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Extract for Those from UFP up to End of Vol 3 at 24.5.2009

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Extract for Those from UFP up to End of Vol 3 at 24.5.2009 Unfit for Publication press cuttings list Summaries of press clippings in Unfit for Publication: NSW Supreme Court and other bestiality, buggery and sodomy trials 1727-1930 (3 volumes), by Peter de Waal, Balmain, NSW, self published, 2006 Page reference in Page Unfit for Year Month Day Publication number Description Publication Law Report. Supreme Court.–Wednesday, August 11. … Central Criminal Court. … (Before his Honor Mr Justice Windeyer.) Offence. William Williams and William Smith pleaded not guilty to having committed an offence at a lodging- house, in Sussex-street, on the 14th May. After hearing the evidence, which was of a disgusting character, the jury found the prisoners guilty, and they were each sentenced to twelve months’ imprisonment, with hard labour, in Darlinghurst Gaol. 1800 Aug 12 Sydney Morning Herald 3 The Court, at a quarter past 6 o’clock, adjourned until the following (this) morning. [Emphasis added] pp. 650-1 Court of Criminal Jurisdiction – On Monday [25 July 1808] the Court assembled and proceeded to the trial of Richard Moxworthy, charged with the commission of an offence, of the most disgusting and abominable kind. In support of the accusation many witnesses were called, the most favourable of whom went considerable to strengthen the material circumstances of the charge; which after a long and painful investigation, left not on the minds of the Court a doubt of actual guilt. John Hopkins, his accomplice in the crime, was also indicted on the charge, and found guilty. [Emphasis 1808 Jul 31 Sydney Gazette 2 added] p. 44 Court of Criminal Jurisdiction – On Monday [21 August 1809] the Court of Criminal Jurisdiction re-assembled; when John Wilson was indicted for an abominable attempt [with Jacob (Bussell ?) a boy of eleven years of age] and acquitted for want 1809 Aug 27 Sydney Gazette 2 of sufficient evidence. [Emphasis added] p. 54 Court of Criminal Jurisdiction – On Saturday [18 March 1809] the Court re-assembled and proceeded to the trial of [David Dundas] a case, the nature of which requires no further mention than that the defendant was acquitted [of an attempt to commit an Unnattural Crime on William Hutton and others ] of the charge. After which the Court adjourned to Monday 1809 Mar 19 Sydney Gazette 2 morning nine o’clock. [Emphasis added] p. 51 Court of Criminal Jurisdiction – On Wednesday [13 September 1809] the Court assembled; before whom James Strahan was indicted for a heinous offence, [abominable crime of buggery upon a certain Bitch] of which he was acquitted for want 1809 Sep 17 Sydney Gazette 1 of sufficient evidence. [Emphasis added] p. 52 Sydney – Sitting Magistrate for the ensuing Week – A[lexander] Riley, Esq. Michael Simpson, Thomas Brown, and William Bailey, the two later of whom were prisoners, were this morning exposed on the pillory in the public market place for an offence of an abominable description, for which Brown and Bailey were also sentenced to be corporally punished with 50 lashes each, and the three to be afterwards sent to different settlements for three years, there to be kept at hard labour. At 9 they were placed on the scaffold, and at 10 were taken down, during which exposure the indignation of the populace was such as frequently to require the interference of the Police for the prevention of stones and other hard substances being thrown at the criminals, whose very sufferings were held in derision as they were themselves the objects 1812 Feb 8 Sydney Gazette 2 of universal derestation [sic] and contempt. [Emphasis added] p. 57 Sydney – Sitting Magistrate for the ensuing Week – S[imeon] Lord, Esq. Joseph Bather(aka Thomas Batter), who has been convicted of an assault disgraceful to his species [charged with attempting to commit an unnatural crime with one James Daley near Parramatta on the 2nd day of February], was this day pillored in pursuance of the sentence passed upon him, after which he was punished with 50 lashes, and kept to labour for three years at any settlement he may be sent to. 1812 Feb 15 Sydney Gazette 2 [Emphasis added] pp. 55-6 Australian Lesbian and Gay Archives 1 Unfit for Publication press cuttings list Page reference in Page Unfit for Year Month Day Publication number Description Publication Sydney – Sitting Magistrate – W Broghton, Esq. This day a Bench of Magistrates assembled, before whom Francisco O’Bragh, [aka Francis Hobra; Giovanni Astardo] a foreigner, was convicted of an assault of a horrible nature; [charged with unlawfully assaulting one Andrew Snowden, a child of seven years old, with intent to commit an unnatural crime on the body of the said Andrew, at Parramatta on the 14th day of Sep instant] and sentenced to receive 100 lashes at Parramatta on Thursday next; to stand in the pillory an hour on the Thursday following; to be imprisoned in a solitary cell one month on bread and water only; and to be afterwards sent for three years to Newcastle, there to labour in the coal 1813 Sep 25 Sydney Gazette 2 mines. [Emphasis added] pp. 61-2 Criminal Court.– Wednesday.– [6 March 1822] Edward Bedford, guilty of an infamous [bestiality with a horse] assault – 1822 Mar 8 Sydney Gazette 3 7 years transportation. [Emphasis added] p. 68 Criminal Court – Thursday.– James Rourke (aka James Ruark) was found Guilty of an attempt an abominable offence [Crime of Buggery on a Sow the property of William Rudgley, in the District of Cooke] 7 years transportation; previous to 1823 May 1 Sydney Gazette 2 which, he is publicly to receive two corporal punishments. [Emphasis added] p. 71 Sydney Quarter Sessions. Wednesday, 8th. – [November 1826] Thomas McLean and James Taylor were indicted for an assault, with intent to commit a nameless offence. Taylor Not guilty . McLean, Guilty . Sentenced to stand in the pillory on a day to appointed, to be imprisoned in the gaol at Newcastle for two years, to pay a fine of £20, and be further imprisoned 1826 Nov 11 Sydney Gazette 3 till such fine be paid. [Emphasis added] p. 75 Quarter Sessions. (Wednesday.) [8 November 1826] Thomas McLean and James Taylor were indicted for an attempt to commit a very serious offence. Verdict– McLean Guilty, Taylor Not Guilty. The latter was discharged; the other prisoner was sentenced to be exposed in the public pillory for two hours on some day next week, to pay a fine of £20 to the King and The Australian (1824- be imprisoned in the gaol at Newcastle for a term of two years, and be further imprisoned until such fine be paid. [Emphasis 1826 Nov 11 1848, weekly) 4 added] p. 75 Supreme Criminal Court. Monday 27 November. Before Mr Justice Stephen. Thomas Rogers was indicted for wilful and corrupt perjury, committed before the last Court of Quarter Sessions, on the trial of Thomas McLean, for an unnatural crime. – Guilty. Sentenced to stand for one hour in the pillory, on a public market-day, at a place to be appointed, and 1826 Nov 29 Sydney Gazette 3 afterwards to be transported to a penal settlement for the term of seven years. [Emphasis added] p. 73 Criminal Court. Friday [5 December 1828] Mr Justice Stephen having taken his seat, James Stephenson, Henry Airs, Thomas Turner, and -------, were arraigned, being severally indicted for an unnatural crime. One of the prisoners, it appeared in evidence, was chief mate, and the others were seamen belonging to a whaling vessel, which recently put in [Sydney] here. We shall not enter into the disgusting details of this case. Suspecting, from the apparent close intimacy of the parties, and their secluded habits, that all was not correct, the Captain and others took an opportunity of observing their conduct, with more than common circumspection, which finally induced the Captain to bring his vessel into port, and the merits of the case under legal investigation. The prisoners being indicted capitally, and there being no direct proof of the The Australian (1824- suspected object of their assembling having been effected the Court directed a verdict of acquittal. The prisoners were, 1828 Dec 9 1848, weekly) 3 however, detained to answer to a fresh information. [Emphasis added] p. 76 Australian Lesbian and Gay Archives 2 Unfit for Publication press cuttings list Page reference in Page Unfit for Year Month Day Publication number Description Publication Supreme Criminal Court. Saturday, Dec. 13 [1828]. George [aka Alexander] Browne, and William Lyster, mariners on board the ship Royal Sovereign , convicted of an unnatural crime, being placed at the bar, the Attorney General [Alexander Macduff Baxter Esq] pleaded the judgement of the Court. The Chief Justice [Francis Forbes] – “George Browne, and William Lyster, you have been severally convicted of an unnatural crime, called sodomy, – a crime which our laws hold in particular abhorrence. I shall not go into any observations on the offence of which you have been convicted, further than to state, that, after the most anxious consideration which I was enabled to give your case, and after putting it to the Jury as one deserving of their most attentive regard, with respect to all the circumstances connected with it, they came to the conclusion that you were guilty. The law has made your offence capital. It is one at which nature shudders; and it therefore only remains for me to pass upon you that sentence which is affixed to the crime of which you were convicted.” Sentence of 1828 Dec 15 Sydney Gazette 3 Death was then passed upon the prisoners. [Emphasis added] p. 81 (Domestic Intelligence continued .) … The following seven unhappy wretches are to suffer death on Monday, viz. John Iron, James Holmes, William Owens, Thomas Whisken, John Walsh, William Baynes, and Alexander Brown.
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