Wednesday, February 15, 2023

Sidney William Colyer - a very bad boy.

 Sidney Colyer is not actually on my tree, he is the grandfather of one of my inlaws, but he has proved a bit of an elusive character.  Recently I found the grave information of his 2nd wife, and that led me to track down Sidney and confirm I had the right Sidney.  Oh my, he was certainly well known to Sydney police!


The family appears to have come from Kent in February 1850 aboard the "Anglia".  Sidney's grandfather (William Colyer) and his family are listed as passengers.  Just 19 years later tragedy seems to have befallen the family, and William, listed as a farmer of Nowra Hill, met his death.  The account from his wife is quite sad:

"He was driving the bullocks carefully down the hill near Mr.Brown's when my husband saw the bow coming from the neck of a poney bullock; I was in the dray with some flour; the deceased ran on the other side of the bullocks to put the bow right, when he, my husband, fell, and the dray wheel passed over his body; I got out of the dray, and raised the deceased's head on my lap; he never spoke after the accident, and died upon the road in about two minutes. "

His wife Sarah (nee Reed) was left with 4 children to bring up on her own.  One of them was James William Colyer, Sidney's father, whose occupation is listed as brickburner.  Brickburners were charged with maintaining the temperature in a brick kiln. James married Sophia Ryan in 1883, but died just 14 years later leaving Sophia with 4 children.  She later married William Liddle and had one other child.

Sidney William Colyer lost his father when he was just 8 years old.  Born in Marrickville in 1889, by the age of 19 Sidney married Elsie Annie Westwood, aged 18.  They married in September and their daughter Elise Irene was born the following March (1909). Elsie's parents came from England in 1883 aboard the "Ellora".  Her father, Samuel was a brickmaker, so the families may have known each other through this work association.

It is likely that they worked together at what is now Sydney Park.  In 1796, Elizabeth Needham, a former convict received a 40 acre land grant in her own right in the district of Bulanaming on the site of today’s Sydney Park, it was later sold to Josiah Gentle who established the Bedford Brickworks company.  (for more information see : History of Sydney Park.)

                       St Peters tip and brickwork chimneys, 1971 (Image City of Sydney archives)

From 1909 to 1914 Elsie and Sidney had 4 children, Elsie, James, Frederick and Sidney Norman.

By 1915 however Sidney was in trouble with the law.  He was charged with two counts of stealing and it was reported in the Sydney papers as follows:



Information in the criminal court records held at the NSW State archives shows that for  stealing jewelry and money he was sentenced to 2 years hard labour,   Fortunately these are digitised as they can be quite difficult to read, but much easier when you zoom in on them.



This is also where I found the first photo of Sidney, in the Gaol Photo Cards, there is quite a bit of information about him on this card.  His exact date of birth is confirmed, and there is a detailed description.  He was B,S,(this means born Sydney), Church of England religion, could read and write, 5ft 6-3/4inch in height, weighed 130 pds and had brown hair and blue eyes.  He wore six false teeth, had a scar on the back of his right finger and a mole on the right side of his abdomen.  This portrait was taken on 15th May 1915 when he was sentenced and entered gaol.


By January 1917 Sidney was released from gaol, but just a few months later appears in the police gazette again:

"Newtown - a warrant has been issued by the Newtown Bench for the arrest of Sydney William Colyer, alias Sidney Colyer, charged with disobeying a magisterial order for the support of his wife and three children (PDS 24 due).  He is 28 years of age, 5feet 6-1/2 inches high, medium build, brown hair, blue eyes, big ears, scar on back of right little finger: an engineer.  Identical with discharged prisoner same name (vide Police Gazette, 1917 page 9 Photo Book, no 77 page 299)"

By this time his wife Elsie had petitioned the court for maintenance and he was probably not living with the family. In November 1918 another warrant had been issued, this time for PDS 57, and he was arrested by Constables McDonald, Jones and Almond of the Sydney police and discharged because he paid the amount due to his wife. 

Elsie was clearly fed up with him and began divorce proceedings.  The divorce papers are held at the NSW Archives and make very interesting reading.  Elsie began divorce proceedings against Sidney William Colyer on the grounds of adultery with one Clara Gibbs.  At the time Elsie is listed as a Typiste from Violet Street, Enfield.

Clara Gibbs lived at her parents house in 475 Dowling Street Sydney and elsewhere between 12th May 1914 and 18 July 1918 when Sidney is alleged to have committed adultery. Clara appears to have worked at a dairy in Queen Street Waterloo, where papers were served on her in 1919.   A photo of Clara was found in the divorce papers:


Elsie made a statement on 17th July 1918 for the divorce:

"I earn 16 shillings per week with board.  I have no other means or property.  I pay my mother 15 shillings per week and she supports my 3 children (9,7,5) and I live at her home.  I do not know my husbands address or what his means are."

By this time one of Sidney and Elsie's children, Frederick G. was not listed as he had died in 1913 aged just 10 months.  Only 6 months after this statemet another of Elsie's children died, Sidney Norman, in Camperdown Children's Hospital in 1919, aged just 4 years.  Elsie was living with her mother and children and obviously most of her money was going towards that, she had 1 shilling per week for herself.

Sidney was served with the divorce papers in August 1918 at Bathurst Gaol (I have not found out why he was there).  It appears that the divorce took 2 years to be finalised.

In 1919 Sidney is back in the dock again, this time with accomplices, it was reported in the Sun Newspaper as follows:

-----------------------

"CITY ROBBLRY

Tailor Accused of Receiving

Two Men Charged with Stealing

A saddler, James Macfarine 35, and Sydney Colyer 20, engineer were charged with having broken into the shop of George Breathour on March 11, 1919 and having stolen the goods the property of Breathour and Hardwick.  Sergeant Spyer prosecuted, Mr D Levy appeared for Lefcoviteh and Mr. Franker for Colyer.

         Found Materials .

Constable Quinn said that on March 26 he,other policemen, and Breathour, went to Lefcovitch's shops in Oxford and William streets, ; Paddington, and found a quantity of materials, which Breathour identified as his. Asked about whom he paid for the material, Lefcovltch replied that he gave a man named Sommorville money in tens and twenty pounds: Subsequently, he saw Colyer at Long- Bay Penitentiary, where he related a statement made by Sommerville to witness, that Sommervilie had said to Colyer that Lefcovltch would purchase the suiting material, and that Sommorville was taken to a house in Cleveland-street, where he was shown suitings, which were taken by three men to Lefcovitch's shop in William street.

Reported Threat to Shoot

The witness further said that Sommerville told him that later one of the men said at the Hyde Park Hotel in Elizabeth-street that unless the tailor settled that night they would take a car, go and  get the stuff, and sheet Lefcoviteh. Subsequently payments were made by Sommorville to three  men at Epstein's hotel corner, Oxford-street, Paddington.

Colyer denied Sommerville's statement, and Macfariane stated that he never had a conversation with Sommerville in reference to the disposal of the goods. Lefcoviteh stated that he purchased the materials from three men.

Trial Proceeding.


Two days later the trial continued and was report as below: 

 FINAL EXTRA

THE SERGE CASE

HATTER'S EVIDENCE

Payments of money

The case against Sam Lefcovlteh, 83, tailor, charged before Mr. Burton Smith, S.M., with having, at Paddlngton, between, March 12 and 26, received a quantity of serge, and other goods valued at £600, the property of George Breathour, and socks and other

goods, valued at £14, the proporty of Percy Hardwlck, knowing them to have been stolen, was resumed in the Central Police Court this afternoon, and the case against James M'Farlane, 35, saddler, and Sydney Colyer, 29, engineer, charged with, on or about March 11 last, having broken and entered the shop of George Breathour, at 03 Elizabeth-street, city, and stolen the goods, were taken, together.


A Hatters Evidence

James Sommorvllle, a hatter, continuing his evidence, said that Lefcovlteh measured the serge with a yard stick. He heard McFarlane say there were nearly 200 yards in It. Lefcovlteh called witness Into the dining-room and gave him £10, and Lefcovlteh said he would give witness a cheque the following day.  

As Lefcovitch measured off the rolls he put them on the shilves.  On the following day witness got £10, but no cheque. That night he got £20. Witness did not give Lef'covitch a receipt because he thought the money was for the other men.

Witness got several cash Instalments on tho serge, but Lefcovitch seemed to have a difficulty In getting tho money, and on one occasion ho had to pawn his watch and chain to get the money. It seemed to him .that Lefcovltch's conduct was perfectly  straightforward and honest.

Witness did not mention to Lefcovitch that he had seen the material in a washhouse, and when he saw it there his own- suspicions were not aroused.

Witness did not tell Lefcovitch where he was getting the material from. Lefcovitch's shop was pointed out to him by Colyer, and Lefcovltch's instalments were received by Colyer and M'Farlane at different place, being given to them by witness.

Lefcovitch, M'Farlane, and Colyer pleaded not guilty, and were committed for trial."


That is not the end of the story however, and the trial was reported in the Evening news:

CRIMINAL TRIAL.
JUDGE INTERVENES.
CROWN'S IRREGULAR ACTION
An extraordinary development took place at the Quarter Sessions yesterday. Judge Backhouse stopped the case, discharged the Jury, and ordered a re-trial. James McFarlane,  Sydney Colyer and Samuel Lefcovitch pleaded not guilty to the charge of breaking and the shop of George Breathour, in Elizabeth-street and stealing tweeds, dress material and other goods of the value of £500. There was a second count of receiving. in the case. for the Crown It was stated that on the night of March 11 Breathour's shop was broken into and a large quantity of goods stolen. Some of the stolen goods were traced to the possession of Lefcovitch, who had two shops, one in William-street, the other in Oxford-street. The arrests of McFarlane and Colyer followed'. During the examination of Constable Quinn J he was asked by the Crown Prosecutor what (he did when he spoke to Lefcovitch about the men from whom he had purchased certain goods. The constable said that he asked Lefcovitch if he could recognise the men. "Next day at the police station," the witness proceeded, "I showed Lefcovitch a criminal photo, book."Mr. McIntosh (who appeared for McFarlane) and  Mr. McMahon (for Colyer)  objected to the constable's statement. His Honor uphold the objection, remarking that an attempt was clearly being made to got in unfavourable evidence as to character. Then, addressing the Crown Prosecutor, his Honour said "I think my proper course is to stop the case, discharge the Jury and order a new trial".

The trial was stopped and the three men were remanded on bail.

-------------------------------- 

 I have not found a further report of the trial, but the 1919 gaol card for Sidney gives us the following information

Sydney   19.3.19  Larceny, sentence 2 years hard labour

Sydney   7.7.19     Receiving sentence 12 months hard labour

    Convicted with James Mcfarlane and Sam Lefcovitch

Malvern Vic   12.9.21 unlawful possession  12 months suspended

Malvern Vic   Housebreaking implements 12 months suspended

Melbourne  Shop breaking sentence 12 months H.L. and H.C.


On the  charges of Larceny and receiving Sidney was discharged from Bathurst Gaol on 19th April 1920, but by May 1921 he was again charged with stealing from Richard Hunt and Co.  He ad Ralph Cornwall stole silks and other material to the value of PDS 821 (some of it recovered, they also stole silks, clothing perfumery etc from Bon Marche Ltd to the value of PDS524 14s10d and further charged with breaking and entering the warehouse of Henry Simons and Co and stealing two hacksaws.  More charges were added for breaking and entering the shop of William Alexander McCrea and stealing blouses worrh PDS80, and the shop of Frederick Landau and stealing clothing, searges and a gladstone bag value PDS150. Quite a shopping spree!

They were granted bail but in June charged with failing to appear in court.  Sidney was not arrested until 4 years later in November 1925, when he was arrested by the Victorian police and remanded to appear in court at Sydney Quarter Sessions on 2nd November 1925.  The charges regarding Bon Marche were dropped.  In the Police Gazette the charges for stealing from George Dolin Bertinshaw he was sentenced to  "appear for sentence if called upon in the next 3 years"  For the other offences I have found no other information, presumably they also may not have been prosecuted.

So what happened to Sydney William Colyer?  The next record I have found of him is in Victoria, living with "Lily Colyer" in Albert Street Prahran.  He is listed as an engineer.  He married Margaret (known as Lily) Paul in 1951.  His first wife Elsie had another child after their divorce (Nancy Colyer) her father is not given on her birth certificate, and seems unlikely to be Sidney.

A search of the Victorian archives found another gaol card under the alias of Sydney Thompson, this card was begun in 1921 when he was charged with unlawful possession of housebreaking implements, this is probably when the NSW Police identified him as the photos from NSW are also included.  At this point he was officially declared to be a Habitual Criminal, prisoner Number 36110.


He is charged in Victoria on 21.5.29 with shopstealing, sentenced to 2 years hard labour on 1st count, and 3 years hard labour on 2nd count, there is a note that he is to serve 4 years.  He is further charged in Victoria in 1933 with unlawful possession, and sentenced to 12 months.  He spent time in Pentridge gaol from 1921, 1923, 1924/5, 1929 and 1933.  The last entry is "To Freedom, 20/9/1934"


I do not know if Sidney gave up his life of crime, as time goes on and more records become available more information could become available.

Sidney William Colyer died on 31st October 1959, the circumstances are presently unknown, although there is a coroners card at the Victorian archives to be investigated.  The Age has a death notice that says he died suddenly.  He is buried with his second wife Margaret and her 1st Husband Frederick Lewis at Melbourne General Cemetary.  His 1st wife Elsie did not remarry, and died in 1976.


The grave of Frederick Lewis, Sidney William Colyer and Margret Colyer (Nee Paul)





Jury, and order a
Sidneox this textHonor said: "I think my proper course isThe jury was discharged, and two of the accused were released on bail of £300 each, the third refused bail.S

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