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1828, Morgan Thomas - Unfit For Publication

 

 

Court House Penrith, 27 Nov 1827  1

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Before John M Henry Esquire JP and George Druitt Esquire JP.
    Rex v. Morgan Thomas Prisoner of the Crown, charged with an unnatural crime, viz with having carnal knowledge of a mare the property of Mr John Single.

    John Shaw, a free labourer in the employ of Mr Single, being duly sworn deposeth, that on last Saturday was a fortnight 8 days between the hours of 12 and 2 o’clock, he went into the Single’s paddock to water some cattle, where he saw the prisoner standing on a log, behind some wattle trees, close to the hinder parts of a mare, the property of Mr Single, either in the act or endeavouring to have connections, with the said mare, at which time, the prisoner had hold of the mare’s tail with one of his hands, and when the prisoner came down from the log his trousers were

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unbuttoned, and deponent saw him put them up. On this deponent’s taking him into custody in doing which he met with considerable resistance the prisoner offered deponent his jacket and some tobacco to let him go which deponent refused when deponent first took the prisoner into custody his waistcoat was covered over with grey hairs the same colour of the mare.
[Signed] John Shaw.

Sworn before me, George Druitt, JP.

 

    Mr John Single, Settler, of Evan being duly sworn states that on last Saturday was 8 days, the prisoner Morgan Thomas was brought into deponent’s yard in custody of John Shaw who accused him of having had connections with one of deponent’s mares upon which deponent took him in charge and on examining the prisoner’s waistcoat found it covered with hair the same colour of the mare, that Shaw alleged the prisoner had had

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connections with. That on this deponent’s looking at the said mare, a short time afterwards, she had every appearance that the prisoner had been connected with her deponent then sent the said mare off to William Cook’s intern horse and found that she was not in season the said mare foaled about 3 months ago and deponent supposes that she is now in foal that on the prisoner being taken into custody he repeatedly requested deponent’s forgiveness and begged of him to let him go.
[Signed] John Single.

Sworn before me, George Druitt, JP.

    The prisoner in his defence denies the charge in toto and states that he was on pass from Rooty Hill going to see a man at Nepean.

    The prisoner fully committed to take his trial before the Supreme Court of Criminal Jurisdiction at Sydney.

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[On the reverse of the above (1-3) is the following]

Rex versus Morgan Thomas
prisoner of the Crown charged with an unnatural Crime –
And dully committed to take his trial before the Supreme Court of Criminal Jurisdiction at Sydney
Court House Penrith November 27th 1827

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Depositions for Morgan Thomas 5 Feb 1828 Sydney trial

In the Ninth Year of the Reign of
Our Sovereign Lord George the Fourth,
by the Grace of God, of the United
Kingdom of Great Britain and Ireland
King, Defender of the Faith.

New South Wales
TO WIT            }

Be it Remembered that Alexander Macduff Baxter Esquire his Attorney General for the Colony of New South Wales, who prosecutes for His Majesty in this behalf, being present in the Supreme Court of New South Wales, now here, on the 5th day of February in the Year of our Lord one thousand eight hundred and twenty eight at Sydney, in the Colony aforesaid, informs the Court, that Morgan Thomas late of Penrith in the said Colony, Labourer, not having the fear of God before his eyes nor regarding the order of Nature but being moved and seduced by the instigation of the Devil on the 17th day of November in the Year of our Lord one thousand eight hundred and twenty seven with force and arms at Penrith aforesaid in the Colony aforesaid, with a certain mare then and there being feloniously, wickedly, diabolically and against the order of Nature had a certain venereal and carnal intercourse and then and there feloniously, wickedly, diabolically and against the order of Nature with the said mare did commit and perpetrate that detestable and abominable crime (among Christians not to be named) called buggery to the great displeasure of Almighty God, to the great scandal of all humankind, against the form of the statute

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in such case made and provided and against the peace of our Lord the King his Crown and Dignity. And the said Attorney General further informs the said Court here that the said Morgan Thomas not having the fear of God before his eyes nor regarding the order of Nature but being moved and seduced by the instigation of the Devil on the said 17th day of November in the year last aforementioned with force and arms at Penrith aforesaid in the Colony aforesaid, in and upon a certain mare then and there being feloniously, wickedly and diabolically did make an assault with intent to commit and perpetrate that detestable and abominable crime (among Christians not to be named) called buggery with the said mare. To the great displeasure of Almighty God, to the great scandal of all humankind against the form of the statute in the case made and provided and against the peace of our Lord the King his Crown and Dignity.
[Signed] Alexander Macduff Baxter [AG].

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[On the reverse of the above (1-2) is the following]

537 Beastiality [sic]
The King against Morgan Thomas
Information
Witnesses: John Shaw, John Single
February 5th 1828 Morgan Thomas Arraigned – Plea Not Guilty – Adjudged Not Guilty.
[Signed] John Gurner [Chief Clerk, Supreme Court]

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The Sydney Gazette and New South Wales Advertiser, Wed 6 Feb 1828  2 

SUPREME CRIMINAL COURT
(Before Mr Justice Stephen.) 3

    The ATTORNEY GENERAL [Alexander Macduff Baxter Esq] conducted the prosecutions.

    TUESDAY, 5 [Feb 1828]–

    Morgan Thomas was indicted for beastiality [sic], committed at Penrith, on the 17th of November last.

    The evidence in this case not being sufficient to sustain the indictment; Mr Justice STEPHEN directed an acquittal.

 


1  SRNSW: NRS880, [SC T28], 28/6; SRNSW: NRS880, [CP T137], 537, Supreme Court, Papers and depositions, 1827. Emphasis added.

2  The Sydney Gazette and New South Wales Advertiser, Wed 6 Feb 1828, p. 2.

3  Chief Justice A Stephen notebooks for this period could not be located at SRNSW.