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1866, James Mahoney and Jeremiah Mahoney - Unfit For Publication
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The documentation of our history has to me always been a very important aspect. Although victories or celebrations are seldom part of this history, it’s important that it is put on record.

The cases recorded verbatim here, cover a very wide spectrum of emotions ranging from sadness, humour, violence, to compassion and even love.

For gay historians, this material gives an interesting insight into the lives of what we might call our ‘tribal ancestors’, for not only is the legal process on full view, but the evidence presented in each case gives us a window into these people’s lives, and how they managed their desires in a hostile society: where they might meet, how they might interact, and how they saw themselves and their ‘condition’.

Foreword by
Gary Wotherspoon

Peter de Waal

In the Central Police Court, George Harrison, alias “Carrie Swain,” an effeminate youth, was charged with vagrancy.

From the evidence of Senior-constable Sawtell and Constable Brown, it appeared that the prisoner was in the habit of frequenting Hyde Park and College-street, painted, powered, and bedecked so as to represent a female.

In this state he perambulated the streets and parks after dark. When arrested, it was found that he was wearing stays. The prisoner was sentenced to three months’ imprisonment with hard labour.

Gaol Photo - "Said to be a Pouftah"

1889, George Harrison

1889, George Harrison

A DETESTABLE CHARACTER.

The position of Darlinghurst Gaol is well known, and the prison forms a conspicuous object to persons travelling along the eastern tramline near where Botany-street branches off from Oxford-street. It covers an area of about 4¾ acres, and is situated on about the highest point of a ridge having between it and Oxford-street the Darlinghurst Courthouse, with the large plot of tree-planted land in front.

Darlinghurst gaol and courthouse, in foreground, complex, c. 1930.

"I looked over the rocks. I saw the two prisoners now before the court committing an unnatural crime. The prisoner Weston was in a stooping position with his head down and trousers down, and the prisoner Blackwell was behind him with his trousers down; and both in the act of copulation."

Blackwell and Weston were both sentenced in 1845 to twelve months hard labour in Darlinghurst Gaol.

The Sydney Morning Herald, Mon 8 Mar 1886

Mr George Newbolt, Assistant Superintendent on Cockatoo Island.

Darlinghurst gaol and courthouse, in foreground, complex, c. 1930.

He took me into his wife’s bedroom.
He brought into the room a bottle of Vaseline.

He said “I can easily do it with a little Vaseline.”

I said I didn’t believe him that kind of thing.
I said “What good will it do me?”

Vaseline Advert

1899, Simeon Alexander Moss

1899, Simeon Moss

Charge of Indecent Assault.

Simeon Alexander Moss was charged with having committed an indecent assault on Stanley Lake at Bowral on 20th July, 1899.

‘We are glad to be able this week to present to our readers an illustration of the new court house at Yass, now in course of erection, the ceremony of laying the foundation-stone of which, on this 20th of July last, by the Honourable the Colonial Secretary, in the presence of the Premier, Minister of Works, Attorney-General, &c, was duly recorded in our columns. The design has been prepared by the Colonial Architect, and is on a scale commensurate with the requirements of the district. The style chosen is classic of the Roman Doric order. Advantage has been taken of the site to give effect to the design by its approach, which is by a very broad and imposing flight of steps.’

The April sitting of the Yass Circuit Court opened before his Honor Mr Justice Faucett on Wednesday last. Mr Plunkett acted as Judge’s Associate and Clerk of Arraigns, Mr Mann, prosecuted on behalf of the Crown, while Mr Ould represented the Crown Solicitor. The other legal gentlemen present were Mr Colonna Close, barrister-at-law, and Mr EA Iceton, solicitor. Mr T Colls JP represented the Sheriff.

1885, Henry Smith was found guilty of having committed bestiality and sentenced to three years’ hard labour in Yass gaol.

Australian Town and Country Journal, Sat 31 Aug 1878

The Yass Courier, Fri 17 Apr 1885

IN writing this pamphlet my sole desire is to bring before the public the present injudicious system of treating juvenile delinquents, and those unfortunate children whose only crime is their poverty.

That a lad should be imprisoned simply because he is poor, is both brutal and unwise; but that he should he indiscriminately herded with young criminals is the height of folly and injustice.

That it is so, is undeniable.

On 25 January, 1867 the Colonial Secretary purchased the wooden sailing ship the “Vernon” and at a cost of more than eight and a half thousand pounds it was fitted up as an Industrial School. The ship, moored in Sydney Harbour between the Government Domain and Garden Island was declared a Public Industrial School on 6 May, 1867.

Industrial Schoolship - Vernon

 

Empire, Thu 26 Apr 1866 1

WATER POLICE COURT.—Wednesday.
————
(Before the Police Magistrate, Mr T Dangar, and Mr Austin.)


    James Mahoney, aged 58, and Jeremiah Mahoney, aged 20, were committed to take their trial at the ensuing criminal assizes, for an offence against nature.

~ ~ ~ ~ ~

The Sydney Morning Herald, Thu 26 Apr 1866 2

WATER POLICE COURT 
WEDNESDAY, [25 APRIL 1866]

Before the Water Police Magistrate, [Peter Lawrence Cloete] with Mr H[enry] Austin and Mr T[homas GG] Danger.

    James Mahoney and Jeremiah Mahoney, charged with an unnatural offence, were committed for trial at next Criminal Court.

~ ~ ~ ~ ~

Depositions for James Mahoney and Jeremiah Mahoney 15 May 1866 Sydney trial 3

Peter Lawrence Cloete, Magistrate,
Water Police Court, 25 April 1866

William Edmond Plunkett, Under-Secretary,
Crown Law Department, Sydney

Sir,
    I have the honour to forward herewith the Depositions and Recognizance in the case of the individuals named in the margin (Jeremiah Mahoney and Jas Mahoney) who have this day been committed to stand their trial at the ensuing court of gaol delivery to be holden at Darlinghurst on the 14th day of May next.

    I have the honour to be,
      Sir,
    your most obedient Servant,
[Signed] PL Cloete, WPM.

~ ~ ~ ~ ~

(M., 11 & 12 Vic., Cap. 42.)

Depositions of Witnesses.

City of Sydney
TO WIT.           }

The examination of Alexander Pirie a Constable of Police Force in aforementioned, the Colony of New South Wales and Martin Fitzgibbons of Bridge Street, Sydney in the said Colony, Watchman, taken on oath on this twenty fourth day of April in the Year of our Lord one thousand eight hundred and sixty six, in the Colony aforesaid, before the undersigned, one of Her Majesty’s Justices of the Peace for the said Colony in the presence and hearing of James Mahoney and Jeremiah Mahoney, who are charged this day before me for that the said James Mahoney on the Twenty second day of April inst at Sydney, in the said Colony, in and upon the said Jeremiah Mahoney feloniously did make and assault and then feloniously and against the order of nature had a venereal affair with the said Jeremiah Mahoney.

1

Macquarie Place in foreground of Lands Department, Sydney 1900. Photo ID: SRNSW 4346_a020_ a020000009.jpg
Macquarie Place in foreground of Lands Department,Sydney 1900.
Photo ID: SRNSW 4346_a020_ a020000009.jpg

James Mahoney, 58, and Jeremiah Mahoney, 20.

    Alexander Pirie on oath states I am a Constable of the New South Wales Police. About 2 o’clock last Sunday morning I was on duty in Macquarie Place in this city, where I heard a party say: “Get up! What are you doing with the man?” On hearing which I hastened to the spot and I found the younger prisoner with his trousers down and his shirt out. He was in the act of fastening them up. I struck a match and examined him on the spot, and could see from his appearance that the elder prisoner had been having connection

2

with him. There was some earth about his person, he was lying on his face. I then examined the elder prisoner’s person and saw white matter intermixed with blood on his person, he appeared as though he had, at the time, been having connection with someone. I told the younger prisoner the charge, in answer to which he admitted the charge and said he went with older prisoner because he was afraid of him. In answer to the charge the elder prisoner said he did not do it, that the younger prisoner wanted his pocket. I held out no inducement to them to make any statement. I saw the prisoners together the whole evening drinking when I

3

saw the prisoners first the younger prisoner he had his trousers down to his knees, and was putting his shirt into his trousers. The elder prisoner ran away and was stopped by another witness. When I examined the elder prisoner there was fresh matter on his person. Before I took them in charge I saw them an hour before at the corner of Pitt Street and George street Queen’s Wharf. They were not drunk then.

    Elder prisoner: I saw you and the youngest prisoner at different times during the night. I saw you first at Davis’ Public House at a quarter to eleven o’clock. The younger prisoner was then with you.

    Bench: I then saw the elder prisoner at about 12 o’clock, the youngest prisoner was then with him and when

4

I again saw him it was about ten minutes after 1 o’clock. On searching prisoners I found nothing on elder prisoner. I found ½ a Crown sixpence + threepenny piece on younger prisoner.

Sworn at the Water Police Court Sydney this 24th April 1866.
[Signed] Alexander Pirie.
[Signed] PL Cloete, WPM.

1

    Martin Fitzgibbons on Oath states: I am a nightwatchman at the Colonial Secretary’s Office in the City. On Sunday morning last, about 20 minutes to 2 o’clock I heard some men talking very loudly. I stopped and heard someone say, “Open your legs.” I heard someone else there say, “I won’t, we will get caught”. I then heard some money rattle. I went in the direction whence the voices projected and saw the elder prisoner in the act of having connection with the younger one, they did not notice my coming till I was within a yard of them and then I said: “What are you doing to that man?” The elder prisoner got up and run, I caught hold of him by the collar, his trousers were

2

down. The younger prisoner still laid on the ground, I said to elder prisoner “You old scoundrel! What have you been doing to the man,” and the answer he made was “he wants to get at my pocket”

    I told him I would hold him till I saw policeman, and he struggled very hard, then the policeman came up and I saw him go to where the younger prisoner was lying. I saw him strike a match and examine him, the policeman ascertained the nature of the case before he did examine him. The elder prisoner was examined in my presence, he looked as though he had been abusing a man, he had a bloody discharge from his person.

    Bench: It was a high starlit night there are two lamps near where the

3

offence was perpetrated, the space is very cleared, and any person could see very distinctly where I first saw the prisoner. The youngest prisoner was lying on his belly and the elder prisoner was lying upon him with the flap of his trousers down. I could not see the flap of his trousers distinctly till he got up. The youngest prisoner could not have resisted else I should have heard him. The elder prisoner private parts were supposed when I caught him. He was sober. I saw elder prisoner private parts exposed when he got up off the younger prisoner, he was lying with his head to the younger prisoner’s head when I asked the younger prisoner why he allowed the older prisoner to do such a thing to

4

him he said: “I could not help it, he threatened to take my life”, I asked the younger prisoner if the elder prisoner had given him any money and he said “No”. I then asked him what money that was I heard jingle and he made no reply. The elder prisoner was very much excited when I came upon them.
[Signed] Martin Fitzgibbons.

Sworn at the Water Police Court, Sydney this 24th of April 1866.
[Signed] PL Cloete, WPM.

1

(N., 11 & 12 Vic., Cap. 42.)

Statement of the Accused.

New South Wales, City of Sydney
TO WIT.                                      }

James Mahoney and Jeremiah Mahoney stand charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this twenty fourth day of April in the year of Our Lord One thousand eight hundred and sixty-six for that the said James Mahoney on the 24th day of April inst. at the City of Sydney in the said Colony, in and upon the said Jeremiah Mahoney feloniously did make an assault and feloniously and against the order of nature had a venereal affair with the said Jeremiah Mahoney and the examinations of all the witnesses on the part of the prosecution having been completed, and the depositions taken against the accused having been caused to be read to them by the said Justice of the Peace, by or before whom such examination has been so completed, and the said Justice of the Peace, having also stated to the accused and given them clearly to understand that they had nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden to them to induce them to make any admission or confession of their guilt, but that whatever they shall say may be given in evidence against them upon their trial, notwithstanding such promise or threat; and the said charge being read to the said James Mahoney and Jeremiah Mahoney, and the witnesses for the prosecution Alexander Pirie and Martin Fitzgibbons being severally examined in their presence, the said James Mahoney and Jeremiah Mahoney are now addressed by me as follows:– “Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in writing, and may be given in evidence against you upon your trial;” whereupon the said Jeremiah Mahoney said as follows:– “He assaulted me, I was lying down asleep and elder prisoner woke me, he was on top of me, he had my trousers down, and my belt off he threatened

2

that he would kill me if I called out. He put his person into my fundament. He positively penetrated me. He hurt me. He gave me no money. I don’t know how he came on me. I struggled very much to get away from him and he threatened two or three times that he would take my life if I screamed. I could not get away from him. I felt pain for about two hours after the offence was perpetrated.”

Taken before me, at the Water Police Court, Sydney this 24th day of April 1866.
[Signed] Jeremiah Mahoney.
[Signed] PL Cloete, WPM.
Prisoner stands remanded till tomorrow the 25th day of April inst.

And James Mahoney saith: “I want to see a doctor and wish the other prisoner should also be examined.”

Taken before me at the Water Police Court this 24th day April 1866.
[Signed] James Mahoney.
[Signed] PL Cloete, WPM.

Defence

    Miles Egan on Oath States: I am a duly qualified Medical Practitioner.

    I yesterday examined the elder prisoner, there is no physical incapability about him. I also examined the younger prisoner and found no marks of violence upon him. There would not necessarily be any marks of violence.

Sworn at the Water Police Court, Sydney, this 25th of April, 1866.
[Not signed but witnessed by] PL Cloete WPM

Prisoners James Mahoney and Jeremiah Mahoney are both committed to take their trials at the ensuing Court of Gaol Delivery to be holden on the 14th proximo.
[Signed] PL Cloete WPM.

~ ~ ~ ~ ~

Recognizance to give Evidence.

New South Wales, City of Sydney,
to wit.                                         }

Be it remembered, That on the Twenty fifth day of April in the year of Our Lord One thousand eight hundred and sixty six Alexander Perie a Constable of the Sydney Police Force, Martin Fitzgibbons of Bridge street, in the City of Sydney, in the Colony of New South Wales, Watchman personally came before the undersigned, one of Her Majesty’s Justices of the Peace, for the Colony of New South Wales, and acknowledged themselves to owe our Sovereign Lady the Queen the sum of Forth Pounds each, of good and lawful money of Great Britain, to be made and levied on their goods and chattels, lands and tenements, to the use of our said Lady the Queen, Her Heirs, and Successors, if they the said before mentioned persons shall fail in the condition indorsed.
[Signed] Alexander Pirie and Martin Fitzgibbons

Taken and acknowledged the day and year first above-mentioned, at Sydney, in the said Colony before me,
[Signed] PL Cloete JP

The condition of the written recognizance is such, that whereas James Mahoney and Jeremiah Mahoney was this day charged before

PL Cloet Esquire one of Her Majesty’s Justice of the Peace for the said Colony, with Sodomy.

If therefore, they the said before-mentioned persons shall appear at the next Court of of Gaol Delivery, to be holden at Sydney, in and for the Colony of New South Wales, on Monday, the fourteenth day of May next, at Nine of the clock in the forenoon, and then and there give such evidence as they know, upon an Information to be then and there preferred against the said James Mahoney and Jeremiah Mahoney for the offence aforesaid, to the Jurors who shall pass upon the trial of the said James Mahoney and Jeremiah Mahoney then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] PL Cloete JP

~ ~ ~ ~ ~

[On the deposition cover sheet is the following]

26th April 1866
8196
No. 16
Depositions.
Regina v. James Mahoney and Jeremiah Mahoney
Unnatural offence
Next Sydney Gaol delivery
[Initialled] J[ames] M[artin QC] AG

9 May 1866
Sodomy
Water Police Court

~ ~ ~ ~ ~

Justice P Faucett’s Notebook 4 5 

Justice Peter Faucett. Image:Australian Town and Country Journal, Sat 19 Sep 1874, p. 453. Reproduction: Peter de Waal
Justice Peter Faucett. Image: Australian Town and
Country Journal
,
Sat 19 Sep 1874, p. 453.
Reproduction: Peter de Waal

29

[Sydney, 15 May 1866]
Q v James Mahoney & Jeremiah Mahoney Unnatural offence

    Alexander Pirie Examined by SG [Solicitor General, Robert McIntosh Isaacs]
    Know prisoners – Have no previous (knowledge ?) – Saw them on morning of Sunday 22nd April at 2 o’clock.
    I (was ?) (on ?) duty at Macquarie Place – in Castlereagh St North – I heard a party saying Get up – What is that you are doing with a man –

30

I found the younger prisoner on his knees trying to put his shirt in his trousers –
I (immediately ?) lit a match & (examined ?) the (other ?) prisoner’s (fundament ?) –
It appeared to me (to ? be ?) wet (?) (?) dust road (?) apparently from the ground –
I (thought ? ) the wet (was ?) matter – it resembled semen. I can’t say it was
That (was ?) the younger prisoner –
The elder prisoner had got up and tried to run away but was prevented by [Martin] Fitzgibbon.
I then examined the elder prisoner – I found the (discharge ?) from his penis was mixed with blood –
I then said to younger prisoner – You are charged with Sodomy –
He said – I went with the elder prisoner because I was in fear of my life –
I said same to elder – He said the younger wanted his pocket.
His clothes were fastened up –
I did not threaten or induce them to make statements.

31

I saw the younger at (?) public house (Crooked ?) about ¼11 –
I saw them both together about 12¼ at the Rose of Australia
About 10 minutes past 1 I found them at the corner of Davis’ Australia Public House.
They had been drinking.
As to elder – it appeared human semen – Same on younger –

    Cross-examined by elder prisoner: I first saw you at Rose of Australia, You asked (to ?) (?) me you said you thanked God you had lived so long as you was coming into (pass ?) –
Next place at Australian.
He was under influence of drink when I saw them about 12 –
From the time I saw you last till I apprehended you were about an hour.
You were about 10 yards from prisoner when apprehended –
About 25 yards from Obelisk. I put my (hand ?) into your flap & got a match.
I told you I (would ?) (had ?) (?).

32

You had no money –
The younger had ½ crown -/6 & -/3 –
You said (you ? I ?) was getting up a (conviction ?) –
I said I did not know you before –
By prisoner: Dr saw him – Dr [Miles] Egan
By SG: I know difference between semen & (gonorrhoea ?) discharge – Dr Egan examined both prisoners.

    Martin Fitzgibbon. Watchman at Colonial Secretary’s. Saw both prisoners at Bridge St at 10/2. Corner of Castlereagh St & Bridge St North –
I was coming down Bridge St & heard a voice, open your legs –
Another voice said, I’ll be caught.
I saw elder prisoner lying on younger – the younger on his face –
Elder was (wriggling ?) (briskly ?) about –
I said what are you doing to that man –

33

Elder jumped up and tried to get away – his flap was down –
I said I’ll give you in charge –
He said that man wanted to get at my pocket –
Policeman came up & I told him.
He lit a match – He examined the younger – afterwards the elder.
I held the elder. I was alongside the elder when he examined him.
Matter from his penis. Two lamps & beautiful starlight night.
No doubt about the two men –
I saw no resistance on the part of the younger –
I saw the elder’s penis exposed when he rose –
I asked the younger what he was doing to him –
He said he was taking liberties with him – That the elder had threatened to take his life –
I asked if he had got any money for it –
He said no.
I asked what money is that I heard jingling.
He said nothing –

34

The lamp was about 20 yards off – And I could see his penis –
The policeman lit a match – I then saw the discharge –

    By Elder [prisoner]: Match lasted about 2 seconds – 
You said I said (as) ? (to ?) the latter – I have got a disease –
Not in (conversation ?) with Policemen for 6 months.
In my opinion they were both sober.

Case for Crown –
Dr [Miles] Egan. By James Mahoney. I examined you and said I saw no disability to perform the act –
I could not see (no ?) signs.
I examined him 2 or 3 days after the offence was alleged to be committed.
By SG: Looks at Depositions. I gave my (evidence ?) on 25th. I examined him the day before.
I (think ?) he said organ “disjointed” –
Might have been slight (?) not gonorrhoea – 

35

Verdict –
James Mahoney – Guilty
Jeremiah Mahoney – Guilty } of complete offence
Sentence May 18
Sentence of death recorded on both prisoners –

~ ~ ~ ~ ~

The Sydney Morning Herald, Tue 16 May 1866 6

Before Justice Fawcett. Supreme Court

UNNATURAL OFFENCE.

    James Mahoney and Jeremiah Mahoney were indicted that they did, on the 22nd April, at Sydney commit an unnatural offence.

    The Solicitor-General [Robert McIntosh Isaacs] conducted the case for the Crown. Prisoners were undefended.

    The details of fact, which are unfit for publication, were given in the evidence of constable Pirie, and John M’Gibbon [Martin Fitzgibbons] watchman at the office of the Colonial Secretary, and sustained the indictment. Dr [Myles] Egan was called by the prisoner, James Mahoney, and gave evidence.

    HIS HONOR, having summed up, and explained the special nature of the law with regard to this offence, the jury retired, and, in about ten minutes, returned a verdict of guilty against both prisoners.

    Remanded for sentence.

~ ~ ~ ~ ~

Bell’s Life in Sydney and Sporting Chronicle, Sat 19 May 1866 7

CENTRAL CRIMINAL COURT.
————

    The present assize was opened on Monday by His Honor, Mr Justice Faucett.

(Before his Honor Mr Justice Faucett and a general jury.)

UNNATURAL OFFENCE.

    James Mahoney and Jeremiah Mahoney were indicted for that they did, on the 22nd April, at Sydney, commit an unnatural offence.
    The Solicitor-General conducted the case for the Crown. Prisoners were undefended.
    Both were convicted, and remanded for sentence.

~ ~ ~ ~ ~

The Sydney Mail, Sat 19 May 1866 8

CENTRAL CRIMINAL COURT.
MONDAY.

    Before his Honor Mr Justice Faucett and a general jury.

UNNATURAL OFFENCE.

    James Mahony [sic] and Jeremiah Mahony [sic] were indicted that they did, on the 22nd April, at Sydney, commit an unnatural offence.

The Solicitor-General conducted the case for the Crown. Prisoners were undefended.

    The details of fact, which are unfit for publication, were given in the evidence of constable Pirie, and John McGibbon, watchman at the office of the Colonial Secretary, and sustained the indictment. Dr Egan was called by the prisoner, James Mahoney, and gave evidence.

    HIS HONOR, having summed up, and explained the special nature of the law with regard to this offence, the jury retired, and, in about ten minutes, returned a verdict of guilty against both prisoners.
Remanded for sentence.

~ ~ ~ ~ ~

The Sydney Morning Herald, Sat 19 May 1866 9

BEFORE JUSTICE FAWCETT, SUPREME COURT
SENTENCES

    James Mahoney and Jeremiah Mahoney were brought up for sentence for sodomy. In passing sentence, his Honor remarked, that he had very little doubt as to the guilt of the prisoners, and that the jury had come to the conclusion they could come to on the matter. With reference to the elder prisoner (James Mahoney) he had very little doubt that he had been the means of bringing the younger prisoner into such a position in which he was placed. Everything led to the supposition that he had tempted the younger prisoner to assist and join him in the crime. Sentence of death was recorded against both prisoners.

~ ~ ~ ~ ~

Harold Maclean, Sheriff’s letter, 4 Apr 1867 10

4 April 1867

67/1872

    The Sheriff to the Principal Under Secretary requesting authority to transfer prisoners from Berrima Gaol to Parramatta

Sheriff’s Office
Prison Branch
Sydney 4th April 1867

67/1201

Principal Under Secretary, Colonial Secretary’s Office

Sir
In order to afford accommodation for prisoners awaiting removal to Berrima Gaol to serve the portion of their sentences in separate treatment – I do myself the honor to request authority for the removal from such treatment to Parramatta Gaol, of the Eighteen prisoners whose particulars are given in the enclosed list [below].

    I have the honor to be
      Sir,
    Your obedient Servant
[Signed] Harold Maclean,
Sheriff.

~ ~ ~ ~ ~

Prisoners to be transferred from Berrima gaol to Parramatta gaol, 4 Apr 1867

67/1872Particulars of Eighteen prisoners proposed for transfer from Berrima Gaol to Parramatta Gaol

No.

Name

Offence

Sentence

Date of Sentence

Court where tried

1

David Clarke

Burglary

15 years Roads

4th April 1861

Criminal Cr Sydney

2

James Gordon

Robbery being Armed

25 years Roads

10th April 1865

ditto Bathurst

3

James Mahoney

Sodomy

7 years Roads

18th May 1866

Supreme Court, Sydney

  


1  Empire, Thu 26 Apr 1866, p. 5.

2  The Sydney Morning Herald, Thu 26 Apr 1866, p. 2.

3  SRNSW: NRS880, [9/6481], Supreme Court, Papers and depositions, SGD, 1866, No. 16. Emphasis added.

4  SRNSW: NRS5922, [2/3836], Judiciary, P Faucett, J. Notebooks Criminal Causes, 1865-87, pp. 29-35. Emphasis added.

5  Justice Peter Faucett was born in Dublin, Ireland during 1813 and educated at private church school and Dublin’s Trinity College. He studied law and in 1845 was called to the Irish Bar. Practising for seven in Ireland he migrated to Sydney, arriving in 1852. On 29 Dec he was called to the colonial Bar of NSW and appeared regularly in criminal proceedings on the Maitland circuit. He held various seats in the NSW parliament between 1856 and 1863. He accepted the office of solicitor general on 16 Nov 1863. Faucett was appointed puisne judge of the NSW Supreme Court on 4 Oct 1865. Faucett’s judgments were sound and careful and seldom overruled. Because of poor health Faucett resigned from the bench on 8 Feb 1888. Being a devoted and exemplary Catholic Faucett received the last rites an died 22 May 1894 at his Five Dock home, Erina. ADB, 1851-1890, vol. 4, pp. 157-8.

6  The Sydney Morning Herald, Tue 16 May 1866, p. 2.

7  Bell’s Life in Sydney and Sporting Chronicle, Sat 19 May 1866p. 3.

8  The Sydney Mail, Sat 19 May 1866, p. 6.

9  The Sydney Morning Herald, Sat 19 May 1866, p. 5.

10 SRNSW: NRS905, [4/593] (67/1872), Col Sec, Letters received, 1826-1982.