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1901, William Cruden - Unfit For Publication
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The Sydney Morning Herald, Sat 9 Feb 1901 1

POLICE COURTS.


    At the Newtown Police Court yesterday, … before Mr [Francis Sheriff] Isaacs, SM., William Cruden, aged 18, was charged with having at Hurstville, on January 31, committed a crime of a serious nature. He was committed for trial at the next Court of Gaol Delivery at Darlinghurst. Bail was allowed.

~ ~ ~ ~ ~

Depositions for William Cruden 26 Feb 1901 Sydney trial 2
 


(a) Town.


Letter from Bench of Magistrates at (a) Police Court Newtown

 

transmitting Depositions

(b) Name in full of accused.

in the case Regina v(b) Wm Cruden

(c) Offence.

(c) Bestiality

 

(d) Town.

Police Office(d) Newtown

 

9 February 1901 

 

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) William Cruden

(f) “His” or “her”

who has been committed to take (f) his

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

trial at the (g) Gaol Delivery

to be held at (h) Darlinghurst

on Monday

(h) Town where Court 
to be held.

11th day of February 1901

The accused is (i) has been admitted to Bail self in £80 & Wm Cruden of 25 Simmons Gibbs st, Newtown, Clerk & George Gray of 31 Simmons st, Newtown, Clerk in the sum of £40 each

(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) Joseph Meyer & John Sidney Elder of Helena Stocks & Matilda Perry. The Doctors have been warned to attend.

 

(l) Short description to enable identification.

The Exhibits enclosed are (l) with the Police

 

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

 

 

[Signed] Henry B[ede] Sullivan JP

 

Acting Clerk of Petty Sessions & Chamber Magistrate

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

 

~ ~ ~ ~ ~

No. 12 Station
February 10th 1901

    Application for a Crown subpoena re William Cruden, committed to next Gaol Delivery on a charge of bestiality.
Sergeant Joseph Meyer respectfully begs to apply for a Crown Subpoena to be served on Donald McBean of Forest Road Hurstville, who was present when the accused made the statement, that he had been assaulted and drugged by a man. He also saw accused in the wash house of Mr Bibbs, where he had been washing his shirt and trousers.

    McBean’s name was mentioned in the Lower Court by two other witnesses.

[Signed] Joseph Meyer, Sergeant.

~ ~ ~ ~ ~

NEW SOUTH WALES POLICE.

No. 12 Station.
February 10th 1901.

Metropolitan District,

Report relative to antecedents of:–
Name: William Cruden
Offence: Bestiality
Committed for Trial at: Newtown to the next Gaol Delivery.
Date: February 11th 1901

    Sergeant Joseph Meyer reports:– That he has made careful enquiries re the above-named accused and finds that he is an apprentice to the plumbing trade and in the employ of John S Elder of Bexley who speaks highly of him. He also held the position of Sunday School teacher for several years.
[Signed] Joseph Meyer, Sergeant.

1

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

Depositions of Witnesses.

New South Wales, Newtown
TO WIT.                                   }

The examination of Joseph Meyer, Sergeant of Police of Newtown in the Colony State of New South Wales, Medical Practitioner of Forest Road Hurstville, single Robert Thomson Paton, of 1 Richmond Terrace Domain, Government Medical Officer, Helena Stocks of Ethel Street Carlton, married and Reginald Jeffrey Millard of the Board of Health, Sydney in the said Colony State, Legal Practitioner taken on oath this 8th day of February in the year of Our Lord one thousand nine hundred and one at the Police Court, Newtown in the Colony State aforesaid, before the undersigned, a Stipendiary Magistrate and one of His Majesty’s Justices of the Peace for the said Colony State, in the presence and hearing of William Cruden who is charged this day before me for that he the said William Cruden on the 31st day of January 1901 at Hurstville in the said State, wickedly and against the order of nature carnally knew a duck, and did commit with the said duck the abominable crime of buggery.

2

8th February

WILLIAM CRUDEN 18

82

did on the 31st day of January 1901 at Hurstville wickedly and against the order of nature carnally know a duck and did commit the abominable offence of buggery.

    On application of Police the accused is remanded till Wednesday Friday next. Bail allowed, self in £40 and two sureties in £20 each.
Newtown 2/2/01

[Signed] FW Edwards, SM.
Warrant 2.1.01 Bail 2.15 pm 2.1.01

3

This deponent Reginald Jeffrey Millard on his oath saith as follows:–

    I am a legally qualified Medical Practitioner and Assistant Medical Officer at the Board of Health, Office Sydney. On the 5th instant I received a parcel containing a shirt, waistcoat, pair of trousers and pair of braces from the Police. I looked for blood stains on the clothing and on the right leg of trousers and on the braces. I found certain stains which appeared like blood. I cut out the portions and subjected them to tests and the result showed that the stains were undoubtedly blood and the blood corpuscles were not mammalian blood. They were oval, nucleated blood and resembled in size and shape the corpuscles of the blood of a duck. I procured a duck and examined some of its blood to be sure. I produce the parcel now containing the clothing.

4

    To Mr Frawley: The Officer who gave me the clothing told me a man was charged with committing an offence with a duck. I could only say the blood was not mammalian and that the corpuscles in size resembled those of a duck. After a duck is dead you could get enough blood to produce stains at any time up to decomposition.

[Signed] RJ Millard.

Taken and sworn at Newtown Police Office, this 8th day of February 1901 before me.
[Signed] FS Isaacs, SM.

5

This deponent Joseph Meyer on his oath saith as follows:–

    I am a Sergeant of Police at Marrickville. At about 6.30 pm on the 1st instant I met the accused on the platform of St Peters Railway Station and said “Is your name Cruden?” He said “Yes.” I said “Are you the young man who was assaulted at Mr Bibby’s house at Hurstville?” He replied “Yes.” I said “Well just tell me exactly what took place and what was done, I am a Police Officer and have been sent to investigate the matter. I called at Hurstville this morning but missed you.” He said “Well, I’ll tell you. About 8.30 or 9 yesterday morning I was soldering some tanks at Mr Bibby’s house at Hurstville when a tall stout man came to me. He was about 6 feet high with black hair and beard and a very long moustache. He said to me “Will you have a drink?” I said “It all depends on

6

what kind of a drink it is.” He said “It is a good drink. It is my own make. I always have it with me when I’m travelling.” He pulled a bottle out of his pocket. It contained something and the man had a drink of it. Then he shook the bottle and handed it to me. I had a drink and it tasted like whisky. As soon as I swallowed it I became unconscious and fell to the ground. The man then kicked me in the privates and other parts of the body. I was bleeding very much from my privates. I got up and ran into the next yard. I remember that well, but I can’t account for how I got into the fowl house. The next I remember was a young lady at the house speaking to me in the fowl house. She asked what I was doing there. I said I was looking at the chickens and she asked me what was up, saying I was smothered in blood. I said “A man came in and assaulted and kicked me. Just have a look

7

over the other side and see if you can see him.” She went away to look and I got out of the fowl house and washed my shirt and trousers. Shortly after a man came in. I think it was the butcher and a young woman and the young lady also came. I told them the same story that I have told you. I reported the matter to the Police and saw Sub-Inspector Stanwix last night and told him all about it and I got a warrant this morning at Newtown for a man, name unknown, for assaulting me. I said “Have you any marks on your body to show that you were kicked?” He said “No, I have no marks on me.” I said “That is a very strange story, that you were kicked and not have any marks.” He said “I have just a slight scratch on my privates but it could not bleed like that.” I said “It is a serious matter. You had better come to Marrickville Station to investigate it.” I said to him, “I may as well tell you at

8

once, we don’t believe one word of your story. You have not told me anything about the duck that was found in the fowl house dead, close to you.”

    To Mr Frawley: (I thought at this time that accused had interfered with a duck that was found dead.) Accused said “Are you cross-questioning me now?” I said “I asked you a question but perhaps it would be better not to say anything at all.” We went along for some short distance and I said “Oh, I might as well tell you the truth of it. I have told you a lie.” I said “I thought so, but before you say anything let me tell you not to expect any favour or promises or if you say anything that might incriminate you on a charge I may have to give evidence about it in Court.” He said “All right, I understand.” I went to work at Bibby’s place yesterday morning and I had a desire to have some whisky. I saw some bottles on a shelf in the wash house, one

9

had something in it. I smelled it and it smelled like whisky. I drank some of it and it made me stupid. I went into next door and into the fowl house. I got hold of a duck.” I said “Yes, what did you do with it?” He said “I had connection with it.” I said “Did you use a knife at all on the duck?” He said “No, I forced it.” I said “Why did you wash your clothes?” He said “I did not like to take it home to my mother and let her see the blood stains on the parts where they were.” I said “What made you tell the story in the first instance?” He said “Well, I was found in the fowl house by a young lady. I did not know what to say, and I told that story and had to keep to it.” I then charged him at Marrickville Station for that he did on the 31st January against the order of nature carnally knew one duck and commit the abominable crime

10

 of buggery. He made no reply to the charge. On the following morning I procured the trousers, waistcoat and shirt and braces, the trousers and waistcoat he was wearing at the time and he admitted having worn them on the day the young lady saw him in the fowl house. I saw the suck on the morning of the 1st instant still in the fowl house, it was a white coloured duck and the back portion of it was covered with blood, the back part of the duck seemed to have been all torn.

    To Mr Frawley: Constable Walker was with me when I had the conversation with the accused and he heard the lot of it. My intention at first in taking accused to the station was to put questions to him before the Sub-Inspector to whom he had made another statement. I did not tell the accused he would get off under the Fugitive Offenders Act. I did not tell anyone that accused had been seen in the fowl house by Miss Perry with his clothes

11

disarranged. I took possession of the duck over 2 days after the commission of the offence. I don’t know the accused.

[Signed] Joseph Meyer, Sergeant.

Taken and sworn at Newtown Police Office, this 8th day of February 1901 before me.
[Signed] FS Isaacs, SM.

12

This deponent Matilda Perry on her oath saith as follows:–

    I live at Forest Road Hurstville. I am single and am living with my mother. I know the accused. I think he is the same boy, last week he told me he was employed by Mr Eldon at Bexley and he was working next door to me at Mr Bibby’s house. Yesterday week I went into the outhouse and saw accused in the fowl house. He was sitting down on a box. His face was very dirty and his clothes were dirty and what I took to be blood was on the front of his shirt. I asked him what he was doing there and he told me he was looking at the chickens. I asked was not he from next door, he said yes. I asked what was the matter with him. He said he had been beaten and knocked about by a man who had given him some stuff to drink. I said “Where’s the man now?” He said “I think he is over there somewhere

13

waiting about for me,” and he asked me to look over the fence. I looked over the fence but could not see anyone and called out. I went then to Mrs Stock’s. It was a quarter of an hour before I came back. Accused was talking to Mr McVean when I and Mrs Stocks came up. His clothes were washed then. His trousers were wet but he had no shirt on then, only a flannel. After I came back I saw the white duck dead in the fowl house and there was some blood on it. It was Mr Cobcroft’s duck and it was running with ours.

    To Bench: I did not notice the duck before that.

[Signed] Matilda Perry.

Taken and sworn at Newtown Police Office, this 8th day of February 1901 before me.
[Signed] FS Isaacs, SM.

14

This deponent Robert Thomson Paton on his oath saith as follows:–

    I am a legally qualified Medical Practitioner and Government Medical Officer of Sydney. On Saturday February the second at 1 Richmond Terrace Domain about 1.30 pm I received from Sergeant Meyer the body of a white domestic duck for examination. The duck was decomposed, the feathers under the tail were stained with blood and it was covered with maggots. I washed away the maggots and blood and found the Cloaca to be distended and torn, it was distended to the extent of admitting the points of two fingers. The condition that I saw could have been caused by any rigid body being forced into the Cloaca, the cloaca seemed to be distended with tears and circular. The cloaca is the common passage under the duck’s tail.

15

    To Mr Frawley: Accused could have produced that with his fingers, from the bleeding I would say it was caused when the duck was alive. It is possible for the cloaca to be distended after death, and blood would come immediately after death. The blood I saw came from the tears and it is possible that the blood came immediately after death. By saying immediately, it might be that blood could run 5 or 10 minutes after death. The duck was too decomposed to examine if there was semen in the duck. A person of accused’s age could have connection with a duck, so long as the point of the penis could enter the cloaca of a duck he could effect his purpose. When I saw the duck, from its appearance it might have been dead from two to four days.

[Signed] RT Paton.

Taken and sworn at Newtown Police Office, this 8th day of February 1901 before me.
[Signed] FS Isaacs, SM.

16

This deponent Helena Stocks on her oath saith as follows:–

    I am married living with my husband at Ethel Street, Carlton. On the 31st January last, a Thursday, Miss Perry came over to my place and told me something and I went to her home with her. When I got there I saw accused next door in Mr Bibby’s yard. Mr McVean, a butcher, was there then. I heard accused say he had been ill used, that some man gave him something to drink and made him unconscious and then he beat him. He had a singlet and trousers on, the trousers were wet. I saw a duck in the fowl house at Mrs Perry’s, it was dead.

[Signed] Helena Stocks.

Taken and sworn at Newtown Police Office, this 8th day of February 1901 before me.
[Signed] FS Isaacs, SM.

17

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

Statement of the Accused.

 

New South Wales, Newtown
TO WIT.                                   }

William Cruden stands charged before the undersigned, one of His Majesty’s Justices of the Peace in and for the Colony State aforesaid, this 8th day of February in the year of Our Lord one thousand nine hundred and one for that he, the said William Cruden on the 31st day of January at Hurstville in the said Colony State, wickedly and against the order of nature carnally knew the a duck and did commit with the said duck the abominable crime of buggery 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 suck examination has been so completed; and I, the said Justice, having also stated to the accused and given him clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall say may be given in evidence against him upon his trial, notwithstanding such promise or threat; and the said charge being read to the said William Cruden, and the witnesses for the prosecution Joseph Meyer, Matilda Perry, Helena Stocks, Robert Thomson Paton, Reginald Jeffrey Millard being severally examined in his presence, the said William Cruden 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 William Cruden saith as follows:– “I reserve my defence.”

Taken before me, at Newtown, in the said Colony State, the day and year first above mentioned.
[Signed] FS Isaacs, PM.

18

G. 190.

REGINA.
versus
Wm Cruden

Offence,— Bestiality

    The accused stands committed to take his trial at the next Court of Gaol Delivery to be holden at Darlinghurst, on the 11th day of February 1901 . Bail allowed the accused in £80 and two sureties in £40 each, or one in £80

[Signed] FS Isaacs, SM

JP.

Dated at Newtown Police
Office, Newtown
this eighth
day of February
AD 1901
4g 416 - 88

19

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

 Recognizance to give Evidence.

New South Wales, Newtown
TO WIT.                                   }

Be it remembered, that on the 8th day of February in the year of Our Lord one thousand nine hundred and one Joseph Meyer a Sergeant of the Police Force personally came before the undersigned, one of His Majesty’s Justices of the Peace for the State of New South Wales, and acknowledged himself to owe Our Sovereign Lord the King the sum of

FORTY POUNDS

of good and lawful money of Great Britain, to be made and levied on his Goods and Chattels, Lands and Tenements, to the use of our said Lord the King his Heirs and Successors, if he the said before mentioned person shall fail in the condition indorsed.

[Signed] Joseph Meyer.

Taken and acknowledged, the day and year first above mentioned at Newtown in the said State, before me.
[Signed] Henry B Sullivan, JP.

The condition of the within written Recognizance is such, that whereas William Cruden was this day charged before Francis Sheriff Isaacs, Esquire a Stipendiary Magistrate in and for the Metropolitan Police District and one of His Majesty’s Justices of the Peace for the said State, with bestiality.
If therefore, he the before mentioned person shall appear at the next Court of Gaol Delivery to be holden at Sydney in and for the State of New South Wales, on the 1th day of February 1901at nine of the clock in the forenoon, and then and there give such evidence as he know, upon an information to be then and there preferred against the said William Cruden for the offence aforesaid, to the jurors who shall pass upon the trial of the said William Cruden.
Then the said Recognizance to be void, or else to stand in full force and virtue.

[Signed] Henry B Sullivan, JP.

20

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

Recognizance to give Evidence. 3

New South Wales, Newtown
TO WIT.                                   }

Be it remembered, that on the 8th day of February in the year of Our Lord one thousand nine hundred and one 1 John Sydney Elder of Monomeeth Street, Bexley in the State of New South Wales, licensed plumber personally came before the undersigned, one of His Majesty’s Justices of the Peace for the State of New South Wales, and acknowledged himself to owe Our Sovereign Lord the King the sum of

FORTY POUNDS

of good and lawful money of Great Britain, to be made and levied on his Goods and Chattels, Lands and Tenements, to the use of our said Lord the King his Heirs and Successors, if one Matilda Perry and Helena Stocks shall fail in the condition indorsed.

[Signed] John Sydney Elder.

Taken and acknowledged, the day and year first above mentioned, at Newtown in the said State, before me.
[Signed] Henry B Sullivan, JP.

The condition of the within written Recognizance is such, that whereas William Cruden was this day charged before FS Isaacs, Esquire, a Stipendiary Magistrate in an for the Metropolitan Police District and one of His Majesty’s Justices of the Peace for the said State, with bestiality.
If therefore the said Helena Stocks and Matilda Perry shall appear at the next Court of Gaol Delivery to be holden at Sydney in and for the State of New South Wales, on the 11th day of February 1901, 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 William Cruden for the offence aforesaid to the jurors who shall pass upon the trial of the said William Cruden.
Then the said Recognizance to be void, or else to stand in full force and virtue.

[Signed] Henry B Sullivan, JP.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Central Criminal Court.
Sydney.
11 February 1901
AG’s No. 11 32
Depositions.
CS’s No. 11.
Regina Rex
v.
William Cruden - on Bail
Bestiality
The Crown Solicitor (Criminal Branch)
15 Feb 1901
[Initialled] C[harles] E[dwin] P[arkinson, Chief Clerk]
Committed at: Newtown PO
on: 8th February 1901

~ ~ ~ ~ ~

Jan 3/1901 at Hurstville
Buggery
[Initialled] C[harles] G[regory] W[ade, Crown Prosecutor]
12/2/01
[Initialled] B[ernard] R[ingrose] W[ise, QC, AG]
15.2.01

~ ~ ~ ~ ~

Dr Millard and Dr Paton not bound over.
Subpoenas issued 26.0.01

~ ~ ~ ~ ~

The Daily Telegraph, Wed 27 Feb 1901 4

CENTRAL CRIMINAL COURT.
(Before Mr Acting-Justice [RW] Pring and Juries.) 5

    Mr CG Wade prosecuted for the Crown.

AN ACQUITTAL.

    A young man named William Cruden pleaded not guilty to a charge of assault. Mr JC Gannon (instructed by Mr JW Abigail) appeared on behalf of the accused.

    The jury returned a verdict of not guilty , and the accused was discharged.

~ ~ ~ ~ ~

The Sydney Morning Herald, Wed 27 Feb 1901 6

CENTRAL CRIMINAL COURT.
(Before Mr Acting-Justice Pring and juries.)

    Mr CG Wade Crown Prosecutor.

ACQUITTAL.

    William Cruden, a young man, pleaded not guilty to a charge of assault of a serious matter. He was defended by Mr JC Gannon, instructed by Mr JW Abigail.

    The case concluded at 5.30 pm. At 6.15 pm the jury returned into the Court to ask a question. At 6.30 pm they returned a verdict of not guilty, and accused was was [sic] discharged.

    The Court adjourned to the following day.

 


1     The Sydney Morning Herald, Sat 9 Feb 1901, p. 7.

2     SRNSW: NRS880, [9/7013], Supreme Court, Papers and depositions, Sydney, Feb 1901, No. 32. Emphasis added.

3     Three ‘Recognizance to give Evidence’ were included with this case they have been combined into one.

4     The Daily Telegraph, Wed 27 Feb 1901, p. 10.

5     Acting-Justice RW Pring’s notebook could not be located at SRNSW.

6     The Sydney Morning Herald, Wed 27 Feb 1901, p. 4.