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Newcastle Morning Herald and Miners’ Advocate, Wed 14 Mar 1900 1

NEWCASTLE POLICE COURT
Tuesday, March 13.
(Before Mr C[harles] N[ewton] Payten, SM.)

COMMITTED FOR TRIAL.

    Nicholas Cornelius Weyker was committed for trial at the Maitland Circuit Court on the 3rd prox. for having committed an alleged serious offence on Yoder [aka John] Steene, his shipmate, on board the British-registered Fern Dene [sic], now lying at Carrington.

    The accused was arrested by Constable Turnbull.

~ ~ ~ ~ ~

Depositions for Nicolaas Cornelius Wyker 4 Apr 1900 Maitland trial 2

 


(a) Town.


Letter from Bench of Magistrates at (a) Newcastle

 

transmitting Depositions

(b) Name in full of accused.

in the case Regina v(b) Nicolaas Cornelius Weyker

(c) Offence.

(c) Attempting to commit buggery

 

(d) Town.

Police Office(d) Newcastle

 

13th March 1900

 

Sir,

 

I have the honor, by direction of the Bench of Magistrates,

 

to transmit herewith the Depositions, and other documents in the

(e) Name of accused

case of (e) Nicolaas Cornelius Weyker

(f) “His” or “her”

who has been committed to take (f) his

(g) “Circuit Court,” or 
“Quarter Sessions.”

trial at the (g) Circuit Court

to be held at (h) Maitland

on Tuesday

(h) Town where Court 
to be held.

the 3rd day of April 1900

The accused is (i) confined in the Gaol at Maitland

(i) “Is confined in the 
Gaol at …,” or “has been admitted to bail” (with full particulars as to sureties, addresses, occupations, and amounts, as set out in Recognizance.)

(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) James Turnbull of Newcastle Constable; John Steene, John Spoorendonk, Bert Woerkom all of the ship “Fern Dene”, seaman for the prosecution. The accused gave evidence on his own behalf.

 

(l) Short description to enable identification.

The Exhibits enclosed are (l) There are no exhibits.

 

I have the honor to be,
Sir,
Your obedient Servant,

 

 

[Signed] W[illiam] F[oxton] Robertson

 

Clerk of Petty Sessions

The Secretary,

Attorney General's Department.

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

 

~ ~ ~ ~ ~

NEW SOUTH WALES POLICE.

Carrington Station.
14th March 1900.

North Eastern District,

Report relative to antecedents of:–
Name: Nicolaas Cornelius Weyker
Offence: Indecent assault on a male person.
Committed for Trial at: Maitland Circuit Court
Date: 3rd day of April 1900

    Constable James Turnbull reports:– The above named prisoner is a native of Holland, and at the time of the offence he was employed as ordinary seaman on the British registered ship Ferndene while at Carrington.

    He is a stranger in the Colony and nothing is known of his previous character.

[Signed] James Turnbull, Constable.

1

(M., 1 and 12 Vict., Cap. 42.)

Depositions of Witnesses.

Newcastle
TO WIT.                 }

The examination of James Turnbull of Carrington in the Colony of New South Wales, Constable of Police; John Steene of the ship Ferndene, seaman, John Spoorendonk of the ship Ferndene, seaman; Bert Woerkom of the ship Ferndene, for the prosecution and Nicolaas Cornelius Weyker, the accused, of the ship Ferndene in the said Colony, seaman taken on oath this 13th day of March in the year of Our Lord one thousand nine hundred at Newcastle 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 Nicolaas Cornelius Weyker who is charged this day before me, for that he the said Nicolaas Cornelius Weyker on the 12th day of March instant on board the British registered vessel Ferndene lying at Carrington in the said Colony, did assault one John Steene, with intent, wickedly, and against the order of nature, to commit the abominable crime of buggery with the said John Steene.

2

Nicolaas Cornelius Weyker, 20.

    Attempting to commit the abominable crime of buggery.

    James Turnbull on his oath saith:– I am a Constable of Police at Carrington. At 11.30 pm yesterday from something I was told I went aboard the Ferndene at Carrington. The Ferndene is a British ship. I saw the accused there. I said to him “You are not obliged to say anything but anything you say may be given in evidence against you at your trial.” I said “Did you do anything to this man this morning?”, pointing to Yoder Steene. He said “I got into his bunk.” I said “What else did you do?” He said “I put my thing between his feet.” I said “Anything else?” He said “I lifted his shirt up.” I then arrested him and on the way to the station he said, “Will I get much for doing this thing?” I said “Why did you do it?” He said “I had no money to get a woman.” I then brought him to the station and charged him that he did at Carrington on the 12th instant indecently assault one Yoder Steene, a male person. He did not reply.

    No questions to ask.

[Signed] James Turnbull.

Taken and sworn at Newcastle, this 13th day of March 1900 before.
[Signed] CN Payten, SM.

3

    John Steene on his oath saith:– I am a seaman on the Ferndene. On the night of the 11th instant I went to bed at 11 pm. I went to sleep. I was awakened by someone touching me. I found the accused in my bunk. He had his undertrousers pulled down and his shirt pulled up. He put his cock into my arse. He said “Keep quiet; don’t make a noise” as he did this. I growled at him. He went away and I went to sleep again. While he was in my bunk the 2 persons before the court came to me. They are John Spoorendonk and Bert Woerkom. They did not do or say anything. Accused said in Dutch to me last night when the Constable came to the ship “Don’t make it very much.” Accused did not get into my behind. I burned a light in my bunk all night as a rule but it was put out on this night.

    No questions to ask.

[Signed] Yoder Steene.

Taken and sworn at Newcastle, this 13th day of March 1900 before.
[Signed] CN Payten, SM.

4

    John Spoorendonk on his oath saith:– I am a sailor and belong to the British registered vessel Ferndene. Yesterday morning I was asleep in the fo’castle of the ship. I woke up and saw the accused put the light out and go to John Steene’s bunk. Accused said “Don’t wake the sailor.” Accused had his trousers on. I pulled the accused off Steene. Accused’s trousers were open in front. I did not see his person. Steene said in accused’s presence “He put his cock in my arse.”

    No questions to ask.

[Signed] J Spoorendonk.

Taken and sworn at Newcastle, this 13th day of March 1900 before.
[Signed] CN Payten, SM.

5

    Bert Woerkom on his oath saith:– I am a sailor on the Ferndene. I was on board the night before last. I was awakened by some trouble. I saw accused and Steene. Accused said “Keep quiet, keep quiet don’t wake the sailors.” I struck a light and the accused was in his own bunk. I heard Steene say “He wanted to fuck me.” Accused did not speak.

    No questions to ask.

[Signed] B v Woerkom.

Taken and sworn at Newcastle, this 13th day of March 1900 before.
[Signed] CN Payten, SM.

6

    John Steene recalled on his former oath saith:– I felt the accused’s person touch me [sic] behind. Nothing came from him. I don’t know whether he moved about or not.

[Signed] Yoder Steene.

Taken and sworn at Newcastle, this 13th day of March 1900 before.
[Signed] CN Payten, SM.

7

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

Statement of the Accused.

New South Wales,
TO WIT.                    }

Nicolaas Cornelius Weyker stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 13th day of March in the year of Our Lord one thousand nine hundred for that he, the said Nicolaas Cornelius Weyker on the 12th day of March 1900 aboard the British registered vessel Ferndene lying at Carrington, in the said Colony, did attempt to commit the abominable crime of buggery with one John Steene and the examinations 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 Nicolaas Cornelius Weyker, and the witnesses for the prosecution James Turnbull, John Steene, John Spoorendonk, Bert Woerkom being severally examined in his presence, the said Nicolaas Cornelius Weyker 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 Nicolaas Cornelius Weyker saith as follows:– “It’s not so very bad as he makes it. I will give evidence.”

Taken before me, at Newcastle, in the said Colony, the day and year first above mentioned.
[Signed] CN Payten, JP.

8

    Nicolaas Cornelius Weyker on his oath saith:– I am a sailor on the Ferndene. John Steene is a shipmate of mine. I went to bed the night before last at about 11 pm. I was only lying behind Steene’s back and did not do anything. His shirt was lying up and I took his trousers down.

    By Police: I was not trying to get into Steene, I only put my person between his legs.

[Signed] Nicolaas Cornelius Wyker.

Taken and sworn at Newcastle, this 13th day of March 1900 before.
[Signed] CN Payten, SM.

9

G. 190.

REGINA.
versus
Weyker

Offence,— attempted Buggery
    The accused stands committed to take his trial at the next Court of Gaol Delivery to be holden at Maitland, on the 3rd day of April 1900. Bail allowed the accused in £ and two sureties in £ each, or one in £ Bail not applied for.

[Signed] CN Payten, SM

JP.

Dated at ----- Police
Office, Newcastle
this 13th
day of March
AD 1900
4g 416 - 88

~ ~ ~ ~ ~

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

Recognizance to give Evidence.

New South Wales,
TO WIT.                    }

Be it remembered, that on the 13the day of March in the year of Our Lord one thousand nine hundred James Turnbull a Constable of the Police Force, at Newcastle, John Steene of the ship Ferndene seaman; John Spoorendonk of the ship Ferndene, seaman and Bert Woerkom of the ship Ferndene, seaman 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 above mentioned, at Newcastle in the said Colony, before me.
[Signed] WF Robertson, JP.

The condition of the within written Recognizance is such, that whereas Nicolaas Cornelius Weyker was this day charged before Charles Newton Payten SM Esquire & one of Her Majesty’s Justices of the Peace for the said Colony, with attempting to commit the abominable crime of buggery.

If therefore, they the before mentioned persons shall appear at the next Court of Gaol Delivery to be holden at Maitland in and for the Colony of New South Wales, on the 3rd day of April next, at nine of the clock in the forenoon, and then and there give such evidence as they know, upon and information to be then and there preferred against the said Nicolaas Cornelius Weyker for the offence aforesaid, to the jurors who shall pass upon the trial of the said Nicolaas Cornelius Weyker.

Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] WF Robertson, JP.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Circuit Court.
Maitland
3rd April 1900
AG’s No. 68
Depositions.
CS’s No. 9
Regina
v.
Nicholas Nicolaas Cornelius Wyker
Attempted unnatural offence
Committed at: Newcastle
on: 13th March 1900

~ ~ ~ ~ ~

Plea Not Guilty
Verdict Not Guilty
Prisoner discharged 3 March 1900

~ ~ ~ ~ ~

Mar 12/00 At Newcastle
1 Attempt to commit buggery
2 Indecent assault on male person
[Initialled] C[harles] G[regory] W[ade, Crown Prosecutor]
16/3/00
[Initialled] B[ernard] R[ingrose] W[ise, QC, AG]
22.3.00

~ ~ ~ ~ ~

Justice GB Simpson’s notebook  3

6

[Maitland], 4 April 1900

Regina v Nicolas Cornelius Wyker Wyker (a Dutchman).
1. Assault with intent to commit buggery.
2. Indecent assault by assau a male person.
Defended by RW Thompson (solicitor).

    John Steene. (A Hollander ?). Seaman on steamer Ferndene Holland About 3 weeks ago Newcastle. I went [to] bed in my bunk – forecastle – about 11 at night – other seamen (3) – forecastle – prisoner one of them behind me (?) (?) (?) the (?) Newcastle. Went to sleep (?) (?) woke up about 2 or ½ past. Prisoner made came into my bunk – that woke me up. I was (waxy ?). He put his cock in my arse – I felt it. He put it right in. I was growling. He said keep quiet don’t wake the (sailors ?). I said I don’t want to (?) keep quiet. He got out of the bunk. There were 2 sailors – they came to (the ?) (bunk ?). I spoke to them in Dutch – prisoner was going into his bunk. Police came next night 11 o’clock & took prisoner away. He said to me don’t make it so very bad for me. Prisoner when he came had on undertrousers and undershirt.

    Cross-examined. No light – forecastle. I told the men what that fellow was trying to do to me – I can’t tell how long he was in my bunk. I was lying on my side.

7

I said to prisoner clear out of my bunk. We were talking in Dutch.

    John Spoorendonk. Sailor Dutch doesn’t (Hollander) (I ?) (recollect ?) about 2 o’clock – the morning. I was woke up – didn’t see prisoner. I don’t much speak English well – I know what you say middling. When I woke up lamp was out. I heard that fellow, prisoner say keep quiet don’t wake the sailors (& ?) that’s all I heard. I didn’t [hear] Steene say anything till about 9 o’clock next morning – prisoner didn’t hear what he said. I didn’t do anything anything to prisoner that morning. I am not a friend of his. I didn’t get out of my bunk that night. I got up at six o’clock – or ½ past 6 – (?) I went to Police Court – I didn’t pull prisoner off Steene – Steene said you heard what the fellow did to me – he was in his own bunk. I don’t know if prisoner heard.

    Cross-examined. 10 bunks in forecastle, 2 rows, 1 on top, one underneath. Witness (?) (?) my bunk at right angles – describes how wide about 2 feet. I didn’t hear that Steene & prisoner had a (row ?) on board the steamer – they were not bad friends. I was (awake ?) 10 minutes. Policeman & I & Steene went to (?) today – at police court Newcastle I said I pulled Steene off & that prisoner put the lamp a little down – the lamp was out. I speak not English – I woke up at 2 o’clock. Mosquitoes wouldn’t let me sleep. I didn’t hear next.

    Bert Woerkom. Sailor on Ferndene doesn’t understand English or the administration of the oath. Not sworn.

8

    Constable Turnbull. Carrington. On the night of 12th March (12th believe 12 ?) I went on board Ferndene (to ?) prisoner (?) (?) (understand ?) (me ?) I asked said did you do anything to this man this morning (?) about ½ past 2. After a considerable hesitation he said I lifted his shirt up. I said anything else. I put my thing between his (feet ?). On way to police station he said (?) what will I get for doing this thing. I said why did you do it. He said I had no money to get a woman.

    Cross-examined. Steene told me prisoner had got into his bunk – that he’d lifted his shirt – & undid his (?) & tried to put his cock into him.

    Steene recalled by Thompson. (Said ?) (while ?) I (?) (?) going under I wasn’t (nodding ?) to him & I don’t understand English – I didn’t tell constable all about it. I am not a seaman. Prisoner used (to ?) (give ?) – don’t know what (waxy ?) is – I was good friends with prisoner (that ?) (fellow ?) on the ship – about 2 o’clock the light was all out in the forecastle. (20 ?) (minutes ?)

9

Defence.

    Prisoner. Sailor – I had many a time rows with Steene about obeying my orders. Sometimes we were good friends, sometimes not. I heard what Steene said about what I did. It wasn’t true. I told the constable I got into Steene’s bunk & put my (?) thing between his (?) (feet ?). I told him that because I wanted to get clear of the ship. I was leaning over his bunk to put the ventilator out. I heard Steene had told it all over the ship – & then he went & told the captain. I said don’t make a noise or you’ll wake the sailors up – & he was singing out.

    Cross-examined. He was shouting out (?) talking talking in Dutch. He called out in Dutch something which meant what he says he I was doing. I wanted to leave the ship – to stop a little for (?) – I didn’t want to go back to Holland.

    Daniel Ryan (reporter ?) for Newcastle Herald (?) – When Spoorendonk was in the (box ?) I could see Steene (?) swaying from side to side behind the prisoner. The (eyes ? legs ?) of Steene & witness (wet ?) afterwards. (Mr ?) Steene (?) nodded to the witness –
I (sent ?) a (?) to Mr Thompson.

    Thompson to Jury 20 to 3.
Jury retire 10 past 3.
Return 20 past 4.
Verdict – not guilty.

~ ~ ~ ~ ~

The Maitland Daily Mercury, Tue 3 Apr 1900 4

MAITLAND CIRCUIT COURT.
Tuesday, April 3.

    The April sittings of the Maitland Circuit Court opened at East Maitland this morning, before his Honor Justice Simpson. Mr Cecil Weigall was the Judge’s Associate and Clerk of Arraigns. Mr H Crothers, JP., Deputy-Sheriff, represented the Sheriff. Mr Reginald HL Innes prosecuted for the crown. The other barristers present were– Messrs Walter Edmunds, R Windeyer, and B Cowan. The solicitors in court were– Messrs RW Thompson, JHF Walter, WA Read, WJ Enright, WJ Cragg, TA Hill, and JS Harnett.

    Mr RHL Innes handed in his commission to prosecute for the Crown

    Two jurymen were excused from attendance, on account of indisposition, and a third for business reasons.

    The following justices of the peace were sworn in:– James Moylan, John William Lawrie, George Grey, and Joseph Newman Sivyer.

Wednesday, April 4.
(Before His Honor Justice Simpson.)

    The Court sat until ten minutes past seven, when it adjourned till 9.30 the following morning, one jury being locked up all night.

ALLEGED INDECENT ASSAULT.

    Nicolas Cornelius Weyker was charged with having at Newcastle, on 12th March, attempted to commit a certain unmentionable offence on John Steene. There was a second charge of indecent assault. He pleaded not guilty, and was defended by Mr RW Thompson. One juryman was challenged.

    The Crown Prosecutor outlined the case. Weyker and Steene were both sailors on a ship, the Ferndene, which at that time was lying in Newcastle Harbour. Prisoner was arrested after the alleged offence by Constable Turnbull, with whom he had a conversation. Prisoner also spoke to Steene, asking him to make it light for him.

    John Steene said he was a sailor in the Ferndene with Weyker. They slept in the forecastle with a third man. They were all Dutch. He described the offence, the particulars of which were very disgusting. The police came next night, and arrested Weyker, who asked him not to make it too bad for him.

    John Spoorendonk was aroused on the night in question, and heard prisoner say”Keep quiet, or you will wake the sailors.” – To Mr Thompson: He or Steene had never had a row with Weyker.

    Another witness – Woerkom – was called; but he could understand no English.

    Constable Turnbull saw Weyker on the night of March 12. He asked him about the offence. After hesitating Weyker made a further admission. On the way to the police station Weyker made a certain admission, and asked how much he would get for doing it. – By Mr Thompson: Steene had explained to him what Weyker had done.

    Steene was re-called by Mr Thompson, and denied making any signal to Spoorendonk, while the latter was in the box. He did not remember making any statement to Constable Turnbull. (Witness did not seem to understand this question, for afterwards he told the Crown Prosecutor he remembered the constable.)

    This was the case for the prosecution.

    For the defence.

    Weyker said he had rows with Steene very often. What the latter said was not true. He had spoken to the constable as he had done, because he wanted to get away from the ship. He was closing the ventilator on the night in question, and had spoken to Steene because the latter was making a row, and accusing him.

    Daniel Joseph Ryan, reporter for the Newcastle Herald, stated he saw Steene making signs with his head to Spoorendonk, while the latter was in the box.

    Mr Thompson addressed the jury, arguing that, as there was some difficulty in understanding the evidence of Steene and Spoorendonk, they must give his client the benefit of the doubt, and acquit him. The whole story was one of impossibilities, and very much to be doubted. It was far more reasonable to suppose that Weyker’s story was true – that he had had rows with Steene, and that the latter took the first opportunity of being revenged, regardless of the truth.

    The Crown prosecutor replied; his Honor summed up, revenged the whole of the evidence, and placing the different phases before the jury.

    The jury returned after 65 minutes with a verdict of not guilty on both counts, and the prisoner was discharged.

    The Court will open at 9.30 am tomorrow.

~ ~ ~ ~ ~

Newcastle Morning Herald and Miners’ Advocate, Wed 4 Apr 1900 5

MAITLAND CIRCUIT COURT.
Tuesday, April 3.
(Before His Honor Mr Justice Simpson.)

    The April sittings of the Maitland Circuit Court were opened at the courthouse, Maitland yesterday morning, before his Honor Mr Justice Simpson. Mr Henry Crothers, JP., Deputy-Sheriff, occupied a seat on the bench with his Honor. Mr Cecil Wiegall was Judge’s Associate.

    Mr Reginald HL Innes was Crown Prosecutor, and the barristers present were Messrs Walter Edmunds, R Windeyer, W Cowan; solicitors Messrs RW Thompson, JHF Waller, WJ Enright, TA Hill, WA Read, and WJ Cragg.

ALLEGED SERIOUS OFFENCE.

    Nicholas Cornelius Wegker [sic] was charged with having, at Newcastle, on the 12th March, 1900, attempted to commit a serious offence. Accused pleaded not guilty, and was defended by Mr RW Thompson. The evidence showed that the alleged offence was committed on board the SS Ferndene, at the Carrington dyke, Newcastle. The defence was a denial of guilt.

    Mr Thompson and the Crown Prosecutor having addressed the jury, his Honor summed up. The jury retired to consider their verdict, and after an hour’s deliberation returned with a verdict of not guilty. The prisoner was discharged.

~ ~ ~ ~ ~

The Sydney Morning Herald, Wed 4 Apr 1900 6

CIRCUIT COURT.
———◦———
EAST MAITLAND.
———

East Maitland, Tuesday.

    The Circuit Court opened here this morning before Mr Justice GB Simpson. Mr Reginald HL Innes was Crown Prosecutor.

    Nicholas Cornelius Weyker was charged with having, ast Newcastle, attempted to commit an assault. He pleaded not guilty, and was defended by Mr RW Thompson. Accused was acquitted, and was discharged.

~ ~ ~ ~ ~

The Maitland Weekly Mercury, Sat 7 Apr 1900 7

MAITLAND CIRCUIT COURT.

ALLEGED INDECENT ASSAULT.

    Nicolas Cornelius Weyker was charged with having, at Newcastle. on 12th March, attempted to commit a certain unmentionable offence on John Steene. There was a second charge of indecent assault. He pleaded not guilty, and was defended by Mr RW Thompson. One juryman was challenged.

    The Crown Prosecutor outlined the case. Weyker and Steene were both sailors on a ship, the Ferndene, which at the time was lying in Newcastle Harbour.

    The jury found a verdict of not guilty on both counts, and the prisoner was discharged.

 


1     Newcastle Morning Herald and Miners’ Advocate, Wed 14 Mar 1900, p. 3.

2     SRNSW: NRS880, [9/7010], Supreme Court, Papers and depositions, Maitland, 1900, No. 68. Emphasis added.

3     SRNSW: NRS7678, [2/6817], Judiciary, GB Simpson, J. Notebooks Circuit Courts, 1895-1909, pp. 6-9. Emphasis added.

4     The Maitland Daily Mercury, Tue 3 Apr 1900, p. 2. Emphasis added.

5     Newcastle Morning Herald and Miners’ Advocate, Wed 4 Apr 1900, p. 7.

6     The Sydney Morning Herald, Wed 4 Apr 1900, p. 10.

7     The Maitland Weekly Mercury, Sat 7 Apr 1900, p. 5.