The Redan Assault Case

The Redan Assault Case occurred on the 12 August 1900, when a woman was assaulted by two men during a house invasion.

The details
The committal hearing was held in Ballarat in September 1900: THE REDAN ASSAULT CASE. James Malone was charged with assaulting Helen Crowle, on 12th August. He pleaded not guilty, and was defended by Mr Fred A. Ham, who, at the outset, claimed that Sergeant Biggs could not conduct the prosecution, unless he was the informant. In this instance a private person was the informant, and the sergeant had no locus standi. Mr Dickson, P.M.—The Act provides that the police may be asked to assist the court, and as this is an indictable offence, there is no reason why the sergeant should not examine witnesses. The hearing of the case was then proceeded with.

Constable Hooley stated that on the 18th inst. he arrested accused, and took him to the watchhouse. He asked him if he was in Latrobe street on the night of the 12th. Accused answered in the negative, and also denied knowing Mrs Crowle, but subsequently he was identified by Mrs Crowle as one of the men who had assaulted her. To Mr Ham—Two men named Francis and Malone were suspected. Mr Ham—Who told you that these were the men ? Witness—l don’t care to divulge that. But I will press it. I will ask the bench. Mr Dickson—He does not care to divulge the name, and that is the end of the matter. Mr Ham—Was it Mrs Crowle who told you? No, it was not. She could net identify Francis at first, but afterwards she said she was sure of him. He was, however, not arrested.

Helen Crowle residing at 32 Latrobe street, said that on the night of the 12th inst., when she was in bed, she heard a knock on the window, and getting up, she saw two men. She pretended to be addressing her husband, and said— "Get up, Jack; there’s two men out here," to which Malone replied from outside, "None of your bluff; we saw him go to work." They called on her to open the door, and when she refused, they broke the door in, and Malone punched her on the face several times, blackening her eyes, and knocking a tooth out, while the other man called out, "Stun her." The men ran away laughing, and she went and told her neighbor, who informed the police. Witness was cross-examined at some length by Mr Ham, but persisted in her statement.

William Crowle, son of the previous witness, gave evidence, but could not identify Malone as the man who struck his mother. Bertie Crowle gave corroborative evidence. Patrick Downes, battery-feeder at the Band and Loch mine, deposed to seeing Malone and another man near Mrs Crowle’s place on the night in question. He was not sure of the two men. Afterwards he heard screams from Crowd's house. Constable Stallard deposed to having seen Mrs Crowle on the morning of the assault. She was bruised about the face, and otherwise knocked about, and he advised her to apply for warrants. For the defence, Mr Ham commented strongly on the apparent apathy of the husband in the matter, and on the fact that no warrant was issued until a week after the matter had been reported. The evidence of identification was weak all through, and, in fact, Malone was not near the place at all.

Malone, on his own behalf, gave evidence that on the night in question he was in Ballarat East with a man named Steele, and was at home before 11 o'clock, and in bed by midnight. He did not leave the house again. He denied having been near Mrs Crowle’s house. Herbert Steele corroborated accused's evidence. He left accused near his home, but did not see him enter it. Michael Henry Malone gave evidence of his brother having slept in the same room as himself on the night in question. This closed the case, and the bench committed the accused for trial at the next sittings of the Supreme Court on the 1th October, allowing him out on his own surety of £50, and two others of £25 each.