Thursday, 18 May 2023

Margaret Elizabeth Brown (nee Mary Jane Barry), 1881-22/12/1929. "opium and worse"

City Police Court

Breach of the Peace. 

Lizzie Barry, Mary Jane Barry, and Annie Barry were charged with committing a breach of the peace in Asher's lane on the 30th November. Mr A. R. Barclay defended. — Sergeant O’Neill stated that the three defendants (the mother and two daughters) went to a right-of-way off Filleul street on the date named and there assaulted and abused a woman named Bethune. The scene was so bad that the police had to be telephoned for. — Evidence was given by Kate Bethune, Georgina Disarthe, and Constables Hill and McGlone. — Mr Barclay stated that Mrs Barry was hammering one of her daughters with a strap for going to Mrs Bethune’s house, when the latter interfered, and Mrs Barry struck her on the face with the strap. — Evidence was given for the defence, after which the Bench dismissed the case.   -Evening Star, 8/12/1897.

Mary Jane was 16 years old. Ashers Lane was well known as a centre of the Dunedin sex industry.


CITY POLICE COURT.

Friday, August 25. (Before Mr C. C. Graham, S.M.) 

Disorderly Behaviour. — Mary Jane Barry, a young person, was charged with being drunk, with using obscene language within the hearing of persons passing in Walker street on the 24th, and with damaging the window of a drag belonging to S. P. Leith. — Accused pleaded not guilty, but after evidence was given she was convicted on the first charge. She was fined 5s, in default 24 hours; on the second she was sentenced to seven days' imprisonment; while on the third she was convicted and fined 5s, and ordered to pay 2s.   -Otago Daily Times, 26/8/1899.


CITY POLICE COURT.

Saturday, September 16. (Before Messrs W. D. Hanlon and S. G. Smith, J. P.s)

Obscene Language. — A young girl named Mary Jane Barry was charged with being drunk and disorderly in Princes street on the evening of the 15th. — Mr Barclay appeared for accused, who was remanded till Wednesday, bail being 'allowed, accused in her own recognisances in the sum of £5 and one surety of a similar amount.   -Evening Star, 18/9/1899.


THE COURTS. — TO-DAY.

CITY POLICE COURT. (Before Messrs T. Cole, J. H. Hancock, J. Campbell, and E. T. Clarke, J.P.s.) 

Alleged Assault. — Mary Jane Barry (18) was charged with assaulting and beating Kate Ah Tai in Princes street last night, and pleaded guilty. — Sub-inspector Kiely said this girl was a terribly violent-tempered creature, and something ought to he done to restrain her. Only a few months ago she was charged with a chapter of offences, when she got an opportunity of going to the Salvation Army Home, in the hope that she might be reformed. She left the Home three or four days ago and started her mad career on the streets again. Last night, about half-past nine, she met the girl Ah Tai in Princes street, when she smacked her on the face, knocked her down, and kicked her. The girl was in a state of collapse when picked up, and had to be taken to the hospital. — The accused denied that she kicked the girl. — Evidence was given by Kate Ah Tai. — Mrs Barry said her girl was provoked by the girl Ah Tai. — The accused was fined £1, in default a fortnight’s imprisonment. She was allowed until Thursday morning to pay. — A charge of breach of the peace against the accused was withdrawn by the police.    -Evening star, 19/12/1899.


THE COURTS. — TO-DAY.

MAGISTRATE’S COURT. (Before E. H. Carew, Esq., S.M.) 

A Rowdy Character — Mary Jane Barry, a young girl who has of late caused the police’ a deal of trouble, pleaded guilty to drunkenness in Princes street on Saturday night, and to the use of obscene language. When arrested she threw a tumbler, which she carried in her pocket, at the constable’s head, but failed to hit him, and thereafter poured out a torrent of abuse, which lasted till she was safely lodged in the lock-up — a work attended with considerable difficulty, owing to the way the girl resisted. — On the charge of drunkenness she was sent to gaol for fourteen days, and for the obscene language received one month, cumulative.   -Evening Star, 27/8/1900.


Theft. — James Cummings pleaded "not guilty" to a charge of having, on September 29, stolen a purse, valued at 2s 6d, and 7s 6d in money, the property of Mary Jane Barry. — Evidence was given by the complainant and Constable Russell, the statements made by the former being denied by the accused. — After hearing the evidence His Worship said he was not satisfied with the surroundings of the case, and, knowing the character of the complainant, he would give the accused the benefit of the doubt and dismiss the case.  -Otago Daily Times, 1/1/0/1904.


OPIUM ORGIES

A WALKER-STREET DEN.

A REVOLTING STORY.

Opium and worse was represented at the City Police Court on the 21st by a vicious-looking Chinaman, and three unfortunate young women in all the pathos of tawdry "finery." 

Ah Yum was charged with being the Occupier of premises in Walker street, and with permitting such to be used for disorderly purposes. He pleaded " Not guilty." Mary Jane Barry, Catherine Maud Miller, and Louis Frame pleaded ''Guilty" to having assisted in making the house a disorderly one. One of these girls, it was stated, had been sent to a mental hospital owing to the results of indulgence in opium-smoking and other vices. On her release she was admitted to one of the Salvation Army homes, but after being there barely half an hour had stolen away, and back to the den in Walker street. 

Nicholas Antonio, in broken English, gave an astounding summary of what he had seen and heard. He was a neighbour of Ah Yum's, and was in a position to know. He identified the three young women present as those whom he had frequently seen entering this place. He and his people had been disturbed and dismayed by the noise of the orgies that went on night after night. The children were catching the expressions let fall on such occasions, and were making use of them in conversation.

Ah Yum, on being asked if he had any questions to put, said, "He tellee allee lie; he know too muchee for me." and then lapsed into unintelligibility.

Constable McHolm gave evidence as to having had the place under surveillance for some time, and to having found the three young women there, consorting with various Chinamen. On Sunday he and another constable visited the premises, and had great difficulty in gaining admittance. When they did get in they found the place full of Chinamen, and two women hiding behind a door.

Detective McLeod stated that the place was notorious as a Chinese house of ill-fame. It was also an opium den, fitted with the usual little beds on which Chinese are wont to smoke opium. It was one of the worst paces in Dunedin. The doors were always kept locked except to Chinese who held the password.

The Sub-inspector: I have more witnesses to call, your Worship.

Mr Graham: I have heard enough. Now, Ah Yum, what have you to say?

Accused launched into a torrent of English and Chinese, declaring his innocence.

Prior convictions for theft and vagrancy were read, and all four accused were then further charged with being idle and disorderly persons, and with consorting with people having no lawful visible means of support.

Mr Scurr, appearing for the accused Barry, said his client had only been out of gaol for a month. A letter had that morning been received from her uncle at Lowburn, Cromwell, inviting her to go and stay with him for an indefinite period. He would ask that his client be convicted and ordered to come up for sentence when called upon, provided she accepted this invitation. Should his Worship see fit to exercise this act of clemency it might be the means of weaning this unfortunate girl from her old associates.

The Magistrate said he would give this girl this chance. There was a possibility of her redeeming her past, and he did not wish to deprive her of it.

The Sub-inspector pointed out that the accused Frame had been given a similar chance at Lawrence, and had abused it shamefully.

All the accused, with the exception of the girl Barry, were sentenced to three months' imprisonment on each charge, making in all six months each.

The police asked to see the envelope in which the letter from Miss Barry's uncle had been sent, but it transpired that it had been left at home.

The police appear to attach some significance to the fact of Lowburn being the site of the Cromwell Chinese camp.  -Otago Witness, 29/7/1908.


MARY HAD A LITTLE JAG.

A Striking Story.

Mary Jane Barry is a young lady whose temper may be quite angelic m normal circumstances, but she is apt to get just a wee bit annoyed, or slightly irritated, under stress of cruel provocation. F'rinstance, the other night she went to the house of a fair friend named Margaret Whalley. Mary Jane already had a cargo of joy-juice stowed away under her hatches, and she appealed to Margaret, for some more, to keep the first consignment from feeling lonesome like. Margaret most unfeelingly refused to "turn it on," and intimated, moreover, in a cold, scornful voice, that it would he conducive to better health all round if the droughty visitor would seek a change of scene. Now, the two lady friends had been together a good deal during the day, and had imbibed fraternally at more or less frequent intervals. Therefore, Mary Jane was pained at this unlooked-for rebuff, and the slightest shade of annoyance mingled with her sorrow. She went outside and relieved her feelings in a languid, lachrymous sort of way. Raising her faithful gamp she proceeded, to smash Margaret's windows — not savagely, but more in sorrow than in anger as she meditated mournfully on 

THAT FICKLENESS OF FRIENDS that poets from immemorial times have sorrowed and sung over, and when Mary had sufficiently soothed the pain in her palpitating bosom, 26 panes had vanished from Margaret's windows. 

The next act was when Mary Jane made her curtesy to the Bench. She was charged with smashing glass valued altogether at £2. After Sub-Inspector Norwood had told the striking story, Mary remarked, oh so contritely, "I was very drunk, sir, we had been together all day."

The Magistrate: "What does she do for a living?

The Sub-Inspector: It's a mystery; I'm afraid she earns her living in a way that is not lawful. 

Mary Jane: I go out washing, sometimes, sir. 

The Sub. further intimated that he hadn't a very exalted opinion of Margaret Whalley's residence. It was obvious, in fact, that he regarded it with the chilly stare of suspicion. The fat, middle-aged Margaret, who glowered grimly in Court, was certainly not a very winsome or alluring specimen of petticoats — not the sort to cause a jealous wife any qualms. 

Mary was sentenced to 14 days hard labor. 

"Thank you, sir," she said, with sincere gratitude and a bow to the Bench, as she tripped from the dock.  -NZ Truth 30/1/1909.


A charge of being, helplessly drunk in Willis-street on Friday night while in charge of a horse and trap was preferred against David Barry. On the application of Mr. Dix. who appeared for accused, and with the concurrence of Sub-inspector Norwood, the charge was reduced to one of simple drunkenness. Accused was fined 5s, in default 24 hours' imprisonment. Arising out of the same charge, Mary Jane Barry pleaded guilty to driving a horse and trap furiously. Accused, who was represented by Mr. Dix, was fined 20s, in default seven days' imprisonment. A further information against the same accused, charging her with obstructing a police constable in the execution of .his duty, was withdrawn by leave of the court.  -Evening Post, 20/12/1909.


CITY POLICE COURT.

Monday, May 19. (Before Mr W. R. Haselden, S.M.) Drunkenness. — A first offender was fined 5s. or, in default, 24 hours' imprisonment. On a charge of drunkenness Hugh Coulter was convicted and discharged, but for a breach of a prohibition order he was fined 20s. He was allowed a week in which to pay the fine. — Eleanor Lane, with six previous convictions, was convicted and discharged for drunkenness in Moray place on May 17. Mary Jane Barry pleaded " Guilty" to a charge of drunkenness in Stuart street on Saturday, and "Not guilty" to importuning in Castle street — The evidence of Senior-sergeant King and Constables Lipscombe and Bandy was heard in relation to the latter charge.— According to the Senior-sergeant the defendant had stated, when arrested, that a man named Brown, with whom she lived, made her go out on the streets and get money with which to keep him. — The defendant said she was drunk when she made that statement, and asked the magistrate to give her the opportunity of paying a fine, promising not to come before the court again. She further stated that she had been working at Cromwell for four months, and had only come to town a week ago. — The Magistrate said in regard to the statement reported to have been made by the defendant, it was a pity that there was not a White Slave Act in force in New Zealand. After looking over a list of previous convictions against the defendant, he said society had been trying to reform her for quite a long while, but with very little effect. He would deal with her in her own interests, and so as to make this man Brown work for his living. She would be sentenced to one month's imprisonment, with hard labour.  -Otago Daily Times, 20/5/1913.


"A FEARFUL LIFE"

The Badness of Mary Jane Barry

Billy Brown Declared her "Bludger"

The Woman Gaoled, the Man Freed

(From "Truth's" Dunedin ,Rep.)

When Victor Hugo set down to detail the misfortunes of Jean Valjean and others, he very probably cast his thoughts far into the future, and foresaw a state of society when failures and ill-fortunes as he depicted would be as unfelt and unknown as if such an evil as misfortune had never existed. All great reformers have such dreams, but they are only dreams, for 

WRONG-DOING AND WRETCHEDNESS EXIST and will exist until "the crack o' doom." So much for man's meanness and woman's folly. 

Anyone in the Dunedin S.M.s Court last week would have observed the truth of all this, when Mary Jane Barry and William Brown appeared before Magistrate Widdowson. 

The woman Barry, was a wretchedly, ill-clad, man-mauled creature, with the stamp of a hunted human seared on her prematurely aged features. She was charged with being an incorrigible rogue, an old definition in law that covers vagrancy and vice of all blends. 

Equally despicable-looking, but singularly wolfish in facial type was the man Brown, who was described by Sub-inspector Broberg in one word as a "bludger." He was also charged with being an incorrigible rogue. 

Both pleaded not guilty, and were represented by Lawyer D. D. McDonald. 

Sub-inspector Broberg stated that the woman had indicated that the man had forced her to earn an evil living on the streets, and what was worse, that he had lived upon her immoral earnings. He "shepherded" her persistently, and occasionally she fell in and he got off "scot free." Both were well known to the police throughout the Dominion. 

Constable Fitzgerald said that on July 23 he saw Barry with Brown in Maclaggan-street. Witness concluded she was soliciting. Later on, he saw her in Princess street and he cautioned her. She remarked "You know what I am doing." And, indicating Brown, she said, "Why don't you 'pinch' my husband there; be makes me come on the streets?" One morning, a few days after he arrested her, as she left the house of a Chinaman, 

KNOWN AS "THE DOCTOR." Witness was of the opinion that Brown was simply "shepherding" the woman, and living upon her immoral gains. 

Constable Bandy said he knew the woman for the past six years. She did no work, and her earnings were derived from prostitution, even with the Chinese. Brown was simply a bludger of the worst type. 

Mary Jane Barry, the defendant, said she arrived from Wellington on June 13. She had not seen Brown for 14 months. When he met her he gave her £8. She had been working, and had done half a day's washing the previous day.

Sub-inspector Broberg: Is it not the plain fact that Brown is your bludger? — He's not mine, though he may be in your opinion.

You go soliciting, and he hangs round the corners awaiting what you make, or has a share of it at any rate? — It's false.

The Sub-Inspector showed that the woman had a list of 52 previous convictions.

Brown, the alleged "bludger," said he had worked at shearing, earning £ 4, and also worked m a mill receiving £18. He gave £8 to Mary. Jane when he met her. He had also earned a few pounds the other Sunday.

Sub-inspector Broberg: At what? — Well, I may as well be candid — at gambling.

What kind of gambling? — "Two-up!"

Where did you give her the £8? — In the Bobble Burns' hotel, after the carnival procession passed. 

Where did you meet her first here? — At the Octagon. 

How did it all happen? — Just this way. She came over and said, "hello," and I said "hello" and followed. I said I did not think she was in Dunedin, as I had heard she was in trouble. She told me she had a room in Stafford street, and was looking for washing. 

Have you been nightly about with her? — Yes, day and evening, but for company. I lived with her here for four years when I first met her. 

Any where else? — In Christchurch and Wellington as well.

But she kept you? — She did not. Every time I worked I kept her, and when I had no work we had enough to go on with. 

But you knew she was a prostitute and lived by that means? — I know she was supposed to be a prostitute, as she had been convicted. But she 

HAD BEEN CONVICTED WRONGLY for prostitution. 

So during the four years you lived with her, you really did not know she was a prostitute? — I did not. 

Were you not round the corner, awaiting your gains, in Christchurch when she was arrested for it? — I was never round the corner, but I recollect the occasion. 

You do! And she suffered and you escaped as you usually do? — I didn't always escape. 

No, you did not, for you've a long list of serious offences extending over 10 years. You have had a lazy life of crime for that period. — I have worked and earned my share, and kept that woman for five years. 

How much had you on you when you were arrested the other day? — Two pence. But I had spent £2 the previous day on an outfit. 

The S.M. informed the woman that she would be convicted and sentenced for her own safety to twelve months' detention in the Salvation Army Home at Caversham. 

"HER LIFE HAS BEEN A FEARFUL ONE," the magistrate remarked. 

The case against Brown was dismissed as Lawyer D. D. Macdonald had made it plain that accused had had £20 when he arrived in Dunedin. 

As Brown left the dock he stuck out fully two inches of a dirty tongue at Detective Dan Connolly. Dan looked up in dismay, and Brown cleared like lightning. But all the Court laughed.  -NZ Truth, 14/8/1915.


"This woman is a menace to soldiers," stated Inspector Hendrey in referring to Margaret Elizabeth Brown, who was charged with loitering in Taranaki-street for the purposes of prostitution, contrary to the provisions of the War Regulations Act. The defendant asked for a chance, but her request was answered by a sentence of one mouth's imprisonment. The woman did not remember using obscene language, but for it she was convicted and a fine of 40s, with the alternative of fourteen days' imprisonment, was imposed.   -Evening Post, 31/1/1917.


MAGISTRATE'S COURT

Only a small charge-sheet, was presented to Mr. F. V. Frazer, S.M., in the Magistrate's Court, this morning. Maud Grant, with several previous convictions, was fined £2, with, the alternative of seven days' imprisonment, for a breach of her prohibition order. Margaret Elizabeth Brown and Thomas Cross were convicted of having committed an indecent act in College-street, and was sentenced to fourteen days' hard labour.  -Evening Post, 29/4/1919.


Deaths

BROWN. — On December 22, 1929, at Dunedin, Margaret Elizabeth, dearly beloved eldest daughter of the late Charles and Elizabeth Barry, of 393 Cumberland street; aged 48 years.  -Otago Witness, 31/12/1929.


Southern Cemetery, Dunedin.  DCC photo.



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