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1830, Thomas Evans - Unfit For Publication
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Col Sec letter, 21 Jan 1828 1

28/553
F[rederick] A[ugustus] Hely
[Principal Superintendent of Convicts]
No. 28/69

Colonial Secretary’s Office
Sydney 21 January 1828

Sir
    In reply to your letter of the 17th instant I am directed by His Excellency the Governor to desire, that the invalid herein mentioned and now named in the (Thomas Evans per Henry) margin may be sent to Rooty Hill to join the others.

    I have the &c.
[Signed] Alexander McLeay
[Colonial Secretary]

~ ~ ~ ~ ~

Police Office Parramatta, 3 Jul 1830 2

1

Present Edm Lockyer, G Blaxland, John Palmer, K Lethbridge, Esquires.

Thomas Evans, free, brought forward:–

    Robert Fuller, aged 13 years son of Edward Fuller, Settler Castle Hill, being duly sworn deposeth:–

    That last Sunday night as deponent was driving home his father’s cattle in company with Thomas Dunn and the prisoner at the bar, who asked deponent. Which way he was going on Monday. Deponent, Said he was going to Colo forest, when the prisoner said, “Don’t go till Tuesday,” Deponent did not go on Monday; and on Tuesday morning, the prisoner at the bar came to dept’s [deponents] fathers house for milk. The prisoner told deponent that he was going out to Colo after four head of cattle, and said there was one pound reward; Deponent. agreed to go after Breakfast, and then started for Colo in Company

2

with the prisoner; Deponent enquired after the cattle which were astray and for which they were looking. On dept’s way home, the prisoner at the bar took hold of deponent, and on deponent’s crying out he threw deponent down and unbuttoned the flap of deponent’s trowsers [sic], and deponent cried out and said it was a sin to commit such an offence. Deponent then got up and the prisoner at the bar held him by the arm and attempted to take him into the scrub. Deponent got away and ran off when the prisoner pursued him and dept. made his escape, and dept. went (?) immediately and informed William Curtis of the transaction.

(Signed) Robert Fuller.

    The prisoner is remanded for further evidence.

~ ~ ~ ~ ~

Police Office Parramatta, 10 Jul 1830

3

Present E Lockyer, G Blaxland, Jno Palmer, Esquires.

Thomas Evans, free, brought up under re-examination.

    Charles William Curtis of Pennant Hills states on oath:– that whilst deponent was at work sawing at Dooral about a fortnight ago Robert Fuller came to deponent and informed deponent that the prisoner at the bar attempted to commit an unnatural crime on deponent’s person by catching hold of him as described in Fuller’s deposition of the 3rd instant.

(Signed) Chas Wm (his X mark) Curtis.

    The prisoner is fully committed to take his trial by due course of law for the above offence. True Copy.

[Signed] E Lockyer, JP, Supt of Police.

~ ~ ~ ~ ~

[On the back of the above is the following]

Police Office Parramatta
The King v. Thomas Evans Deposition
1830 Sept 2 Guilty
[Initialled] W (?) M
For Trial by due course of Law

~ ~ ~ ~ ~

In the Eleventh 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 twenty sixth Day of August in the year of Our Lord One Thousand Eight Hundred and thirty at Sydney in the Colony aforesaid, informs the said Court, that Thomas Evans late of Dooral in County of Cumberland in the Colony aforesaid, Labourer.
on the twenty ninth Day of June in the Year of Our Lord One Thousand Eight Hundred and thirty with force and arms at Dooral aforesaid in the County in the Colony aforesaid in and upon one Robert Fuller in the peace of God and our said Lord the King then and there being did make an assault and him the said Robert Fuller then and there did beat wound and ill treat with intent that detestable and abominable crime (not to be named among Christians) called buggery, with the said Robert Fuller then and there feloniously wickedly diabolically and against the order of nature to commit and do – To the great displeasure of Almighty God. To the great damage of the said Robert Fuller, against the form of the Statute in such case made and provided and against the peace of our Lord the King his Crown and Dignity.
[Signed] Alex M Baxter, Attorney General

~ ~ ~ ~ ~

[On the reverse of the above is the following]

18

Assault with intent to commit sodomy
The King v. Thomas Evans
Information
Witnesses: Robert Fuller, Charles William Curtis
September 2nd 1830
Plea Not Guilty 
Verdict Guilty
[Signed] J Gurner
September 25th 1830
Thomas Evans sentenced to be imprisoned on board the Hulk for two years and hard Labour
[Signed] J Gurner

~ ~ ~ ~ ~

The Sydney Gazette and New South Wales Advertiser, Sat 4 Sep 1830 3

SUPREME COURT
———◦———
Thursday, Sept. 2.
(Before the Chief Justice.) 4


    Thomas Evans was indicted for an assault with intent to commit an unnatural crime. A second count charged the prisoner with a common assault. Guilty. Remanded.

~ ~ ~ ~ ~

The Australian, Fri 10 Sep 1830 5

SUPREME COURT
Criminal Side

    Thursday [9 September 1830] yesterday.–

    Thomas Evans, for an assault, with an intent to commit an unnatural crime, the second count charging the prisoner with a common assault. Guilty. Remanded.

~ ~ ~ ~ ~

The Sydney Monitor, Wed 29 Sep 1830 6

THE PRESS
————


    Saturday.—In Banco Regis.—The three Judges having taken their seats, the following prisoners were called up for judgment:—Thomas Evans convicted of committing an assault upon Thomas Fuller, with intent to commit an unnatural offence. The Court were sorry the law did not allow them to pass a heavier sentence than it did of imprisonment in the Sydney gaol for two years, and to be kept to hard labour.

~ ~ ~ ~ ~

Col Sec letter, 19 Sep 1832 7

F[rederick] A[ugustus] Hely
[Principal Superintendent of Convicts]
No. 32/817

Colonial Secretary’s Office
Sydney 19th September 1832

Sir
    I am directed by His Excellency the Governor to transmit to you for your report the accompanying Petitions from the Individuals named in the margin, 8 the two first employed as Clerks in the Audit Office, for Tickets of Leave, and Evans for a Situation of Constable or Overseer on his becoming Free on the 25th instant of the sentence of two years Imprisonment passed upon him by the Supreme Court on the 25th September 1830, for an unnatural crime.

    I have the &c.
    (Signed)
    T[homas] C[udbert] Harrington
    [Assistant Colonial Secretary]

 


1     SRNSW: NRS962, [4/3666], Col. Sec. Letters sent re convicts, Oct 1826-May1855, p. 99, R1042.

2     SRNSW: NRS880, [SC T31], 30/253; SRNSW: NRS880, [CP T146], 18, Supreme Court, Papers and depositions, 1830. Emphasis added.

3     The Sydney Gazette and New South Wales Advertiser, Sat 4 Sep 1830, p. 3.

4     Chief Justice, Francis Forbes, notebooks could not be located at SRNSW.

5     The Australian, Fri 10 Sep 1830, p. 3.

6     The Sydney Monitor, (NSW), Wed 29 Sep 1830, p. 2.

7     SRNSW: NRS905, [4/3675], Col. Sec, Letters received, 1826-1982, p. 249, R1045. Emphasis added.

8     Mn: 32/6963, 32/6968, Letters 2,15th Sept 1832, Petitions 2, 7th & 14th Sept 1832, John Crowe, GG Garner Thos Evans, Henry, on board the hulk.