Children’s Court, Redfern, this 3rd day of August, 1937, before
SJ Bliss, Special Magistrate.
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WITNESS STATES—“I am 15 years of age”
This deponent, being duly sworn, states:—
My name is OWEN WILLIAM DAVIS. I am fifteen years of age and live with my parents at 225 Burrell Street, Waverley. I work on a milk cart.
collection. Reproduction: Peter de Waal
I remember about half past eight on Thursday, the 22nd July, I went down to Bronte Park with a boy named Charlie Cuthel, and I later saw Teddie Barnes at Bronte Park. Later on we three went round to Tamarama Bay. Later the three of us went up to a cave in Tamarama Glen. We were there for a while and Cuthel and I decided to go home to dinner. We left Barnes in a cave. We were going home we did no see anybody. I went home and had dinner and then came back to the cave. I came back to the cave on a scooter. I went back to the same cave where I had left Barnes. Coming down I whistled and yelled to Teddie. I saw Barnes come out of the cave buttoning up his trousers. I saw someone else in the cave when I went in with Barnes. I took my scooter into the cave. I saw the defendant in the cave. I had not seen him before. I did not know him before. As I entered the cave the defendant said to Barned—“Come on, Ken”. I passed the defendant and I put my scooter against the rock. As I was going out of the cave the man said “Have I seen you before?” I said—“No.” He said “Have you got a twin brother?” I said “No”. While he was talking he had his hand round Barnes waist and was undoing the buckle of Barnes belt. He took Barnes trousers below his knees and he had one hand on Barnes back and pushed him over into a crouching position, opened his own fly, and took out his penis. He then pushed Barnes over into a crouching position and started rubbing his penis up and down Barnes’ buttocks. I turned round and walked out onto a ledge. I said to Barnes “See the oil I got on the scooter when I was going home”. With that I took my scooter and took it out of the cave and spun the wheel around and showed him where the grease was.
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He had his left hand on Barnes’ penis. I said “Teddie, are you coming fishing with Sergeant MacKinnon”. Whilst I was having this conversation with Barnes, the latter was with the defendant in the cave. The defendant was lying against a rock while he was holding Barnes. Barnes put up a little struggle. The defendant had one hand on Barnes’ back and one hand on Barnes’ penis. I saw the defendant’s penis. It was hard. I did not see the defendant let Barnes go. I asked Barnes did he want the defendant to do that and Barnes said no. the defendant could hear that, but he did not say anything to that. The defendant said “No, no kidding”, when I spoke about going down to get MacKinnon to go fishing with. I said—“I am going to tell a man down here”. The defendant said “No, there’s no need”. When I went away the defendant and Barnes were in the cave. I went away, but I later saw the defendant on a shelving rock putting on his coat. I was then about 50 yards away. He went back into the cave and yelled out to Teddie Barnes—“Where’s your copper?” I didn’t hear Barnes’ reply. I went up the stairs to the left of the cave. I crept up into a tunnel underneath some bushes. He went away and then came back again. I did not talk to the defendant any more that day. I heard the defendant when he came back say to Barnes to go and get his cigar butt. Afterwards I saw a fisherman and told him something. We then met Charlie Cuthel, and we told him what had happened. He afterwards went to Bondi Police Station and told them what had happened.
About half past 12 on the 28th July I was with Detective Barnes in Waverley Park. We went to the steps near Tamarama Bay and I pointed out the defendant to the detective. I then told the defendant what I had told the detective.
BY DEFENDANT: I did not throw a stone on the summer-house before I went to dinner. I became suspicious of Barnes as to what he told me about having a shit. You were speaking to me when I was in the cave. I said I was going fishing with Sergeant MacKinnon. I suggested to Barnes to tell this story to the police
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we decided to tell the police because we weren’t going to let you get away with the dirty thing you did. I knew that Barnes was wagging school.
READ OVER AND ADHERED TO.
BY DEFENDANT: What I have said is not false.
Owen W Davis.
Taken and sworn at the Children’s Court, Redfern, this 3rd day of August, 1937, before
[Signed] SJ Bliss, Special Magistrate.
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State Penitentiary Hospital,
Long Bay, 19th August, 1937.
To the Superintendent, State Penitentiary.
REPORT OF VISITING SURGEON in regard to prisoner William Charles Fleeton.
This youth has been under medical observation at this penitentiary for about one week, during which period I examined him on several occasions. He was also seen during this by Dr McGeorge, of the Reception House staff.
Fleeton is a bright young man of twenty years, moderately well educated, talkative, and plausible in manner. Psychological tests carried out here show that he has an intellectual quotient of 95, and a mental age which is about normal. Whilst here under gaol conditions prisoner behave well and did not manifest any signs of insanity. His physical condition is satisfactory. As a result of my examination of Fleeton I am of the opinion that he is not insane and that he knows right from wrong and is fit to plead, but I am also of the opinion that his mental attitude towards sexual relationships is not normal and that most likely he has a well marked homosexual bias which, allied with defective willpower, is liable to lead this youth into irregular behaviour.
[Signed] ES Holloway, MB.
Visiting Surgeon.
Forwarded for your information.
At Redfern Police Court, 3.8.37, Fleeton was committed for trial to the Sydney Quarter Sessions, commencing on the 1st proximo, charged with committing an indecent assault on a male person.
He was admitted to bail from the prison on the 10th instant.
[Signed] JM Secry, Superintendent, State Penitentiary,
at Long Bay, 20.8.37.
The Clerk of the Peace, Sydney.
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NEW SOUTH WALES POLICE
Metropolitan District,
Bondi Police Station,
17th August, 1937.
Report relative to Antecedents of:—
Name William Charles Fleeton,
Offence Indecent assault on a male person.
Committed for Trial at Sydney Quarter Sessions
Date Committed the 1st September, 1937.
I beg to report that the finger prints of the above-named person have been taken, but there are no convictions recorded against him in this State. He was unknown to me prior to the date of his arrest, but from inquiries I have made I have ascertained that he is 20 years of age, single, a labourer by occupation, at present residing with his parents at No. 25 Waverley Crescent, Waverley where he occupies a tent in the back-yard. His parents are very respectable, and they spent a considerable sum of money on the educating the accused, who was a student at the Croydon Methodist Mission for a period of two years, but at the end of that time he found that he was unsuitable for the position and left there and later attained several positions as a kitchen hand. He only remained a short time in each position and subsequently he spent a few weeks at the Government Training School at Scheyville, but also found that life unsuitable and returned to his home at Waverley.
[Signed] EJ Barnes, Detective Constable 1st Class.
You are hereby commanded, that all business being laid aside, and all excuses ceasing, you be and appear and your proper person before the Court of Quarter Sessions at Darlinghurst, Sydney in the State of New South Wales, on Wednesday the 1st day of September, 1937, at the hour of ten o’clock in the forenoon on the same day, to testify the truth and give evidence on behalf of the Crown in the case of indecent assault on a male against William Charles Fleeton and that you so appear, from that day to day, until the case be tried, and that you depart not without leave of the court, under the penalty of £100. And this you are in no wise to omit.
Given under my hand, at Sydney in the said State, this 24th day of August, in the year of our Lord one thousand nine hundred and thirty seven.
[Signed] WC Lacey, Clerk of the Peace.
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DEPARTMENT OF PRISONS, NEW superintendent WALES.
HM Gaol, State Penitentiary, 11 August 1937.
The Clerk of the Peace Sydney.
Subject: Case of William Charles Fleeton.
Herewith are forwarded recognizance of bail entered in the case of the abovementioned accused, who was released from this gaol on 10th August 1937.
The amount of £40 deposited as security by Mary Fleeton of 25 Waverley Crescent, Waverley has been forwarded to the accountant, Department of the Attorney-General and of Justice.
[Signed] JM Secry, Superintendent, State Penitentiary, Long Bay.
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Recognizance of Bail on Committal for Trial.
Cash surety £40 received No A144403.
State of New South Wales,
TO WIT. }
Be it remembered, that on the 10th day of August 1937, William Charles Fleeton of 25 Waverley Crescent Waverley in the State of New South Wales (hereinafter called the defendant), and his sureties, Mary Fleeton of 25 Waverley Crescent, Waverley in the said State, personally came before me, the undersigned, one of his Majesty’s Justices of the Peace for the said State, and severally acknowledged themselves to owe our Sovereign Lord the King the several sums following (that is to say): the said defendant the sum of £40; and the said surety the sum of £40 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 Lord the King, his Heirs and Successors, if the said defendant shall fail in the conditions indorsed hereunder.
The condition of the above-written recognizance is such, that whereas the said defendant was on Thursday of August 1937, charged before SJ Bliss Esq, one of his Majesty’s Justices of the Peace for the said State, with indecent assault on a male person.
If therefore the said defendant do appear at the next Court of Quarter Sessions to be holden at Sydney in and for the said State, on Wednesday the 1st day of September 1937, at 9 of the lock in the forenoon, or at such other Court to be holden at such place and time as the Attorney-General may appoint, of which such last-mentioned court the said defendant shall received due notice, and then and there surrender himself into the custody of the keeper of the gaol there, and plead to such information as may be filed against him for or in respect of the charge aforesaid, and take his trial upon the same, and not depart the said court without leave,—then the said recognizance to be void, or else to stand in full force and virtue.
(Signatures of defendants and sureties)
[Signed] William C Fleeton, Mary C Fleeton.
Taken and acknowledged the day and year first above mentioned at State Penitentiary, Long Bay in the said State. Before me,
[Signed] JH Baldwyn, Justice of the Peace.
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Petty Sessions Office, Redfern,
3rd August 1937.
Rex v (a) William Charles Fleeton
(Offence) Indecent assault on a male person
Date of Committal: 3rd August, 1937 No 1937/48
Depositions and other documents in the case of the above-named accused, committed for trial at the (b) Court of Quarter Sessions to be held at Sydney on the 1st day of September 1937, are forwarded under separate cover. Bail has been fixed by the court at self in £40 with two sureties in the sum of £20 each, or one surety in the sum of £40.
The accused is confined in the gaol at Long Bay.
In the amount stated above
the witnesses bound over are (e) Edward John Barnes, of Sydney, detective, and Flora May Barnes (for and on behalf of Edwin Oliver Barnes, school boy of 34 Belgrave Street, Waverley.) (Owen William Davis, age 15 years, of 225 Birrell Street, Waverley, was allowed to leave the court without being bound over, there being no person present to enter into the bond on his behalf.)
(E) The exhibits in the case are as set out in form G455 attached to the depositions and have been disposed of in the manner set out thereon.
[Signed] Edward Harvey, Clerk of the Peace.
The Under Secretary of Justice, Box 4A, GPO, Sydney.
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Depositions of Witnesses.
(To accompany all cases of Committal for Trial.)
State of New South Wales,
TO WIT. }
The examination of Edward John Barnes of Bondi in the said State Detective Constable of Police, Edwin Oliver Barnes, of 34 Belgrave Street, Waverley, Owen William Davis, of 225 Birrell Street, Waverley, labourer taken on oath this 3rd day of August 1937, at the Children’s Court Redfern in the said State, before Sydney John Bliss, Esq, Special magistrate and one of his Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of William Charles Fleeton (hereinafter called the defendant) who is charged for that he the said defendant on the 22nd day of July, in the year of our Lord one thousand nine hundred and thirty seven at Bondi in the said State, did commit an indecent assault upon a male person named Edwin Oliver Barnes.
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RECORD OF EXHIBITS.
Police v Fleeton
(Offence) Indecent assault on male person.
Exhibit “No 1” Statement by defendant.
Exhibit “No 2” Two sheaths
[Signed] V MacMillan, Deposition Clerk, 3/8/37.
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Statement of the accused.
(Justices’ Act, 1902.)
(Section 41.)
In the State of New South Wales, Redfern,
TO WIT. }
William Charles Fleeton (hereinafter called the accused), stands charged before the undersigned, one of his Majesty’s Special Magistrates and Justice of the Peace in and for the said State, this 3rd day of August, 1937, for that he the accused, on the 22nd day of July 1937, at Bondi in the said State did commit an indecent assault upon a male person, named Edwin Oliver Barnes and the said charge being read to the accused, and the witnesses for the prosecution Edward John Barnes, Edwin Oliver Barnes, and Owen William Davis being severally examined in his presence, and (he having stated that he does not desire the depositions of the said witnesses to be read to him) the accused is now addressed by me the said Magistrate and Justice as follows:—“Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing, and may be given against you in evidence at your trial; and you are also informed, and are to clearly understand, that you have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to you to induce you to make any admission or confession of your guilt, but whatever you now say may be given in evidence against you upon your trial notwithstanding such promise or threat.” Whereupon the accused caith as follows:—I reserve my defence.
Taken before the undersigned Justice and read over to the said defendant at Redfern in the said State, the day and year first above mentioned.
[Signed] SJ Bliss, Special Magistrate.
The accused committed for trial at the Court of Quarter Sessions, to be holden at Sydney on the first day of September 1937, or at such other court to be holden at such place and time as the Attorney-General may appoint. Bail allowed accused in £40 with two sureties in £20 each or one in £40.
Whilst in custody it be recommended that the defendant be placed under medical observation.
Dated at Redfern on the day first above mentioned.
[Signed] FJ Bliss, Special Magistrate.
23
Recognizance of Witness to Give Evidence At Court of Quarter Sessions Or Gaol Delivery.
State of New South Wales, Redfern
TO WIT. }
Be it remembered, that on the 3rd day of August 1937 Edwin John Barnes of Sydney, detective, Flora May Barnes for and on behalf of Edwin Oliver Barnes of 34 Belgrave Street, Waverley school 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 £40 each, of good and lawful money, to be made and levied of their several goods and chattels, lands, and tenements , to and use of our said Lord the King, his Heirs and Successors, if they the said before-mentioned persons shall fail in the condition indorsed hereunder.
The condition of the within-written recognizance is such, that whereas William Charles Fleeton (hereinafter called the defendant) was this day charged before SJ Bliss, Esq, one of his Majesty’s Special Magistrates and Children’s Court for the said State, with indecently assaulting a male person.
If, therefore, they the before-mentioned persons shall appear at the next court of Quarter Sessions to be holden at Sydney in and for the State of New South Wales, on Wednesday the 1st day of September 1937 at 10 of the clock in the forenoon, or at such other court, to be holden at such time and place as the Attorney-General may appoint, of which such last mentioned court each of them shall receive due notice, and then and there give such evidence as they know, upon an information to be then and there preferred against the said defendant for the offence aforesaid, to the jurors who shall pass upon the trial of the said defendant, then the said recognizance to be void, or else to stand in full force and virtue.
(Signatures of persons bound over.)
[Signed] EJ Barnes, Detective Constable, Flora M Barnes, (on behalf of Edwin Oliver Barnes).
Taken and acknowledge the day and year first above mentioned at Redfern in the said State, before me—
[Signed] E Harvey, JP.
24
Court House, Paddington.
29th July, 1937.
Clerk of Petty Sessions and Chamber Magistrate, Redfern.
Subject: Police. WC Fleeton. C.C. 1276 on the 29/7/37.
Bench and charge sheets in the above3mentioned matter are forwarded herewith, the defendant having been remanded to apear at your court on the 3rd proximo.
[Signature illegible], Clerk of Petty Sessions and Chamber Magistrate, Paddington.
25
Charge Case No 1276
For hearing at Paddington Police Court,
on the 29th day of July, 1937.
From No. ----- Bondi Police Station.
Name, occupation, and age of defendants:
William Charles Fleeton, 20, labourer.
Date and hour of Apprehension: 28/7/37 at 12-40 pm.
Name of apprehending officer: Detective Constable 1st Class Barnes, Constable Innes, Dunn and others.
If charge book signed, name and address of persons signing it: Not signed.
Act and Section under which charge laid: Act 40/1900, Section 81.
Offence: On the 22nd day of July, 1937, at Bondi, in the State of New South Wales, did commit an indecent assault upon a male person named, Edwin Oliver Barnes.
DETECTIVE BARNES:—Asking for remand to Redfern on Tuesday 3rd August. Alleged defendant met a boy who was playing truant from school and took him to a cave on beach where the indecent offence is alleged to have been committed. Defendant’s father in court, prepared to offer himself as surety.
Defendant remanded to appear at Redfern Court on Tuesday 3rd August 1937 at 10 am.
Bail allowed. Defendant in £40 with one surety in £40 or two sureties in £20 each.
[Signature illegible], JP.
~ ~ ~ ~ ~
[On depositions’ cover is the following below]
Court. Sydney Quarter Sessions.
Date. 15 September 1937.
Cor. Thomson Ch of Quarter Sessions.
Plea. Not guilty (Sproule)
Verdict. Guilty.
Judgement. 15 months’ hard labour.
Quarter Sessions at Sydney on 3rd 1st September 1937
No 690 of 1937. Deposition.
Rex
v.
William Charles Fleeton.
Indecent assault upon a male person.
Committed at Redfern, on 3rd August, 1937.
~ ~ ~ ~ ~
The Sydney Morning Herald, Thu 16 Sep 1937 2
QUARTER SESSIONS.
(Before Judge Thomson.)
Senior Crown Prosecutor, Mr LJ McKean, KC, instructed by the Clerk of the Peace.
…
15 MONTHS’ SENTENCE.
William Charles Fleeton, 20, labourer, pleaded not guilty to a charge of having, on July 22 last at Bondi, indecently assaulted a male person.
The accused was found guilty, and he was sentenced to 15 months’ imprisonment.
Mr R Sproule, of Messrs RD Meagher, Sproule, and Company, appeared for the defence.
~ ~ ~ ~ ~
William Charles Fleeton, Gaol photo sheet 3
![SRNSW: NRS– [17/1524], State Penitentiary photographic description book, 11 Sep 1937-9 Oct 1937, No. 30566, p. –.](/images/trials/1937-Fleeton-1524-gaol-photo-30566.jpg "SRNSW: NRS– [17/1524], State Penitentiary photographic description book, 11 Sep 1937-9 Oct 1937, No. 30566, p. –.") |
Gaol Photo Sheet - Transcribed Details
Gaol No. 30566
No. 150/19
61184
Date when Portrait was taken: 16-9-1937
Name: William Charles Fleeton
|
Native place: Waverley Year of birth: 24-1-1917 Arrived Ship: Trade or occupation Religion: Methodist Education, degree of: R. & W. Height: 5' 8¼" Weight On committal: 128 Colour of hair: Brown Colour of eyes: Blue |
Marks or special features: Marks nil |
|
(Previous Portrait .. Spec. Photo 586/1937.) CRIMINAL HISTORY |
|||||
| Where and When | Offence. | Sentence | |||
|
Sydney Q.S |
15 |
9 |
1937 |
Indecent assault on a male person |
15 months H.L. |
William Charles Fleeton, 1940
The Sydney Morning Herald, Sat 7 Dec 1940 4
PISTOL UNDER COVER.
———◦———
Book Hiding Place for
Unlicensed Weapon.
————
How the inside of part of a book had been removed to accommodate a pistol was told by a police constable at Paddington police court yesterday.
William Charles Fleeton, 23, labourer, pleaded guilty to having had in his possession in a room at Waverley Crescent, Bondi, an unlicensed pistol. Defendant was fined £20, and Mr Farrington, SM, ordered the pistol to be forfeited.
Constable Moore, of Paddington said that, on November 21, he saw defendant’s brother, who, he had been informed, had discharged a firearm in the yard of the house. Defendant’s brother showed witness the book with the pistol inside it.
Moore said that defendant had said that he bought the pistol about two years ago, and had admitted cutting out the book.
~ ~ ~ ~ ~
Weekly Times, Sat 14 Dec 1940 5
WHAT’S HAPPENED
SINCE LAST WEEK
…
NSW
When Mr Farrington, SM, opened an old library book at Paddington Police Court he found in it a loaded revolver and several bullets. The book and revolver were the property of William Charles Fleeton, 22, laborer, of Bondi. Fleeton was fined £20 for having had an unlicensed revolver.
1 SRNSW: NRS856, [10/38428], Depositions and other papers, Sydney Quarter Sessions, 1937, No. 690.
2 The Sydney Morning Herald, Thu 16 Sep 1937, p. 5.
3 SRNSW: NRS– [17/1524], State Penitentiary photographic description book, 11 Sep 1937-9 Oct 1937, No. 30566, p. –.
4 The Sydney Morning Herald, Sat 7 Dec 1940, p. 20. Emphasis added.
5 Weekly Times, (Melbourne, Vic), Sat 14 Dec 1940, p. 5.