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1819, Thomas Hewitt - Unfit For Publication
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Court of Criminal Jurisdiction, Minutes of Sydney Proceedings c. Oct 1819  1 

143

New South Wales
TO WIT             } 
Be it Remembered that John Wylde Esquire, the Judge Advocate of our Sovereign Lord the King for the Territory of New South Wales and its Dependencies who for our said Lord the King exhibits the charge in this behalf comes into the Court of Criminal Jurisdiction convened at Sydney in the said Territory by precept issued under the hand and seal of His Excellency Governor Macquarie dated the 26th day of November in the Year of our Lord one thousand eight hundred and nineteen and having power to enquire of [sic–or] hear and determine and punish all treasons, murders, felonies, trespasses and other crimes whatsoever committed within the said Territory or its Dependencies and for our said Lord the King charges and gives the said Court to be informed that Thomas Hewitt late of Hobart Town in the Territory of New South Wales, Labourer, on the 2nd day of October in the Year of our Lord one thousand eight hundred and nineteen with force and arms at Hobart Town aforesaid in the Territory aforesaid in a certain paddock there with a certain mare then and there being feloniously, wickedly, diabolically and against the order of Nature had a venereal affair and then and there in and upon a certain mare did attempt carnally to know and then and there wickedly, Diabolically and against the order of Nature with the said mare would but for the interruption of certain of His Majesty’s loyal subjects have committed that detestable and sodomitical crime (among Christians not to be named) called buggery to the great displeasure of Almighty God against the peace of our said Lord the King, his crown and Dignity.

~ ~ ~ ~ ~

[On the reverse of the above (143) is the following]

144

(8)
The King against Thomas Hewitt
Information
Witnesses: Valentine Grey, George Cole

145

    The information of Valentine Grey who being first duly sworn sayeth I am an assigned servant to Constable Petterson and reside at Herdsmans Cove Point. On Saturday night last the 2nd of October between 8 and 9o’clock, I and George Cole were returning from mooring our master’s boat which we got within one hundred yards of Morris’s blacksmith shop in Mr Morris’s paddock, we saw Thomas Hewitt leading Mr Stocke’s mare when I first saw him he was about 100 yards off; as near as I can tell, leading the mare towards where I stood. I did not know the man was Hewitt when I first saw him, I thought he was Samuel Taylor, Mr Morris’s blacksmith when the mare came nearer to us we both lay down to see what Thomas Hewitt was going to do with the mare for we then saw it because it was a moonlit night we layed down under a oak tree by the side of a hill. I observed that he was leading the mare by a tether rope which he had in his left hand and he had a piece of bullock liver on a stick which he carried on his right shoulder. Hewitt led the horse to an old rotten tree which was lying on the ground, he laid down the liver and stick and he backed the mare as close as he possibly could to the tree. The tree was about 2 feet thick; he came at the mare by laying his hands upon her back and touching her as I thought to make her stand still, he then went round behind the mare and got upon the tree we were 15 yards from him as near as I possibly could measure it. I am certain he unbuttoned his small clothes as he stood on the tree. I saw Hewitt take out his privates and enter the

146

mare with them, I saw him having connection with her for nearly 3 minutes, I observed him move backwards and forwards. I went up to him and was within 3 yard of him, before he saw me, I went up to him and put my hand on his shoulder and said That will do Hewitt, he directly got off the tree and buttoned up his small clothes, I stood within 2 yards of him when he buttoned up his small clothes. After that George Cole came up and said Don’t you think you are a filthy sort of a man, a man of your years ought to know better; such a transaction as you’ve been at would hang you. Hewitt replied I don’t care whether I lose my life or not, let me go; I’ll go in the bush on to Port Dalrymple [Port Dalrymple on the north coast of Van Diemen’s Land surveyed in the Norfolk Sloop by M Flinders, 2nd Lieut. of HMS Reliance. Nov. & Dec. 1798] or anywhere out of the way. I told him he should not go any further but I would take him to Mr Patterson which I did, took him in charge to Mr Patterson. I did not speak to Hewitt before I laid my hand upon him, the mare stood perfectly quiet she did not move. I took hold of the mare tether rope, and gave her a kick and drove her from me. I am certain he did not get upon her to mount her he did not take the mare sideways to the tree. I was within 3 yards of Hewitt and saw distinctly his privates were in the mare. Hewitt when he saw me he stepped back off the tree and then buttoned up his clothes. The man looked back and then he immediately drew from the mare. I am notable to say whether Hewitt completed his purpose or not, on my approaching Hewitt he immediately drew from the mare.
[Signed] Valentine (his X mark) Grey.

Sworn before me at Hobart Town the 5th of October 1819.
[Signature illegible]

147

The annexed information was sworn before me on the 6th of November 1819.
[Signed] E Abbott, Deputy Judge Advocate

~ ~ ~ ~ ~

[On the reverse of the above (145-7) is the following]

148

The Information of Valentine Grey a Convict taken the fourth day of October 1819

149

    The information of George Cole who being first duly sworn sayeth: I am an assigned Servant to Constable John Patterson and reside at Herdsman’s Cove Point, about 8 o’clock on Saturday evening the 2nd of October, I was in Mr Morris’s paddock at Cove Point within about 150 yards of his blacksmith forge. I saw the prisoner,Thomas Hewitt leading Mr Stokes’ mare by her tether rope, he led her alongside of a dead tree, that was laying on the ground. He backed her to the tree keeping the tether rope in his left hand, he then unbuttoned his trousers and got upon the tree. I was 15 yards from him. I do not think I was a foot forward or nearer from him I saw him enter the mare, Hewitt was doing his best when myself and Valentine Grey who was with me walked up to him, he Hewitt did not see or hear either of us until we got up to him. Valentine Grey tapped Hewitt on the shoulder and said That will do. The flap of Hewitt’s trousers was down when we got up to him. When Grey tapped Hewitt on the shoulder, he got off the tree and then buttoned his trousers up, I asked Hewitt if he was not ashamed of himself, a man of his years to do such a thing as that; he answered I don’t care whether I lose my life or not he asked me to let him go in the bush or to Port Dalrymple I told him I would not, but would take him to Mr Patterson or to Mr Morris it was a fine moonlit night,. The mare stood quiet, we were looking at him while he was with the mare for a space of 3 minutes. Hewitt had a stick with some bullock’s liver on it which he laid about 3 yards from

150

the mare after he had caught her, we then took him to Constable Patterson and I delivered Hewitt up to him I am certain Hewitt’s object after backing the mare to the tree was not to mount the mare, but I distinctly saw him have connections with her. I went out that night with Valentine Grey to move our master’s boat and as we were returning we saw this circumstance when first we saw Hewitt we were under a she-oak tree, he was coming towards us with the mare. We took him for Samuel Taylor the blacksmith, we both knelt down in order to have some fun with him as soon as he came from under the shade of the tree we saw it was Hewitt we still kept kneeling in order to see what Hewitt wanted with the mare, as we knew she had been tethered out, and as she had been hard at work 5 days we thought he could not be going to ride the mare. I knew that Hewitt was going up to his hut about a mile and a half off, that night. The mare stood perfectly still after Hewitt had backed her to the tree, until Valentine Grey led her away. Mr Patterson put handcuffs on Hewitt and took a bullock chain and chained him all night to a tree in the stock yard. Hewitt was kept at Patterson’s until Tuesday when he was brought down to town. Neither Valentine Grey or myself shouted to Hewitt nor did we speak to him until Valentine Grey layed his hand upon his shoulder, at the time Valentine Grey tapped Hewitt on the shoulder his

151

privates were then in the mare, I think we disturbed him when we came up and he had not completed his intentions. I think he Hewitt would have continued longer with the mare if we had not disturbed him.
[Signed] George (his X mark) Cole.

Sworn before me at Hobart Town the 5th day of October 1819.
[Signature illegible]

The above information was sworn before me on the 5th of November 1819.
[Signed] E Abbott, Deputy Judge Advocate.

~ ~ ~ ~ ~

[On the reverse of the above (149-51) is the following]

152

The Information of George Cole a Convict taken the 6th October 1819

153

The information of John Patterson who being first duly sworn sayeth: I am a Constable. About 8 o’clock on the night of the 2nd day of this month my servants George Cole and Valentine Grey informed me they had seen the prisoner Thomas Hewitt have a connection with a mare belonging to Mr Stokes in Morris’s paddock at Cove Point a short time before.

They brought Hewitt with them, it was a fine moonlit night they told me that Hewitt brought the mare to a tree and so effected his purpose. I asked Hewitt if what the men said was true, he said, no, and that it was in spite. The place where Hewitt had to go to, was distance about a mile and a half, there was a mare of Mr Stokes in the paddock when this was said to have taken place. The prisoner Hewitt was charged some time ago with a robbery which had taken place some time before and he had given evidence concerning it.
[Signed] John Patterson.

Sworn before me at Hobart Town the 5th of October 1819.
[Signature illegible], JP.

The above information was sworn before me on the 6th of November 1819.
[Signed] E Abbott, Deputy Judge Advocate.

~ ~ ~ ~ ~

[On the reverse of the above (153) is the following]

154

    The Information of John Patterson a Constable taken the sixth day of October 1819
Patterson does not go as not necessary.

~ ~ ~ ~ ~

Letter n.a. Van Diemen’s Land, to Judge John Wylde, 20 Nov 1819

155

Sir,
    Thomas Hewitt, a convict having been committed, by a Bench of Magistrates to take his trial before a Court of Criminal Jurisdiction, on a charge of bestiality, he is therefore sent to Sydney in the Robert Quayle for that purpose.

~ ~ ~ ~ ~

Letter from E Abbott, n.d.

156

    The evidence on the part of the Crown, as per margin (Valentine Grey, convict, George Cole) go also in thatvessel [Robert Quayle] I enclose you these depositions, and that of John Patterson. I have the honour to be, Sir,your most obedient humble Servant.
[Signed] E Abbott.

~ ~ ~ ~ ~

[On the reverse of the above (155-6) is the following]

157

22nd Nov 1819
Letter from
E Abbott & J Wylde
About Thomas Hewitt

~ ~ ~ ~ ~

Letter, n.a. to the Hon John Wylde, 21 Nov 1819

158

    I do not send John Patterson as one of the witnesses as he is a (?) and it could distract him without being of any utility on the part of the Crown. He will be a supplicant to appear by the loss of the services of his two Government men, the other two witnesses both go up.

159

    The prisoner Hewitt bears a very bad character, but the two evidences against him I understand that may face as to character. I endeavoured to find out if possible there had been any (?) feeling of the witnesses against Hewitt, or a made up story to injure him but I was satisfied this is not the case.

    I am, my dear Sirs,
Yours sincerely.
[Signed] E Abbott.

160

New South Wales
TO WIT            }
Be it Remembered that John Wylde Esquire the Judge Advocate of our Sovereign Lord the King for the Territory of New South Wales and its Dependency who for our said Lord the King exhibits the charge in this behalf comes into the Court of Criminal Jurisdiction convened at Sydney in the said Territory by precept issued under the hand and seal of His Excellency Governor Macquarie dated the 26th day of November in the Year of our Lord one thousand eight hundred and nineteen and having power to enquire or hear and determine and punish all Treasons, Murders, Felonies, Trespasses and other crime whatsoever committed within the said Territory or its Dependencies and for our said Lord the King charges and gives the said Court to be informed that Thomas Hewitt late of Hobart Town in the Territory of New South Wales, Labourer, on the second day of October in the Year of our Lord one thousand eight hundred and nineteen with force and arms at Hobart Town aforesaid in the Territory aforesaid in a certain paddock there with a certain mare then and there being feloniously, wickedly, diabolically and against the order of Nature had a venereal affair and then and there feloniously, wickedly, diabolically and against the order of Nature carnally knew the said mare and then and there feloniously, wickedly, diabolically and against the order of Nature with the said mare did commit

161

and perpetrate that detestable and abominable crime of buggery (not to be named among Christians) 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.

~ ~ ~ ~ ~

[On the reverse of the above (160-1) is the following]

162

(8)
The King against Thomas Hewitt
Information
Witnesses: Valentine Grey, George Cole
4th Dec 1819
Prisoner pleaded not guilty
The Court after trial acquitted
the Prisoner
[Signed] John Wylde

163

New South Wales
TO WIT            }
Be it Remembered that John Wylde Esquire the Judge Advocate of our Sovereign Lord the King for the Territory of New South Wales and its Dependencies who for our said Lord the King exhibits the charge in this behalf comes into the Court of Criminal Jurisdiction convened at Sydney in the said Territory by precept issued under the hand and seal of His Excellency Governor Macquarie dated the 26th day of November in the Year of our Lord one thousand eight hundred and nineteen and having poser to inquire or hear and determine and punish all Treasons, Murders, Felonies, Trespasses and other Crimes whatsoever committed within the said Territory or its Dependencies and for our said Lord the King charges and gives the said Court to be informed that Thomas Hewitt late of Hobart Town in the Territory of New South Wales, Labourer, on the 2nd day ofOctober in the Year of our Lord one thousand eight hundred and nineteen with force and arms at Hobart Town aforesaid in the Territory aforesaid in a certain paddock there with a certain mare then and there being feloniously, wickedly, diabolically and against the order of Nature had a venereal affair and then and there in an upon the said mare did attempt

164

carnally to know and then and there wickedly, diabolically and against the order of Nature with the said marewould but for the interruptions of certain of His Majesty’s loyal subjects would have committed that detestableand sodomitical crime (not to be named among Christians) called buggery to the great displeasure of AlmightyGod against the peace upon said Lord the King his Crown and Dignity.

~ ~ ~ ~ ~

[On the reverse of the above (163-4) is the following]

165

8
The King against Thomas Hewitt
Information
Witnesses: Valentine Grey, George Cole
4th Dec 1819
Deft. pleaded not guilty was tried and declared to be Guilty
Sentence to be transported to Newcastle for the remaining Term of his Transportation to this Colony.
[Signed] John Wylde

 


1  SRNSW: NRS2703, [SZ776C], Court of Criminal Jurisdiction, Information, depositions and related papers, 1796-1824, pp. 143-65, COD449. Emphasis added.