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New South Wales Non-Homicidal Assaults, 1788-1851.Pdf

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Sex-related Offences, NSW, to 1809 This file is under constant review and will be updated at regular intervals. The major source still IN PROCESS is the trial proceedings (see 1840 for an example) and a few other semi-legal sources. SYD-SEX Court of Criminal Jurisdiction, Minutes of Proceedings, 1788 to 1794, State Records N.S.W., 5/1147A[1] R. v. Wright Court of Criminal Jurisdiction Collins J.A., 10 September 1789 [141] At a Court of Criminal Jurisdiction held by Precept under the name and seal of His Excellency Arthur Phillip Esquire Governor in Chief and Captain General in and over the Territory of New South Wales, and its Dependencies, for the trial of such offenders as shall be respectively brought before it: The Judge Advocate Captain John Hunter, of the Primus Captain Campbell, of the Marines Lieutenant H.L. Ball, of the Supply First Lieutenant Thomas Timmins of the Marines First Lieutenant Ralph Clark of the Marines Second Lieutenant Mr Feaddy of the Marines The Precept being read and the Court duly sworn; HENRY WRIGHT , of Sydney Cove in the County of Cumberland, Private Soldier, was indicted for that he not having the Fear of God before his Eyes but being moved and seduced by the Instigation of the Devil on the twenty third Day of August, in the twenty ninth year of the reign of our sovereign Lord George the Third, now King of Great Britain, France and Ireland, defender of the Faith and with Force of Arms at a certain Place near Long Cove in the County of Cumberland aforesaid in and upon one ELIZABETH CHAPMAN , Spinster in the Peace of God and our said Lord the King, then and there being, violently and feloniously did make an assault and her, the said Elizabeth Chapman then and there feloniously did ravish, and carnally know, against the Form of the Statute in that Case made and provided, and against the Peace of our said Lord the King his Crown and Dignity. Elizabeth Chapman, being called was asked Question. How old are you? Answer. A little more than eight. Question. Do you know that it is wrong to speak an untruth? Answer. Yes. Question. What will happen to you if you do? Answer. Go to the Devil. [142] Question. Where do you expect to go if you speak Truth ? Answer. To Heaven. Question. Can you say your Catechism ? Answer. Yes. Question. The Lords Prayer? Answer. Yes. [She repeated it.] Elizabeth Chapman was then duly sworn. She deposes that she knows the prisoner, that his name is Wright. That she saw him often Sunday. That she had breakfasted. That after Dinner she was walking with Mrs Kennedy to Mrs Thomas's. That after they were going along to borrow a couple of saucers and cups, they were met by her little sister Jane who told her that Wright wanted her to come down for some flower. That she went to Wright's house. Mrs Kennedy giving her leave to go that her sister did not accompany her all the way. That she went back to the Prisoner's house. That no one was in the house but Wright, the Prisoner. That he asked her if she would have some flower. That she said yes. He then gave her some flower. Soon after she had been there the Prisoner's wife, two [?] of the Prisoners. And Mary saw Wright come in. Then he asked her if she would go on a walk. Then she answered yes and went to Mrs Kennedy's for her hat. That then she followed the Prisoner, who was going with MARY ANN WRIGHT , towards the Guard House. That then they walked on a little further than Cockle Bay in Long Cove. Mary Ann accompanied them all the way. When he came to Cockle Bay, the Prisoner said "Baby shall we play". That she said no and ran away [143] from him. That he came after her and overtook her. That then the Prisoner [?] upon the ground and put her upon his Lap. That she saw him unbutton his Breaches. That at this time she was sitting on his lap. That he put her saddled across him. That he took up the Petticoat. That he then put his Private part where she makes water. That he hurt her very much. That she told him to be quiet. That he had touched her with his finger before he touched her with his Private Part. That he put his finger also where she makes water. That he was still sitting on the ground. That Mary Ann was still sitting a little distance from them. That she was not standing on the ground, but resting on him. That she was endeavouring to get away. That he kept her still and straddled across him. That she was in great pain all the time. She told him he hurt her. That he did not tell her he would use her ill, if she got away. That after he had done, she felt something was between her legs. That she did not know how it came there. That she had not made water herself. That he then wiped her with his shirt. That as they were walking home she told him that she would tell her mother, he said he did not care. That she walked on before him leaning Mary Ann with him. Mary Ann shortly after ran after her. They then walked on together. The prisoner picked some flowers which after they came home he gave her. That while in the woods, after he had hurt her, he [144] told her he would give her a doll, which he did that evening. That she then went to Mrs Kennedy's where she had tea. That she would have told Mrs Kennedy, but she was afraid she would have beaten her for going with him. That she did not feel sore or in Pain either coming home on that Nightfall or the next Morning. That the Friday after she found herself ill. She found herself sore. That she never told her Mother for fear she would beat her. That the Prisoner told her not to tell Nanny Ainsworth. She said she would. He said if she did, he would smack her backside. That when he gave her the Doll he did not like her not to mention what he had been doing, to any body. That she did not mention it to any Person until the Sunday after when she told her Mother. Question. Can you tell how far he put his Private Part into her. Answer. I do not know. Question. Did he put them in at all. Answer. I believe so. MARY KENNEDY , being sworn deposes that Elizabeth Chapman was coming to her house to drink a Cup of Tea on January 23 last, that about three or four in the afternoon she came. That not having cups and saucers enough, she went down to Mrs Thomas's to borrow some. She took the [?] with her. That as they were going along they met her little sister, Jenny who said, she must come along soon to Mr Wright's [145] to get some and to [?]. That she gave her leave to go. Telling her if she staid, she should go to tea with her. That having got the Cups and Saucers, she returned and soon after which Elizabeth Chapman came in for her Hat saying she was going into the woods with Mary Ann Wright and the Prisoner. That the Child [?] her, that looking out she saw the prisoner with the Prosecution and the old [??] passing the Guard House. No other person was with them. That they appeared as if going to Cockle Bay. That Elizabeth Chapman returned to her House in about an hour and a half. That she had a wooden doll in her hand, that she said the Prisoner had made for her, and something to wear he had given her. She gave her some tea. Soon after which she wanted honey. That also he came to her the next Morning but she did not observe anything particular about the girl. Except that she frequently wanted to go out and make water. Question to the Prosecutrix. Did ever any other Person play with you or use you or use you as the Prisoner had done. Answer. No. JAMES BAGLEY , Corporal of Marines, being sworn, deposes that he saw the Prisoner on Sunday Evening the 23rd of last Month,. That he was there standing opposite the Door briefly. Kennedy Hunt - no one with him but Mary Ann Wright. That he saw no more of him. Does not recollect the exact time of the Day. JOHN RUSSEL , Private Soldier, being sworn, deposes, that on Sunday Evening the 23rd instant, he saw the Prisoner standing outside of Mary Kennedy's hedge, with a Child in his Hand but whose he does not know. That he did not see any more of him as he went into the Guard House, where he was on Duty. [146] JANE CHAPMAN being sworn deposes that the Prosecutrix is her Daughter. That on Friday Night the 26 Instant, as her Daughter was asleep in Bed, it being her common practice to look at her Children before she goes to Bed, to hug them as free as she can from [?]. She perceived something white coming from her private Parts, as she lay asleep. Then she wiped her. Nothing else happened that night. She did examine her very close meaning to take her time.
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