Warning: count(): Parameter must be an array or an object that implements Countable in /nfs/c07/h03/mnt/178353/domains/unfitforpublication.org.au/html/plugins/system/gantry/gantry.php on line 406
1871, Thomas Parker - Unfit For Publication
Text Size

 

The Newcastle Chronicle, Tue 10 Jan 1871 1

NEWCASTLE POLICE.
Monday, Jan 9th, 1871.

    Before H Scott, Esq., PM; and J Hannell, Esq., JP.

ATTEMPT TO COMMIT AN UNNATURAL OFFENCE.

    Thomas Parker was charged with attempting to commit an unnatural offence, on the person of Andrew Nicoll, at Newcastle, on Saturday, the 8th instant. Mr Henry O’Meagher appeared for the prisoner.

    Constable [Thomas] Woods deposed: On Sunday morning I proceeded to the Shipwrights’ Arms, Market square, from the information received, and at my request, the landlord, Mr Peterson, brought to me the prisoner, who was upstairs. In the presence of the prisoner, a seaman named Andrew Nicoll, stated that the prisoner was the man he complained of, as having attempted to commit an unnatural offence upon him. The prisoner, in reply to a question of mine, said that he slept with Nicoll, but was not guilty of the offence laid to his charge. A man named Workman, who slept in the same bad as that occupied by the prisoner and Nicoll, told me that Parker attempted to commit an unnatural offence on Nicoll. I then took the prisoner and the prosecutor to the watch house, where Nicoll stated the nature of the offence the prisoner had attempted to commit upon him him [sic]. (This portion of the evidence is, of course, unfit for publication.) The prisoner afterwards attempted to repeat the offence, whilst the prosecutor was asleep. The Prisoner then got up, and taking Nicoll downstairs with him requested him to say no more about it as he was in debt in the house, and would have to clear away. The prisoner, thereupon, acknowledged that what Nicoll had just stated was correct. The prisoner was cook at the Shipwrights’ Arms. I asked the prisoner if he was drunk and he said he was not – that he had only two glasses of ale during the previous evening. He also said that Nicoll was not drunk.

    By Mr O’Meagher: The prosecutor told me he was not drunk. He did not look like a man under the influence of liquor. He said he had only four glasses of rum during the whole of Saturday. The prosecutor said that he thought the prisoner had made the attempt, at first, “through his sleep.” I warned the prosecutor and the whole of the witnesses in this case to be here to-day.

    At this stage of the proceedings senior-sergeant Conway applied for a remand of the case till the following day, for the attendance of witnesses for the prosecution, which was granted.

~ ~ ~ ~ ~

The Newcastle Chronicle, Thu 12 Jan 1871 2

NEWCASTLE POLICE.
TUESDAY, JAN 10th, 1871.

    Before Messrs Scott and CF Stokes.

UNNATURAL OFFENCE.

    Thomas Parker was charged, on remand, with attempting to commit an unnatural offence upon one Andrew Nicoll, early on Sunday morning last.

    Mr O’Meagher appeared for the prisoner.

    Andrew Nicoll (seaman), gave evidence to the effect that the prisoner had actually attempted to commit an unnatural offence upon him twice, whilst sleeping together the Shipwrights’ Arms, Market square, and that he gave information to the police on the subject.

    The witness minutely detailed the nature of the offence, but the particulars are unfit for publication.

    Two other witnesses, namely William Workman and Edward Workman, who slept in the same bedroom as that occupied by Parker and Nicoll, gave corroborative evidence as to the prisoner having attempted to commit the offence in question, whereupon the Bench committed him for trial at the ensuing Maitland Assizes.

~ ~ ~ ~ ~

Depositions for Thomas Parker c. 21 Apr 1871 Maitland trial 3

1

Deposition of Witnesses.

New South Wales, Newcastle
TO WIT                                  }

The Queen v. Thomas Parker

Attempt to commit an unnatural office

THE EXAMINATION of Thomas Woods of Newcastle, in the Colony of New South Wales, Police Constable, Andrew Nichol [aka Nicol], Seaman of the Barque Ann and Jane now lying in the harbour of Newcastle, the aforesaid Edward Workman of Lambton in the District of Newcastle aforesaid Labourer, William Workman of the Shipwrights Arms in the City of Newcastle, in the said Colony, Labourer and James Lanyon a Constable in the Police Force stationed at Newcastle aforesaid taken on oath, this ninth and tenth days of January in the year of Our Lord one thousand eight hundred and seventy one, at Newcastle 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 Thomas Parker who is charged this day before me, for that he the said Thomas Parker, on the 8th day of January instant at Newcastle, in the said Colony, did attempt to commit an unnatural offence with the said Andrew Nichol. 

2

    Thomas Woods on his honour states: I am a Constable in the Police Force stationed at Newcastle. About half past 3 o’clock on the morning of the 8th of June I and in company with Constable Smyth in outer Newcastle city, and from information I received I went to the Shipwrights Arms, licenced to one Peterson. I woke up a lodger there by the name of Jacobs, a carpenter there, and send him for Peterson the landlord. Peterson brought down the prisoner at my request, a man named Andrew Nicol in the prisoner’s presence said “That’s the man I complained of and who a short time before in a bed at Peterson’s, tried to commit sodomy on me.” I asked the prisoner “Were you

3

in bed with him?” He replied “He was. But he was not guilty of the offence charged”. I asked the prisoner if there was anyone else in the bedroom. He said “Yes there were 4 other men.” A man named Workman was present. I asked Workman with prisoner present if Nicol had made any complaint when he left the prisoner’s bed. He said “Yes that the prisoner had sought to commit sodomy upon him.” I then took the prisoner in custody to the watch house. The prosecutor Nicol also came with us and the prosecutor with the prisoner present at the watch house stated that the prisoner and he himself were in a bed at the Shipwrights Arms between 12 and 3 in the morning. Then shortly after being in bed the prisoner pulled over his hand and caught hold of the his cock. I asked him

4

what he had done then. He said “It woke me up”. Then he turned away from him and began to sleep again when the prisoner took hold of his cock again and tried to force it into his own arsehole that he then left the bed and stated what the prisoner had done to all the persons in the room, that the prisoner had come down stairs with him and requested him to say no more about it, as he was in debt to the house and he would have to clear away. The prisoner then replied “I did some downstairs along with him and asked him to say nothing about it as I was in debt in the house – Peterson in the prisoner’s presence told the prisoner was in the capacity of cook at the Shipwrights Arms. I asked the prisoner if he was drunk, he said “no”, that he had 1 or 2 glasses of ale on the night previous. I asked

5

him if Nicol, the prosecutor, was drunk when he went to bed and he said he was not drunk. The prisoner was then charged with attempt to commit an unnatural offence and the prosecutor signed the charge book.

    By Mr Henry O’Meagher: I asked the prosecutor if he was drunk. He said he was not drunk – that he had had 3 glasses of rum from 7 o’clock on the Saturday evening at the Shipwrights Arms up to 12 o’clock and 1 glass at Mrs Grants, a washerwoman, and that was all he had that night – the prosecutor said he did not speak of it the prior occasion as he thought it might have been done in the prisoner’s sleep in knocking his arms about.

    By Senior Sergeant Conway: I warned the prosecutor and the whole of the witnesses to be present at this court at 10 o’clock this Thursday.

[Signed] Thomas Woods.

Taken and sworn before us at Newcastle, the ninth day of January AD 1871.
[Signed] Helenus Scott, PM and James [Name illegible] JP.

6

    The prisoner is remanded till the 10th instant for the attendance of prosecutor and witnesses.
[Signed] Helenus Scott, PM and James [Name illegible] JP.

~ ~ ~ ~ ~

10th of January 1871

Police Office Newcastle

Present, Helenus Scott and CF Stoker, Esquire, JP.

Case resumed – Mr H O’Meagher appears for the prisoner – read the evidence in the case taken yesterday.

    Andrew Nicol on his oath says: I am a Seaman of the Barque Ann and Jane now lying in this harbour. I know the prisoner by sight, I first knew him 5 weeks ago. I was at the Shipwrights Arms at Newcastle on the night of Saturday

7

last at 9 o’clock at night. The prisoner told me he was employed at the Shipwrights Arms as cook. I was there 3 times on that night. I was there at shutting up time. I went to bed there that night shortly after 12 o’clock I told the prisoner I was going to sleep that night. He said the beds were all full, you can sleep in a bed along with me – we all went up to bed and the light was put out. There were 2 brothers of the name of Workman, a man by the name of Jacobs and another man whose name I didn’t know. I went to bed and went to sleep. The prisoner slept in the same bed with me – it could not be long after I got into bed I was lying on my back. When I awoke I found the prisoner’s hand on my

8

person. I turned over and shoved him off so as not to have anything to do with the man. I did not want to wake the boarders up so as to disturb the house. I went to sleep again. I was lying with my front towards him. He had hold of my private part and tried to enter it into his fundament. I turned out of bed then and put my clothes on. The men in the room were awake. The prisoner moved out of the bed after me and took hold of all of the bedclothes, wanted me to go on the bed and said that he would sleep on the floor. I told him I would show him up to Peterson in the morning. The prisoner led me downstairs through the kitchen to go out down in the yard outside of the house. The prisoner begged and prayed of me to say nothing at all about

9

it. He said “What will I do in the morning if Peterson comes to know about it?” I said: “I don’t care what you can do. I’ll tell Peterson and he can do what he likes about it.” I met 2 policemen about 2 o’clock in Hunter Street close to the Shipwrights Arms. I went to the Shipwrights Arms with the Constable (Woods, now in court) the policeman got a ladder and went up to the window to rouse Peterson up. Peterson brought the prisoner downstairs or he came down with him. Peterson, in answer to a question from the policeman said I was the worse for liquor which I was not. I did not give the prisoner in charge when the prisoner came down. I think the policeman asked me if that was the man and I said “Yes”. I did not say what he had done then. He took the man in charge

10

to the lock up. I went to the lock up with them – the prisoner was asked if he was guilty and he said he was not guilty. I said: “Can you stand up barefaced and deny what you attempted for to do?” I signed the charge book that the prisoner was charged with an attempt to commit sodomy. I knew what I signed before I signed it.

    By Mr O’Meagher:I did not use the word sodomy – the lockup keeper read over the charge to me and I signed it. I am quite certain the lockup keeper read out an attempt to commit sodomy. The word unnatural offence was not used then. Peterson said on Sunday morning Evans the cook went for liquor. I had either four or five glasses of rum on last Saturday night. Three or four I drunk in the Shipwrights Arms and I drunk one third of a glass of rum at Mrs Grants a washerwoman in Newcomen Street.

11

There were 4 other men in the room. I went quietly to sleep again when I thought I felt him with his hand on my person the first time. I did not make a noise about because I did not think he wanted to do anything wrong then. I did not make complaint. I asked the men in the room with me on the first occasion. I told them what had occurred on the second occasion. I told them that he wanted me to do him over. I said: “I’d tell Peterson in the morning and he could do as he liked about it.” I did not try to do him over. I never walk in my sleep. I am not subject to nightmares. I did not give the man in charge. He begged and prayed me to say nothing at all about it. The prisoner was not drunk, he drank two or three glasses of ale in my presence. I was not exactly sober. I was not

12

drunk.

    By the Court: We were both in our shirts only when we got into bed.

[Signed] Andrew Nichol.

Taken and sworn before us at Newcastle the tenth day of January AD 1871.
[Signed] Helenus Scott, PM and James [Name illegible] JP.

    Edward Workman on his oath saith: I am a labourer living at Lambton in this Police District. I went up into the same sleeping room at the Shipwrights Arms with the prosecutor and prisoner on Saturday night last. I know nothing that took place till I was awoke up about ½ past 2 o’clock on the Sunday morning. I heard the prosecutor now in court cursing and swearing and he said Tom the cook had taken hold of his prick and tried to put it up his arse. He then went to (ask?) the other man for a light. The prisoner turned out of bed and the gas was

13

lighted I can’t say by whom. The prosecutor asked in the prisoner’s hearing where Peterson slept and said he wanted layout of the house. Tom the prisoner then said he would let him out and they went downstairs together. I went to sleep again and was awoke by a knocking at the door and window. I looked out and saw Woods the policeman up a ladder hammering the window with his staff. He asked me where Mr Peterson was and asked me to tell Mr Peterson he wanted him. Mr Peterson came and told me and the prisoner to go down to the door. The prisoner was then taken in charge by Mr Wood.

    By Mr O’Meagher: Nichol and the prisoner were sleeping in the same bed. All the beds in the room were occupied. I went to bed about ¼ before one. The prosecutor and the prisoner were upstairs when I came

14

there. The prosecutor had a glass of rum and the prisoner a glass of ale. The prisoner prosecutor was worse than the prisoner. I heard no noise at all whilst they were in bed. I heard the prosecutor cursing and swearing when he was out of bed. The prosecutor is quite a stranger to me. I have known the prisoner for the last three weeks living in the same house and sleeping in the same room with him.

[Signed] Edward Workman.

Taken and sworn before us at Newcastle the tenth day of January AD 1871.
[Signed] Helenus Scott, PM and James [Name illegible] JP.

    William Workman under oath saith:– I am a brother of the last witness. I lodge at the Shipwrights Arms. I know the prisoner and the prosecutor now in court. On Sunday morning last the prosecutor Nicol came and sat on my bed at the Shipwrights Arms and asked me if I could oblige him with a light. I gave him a light and he lighted 

15

the gas and began to look about out for his things. He found them scattered about the room. He asked me for my pipe as he could not find his own and he went out. I did not hear anything before he woke me up to ask for a light. I am a very sound sleeper. I heard the prosecutor swearing and cursing the prisoner but I don’t know what he was cursing him about. The cook said “Don’t be cursing and making a noise to disturb the house; if you want to go out I’ll let you go out quietly.”

    By Mr O’Meagher: The prosecutor was drunk but I don’t think the prisoner was. I was outside the court yesterday but I was not called by the police.

[Signed] W Workman.

Taken and sworn before us at Newcastle the tenth day of January AD 1871.
[Signed] Helenus Scott, PM and James [Name illegible] JP.

    James Lanigan on his oath saith:– I am lockup keeper and Constable

16

at Newcastle. I produce the charge book kept at the lockup at Newcastle. On the 8th of January instant the following entry appears:–

    January 8 4½ am – Thomas Parker, 39, Seaman, Scotland, Protestant. Attempting to commit an unnatural offence on the person of A Nichol on this 8th January the charge was read to the prisoner and signed by the prosecutor.

[Signed] J Lanigan.

Taken and sworn the tenth day of January AD 1871.
[Signed] Helenus Scott, PM and James [Name illegible] JP.

    Committed to take his trial at the next Court of Assizes at Maitland on the 21 April next.
[Signed] Helenus Scott, PM and James [Name illegible] JP.

~ ~ ~ ~ ~

Statement of the Accused.

New South Wales
TO WIT                  }

The Queen versus Thomas Parker for attempt to commit an unnatural offence. Thomas Parker stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, the tenth day of January in the year of Our Lord One thousand eight hundred and seventy one, for that he, the said Thomas Parker on the 8th day of January at Newcastle, in the said Colony, attempt to commit an unnatural offence with one Andrew Nichol and the examination 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 him by me, the said Justice, (by/or) before whom such examination has been so completed; and I, the said Justice, having also stated to the accused and given him clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threats which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall say may be given in evidence against him upon his trial, notwithstanding such promise or threat; and the said charge being read to the said Thomas Parker and the witness for the prosecution, Thomas Woods, Andrew Nichol, Edward Workman, William Workman and James Lanigan having been severally examined in his presence, the said Thomas Parker is 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 Thomas Parker saith:– “I reserve my defence.”

Taken before me, at Newcastle in the said Colony, the day and year first above mentioned.
[Signed] Helenus Scott, PM.

~ ~ ~ ~ ~

Helenus Scott, Police Magistrate
Newcastle, 19 January 1871

Police Under Secretary, Crown Law Department

Sir
    By this post under separate cover addressed to you I do myself the honour to forward the depositions and proceedings against the Prisoner named in the margin, 4 who is now in Maitland Gaol under committal from this Bench awaiting his trail for the offence named in the margin at the next Circuit Court to be holden at Maitland on the 21st April next.

    I have the honour to be,
       Sir,
    Your obedient Servant.
  [Signed] Helenus Scott PM.

~ ~ ~ ~ ~

John Williams, Crown Solicitor
3 May 1871

Sir James Martin QC, Attorney General

Regina v. Thomas Parker

    This case was committed to last Maitland Circuit Court but owing to the absence of the witnesses Nichol and Workman the trial could not be proceeded with.
    It is supposed that these men left the Colony in order to avoid the trial.
    The case is a very peculiar one, and the Solicitor General [William Charles Windeyer] directed Mr [Charles Arthur] Lett, [2nd Clerk to Crown Solicitor] of my office to make certain inquiries of the police as to the character of the witnesses.
    Senior Sergeant Conway, a very intelligent officer informed Mr Lett that the man Nichol is not by any means a good character, and in his (Conway) opinion little reliance should be placed in his evidence.
    The accused pleaded to the information filed at the Circuit Court, and was remanded to the next sitting. Bail was allowed, but it is doubtful whether [Thomas] Parker will be able to find surety.
    Perhaps the Hon Attorney General [Sir James Martin QC] will be good enough to say whether the man is to be detained till the next Circuit Court.
[Signed] John Williams. 

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

January 1871
No. 71
Depositions.
No. 3
Regina
v. Thomas Parker
Attempt to commit an unnatural offence
Circuit Court Maitland
Next Maitland Circuit Court
[Initialled] J[ames] M[artin QC] AG
30 Jan 1871
Attempt to commit sodomy – see within [initialled] J[ames] M[artin QC] AG
Newcastle

~ ~ ~ ~ ~

This is a very peculiar case and not (?) (?) (?)
[Initialled] J[ames] M[artin QC] AG
30 Jan 1871

~ ~ ~ ~ ~

The Newcastle Chronicle, Sat 22 April 1871 5

MAITLAND CIRCUIT COURT.

    This court opened at ten o’clock on Friday morning, before his Honor, the Chief Justice (Sir Alfred Stephen). 6 Mr Windeyer (Solicitor General) prosecuted for the Crown. The following cases were tried:–

    The following cases remain on the list for trial:– William McGown, charged with rape, committed from the Murrurundi Bench; Thomas Parker, attempt to commit an unnatural crime, Newcastle Bench. The following bail cases will also be tried:– William Sneddon, perjury; John Lawless, perjury; John Lawless, libel; Joseph Margin, assault with intent; and Charles Spratt, perjury.

 


1  The Newcastle Chronicle, Tue 10 Jan 1871, p. 3. Emphasis added.

2  The Newcastle Chronicle, Thu 12 Jan 1871, p. 2. Emphasis added.

3  SRNSW: NRS880, [9/6546], Supreme Court, Papers and depositions, Maitland, 1871, No.71. Emphasis added.

4  Mn: The Queen v. Thomas Parker to commit an unnatural offence.

5  The Newcastle Chronicle, Sat 22 Apr 1871, p. 3. Emphasis added.

6  SRNSW: NRS7701, [2/7113 & 2/7114] Judiciary, A Stephen, CJ, notebooks were examined without finding any mention of Thomas Parker’s case.