Depositions for Esau Cheeseman 23 Jan 1830, Campbelltown Trial
In the Tenth 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 Majesty’s 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 twentieth Day of January in the year of Our Lord One thousand eight hundred and thirty at Campbell Town, in the Colony aforesaid, informs the said Court that Esau Cheeseman late of Liverpool in the Colony aforesaid, Labourer on the twenty second day of December in the year of Our Lord One thousand eight hundred and twenty-nine with force and arms at Liverpool aforesaid, in the Colony aforesaid, in and upon one Alexander Robinson then and there being feloniously did make an assault and then and there feloniously wickedly diabolically and against the order of nature had a venereal affair with the said Alexander Robinson and then and there carnally knew him the said Alexander Robinson and then and there feloniously wickedly diabolically and against the order of nature with the said Alexander Robinson did commit and perpetrate that detestable and abominable crime of buggery (not to be named amongst Christians) against the form of the Statutes in such case made and provided, and against the peace of our said Lord the King his Crown and Dignity.
[Signed] Alex M Baxter, [AG].
~ ~ ~ ~ ~
[On the reverse of the above is the following]
The King against Esau Cheeseman.
Witnesses: Alexander Robinson, Daniel Gillespie
January 23 1830
Plea Not Guilty
Nolle prosequi entered by Attorney General
[Signed] John Gurner
~ ~ ~ ~ ~
The Sydney Gazette and New South Wales Advertiser, Sat 30 Jun 1830
Before Mr Justice Stephen
CAMPBELL TOWN ASSIZES
SATURDAY [23 Jan 1830]
Esau Cheeeman [sic] was next indicted for a detestable crime.
Mr Sydney Stephen and Mr Therry conducted the defence, and took a preliminary objection to the examination of the witness who was called on behalf of the prosecution, as he was particeps criminis, [one who has a share in a crime; an accessory] and liable to be indicted himself for a capital felony.
Mr Justice STEPHEN said that it was an invariable rule that a witness could not be called upon to criminate himself, he therefore concurred with the Counsel in the propriety of not taking this witness’s testimony.
The Crown Solicitor [William Henry Moore, Esq] entered a nolle prosequi on the record, and the prisoner was discharged.
1 SRNSW: NRS880, [SC T30], 30/32a, 8, Supreme Court, Papers and depositions, 1830. The other file, CP T144 8, for this case, could not be located at SRNSW.
2 The Sydney Gazette and New South Wales Advertiser, Sat 30 Jan 1830, p. 3. Chief Justice A Stephen’s 1830 notebooks could be located at SRNSW.