Matthew Johnson and Frank Quincey, 1879 ¹

 

The Sydney Morning Herald, Sat 12 Jul 1879 ²

POLICE.
———◦———

…
    At the CENTRAL POLICE COURT, yesterday [Friday 11 July] The Police Magistrate was assisted by Messrs Jolly, Reading, Skarratt, and Thomas; and in the Summons Court by Messrs Neale, Blair, Barden, Alexander, Hart and Bull.
…
    Two persons, charged with a indictable offence, under remand from Friday last week, were called up. Mr Jolly said it was not convenient to the magistrate seised of the case either to return after the adjournment for luncheon or attend on any day earlier than Friday next. The prisoners would, therefore, stand remanded for another week. They were allowed bail if they can find satisfactory sureties.

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The Sydney Morning Herald, Thu 17 Jul 1879 ³

POLICE.
———◦———

    At the CENTRAL POLICE COURT, on Tuesday [15 July] the Police Magistrate was assisted by Messrs Helsham, Neale, Bailey, Dean, Martin Murray, Butchart, and Moses; and in the Summons Court, by Messrs Smart, Charlton, Lipman, Hart, Nelson, McBeath, Bull, Perdriau, and Fremlin.
…
    Matthew Johnson and Frank Quincy alias Wilson, charged with the commission of an unnatural offence, were committed for trial at the Central Criminal Court.

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Justice WC Windeyer’s Notebook ^{4  5}

8

[Central Criminal Court, August 11th, 1879]

Matthew Johnson and Frank Quincey, alias Wilson – Buggery

Mr Buchanan appears for Quincey
Quincey challenges 11
Pitcairn states case.

    Joseph Hayes. Constable. Remembers morning of 6 July walking along York Street with Constable Howarth. Opposite (Johnson’s temperance house ?) attention attracted by some one saying “take me easy” slipped behind, whispering at end of passage between Forbes Hotel [48 York Street – corner King & York Streets] & [W Johnston, Boarding] house, [50-52 York Street] watched it on a clear moonlight night, we could see the (?) of a man’s body apparently having (connection ?) with a (woman ?). I opened the gate went (?) (?) (?) saw Quincey with his trowsers down. Also Johnson

9

with trowsers down. Quincey leaning forward in a stooping position, he was (?) on ground at the side wall, Johnson with his fore front against his back. Johnson was moving. I saw the motions before I left the street. I was then in passage. Johnson turned round & tried to fasten up his trowsers. Quincey sat down on his heels & hung his head down. Then about halfway down the passage. Quincey tried to fasten his trowsers. I then arrested them, Johnson struck at other constable, tried to bite me. He struggled, I had to strike him. He resisted violently. Quincey tried to rush past, he was not violent. I whistled & another constable came. Johnson said he met Quincey at a public house, that they had a drink together & that Quincey proposed to take him where his

10

(mother ? master ?) lived, that he went with him & that when they got down the passage Quincey put his hands on his private parts & he told him not to come so near.

    By Buchanan. 20 to 3 in morning, two gates one at street, a door at the end. I opened gate, heard something before I opened it. Gate low, about 3½ feet high. Can see over it. Quincey tried to get over the door at end of passage 5 ft. high. Passage 9 yds. long, 9 or 10. They were not at the very bottom. 3 or 4 ft. from bottom. We walked 4 yds. down, they were not disturbed till we were halfway down. Quincey was leaning forward. I saw Johnson’s private parts when he was standing against the wall (but ?) when 4 yds. from him his penis seemed to be in a state of erection I had not much time to look as he turned (? ?). I swear it seemed to be in a state of erection.

11

    I saw Quincey once before when he was given in charge for stealing a hat. He was not prosecuted. Quincey was sober & Johnson – had drink taken but he was not drunk. I struck Johnson & Quincey when he tried to rush past me. He was taken to Infirmary with a wound on his head. Johnson took baton, not by my hand. I can not say how he got the wound. He was not staggering, very drunk.

    By Johnson. You were not (?), your self. I did not say you must come along with me & had no (?).

    Constable David Dyson. Constable in (Sydney ?). Remember 6th July in company with Hayes going along York Street. Opposite Johnson’s Temperance house heard whispering, heard some one say “Take it easy or Take me easy.” Proceeded very cautiously to top of passage, stood there. Prisoners could not see us in the

12

position we were in. Johnson had his forefront to Quincey’s hindpart, Johnson moving. We opened gate. Johnson left go of Quincey. Johnson stepped back against the wall. Quincey stooped down, trowsers down. I arrested Johnson, he commenced to resist. I called on Hayes to assist. Johnson was very violent. They appeared to be having connection.

    Cross-examined by Buchanan. No one has spoken to me about the evidence given in court. They were about 8 or 9 yds. from us when we first saw them. I heard the word “easy”. I heard whispering. They had their heads turned away. They might have seen us if they had looked round. When we opened the gate Johnson let Quincey go. I think the opening of the gate disturbed them.

13

    I saw the privates of Johnson when he stepped back against the wall. He tried to button up his trowsers, shoving shirt inside his trowsers. It was sticking out erect the time I saw it. I swore so at the PO [Police Office]. That is my signature.

    Deposition put in & read (nothing is said in deposition as to his penis being erect). No one has alluded to it since the other witness gave his evidence. Hayes took his batten out first. He drew it out when I called. I [did] not strike Quincey on head. I struck him on his hand.

    Quincey did not say anything when he was charged with it at the station.

    Cross-examined by Johnson.

    By me. Quincey appeared to be sober. No smell of liquor on him when I took him to the station. Johnson appeared to be sober, he might have been drinking.

14

    Dr [Myles] Egan. Examined Quincey a few days after, 4 days after – at Infirmary. I found very (faint ?) distension of the anal ring, an unnatural (fluculity ?) of the parts, no (contractability ?) of muscles, a warty excrescence surrounding the anus & inside that an eruption of a pimply nature. I came to the conclusion that anus had been used for unnatural purposes – that he was addicted to unnatural practices.

    Cross-examined by Buchanan. I know from Police he was (?), House (manager ?) called my attention to him. Pimples might be caused by illness, warty excrescence caused by syphilis or gonorrhoea – they are a local complaint, not caused by piles he may (have ?).

    Cross-examined by Pitcairn. From the general appearance of him no (doubt ?).

15

    Dr Way. Examined 2 prisoners on night of 6th July 12 or 1 o’clock. Frank Quincey suffering from cut on hand. Examined Quincey, found no traces of seminal effusion. I then examined his fundament & found the anus very dilatable, surrounding parts (?) tumulus, (harsh ?) (?) of a (?) (?) (?) anus flaccid, these appearances indicative of disease. The result of irritation, perhaps of syphilis. My (experience ?) is very limited, but I should say if you wish for an opinion of the anus that he had been abused (that ?) was the anus.

    Cross-examined by Buchanan. They did not suggest to me any (?) (?) (?). I am not sure whether warty excrescences, believe they were the result of syphilis but I believe not of hereditary syphilis.

16

    Johnson – has no witnesses to call & simply says he is not guilty.

    Buchanan to Jury. Puts in written characters for Quincey. From a City Missionary (Bowsmaker ?). From a lady, character 6 years old Margaret (Pownell ?) (also ?) (written ?) character (?) Reynolds landlord. (?) as to indicting on the (?).

    Mr Hough. Clergyman of Church of England. Has known Quincey for 12 months. I saw him repeatedly (?) (?) once requested me to visit his mother, seemed to be working supporting his mother.

    John [Hynes] Day. Senior Constable Police. Quincey charged by (?) of (?) by

17

a man of (sail ?) with representing himself to be a woman & wanting to take him into the domain for immoral purposes, saying he was a woman in a man’s clothes, (?) men of (?) were (hunting ? hurting ?) him along George Street & I caught him, brought him to No. 4 Police station. Sailor charged him in his presence with representing himself to be a woman in man’s clothing & that he wanted him to go into the domain with him. Charge not heard.

    By Buchanan. There was no act committed, could do nothing we thought.

    Buchanan to Jury – If you believe doctors, bound to convict capital charge. (direct ?) (against ?) constable because he (did ?) not state at PO (he ?) was erect. As to Johnson (striking ?) Quincey by mistake – police were telling lies.

18

  Verdict. Both prisoners guilty of attempt to commit the offence.

  Sentence. Two years imprisonment Darlinghurst Gaol.

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The Sydney Daily Telegraph, Tue 12 Aug 1879 ⁶

CENTRAL CRIMINAL COURT.

    The quarterly sittings of the Central Criminal Court were opened yesterday. His Honor Mr Justice Windeyer took his seat on the bench a little before 11 o’clock. Mr E Lee (who was present in his capacity of Crown-persecutor), in a few well-chosen words, expressed the pleasure he felt at his Honor’s elevation to the bench. His Honor returned thanks for the expression of good-will and flattering reception accorded him, and said it was similar to what he had received that morning at the Supreme Court. The bar was represented by Mr David Buchanan, Mr Foster, Major Clementi, and Mr Armstrong.

    JURORS FINED.– The following jurors were absent when their names were, and his Honor fined them each £2 each:– Frederick Lovett, John Ellis, F Wilson, Samuel Stokes, John Cliff, and Ellis Dunrich.
…
    UNNATURAL OFFENCE.– M Johnson and F Quincy, alias Wilson, charged with committing an unnatural offence, pleaded not guilty. Mr Buchanan appeared on behalf of the prisoner Quincy. The jury found prisoners guilty of attempt only, and they were respectively sentenced to two years’ imprisonment in Darlinghurst gaol.

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The Sydney Morning Herald, Tue 12 Aug 1879 ⁷

CENTRAL CRIMINAL COURT.
MONDAY. [11 August 1879]
(Before his Honor Mr Justice Windeyer.

    Mr Edward Lee and Mr Pitcairn prosecuted for the Crown; and a list of 30 cases was submitted to his Honor for trial.

    Mr Lee congratulated his Honor on his recent elevation to the Bench, and expressed the belief that his Honor’s large experience and extensive knowledge would be of great service to the country. His Honor briefly replied to the compliment tendered to him, and said it was a repetition the flattering reception he had been favoured with at the Supreme Court that morning on being sworn in.

JURORS FINED.

    Frederick Layett, John Ellis, Fielden Wilson, Samuel Stokes, John Cliff, and Ellis Dunrich, jurors, were each fined £2 for non-attendance.
…

CAPITAL CHARGE.

    M. Johnson, a Russian Finn, and F. Quincy, [aka Frank Wilson; Quincey] young men, were charged with having committed a capital offence in York-street, on July 6. Mr Buchanan defended Quincy. The prisoners were each found guilty of the attempt. They declared their innocence, and Quincy produced written testimonies of his good character from a city missionary. A clergyman of the Church of England also spoke in his favour. Quincy said that the story against him was a fabrication from beginning to end. He declared, with tears in his eyes, that he was willing to die, and would rather that his Honor passed sentence of death upon him and that he should be hanged at once than live under the disgrace attending his conviction.

    His Honor concurred in the verdict, and sentenced each prisoner to two years’ hard labour in Darlinghurst gaol. 

    The Court was then adjourned until the following day.

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The Maitland Mercury and Hunter River General Advertiser, Thu 14 Aug 1879 ⁸

CENTRAL CRIMINAL COURT.
(From the Echo.)
————
MONDAY, AUGUST 11.
(Before his Honor Mr Justice Windeyer.)

    Mr Edward Lee and Mr Pitcairn prosecuted for the Crown; and a list of 30 cases was submitted to his Honor for trial.

    Mr Lee congratulated his Honor on his recent elevation to the bench, and expressed his belief that his Honor’s large experience and extensive knowledge would be of great service to the country. His Honor briefly replied to the compliment tendered to him, and said it was a repetition of the flattering reception he had been favoured with at the Supreme Court that morning, on being sworn in.
…
    M Johnson, a Russian Finn, and F Quincy, young men, were charged with having committed a capital offence in York-street, on July 6. Mr Buchanan defended Quincy. The prisoners were each found guilty of the attempt. Both declared their innocence. Testimonials as to character were given with respect to Quincy. The prisoners were each sentenced to two years’ hard labour in Darlinghurst gaol.

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Australian Town and Country Journal, Sat 16 Aug 1879 ⁹

SWEARING-IN THE NEW JUDGE. 
————

    The official swearing in of Mr WC Windeyer as a Judge of the Supreme Court, took place on Monday [11 August, 1879] in the Banco Court, before their Honors Mr Justices Hargrave, Faucett, and Manning (on the bench) and a large assemblage of both branches of the legal profession. The gallery of the Court also was filled with people. The following barristers were present:—Messrs MH Stephen, QC, FM Darley, QC, GM Stephen, Foster, Simpson, Cansdell, Sir G Innes, Davis, Lee, Rogers, CJ Manning, Dr Patterson,, Bennett, Pilcher, Pitcairn, Fitzhardinge, Want,, CB Stephen, Knox, Irving, Cohen, Merewether, Barton, Watkins, Linklater, Teece, Dr Sly, Heydon, Backhouse, Smythe, H Manning and Clementi. The Hon James Watson )Colonial Treasurer) and the Hon FB Suttor (Minister for Justice and Public Instruction) were also present. His Honor Mr Justice Windeyer occupied a seat on the Bench next to his Honor Mr Justice Hargrave. The Court was duly opened by the court-crier making the usual proclamation. The prothonotary (Mr TM Slattery) then read the following commission:—“Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, &c, &c, &c. To our trusty and well-beloved William Charles Windeyer, of Sydney, in our colony of New South Wales, Esq, barrister-at-law, greeting—Know you that we, reposing special trust and confidence in your ability, learning, and integrity, have thought fit, with the advice of the Executive Council of our colony of New South Wales, under and in pursuance of the provisions of the ‘Supreme Court Temporary Judges Act of 1879,’ to and do hereby constitute and appoint you the said William Charles Windeyer, Esq, to be and act as a judge of the Supreme Court of New South Wales for the trial of all issues civil and criminal with such powers and privileges as are incident to the office of a judge of such Supreme Court for a term of 12 calendar months from the date hereof. In testimony whereof we have caused these our letters to be made patent and the great seal of our said colony to be hereunto affixed. Witness our right trusty and well-beloved councillor Sir Augustus William Frederick Spencer Loftus, commonly called Lord Augustus Loftus Knight Grand Cross of the most honourable Order of the Bath, and commander-in-chief of our colony of New South Wales and its dependencies, and vice-admiral of the same, at Government House, Sydney, this 9th day of August, 1879, in the 43rd year of our reign. By his Excellency’s command.—FB SUTTOR.”

    Mr Windeyer then, in an audible voice, read the following oath of allegiance:—“I, William Charles Windeyer, do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, her heirs and successors according to law, so help me God. WC Windeyer.” Sworn in open court this eleventh day of August, AD 1879 By the Court, TM Slattery, prothonotary. He then took the following judicial oath as follows: I, William Charles Windeyer, do swear that I will well and truly serve our Sovereign Lady Queen Victoria in the office of judge of the Supreme Court of New South Wales, and I will do right to all manner of people after the laws and usages of this colony, without fear or favour, affection or illwill, so help me God. WC Windeyer. Sworn in open court this eleventh day of August, AD, 1879. TM Slattery, prothonotory [sic]. Mr Justice Hargrave then shook Mr Windeyer warmly by the hand.

    Mr MH STEPHEN, QC, on behalf of the Bar, congratulated Mr Justice Windeyer on his elevation to the Bench.

    Mr JUSTICE WINDEYER, in returning thanks, said: I am much obliged to you for offering me the congratulations of the Bar on my accepting the position which I now occupy as a judge of this court in the emergency which arose so unfortunately in consequence of the illness of the learned Chief Justice and the indisposition of Mr Justice Hargrave, who is, however, I am glad to see, sufficiently restored to health to appear again in court. Your congratulations bid me fain hope that whilst I have the honour to occupy my present position I shall have the invaluable assistance of both branches of the profession, without which I should indeed despair of my ability to discharge duties onerous to the ablest and most learned amongst us, doubly so to one conscious as I am of my many deficiencies. If, however, an anxious desire to do my duty to the best of my ability may be taken as a pledge for the future, you have in its painful sense of obligation all the assurance that one may give who can but timidly hope to do the right in as trying a position as one can occupy amongst one’s fellow men. I thank you all.

    There was considerable delay at the opening of the Central Criminal Court on Monday morning, the cause thereof being the swearing in of Mr Windeyer as judge. Upon the administration of the oath of office, the newly appointed judge proceeded to the Criminal Court, over whose present sittings he is presiding. Shortly before 11 o’clock his Honor, arrayed in his judicial robes, took his seat on the Bench, upon which the Crown Prosecutor (Mr E Lee) rose, and in a few remarks congratulated his Honor on his elevation to the Bench. His Honor returned his sincere thanks for the expression of feeling, remarking that it was only a repetition of the very flattering reception he had received in the Supreme Court that morning. The business of the court was then proceeded with.

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Frank Quincey, Gaol photo sheet ¹⁰

 

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Gaol Photo Sheet - Transcribed Details

No. 2085
No. on Gaol Register: 4992.79

No. 46
Date when Portrait was taken: 21st July 1879

Prisoner's Name: Frank Qincey
(aka Frank Wilson)

Native place: Sydney Year of birth: 1860 Arrived        Ship:  in Colony }   Year:  Trade or occupation previous to conviction  } Labourer Religion: C of E Education, degree of: R & W Colour of hair: Dark brown Colour of eyes: Blue Height: 5' 6½" Weight     On committal: 128 in lbs     }  On discharge:  Marks or Special Features:

Where and when tried: Supreme Criminal Court 11 August 1879 Offence: Attempt to commit Sodomy Sentence: 2 years HL Remarks: 25th November 1879 To Young Gaol. Sentence remitted 16th April 1881

(No. of Previous Portrait ...  )  PREVIOUS CONVICTIONS

Where and When				Offence.	Sentence
				Nil

 

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Matthew Johnson, Gaol photo sheet ¹¹

 

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Gaol Photo Sheet - Transcribed Details

No. 2084
4954/79

No.45
Date when Portrait was taken: 17th July 1879

Prisoner's Name: Matthew Johnson

Native place: Finland Year of birth: 1848 Arrived        Ship: Not known in Colony }   Year:  Trade or occupation previous to conviction  } Seaman Religion: C of E Education, degree of: R & W Colour of hair: Light brown Colour of eyes: Blue Height: 5' 8½" Weight     On committal: 172 in lbs     }  On discharge:  Marks or Special Features:

Where and when tried: Supreme Criminal Court 11 August 1879 Offence: Attempt to commit Sodomy Sentence: 2 years HL Remarks: Sentence remitted 9th April 1881

(No. of Previous Portrait ...  )  PREVIOUS CONVICTIONS

Where and When				Offence.	Sentence
				Nil

 

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¹    Depositions for this case (9/6636-9/6643) could not be located at SRNSW. 

²    The Sydney Morning Herald, Sat 12 Jul 1879, p. 3.

³    The Sydney Morning Herald, Thu 17 Jul 1879, p. 9.

⁴    SRNSW: NRS7851, [2/7384], Judiciary, WC Windeyer, J. Notebooks Criminal, 1879-95, pp. 8-18. Emphasis added.

⁵    Sir Justice William Charles Windeyer arrived in Sydney, with his parents, in the Medway on 28 Nov 1835. Windeyer read in the chambers of E Broadhurst and was admitted to the colonial Bar on 7 Mar 1857. In Jan 1859 he became crown prosecutor for the northern districts but resigned in May of the same year. In 1859 he attacked, the chief justice Sir Alfred Stephen, for being allowed leave on full pay. Windeyer was solicitor general in the Martin-Robertson 1870-72 coalition and defeated in the 1872 general election. In Mar 1877 he became attorney general in Parkes’s ministry. During 1878-79 he again was attorney general in the Parkes-Robertson coalition. On 11 Aug 1879 Windeyer was appointed a temporary puisne NSW Supreme Court judge and two years later was made permanent. He sat mainly in common and criminal law. His written judgments were notable for competent and careful legal learning, literary quality and clarity of expression. Windeyer proved controversial in criminal cases. With a rigorous and unrelenting sense of the retribution that he believed criminal justice demanded, he had a sympathy verging on the emotional for the victims of crime, especially women. Windeyer retired from bench and in 1897 accepted a judgeship in Newfoundland but died of paralysis of the heart on 12 Sep at Bologna, Italy. ADB, 1851-1890, vol. 6, pp. 420-2.

⁶    The Sydney Daily Telegraph, Tue 12 Aug 1879, p. 4.

⁷    The Sydney Morning Herald, Tue 12 Aug 1879, p. 3.

⁸    The Maitland Mercury and Hunter River General Advertiser, Thu 14 Aug 1879, p. 7.

⁹    Australian Town and Country Journal, Sat 16 Aug 1879, p. 300.

¹⁰  SRNSW: NRS2138, [3/6043], Darlinghurst Gaol photographic description book, 1 Apr 1879-16 Apr 1881, No. 2085, p. 46, R5100.

¹¹  SRNSW: NRS2138, [3/6043], Darlinghurst Gaol photographic description book, 1 Apr 1879-16 Apr 1881, No. 2084, p. 45, R5100.

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