John Chadwick was a gay man in Dunedin at a time when it was not unlawful to be gay, but it was definitely unlawful to commit sexual acts with another man. It was regarded as assault and both participants could be charged.
Queens Gardens in Dunedin was known, by some people, as a place where gay men could meet. But, of course, they had to be careful. John Chadwick might have been as careful as he could, but perhaps the four brandies with which he fortified himself (possibly being a man who did not usually drink) clouded his judgement. And perhaps Finlay Buchanan, new in town, did not know that by sitting on a bench in Queens Gardens in the evening he was sending an accidental message...
Police Court
Alleged Indecent Exposure. — John William Ashworth Chadwick (Mr A. C. Hanlon) appeared on remand to answer a charge of wilful indecent exposure in Queen's Gardens on September 22. Accused pleaded not guilty. — Finlay Blair Buchanan, the complaint, said that he was sitting in the gardens at about 6.45 p.m. on the day in question when accused came along, sat on the same seat beside him. and began to kiss him, then made some filthy remarks, and later took hold of witness’s watchchain. Witness pushed him away and struck him. A constable then came along, and asked accused to accompany him to the police station, but he refused. — Constable John Kearton said that he was in the vicinity, and heard an argument between Buchanan and Chadwick. He could see two human forms near a seat. One of the men was half lying on the seat, and the other man was standing over him. Buchanan struck accused twice, and witness asked what he meant by doing so. Buchanan then told witness that accused had kissed him and made filthy suggestions. He then asked the two men to accompany him to the police-station. At first accused repeatedly refused, but eventually accompanied witness to the station. Accused seemed to have been severely knocked about by Buchanan. Sergeant Gilligan said that he was in the watchhouse at the Polite Station when accused, Buchanan, and Constable Kearton arrived. He took down Buchanan’s statement first, and then asked Chadwick if he had anything to say regarding the charge, and he replied in the negative. In answer to Mr Hanlon, witness said he did not consider that accused had been very severely handled. He did not know who had sent for the police doctor to bandage Chadwick’s face. Evidence was then given by Constable Harvey, who stated that he had known accused for about four years. On one occasion while they were talking together regarding hospitals, Chadwick mentioned the fact that he had undergone an operation at a hospital when he was 24 years old and had bled so profusely that he nearly lost his life. In reply to a question by Mr Hanlon regarding injuries inflicted on accused by Buchanan, witness considered them serious. Counsel said the case was a peculiar one and fortunately they did not have to deal with many such cases. He severely criticised the evidence of Buchanan, who, he said, had only been nine mouths in New Zealand, whereas Chadwick had been in the country all his life. He characterised Buchanan’s statement that accused had walked up to the seat on which he was sitting, sat down and kissed him as a direct lie. What was the evidence when the constable came on the scene? Buchanan made a complaint regarding the conduct of Chadwick who was in a dazed and battered condition, and it was not to be expected that he would act as a man in full possession of his senses would act. He submitted that the complainant had given his evidence in an unsatisfactory manner. Chadwick came of a respectable family. He had had a paralytic stroke. — Accused, in his evidence, said he was in business as a stationer in the north end of the city. He absolutely denied kissing Buchanan or exposing himself. Complainant, he said, was too drunk to speak to. Buchanan punched him about half a dozen times while he was silting on the seat. — Asked by the Senior-sergeant why he did not call out accused said he was too weak to do so. Further questioned by the Senior-sergeant accused denied having on one occasion interfered with a man in his shop, nor was he aware that he had been suspected of interfering with children. Accused contended that he was not aware of the charge, preferred against him until he appeared in the court last Monday. — Frederick Millier said that Chadwick came of a good family. Witness testified as to the good character of accused. He (witness) had known him for many years and was surprised when he heard of the charge which had been laid against him. He did not know he drank, and was surprised to hear from his own lips that he had had four brandies that day. — The Magistrate said he was not quite satisfied with the case, but he did not think there was sufficient evidence to justify him in convicting the accused. He would therefore have to give him the benefit of the doubt. There were certain circumstances which corroborated the statement made by Buchanan. There was, of course, no proof that accused’s clothes were disarranged when Constable Kearton came on the scene. With regard to Buchanan’s evidence he (the magistrate) was prepared to treat it as substantially true. There was the fact, however, that he allowed accused to act indecently towards him, and did not take action until he caught hold of his watch chain. The case would be dismissed. His Worship mentioned that when accused was previously before the court on the present charge he made an order prohibiting the publication of accused’s name. That order did not apply to the present proceedings. -Otago Daily Times, 2/10/1923.
BEHAVIOR IN DOORWAY
Serious Charge Against Elderly Dunedin Resident
(From "N.Z. Truth's" Special Dunedin Representative.)
Suspicious behavior in a doorway has led to the arrest of John William Ashworth Chadwick, a middle-aged man, of Dunedin. Pleading not guilty to a charge of indecently assaulting a male, he now awaits trial before the higher tribunal.
THE charge related to an incident in Dowling Street on October 10, 1926, as a consequence of which the accused was brought before Magistrate Bundle last week.
A further charge of attempting to commit suicide was withdrawn.
On the night in question, Chadwick, who, by the way, is a cripple, met a youth, then aged 16, at the Exchange corner in the city, and suggested a walk.
The two repaired to Dowling Street, where beneath the shadows in a deep doorway they were interrupted by Acting-detective Jenvy. Chadwick was taken in charge, but gave an assumed name.
The boy in the case, a plumber's apprentice, stated that accused was trembling, all over and asked witness to kiss him.
Witness did so, but "could give no reason, for his action.
Chadwick, it was alleged, was very perturbed when the detective put in an appearance, and pleaded: "Have mercy on me and let the case drop. It will ruin me and disgrace my family."
Under cross-examination by Lawyer Alf. Hanlon, witness said he had told the court everything that took place and had consented to it all.
Acting-detective Jenvy said that immediately the boy saw him he broke away and said: "This man is trying to bribe me."
Chadwick, in a statement, said he had been to a Salvation Army meeting and later met the boy. "Edwards kissed me and I replied: 'You kiss nicely.'"
Jenvy added that he thought the boy made the complaint through fear.
It was said that Chadwick's reason for giving a wrong name was because of some trouble he had experienced in the Queens-Gardens three years previously and he did not want to ruin his business and bring disgrace .on his family.
Two days later an entrance was forced to Chadwick's shop near the Gardens, and he was found lying on the floor with a wound in his throat and a razor beside the body.
On the table was a note with the inscription: "Good-bye to all."
He was taken to hospital and two weeks later was admitted to the Seacliff Mental Hospital.
The methods adopted by the police were the subject of a tirade by Lawyer Hanlon who strongly deprecated the system of letting an accused man go so that more detectives could later wait on him and third degree him. Strong objection was taken by counsel to Chief-detective Cameron's attempt to rebut a possible defence of innocent association.
The evidence was to the effect that three years previously, Constable Kearton was on duty near the Queen's Gardens and found a man giving accused a thrashing for his alleged indecent conduct towards him.
Chadwick, he said, had kissed him and made improper suggestions which the man actively resented.
After considering the question of admissibility, however, the court decided that this evidence could not go in with the depositions.
Lawyer Hanlon submitted that there was no case to answer as both accused and the boy had been consenting parties to a harmless bit of kissing and there was no suggestion of indecent actions or suggestions.
Magistrate Bundle, however, held that there was a prima facie case to answer and Chadwick will have to stand his trial at the next sittings of the Supreme Court in Dunedin.
He was admitted to bail in two small amounts. -NZ Truth, 19/7/1928.
The evidence at John's trial was the same as that of is committal hearing.
Mr Hanlon having addressed the jury, His Honour, in summing up, directed the jury as a matter of law to return a verdict of not guilty on the charge of committing an indecent assault, and also pointed out that in relation to the charge of common assault the boy had not objected to the kissing. If the accused were to be convicted, he considered it should be on the charge of attempted indecent assault. If the jury thought accused was not sane at the time, they would have to return a verdict of not guilty on the ground of insanity.
The jury retired at 12.2, and returned in ten minutes with a verdict of guilty on the charge of attempted indecent assault.
“The jury is of the opinion that accused should be placed under proper control for his own good,” said the foreman.
His Honour said he thought the jury bad taken exactly the right view of the case. He had no doubt whatever from the evidence and from the police record that accused had been contaminating boys in this city, and it was in the public interests that he should be put where he would be under proper control.
Accused was sentenced to two years’ imprisonment, with hard labour. -Evening Star, 8/8/1928.
His Honour's reference to the police record alluded to a previous charge, for which John Chadwick had been allowed suppression of his name. It was not allowed in this case. It can be assumed that, in one way or another, John Chadwick learned his lesson - be that to avoid Queens Gardens or perhaps not to drink brandy before going there. In any case, he does not reappear in court.
DEATHS.
CHADWICK. — On September 4, 1939, at Dunedin, John William Ashworth Chadwick; aged 55 years. “At rest.” Private interment. — R. McLean and Son, funeral directors. -Evening Star, 5/9/1939.
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