The Sydney Morning Herald, Fri 24 Mar 1882 1
POLICE.
———◦———
CENTRAL POLICE COURT.
Mr [William] Crane, SM, was assisted by Mr Hunt JP, on the Criminal side, and Mr Dillon transacted the business on the Summons side of the court, yesterday.
…
Louis Calouzi, 33, and James Teece, 18, were charged with having committed an abominable offence, and on the evidence of Detective Tindale, [sic] Constable Johnson, and Dr Marshall were committed for trial at the Criminal Court.
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Depositions for Louis Calouze and James Teece 9 May 1882 Sydney trial 2
(M., 11 and 12 Vic., Cap. 42.)
Depositions of Witnesses.
New South Wales, Sydney
TO WIT. }
The examination of Detective Officer William J Tindall of th Police Force Sydney in the Colony of New South Wales, Charles George Wilson Marsden, “Medical Practitioner” and Constable Thomas Johnston of the said Force Sydney in the said Colony, taken on oath, the 22nd and 23rd days of March in the year of Our Lord one thousand eight hundred and eighty two at Sydney 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 Louis Calouze and James Teece who are charged before me, for that they the said Louis Calouze and James Teece, on the 21st day of March instant at Sydney in the said Colony, did commit the abominable crime of buggery with each other.
1
Louis Calouze and James Teece
committing the abominable crime of buggery with each other.
Detective Officer William J[ohn] Tindall on oath states:– About 11 o’clock last night I was in company with Constable Johnston on Hyde Park and saw the two prisoners come there and stand against one of the fences and they remained there a few seconds. The
2
prisoner Calouze walked away a short distance and then lay down against a small plantation about 10 or 12 yards away. The prisoner Teece walked around the plantation.
The prisoner Calouze followed the prisoner Teece boy around the plantation until they came back to where they had started from.
They both then laid against a small plantation and the prisoner Calouze got partly on top of the prisoner Teece. We got closer to them then and could see the two prisoners
3
in the act of moving when they were lying down. They got up and the prisoner Teece pulled his trousers up and took off his coat and vest. I asked the prisoner Teece what he was doing with his coat off and he said that he had broken his braces and was fixing his trousers up. I told the two of them that I would take them to a medical man and have them examined and the prisoner Teece then said “Don’t do anything to me, Sir, and I’ll
4
tell you the truth. This man (referring to Calouze) took my trousers down and put his thing in my behind and made me all wet.”
On the way to the station the prisoner Calouze said to the prisoner Teece “I did not do anything to you, did I?” The prisoner Teece said “Yes you did, they are sure to find it out.” I took them to the Central Police Station where they were both examined by Dr Marsden and I charged them with committing the
5
abominable crime of buggery with each other. They made no reply to the charge. I found on Calouze £1.7s.7d., watch and chain, three photographs and papers produced.
I did not find anything on the prisoner Teece.
By prisoner Calouze: When I came up to you I believe you had your hands in your hand pockets [sic].
[Signed] William J Tindall.
Sworn at Sydney this 22nd March 1882 before me.
[Signed] William Crane, SM.
Remanded until tomorrow.
[Signed] W Crane, SM.
Sydney 22nd March 1882.
6
Charles George Wilson Marsden on oath states:– I am a legally qualified Medical Practitioner. About quarter to 11 o’clock on the night of the 21st instant I examined both the prisoners and on the lower back portion of the prisoner Teece’s his shirt, I found two moist patches. On examining Teece’s anus I found it considerable red and irritated and on inserting my forefinger up his rectum I found that my finger passed up pretty easily, on withdrawing my finger I found it covered with a fluid resembling semen. I examined
7
the prisoner Calouze and I found on the lower and front portion of his shirt a large moist patch. On examining his penis I found the glans penis considerably congested and covered with semen and semen was oozing out of the urethra.
By Calouze: I have no doubt but what you touched the prisoner Teece.
[Signed] CGW Marsden, MD.
Sworn at Sydney this 23rd March 1882 before me.
[Signed] W Crane, SM.
8
Constable Thomas Johnston on oath states:– About 11 o’clock on the night of the 21st instant I was in company with Detective Tindall on Hyde Park and saw the 2 prisoners there lying on the grass alongside of a small enclosure. The prisoner Calouze was lying partly on the prisoner Teece and the prisoner Calouze was lying partly on him and they were moving. We went closer to them and the two prisoners got up.
The prisoner Teece
9
pulled up his trousers and took off his coat and vest.
Detective Tindall asked him what he was doing with his coat off and he said that he had broken his brace and was fixing it. Tindall told them he would have them examined.
The prisoner Teece said “Don’t do anything to me, Sir, and I’ll tell you the truth. He (referring to Calouze) took my trousers down, put his thing in my behind and made me all wet.”
On the way to the station Calouze
10
said to Teece “I didn’t do anything to you, did I?”
Teece said “Yes you did. I’ll tell the truth. I know they will find it out.”
By Calouze: I saw you on top of the prisoner Teece.
[Signed] Thomas Johnston.
Sworn at Sydney this 23rd March 1882 before me.
[Signed] W Crane, SM.
11
(N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales, Sydney
TO WIT. }
Louis Calouze stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 23rd day of March in the year of Our Lord one thousand eight hundred and eighty two for that he, the said Louis Calouze on the 21st day of March instant at Sydney, in the Colony, did commit the abominable crime of buggery with another person and the examination 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 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 Louis Calouze, and the witnesses for the prosecution being severally examined in his presence, the said Louis Calouze is 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 Louis Calouze saith as follows:– “I was not on top of the boy.”
Taken before me, at Sydney, in the said Colony, the day and year first above mentioned.
[Signed] W Crane, SM, JP.
12
(N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales, Sydney
TO WIT. }
Louis Calouze and James Teece stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 23rd day of March in the year of Our Lord one thousand eight hundred and eighty two for that he, the said Louis Calouze and James Teece on the 21st day of March instant at Sydney, in the said Colony, did commit the abominable crime of buggery with another person. And the examination 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 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 James Teece, and the witnesses for the prosecution being severally examined in his present, the said James Teece 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 James Teece saith as follows:– “I met Calouze and went up to the park and sat down and as soon as I sat down my braces broke, he then pulled my trousers down and committed the offence. I told him to stop, that someone was coming, he got up and I got up. I had to take off my coat and vest to do my braces up and
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as I was putting them on the detective came up to me and said ‘what have you two been doing?’ I said ‘Nothing’. He told me that he would take me to the doctor to have me examined. I said ‘Don’t put me in gaol and I’ll tell you the truth’. He said ‘you will be all right as long as you tell the truth.’ When I got to the Police Station a Constable asked me a few questions and I told him the same as I told the detective. They sent for the doctor and he
14
came and examined me and when he went away I was put in the cell. I was not aware what Calouze did to me. It was not my fault he did it. I hope I don’t get into it for it. I was never in gaol before.”
[Signed] James Teece.
Taken before me at Sydney on the 23rd March 1882.
[Signed] W Crane, SM.
15
The prisoners are committed to take their trial at the next Court of Gaol Delivery Sydney 23rd March 1882.
[Signed] W Crane, SM.
16
(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
New South Wales
TO WIT. }
Be it remembered, that on the 23rd day of March in the year of Our Lord one thousand eight hundred and eighty two William J Tindall a Detective of the Police Force in the Colony of New South Wales, and Thomas Johnston a Constable of the Police Force in the said Colony, personally came before the undersigned, one of Her Majesty’s Justices of the Peace for the Colony of New South Wales, and acknowledge 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.
[Signed] William Tindall, Thomas Johnston.
Taken and acknowledged, the day and year first abovementioned, at Sydney in the said Colony, before me.
[Signed] Cornelius Delohery, JP.
The condition of the within written Recognizance is such, that whereas Louis Calouze and James Teece was this day charged before William Crane Esquire, one of Her Majesty’s Justices of the Peace for the said Colony, with buggery. I therefore they the before mentioned persons shall appear at the next Court of Gaol Delivery to be holden at Darlinghurst, in and for the Colony of New South Wales, on the 8th day of May next, 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 Louis Calouze and James Teece for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Louis Calouze and James Teece. Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] Cornelius Delohery, JP.
~ ~ ~ ~ ~
[On the depositions’ cover sheet is the following]
Central Criminal Court
8th May 1882
No. 105
Depositions.
Regina No. 6
v.
Louis Calouze
and
James Teece
Sodomy
See within [initialled] RW [Robert Wisdom, AG]
Committed at: Sydney
on: 23 March 1882
~ ~ ~ ~ ~
Sodomy
[Initialled] RW AG
25/3/82
~ ~ ~ ~ ~
Justice JGL Innes’s Notebook 3 4
3
Darlinghurst CCC
Monday 8th May 1882
Reg: S----y
v.
Louis Calouze Ag.
& Jas Teece P.
Plea.– Not Guilty
37
[Tuesday 9th May 1882]
Regina v Louis Calouze, Agt. James Teece, Pat’t boy about 15 or 16, at Sydney 21 March ’82
Plea. Not Guilty
[Mr] Healy for Crown
[Mr] Tarleton, assisted by Borlase, for prisoner Calouze
5
William John Tindall. Detective, Sydney – On 21 March ’82 Tuesday about 11 pm. I with Constable Johnson was in Hyde Park. I saw both prisoners together. They walked up to one of the enclosures – they (laid ?) there for a few seconds – & then the elder man walked off a little bit & lay down – Teece came (behind ?), the other man came back – they went again to plantation, both of them lying down – Calouze partly covering Teece – Johnson & I got to about 10
38
or 12 yards from where they were. You could see them moving – how lying – Calouze partly covering Teece – I couldn’t see clearly. I think they were sideways – it was a bright starlight night. Teece took his coat & vest off & pulled his trousers up. I then walked over to them – I said to Teece – what are you doing with your coat off? – My braces were broken & I was fixing them – I told them I would take them to a doctor & have them examined. – Teece began to cry & said don’t do anything to me Sir & I’ll tell you the truth – he took my trousers down, put his thing in my behind & made me all wet – Calouze said nothing. On the way to the watch house Calouze
39
said to Teece “I didn’t do anything to you, did I?” “Yes you did, I’ll tell the truth for they are sure to find the truth out” – At the Police Station Doctor Marsden examined them – I charged them with the offence.
Cross-examined by Tarleton. It was about 100 yards inside the park from Market Street between two footpaths – about 20 or 30 yards from the nearest (on the right hand side as you go from Market Street to Boomerang Street). It was a bright starlight night. I watched as it was my duty. I suspected they were going to commit the crime they did commit – I did not prevent their committing it – My duty is to detect crime not to warn criminals.
Thomas Johnson. Constable in Police – On 21 March ’81 about
40
11 pm. I saw the two prisoners come in from Market Street – Teece went round the enclosure – came back & sat down close by a small enclosure – Tindall & I got close to them & from behind a small enclosure about 12 yards from them saw Teece lying with his face towards the ground – other man lying on top of him – I saw Calouze moving – they got up. Teece pulled up his trousers – took off coat & vest – Tindall & I went to them. “What are you doing with your coat off?” said Tindall to Teece – “I broke my brace & I’m fixing it.” – Tindall told them he’d take them before Doctor & have
41
them examined – Teece then said “don’t do anything to me Sir & I’ll tell you the truth – he brought me in here, took my trousers down, put his thing in my behind & made me all wet.” On the way to station Calouze said to Teece – “I didn’t do anything to you did I?” “Yes you did. I’ll tell the truth, they’re sure to find it out.” They were both quite sober.
Cross-examined by (?). Detective Tindall searched the prisoners. From Calouze watch & money were taken.
Tindall recalled. This sketch shows the place correctly – (put in). £1.7. & watch & chain on Calouze. Nothing on the boy.
To me. No one passing in the main walk.
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Could see them.
To Juror. Calouze was fixing his trousers as we went up.
Charles George Wilson Marsden. Legally qualified medical practitioner. On night of 21 March about 11.45, I went with Tindall to Central Police Station – I saw Teece in a room by himself – I asked him to take off his clothes. He did so. I examined his shirt on the lower & back part of the shirt. I found two moist stains – recent – they were quite wet – I found they were the shirt was stuck together next (?) where the shirt had been wet – I examined his anus – somewhat red & irritated. I pressed my index finger up his rectum – it passed freely,
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easily – on tip of my finger when I withdrew it was a fluid resembling semen. The state of the anus might have been caused by the insertion of penis of man & was not to be accounted for by any natural causes, so far as I saw. – I then examined Calouze – on lower & front portion of his shirt I found one moist stain. On examining his penis & drawing back the foreskin I found it somewhat congested & moist with semen oozing out of the [blank space here]. What I saw would probably be caused by connection with any person – but the orifice must have been very small.
To Tarleton. I examined microscopically, but it did not enable me to say it
44
was semen – it did not show it was not – (was ?) extremely improbable. Boy appeared to be 16 or 17.
Statement of boy put in. (States it was done by Calouze but the boy did not know what he was going to do.)
For defence.
William Contoni. Lemonade merchant. I know Calouze – 4 years – 12 months in Victoria & 18 months in Sydney. Very hardworking man, very industrious.
Tarleton to the Jury for Calouze began at 12.15 – finished at 12.35.
[I] summed up – Jury retire at 1.
At 1.40 return with
Verdict
Calouze – Guilty.
Teece – Guilty – with recommendation to mercy on account of his youth.
Death recorded – The boy’s case is one for a light sentence – not so with the man.
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The Sydney Daily Telegraph, Wed 10 May 1882 6
LAW INTELLIGENCE.
…
CENTRAL CRIMINAL SESSIONS.
…
(Before Sir George Innes)
…
UNNATURAL OFFENCE – Louis Calouze and John [sic] Teece were arraigned on a charge of committing an unnatural offence in Hyde Park, on 31st March last. Calouze is a man of about 30, and Teece was a boy of apparently 16 years. The jury returned a verdict of guilty of the capital offence against both prisoners, but added a recommendation to mercy in the case of the youth Teece. His Honor in passing sentence of death on both the accused, said he fully concurred in the verdict. In alluding to the nature of the offence, he said it was shocking to contemplate its frequent occurrence. The case needed no comment, the facts speaking for themselves with a horrible eloquence. It might be that the Royal clemency would be extended to both the prisoners, but the sentence awarded Calouze would be an exemplary one. The punishment of the younger prisoner Teece would no doubt be altered on account of his youth and the recommendation to mercy by the jury. Mr Tarleton, instructed by Messrs Julian and Borlase, defended the prisoner Calouze. Teece was undefended.
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The Sydney Morning Herald, Wed 10 May 1882 7
LAW REPORT.
…
CENTRAL CRIMINAL COURT
TUESDAY [9 MAY 1882]
(Before his Honor Sir GEORGE INNES.)
The Court re-opened at 10 o’clock. Mr Healy prosecuted for the Crown.
…
UNNATURAL OFFENCE.
Louis Calouze and John Teece were charged with an unnatural offence. Mr Tarleton, instructed by Messrs Julian and Borlase, appeared for the prisoner Calouze. The younger prisoner was undefended. Both prisoners pleaded not guilty. Detective Tindall and Constable Johnstone [sic] detailed the circumstances of the offence. The jury, after a short deliberation, returned into court with a verdict of guilty against both prisoners, but recommended Teece to mercy on account of his youth. His Honor said he entirely concurred in the verdict of the jury. Though the Royal clemency might be extended to both prisoners, the punishment which would be awarded to Calouze would, no doubt, be an exemplary one. The punishment of the younger prisoner, owing to his youth and the recommendation of the jury, would probably be different. The sentence of death was then passed, in the usual form, on both prisoners.
~ ~ ~ ~ ~
James Teece, Gaol photo sheet 8
![SRNSW: NRS2138, [3/6044] , Darlinghurst Gaol photographic description book, 25 Jun 1881-31 Mar 1883, No. 2610, p. 138, R5100.](/images/trials/1882-Calouze-6044-gaol-photo-2610-Teece.jpg "SRNSW: NRS2138, [3/6044] , Darlinghurst Gaol photographic description book, 25 Jun 1881-31 Mar 1883, No. 2610, p. 138, R5100.") |
Gaol Photo Sheet - Transcribed Details
No. 2610
2191/82
Date when Portrait taken: 28 March 1882
Name: James Teece
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Native place: Sydney Year of birth: 1864 Arrived Ship: Trade or occupation Religion: C of England Education, degree of: R & W Colour of hair: Brown Colour of eyes: Brown Height: 5' 1" Weight On committal: Marks or Special Features: |
Where and when tried: SCC Offence: Buggery Sentence: Death recorded Remarks: Commuted to 3 years Hard labour. To Parramatta [Gaol] 8 July 1882 Recommended to mercy on account of his youth
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(No. of Previous Portrait ... ) PREVIOUS CONVICTIONS |
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| Where and When | Offence. | Sentence | |||
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Nil |
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Louis Calouze, Gaol photo sheet 9
![SRNSW: NRS2138, [3/6044] , Darlinghurst Gaol photographic description book, 25 Jun 1881-31 Mar 1883, No. 2611, p. 139, R5100.](/images/trials/1882-Calouze-6044-gaol-photo-2611-Calouze.jpg "SRNSW: NRS2138, [3/6044] , Darlinghurst Gaol photographic description book, 25 Jun 1881-31 Mar 1883, No. 2611, p. 139, R5100.") |
Gaol Photo Sheet - Transcribed Details
No. 2611
2190/82
Date when Portrait taken: 25 March 1882
Name: Louis Calouze
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Native place: Italy Year of birth: 1856 Arrived Ship: Euronomy Trade or occupation Religion: Roman Catholic Education, degree of: Nil Colour of hair: Black Colour of eyes: Blue Height: 5' 9½" Weight On committal: Marks or Special Features: |
Where and when tried: SCC Offence: Buggery Sentence: Death recorded Remarks: Commuted to 8 years Roads. To Berrima Gaol 8 July 1882 Convicted with James Teece
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(No. of Previous Portrait ... ) PREVIOUS CONVICTIONS |
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| Where and When | Offence. | Sentence | |||
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Nil |
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1 The Sydney Morning Herald, Fri 24 Mar 1882, p. 7.
2 SRNSW: NRS880, [9/6679], Supreme Court, Papers and depositions, Sydney, May 1882, No. 105. Emphasis added.
3 SRNSW: NRS6223, [2/4540], Judiciary, JGL Innes, J. Notebooks Criminal Causes, 1881-95, pp. 3, 37-45. Emphasis added.
4 Sir Joseph George Long Innes was born Sydney 16 Oct 1834 and educated at WT Cape’s school and the Parramatta based King’s School. He became associate to Chief Justice Alfred Stephen in 1854 and two years later, 1856, entered London’s Lincoln Inn and called to the Bar in 1859 where he practised till his return to Sydney in 1852. Innes was admitted to the NSW Bar on 28 Feb 1863. Between 1869 and 1874 he was variously crown prosecutor, royal commissioner, NSW MLA, solicitor general, resulting in him becoming a NSW Supreme Court judge on 14 Oct 1881. Innes died on 2 Oct 1896 in England. ADB, 1851-1890, vol. 4, pp. 459-60.
5 Mn: Reported [in law journal ?] on 23/6/87
6 The Sydney Daily Telegraph, Wed 10 May 1882, p. 4.
7 The Sydney Morning Herald, Wed 10 May 1882, p. 7.
8 SRNSW: NRS2138, [3/6044], Darlinghurst Gaol photographic description book, 25 Jun 1881-31 Mar 1883, No. 2610, p. 138, R5100.
9 SRNSW: NRS2138, [3/6044], Darlinghurst Gaol photographic description book, 25 Jun 1881-31 Mar 1883, No. 2611, p. 139, R5100.