Depositions for William Taylor and Thomas McLean, 8 Nov 1826 Sydney Trial 1
William Taylor – Free
Sydney
TO WIT }
Thomas McLean brought before the Bench by Warrant this 1st November [1826].
Thomas Rogers a Freeman maketh oath and saith that on Thursday week last the 19th October inst. Deponent went with Robert Barry a mate to this deponent to the house of prisoner William Taylor and remained drinking rum and ginger beer there in till this deponent was put to bed that about the middle of the night deponent awoke and found himself lying between the prisoner and another man to whom deponent and paid some money for liquor and ginger beer on the night day aforesaid in the prisoner’s house, that when he so awoke he felt the hand of one of the men on deponent’s private parts and after which the prisoner deponent positively swears turned his back to deponent “and placed deponent’s private parts against his the prisoner’s backside” upon which deponent questioned the prisoner what he was about and turned from between the two men to the outside of the bed. Deponent in the morning left this house without taking any notice of it to anyone whatever, then yesterday deponent
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went into the prisoner’s William Taylor’s house with some of his acquaintance to have some drink and after partaking of some rum ginger beer the prisoner the man whom deponent slept with as aforesaid again seized hold of deponent’s private parts and patted deponent on the cheek upon which deponent struck the man in the face deponent had refrained from making a report of the first circumstance but having such conduct repeated yesterday he was compelled to take the step he has now taken of making the offence known to the police.
[Signed] Thomas Rogers.
Sworn before us this 31st October 1826.
[Signed] FN Rossi Esquire, Superintendent of Police. [Name illegible], JP.
Sworn this 1st November in the presence of Thomas McLean as true as the man then unknown proves to beThomas McLean.
[Signed] Thomas Rogers.
Sworn before us this 1st November 1826.
[Signed] FN Rossi Esquire, Superintendent of Police, [Name illegible], JP.
John Knox, Constable maketh oath and saith that he was called on yesterday afternoon by a man named Puckeridge to go into the prisoner William Taylor’s house
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to take a man who was serving in the house and whom the said Puckeridge insisted deponent should take in charge for being a sodomite stating “that about 3 days ago he was tipsy in prisoner William Taylor’s house and the prisoner and the man then given into deponent’s charge had put the said Puckeridge into the bedroom after he was drunk and whilst he was therein the man pulled down his trousers”, at the instant Puckeridge said so the man who had been given into deponent’s charge stopped him and said “Do not say so, don’t say so I will give you anything to satisfy you” and thereupon went and took money out of the box for the purpose of quieting the said Puckeridge that at the same moment the prisoner William Taylor came into his house followed by Thomas Rogers who hearing Puckeridge had given the man aforesaid into deponent’s charge desired deponent to take the prisoner also as he had served him the said Rogers in the same way and said “If he took one sod to gaol to take both” that on deponent’s taking the prisoner and other man aforesaid to the watch house the man who was first given in charge and who wanted to pay money to make the business up made his escape from deponent.
[Signed] John Knox.
Sworn before us this 31st October 1826.
[Signed] FN Rossi Esquire, Superintendent of Police. [Name illegible], JP.
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Alex Roche Constable being duly sworn saith that he was called on yesterday by Thomas McLean to take into custody Thomas Rogers that on deponent’s arrival at the prisoner’s William Taylor’s house with the said McLean the said Rogers charged McLean with having been guilty of sodomy on him that upon his so charging McLean he McLean took deponent into the bed room and told him “he would give any money to us meaning the constables to molle up the matter so it should not come before the court that deponent replied he could not nor would conceal the matter and after the house was shut was proceeding to the watch house with the prisoner Taylor and the said Thomas McLean when the said McLean made his escape.
[Signed] Alex Roche.
Sworn before us this 31st October 1826.
[Signed] FN Rossi Esquire, Superintendent of Police, [Name illegible], JP.
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Court of Quarter Sessions, Sydney, 8 Nov 1826
Thomas Rogers Examined
Rogers you slept “the prisoners were in bed with you did either of them take hold of your private parts?” “Yes one of them did but I don’t know which.” “Did either of them turn his backside to you and put your private parts against it?” “I don’t know.” “When you gave evidence before Captain Rossi [Superintendent of Police] were you sober?” “I was not. I had been drinking rum and was not quite sober. I drank the greater part of a pint of rum while I was in The Rocks that morning.” “Did either of the prisoners tap you on the face when he put his private parts to you?” “No he did not” “Yes, he did. I went into the house a second time when McLean tapped me on the cheek and put his hand to my private parts. Then I struck him. I did not say that McLean placed me up against a window too and offered to commit an unnatural crime upon me in the room and the witnesses Knox and Roche have stated
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both the men were in bed with me when I awoke in the morning – I was between them when they played tricks with me in the night and I jumped then up and laid on the outside then Taylor was next to me – I don’t know which touched me in the night.”
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[On the depositions’ cover sheet is the following]
No. 57
Tried 8 Nov
Sydney Quarter Sessions
November 1826
Verdict William Taylor Not guilty Thomas McLean Guilty
On the pros[ecution] of Thomas Roger
against
William Taylor and Thomas McLean
Indictment for a misdemeanor
Sentence: To stand in and upon the Pillory in Sydney Two hours on some day in next week. To be imprisoned in the Gaol of Newcastle (and ?) during the term of two years, to pay a fine to the King of £20. & (further ?) to be imprisoned till such time be paid.
Witnesses: Thomas Rogers, John Knox, Alexander Roche.
A (?) Bill [Signed] AB Spark, Foreman.
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The Sydney Gazette and New South Wales Advertiser, Sat 11 Nov 1826 2
SYDNEY QUARTER SESSIONS.
…
Wednesday, 8th. – [November 1826]
…
Thomas McLean and James Taylor were indicted for an assault, with intent to commit a nameless offence. – [on Thomas Rogers, 1826] 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 till such fine be paid.
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The Australian, Sat 11 Nov 1826 3
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 be imprisoned in the gaol at Newcastle for a term of two years, and be further imprisoned until such fine be paid.
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William Henry Moore, Crown Solicitor letter, 16 Nov 1826
Sir,
You will see by the enclosed letter the information required of me – will you be so good as to write to MajorGillman at the same time forward my answer.
Your truly,
WH Moore. [Crown Solicitor]
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Post Sydney Quarter Session trial, c. Nov 1826
New South Wales
TO WIT }
The Jurors of our Sovereign Lord the King upon their oath present that William Taylor late of Sydney in the Colony of New South Wales, Labourer, and Thomas McLean, late of the same place, Labourer, not having thefear of God before their eyes but being moved and seduced by the instigation of the Devil on the 19th day of October in the Year of our Lord one thousand eight hundred and twenty six with force and arms at Sydney aforesaid in the Colony aforesaid, in and upon one Thomas Rogers the peace of God and our said lord the King then and there being, did make an assault with an intent, that most horrid detestable sodomitical crime (among Christians not to be named) called buggery with the said Thomas Rogers against the order of nature then and there feloniously, wickedly and devilishly to commit and do, to the great displeasure of Almighty God, to the great damage of the said Thomas Rogers and against the peace of our said lord the King, his crown and dignity.
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Territory of New South Wales,
County of Cumberland. }
Thomas Rogers, 60 pounds, William Puckeridge, 60 pounds, Alexander Roche, 60 pounds, John Knox, 60 pounds. The above named persons acknowledged themselves bound to our Sovereign Lord the King, his heirs and successors, in the penal sums expressed against each of their respective names, condition that if they the above named Thomas Rogers, William Puckeridge, Alexander Roche and John Knox shall appear in their own proper persons at the next Criminal Court of judicature or Quarter Session to be holden at Sydney then and there to prosecute and give evidence against William Taylor and Thomas McLean for an assault and attempt to commit an unnatural crime upon the above named Thomas Rogers and William Puckeridge then this obligation to be null and void, otherwise to remain in full force and virtue in Law.
[Signed] Thomas (his X mark) Rogers, William (his X mark) Puckeridge.
[Signed] Alexander Roche and John Knox.
Taken and acknowledged before me, this 1st day of November 1826, FN Rossi, JP, Superintendent of Police.
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[The following is on the back of the above ‘Jurors sheet’]
Tried 8 November 1826 Sydney Quarter Sessions.
Verdict William Taylor not guilty; Thomas McLean guilty.
The King on the prosecution of Thomas Rogers against William Taylor and Thomas McLean. Indictment:for a misdemeanor. [sic]
[Thomas McLean] Sentence to stand in and upon the Pillory in Sydney two hours on some day in next week. To do imprisonment in the gaol of Newcastle for and during the term of Two Years, To pay a fine to the King of £20.0.0 further to be imprisoned till such Fine be paid.
[Witnesses:] Thomas Rogers, John Knox, Alexander Roche.
1 SRNSW: NRS845, [4/8446], Sydney Quarter Sessions, Depositions and other papers, Nov 1826, No. 57. Emphasis added.
2 The Sydney Gazette and New South Wales Advertiser, Sat 11 Nov 1826, p. 3.
3 The Australian, Sat 11 Nov 1826, p. 4.