Depositions for Samuel Jones, 11 Feb 1834, Sydney Trial
In the fourth Year of the Reign of
Our Sovereign Lord William 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 John Kinchela, Esquire, Doctor of Laws, 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 first Day of February in the Year of Our Lord One Thousand Eight Hundred and Thirty- four at Sydney, in the Colony aforesaid, informs the said Court, that Samuel Jones late of Sydney in the Colony of New South Wales, Labourer
on the Second Day of January in the Year of Our Lord One Thousand Eight Hundred and Thirty-four with Force and Arms, at Sydney in the Colony aforesaid in and upon a Certain person to the said Attorney Generalas yet unknown feloniously did make an Assault and then and there feloniously wickedly and against the Order of Nature had a venereal affair with the said person unknown and then and there feloniously wickedly and against the Order of Nature with the said person unknown did commit and perpetrate the
abominable crime of buggery to the great displeasure of Almighty God to the great Scandal and disgrace of the human kind against the form of the Statute in such case made and provided and against the grace of our Lord the King his Crown and Dignity.
[Signed] John Kinchela, Attorney General.
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[On the reverse of the above (1-2) is the following]
In the Supreme Court.
The King against Samuel Jones
Witnesses: James Crain
(?) February 11 1834 Dowling J
Plea Not Guilty M. J.
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February 15 1834
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Justice J Dowling's Notebook
The King v. Samuel Jones
Buggery with a certain person unknown at Sydney on 2nd January 1834
James Crain Private in the 4th Regiment (?) O. – I was walking in the domain between 11 & 12 in the daytime. I saw the prisoner just outside the garden. I was going for a bucket of water (for ?) (the ?) Fort Macquarie
guard. I saw him with his trowsers [sic] down. A man was lying down on his face, with his trowsers down & the prisoner lying atop of him – I stood on the rock, & to make myself sure I got off the rock, & stood sideways towards them. I saw the prisoner have connexion with the other man. I mean that this man’s private parts was in the fundament of the other man. – I could see the naked person of the man under him I saw his yard – I stood for as much as 7 or 8 minutes watching
them. As soon as he saw me, he jumped up, & buttoned his trowsers. I went up to him. He ran away. I ran after him. I caught him but I could not catch the other. I asked him what was that he was doing? He said nothing. I made him let down his trowsers. I examined his yard. It was quite red. I saw some human (?) on his linen. I can’t say he remained long enough with the other man to say he had satisfied his lust. He was on the man 6 or7 minutes. He was on him when I first saw him. I was looking as much
as 6 or 7 minutes. I was alone. I took the prisoner to Fort Macquarie guard – I left him in charge of the Corporal of Guard while I went for the water – Charged with sodomy – He begged of me not to take him – The other man got away. I don’t know his name. I should know him if I saw him.
I have been in 4th Regiment 7 years. He declines answering (questions ?). He has been a deserter. When I took the prisoner out of the bush I told a sailor about it. It was underneath, that hung over.
No one could see what they were doing unless they went close on the top of them. I had been told by the Corporal that there was hole, in which could get some fresh water, & I had to pass this rock to get to the hole. – I am (sure ?) of the prisoner. The other man was a tall stout man, with a striped shirt on him – I appeared the same day before the magistrates. – He told me he belonged to Mr Egan of the Dockyard. I took him (down ?), & I found that he belonged to Eagan. I told Mr Eagan what was the matter. Mr Eagan told me
to take him away. The prisoner said it was no such thing – he only went to have a bathe. There was no place to bathe. I was in the (?) – I am a married man. Five years – I am a private.
Prisoner: My master sent me with (ill ?) – went to lay down – called me a liar & that I belonged to Carter’s Barracks.
The Jury finds the prisoner. Guilty
Death passed with concurrence of the Judge.
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The Sydney Gazette and New South Wales Advertiser, Thu 13 Feb 1834
SUPREME CRIMINAL COURT
MONDAY, 10 FEBRUARY 1834
(Before Mr Justice Dowling, and a Jury of Military Officers.)
Samuel Jones, apparently not more than 16 or 17 years of age, was convicted upon the testimony of a soldierof the 4th Reg. of an abominable offence.
The prisoner was remanded.
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The Australian, Fri 14 Feb 1834
Supreme Court – Crown Side
Monday, – [10 Feb 1834] Before Judge Dowling and a Military Jury.
Samuel Jones was indicted for an unnatural crime. The evidence as is usual in such cases is too foul to sully our pages with. Guilty, Remanded.
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The Sydney Gazette and New South Wales Advertiser, Tue 18 Feb 1834
SATURDAY [15 Feb 1834]
The three judges took their seats this morning for the purpose of passing sentence, when the following prisoners convicted during the present criminal sittings of the Court, were placed at the Bar to receive judgment:–
Samuel Jones, for an abominable offence. – Death.
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The Sydney Herald, Thu 20 Feb 1834
Supreme Court. – Criminal Side.
Saturday.– [15 Feb 1834] His Honor the Chief Justice, attended by Judges Dowling and Burton, passed sentence on twelve prisoners, convicted as under:–
Samuel Jones, for an unnatural crime – Death.
His Honor Judge Dowling put on the black cap, and addressing the two last named [Jones and Edward Giles]prisoners, told them, they have been convicted on the clearest testimony, of the crimes laid to their charge; here commended them to make the best use of their time, as their lives were forfeited, and no hopes of mercy could be held out to them; the sentence of the court was then passed, that the prisoners should be taken back to the prison from whence they came and from thence to the place of execution, and to be hung by the neck until their bodies be dead, and the Lord have mercy on their im mortal souls.
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Enclosure J to NSW Executive Council, Minute No. 6, 1834
In the Supreme Court
Report of the cases of Prisoners tried and convicted of Capital offence before James Dowling, Esquire, at the Sittings of the Supreme Court holden at Sydney in the month of February, 1834
The King v. Samuel Jones: The Prisoner, Samuel Jones, was tried before me on the 10th February, 1834, for an unnatural crime, committed with a person, to the Attorney General unknown, at Sydney on the 2nd January ulto. –
The case was clearly proved by a Soldier of the 4th or (K’s ?) (own ?) Regiment, who witnessed the transaction in the Government Domain. – The other offender escaped. – The Prisoner was a Prisoner of the Crown, about 19 years of age. – I passed sentence of Death on the prisoner.
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Enclosure K to NSW Executive Council, Minute No. 6, 1834
In the Supreme Court
Report of a Capital case tried before William Westbroke Burton, Esquire one of the Judges of the Supreme Court of New South Wales, on the 3rd February 1834.
The Prisoner, a Prisoner of the Crown, a boy apparently about 13 years of age, but by the books in the Office of the Principal Superintendent of Police about 15, – was convicted of arson, in maliciously setting fire to a stack of wheat, the property of James Parker and George Schofield. –
It could not be discovered what motive actuated the Prisoner to commit the act in question; – but it was proved that he committed it wilfully, and was a sharp intelligent boy who must have known been well aware of the nature and consequence of his offence. – But he shewed [sic] so little care to avoid detection or to escape afterwards, the I should otherwise have doubted his intelligence, –
Under the circumstances, sentence of Death was
recorded against him; which I recommended should be commuted for a temporary imprisonment, and repeated whipping, as being a more fitting punishment for one of his age, than the confinement of a Penal settlement, or a Ironed Gang. –
(Signed WW Burton)
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NSW Executive Council Minute, 25 Feb 1834
Minute No. 6
Tuesday, 25 February 1834
His Excellency the Governor [Richard Bourke KCB]
The Hon Lieut Col [Kenneth] Snodgrass [The Senior officer of HM Land Forces]
The Hon Colonial Secretary [Alexander M’Leay]
The Council having met pursuant to summons the Minutes of proceedings, at the last meeting was read and confirmed.
His Excellency the Governor laid before the Council the Reports [see Enclosures above] of their Honors the Judges of the Supreme Court of the following cases of capital convicts tried before them respectively at the late criminal Sessions of the Supreme Court.
Their Honers were severally introduced and explained to the Council the circumstances attending the cases in question, and the Council having maturely and attentively considered the same advised as follows:
Samuel Jones, convicted of an unnatural crime, That the sentence of death passed upon him be commuted tohard labour in irons at Norfolk Island for life.
Samuel Roney, convicted of arson, That the judgment of death recorded against him be commuted to imprisonment for three years with three whippings.
The Council then adjourned sine die
[Signed] E Deas Thomson, Clerk of the Council
[See also 1834, Samuel Rooney]
1 SRNSW: NRS880, [SC T37] Information No. 22, Supreme Court, Papers and depositions, 1834.
2 SRNSW: NRS5869, [2/3275], Judiciary, J Dowling, CJ. Notebooks Proceedings of the Supreme Court of NSW, 1828-44, p. 133-8.
3 The Sydney Gazette and New South Wales Advertiser, Thu 13 Feb 1834, p. 2.
4 The Australian, Fri 14 Feb 1834, p. 3.
5 The Sydney Gazette and New South Wales Advertiser, Tue 18 Feb 1834, p. 2.
6 The Sydney Herald, Thu 20 Feb 1834, p. 2.
7 SRNSW: NRS4234, [4/1443], Executive Council, Appendices to minutes, 1825-48, pp. 162-3.
8 SRNSW: NRS4234, [4/1443], Executive Council, Appendices to minutes, 1825-48, pp. 164-5.
9 Mn: The King v. Samuel Roney.
10 SRNSW: NRS4232, [4/1518], Executive Council, Minute books, Minute 6, 25 Feb 1834, R2436.