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1881, George Hamilton - Unfit For Publication
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The Sydney Morning Herald, Fri 17 Jun 1881 1

POLICE.

WATER POLICE COURT.

    Yesterday, a number of persons were punished for engaging in minor offences.

    George Hamilton, a middle-aged man, was charged before the Water Police Magistrate [John Milbourne Marsh] and Mr Field with attempted to commit an offence, was committed for trial at the Central Criminal Court.

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Depositions for George Hamilton 9 Aug 1881 Sydney trial 2

Water Police Court

(M., 11 and 12 Vic., Cap. 42.)

Depositions of Witnesses.

New South Wales, City of Sydney
TO WIT.                                       }

The examination of William Caldwell a Constable of the Sydney Police Force, in the Colony of New South Wales, of William Scott a boy aged 16 years living at the Black Swan Hotel, [Publican: James Bates, 707] George Street Sydney of Sarah Marshall Barmaid at the Mariners Hotel, [Publican: Humphrey Hall, 22] Lime street, [east side, Sydney], of Norah Barry Housemaid at same hotel, of Patrick Egan, Hawker, living at Black Swan Hotel. said City, in the said Colony, taken on oath on the 11th and 16th days of June in the year of Our Lord one thousand eight hundred and eighty one at the Water Police Court, Sydney, 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 George Hamilton who is charged this day before me, for that he the said George Hamilton, on the 10th day of June 1881 at Sydney in the said Colony, in and upon said William Scott did make an assault with intent that detestable and abominable crime called buggery with the said William Scott feloniously, wickedly, and against the order of Nature to commit and perpetrate.

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George Hamilton 

Assault with intent to commit the abominable crime of buggery upon a boy named William Scott 11 June

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    Constable William Caldwell on oath states, I arrested prisoner at the bar of the Mariners’ Hotel, Lime Street in the city about 11.30 from something I had heard from the boy William Scott 

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I charged prisoner with having assaulted William Scott with intent to commit the abominable crime of buggery. He replied “I totally deny it.” He was perfectly sober.

    Prisoner sworn at Sydney 11.6.81:

    I charged you at the station with this offence. I know nothing of the robbery.

[Signed] William Caldwell.

[Signed] John Milbourne Marsh, PM.

    Remanded till Wednesday.
[Signed] J Milbourne Marsh, PM. 

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    William Scott on oath states I am living at the Black Swan Hotel George Street. My parents are in Melbourne. I came from Melbourne with Mr Egan. The first hotel I stayed at was the Farmers Hotel [Publican: Patrick Curry, 496 George Street, Sydney] and I then went to the Globe Hotel and on Friday night about 10 o’clock we I went to the Mariners Hotel with Egan and after we having something

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to drink we were shown into our bedroom by a five women. The one now before the Court is (Sarah Marshall) is one of the women. There were five beds in the room we were shown into that is Egan and myself. There was no-one in the room but Egan and myself. Egan and I had separate beds about 8 feet apart. Egan went to bed I

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think first but we both went to bed about the same time. No one was in the room when we went to bed. I took off all my clothes except my shirt when I went to bed. I went to sleep shortly after I went to bed. I was awoke about 12 o’clock that night but by finding a man on top of me. My belly was on the bed and the prisoner was had

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his belly on my back. He was lying down and he had his private parts between my legs. Prisoner was undressed, had only his shirt on. I think it was the weight of the man on top of me that woke me up. I did not suffer any pain. It was a moonlit night. As soon as I felt prisoner’s weight I jumped up and went to get a match. Prisoner went jumped up and went on to

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his own bed. I said to Egan “God’s truth Paddy, I can’t stand this.” I told him that there was a man on top of me and in bed with me. Prisoner did not say anything when he jumped out of bed. I think I told him he would pay for this. Prisoner’s bed was about 10 feet from my bed. There was no one else but prisoner, Egan and myself in the room at this time. I did

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not say anything to prisoner at any time about his being in bed with me. When I first got out of bed I went to Egan’s pocket to see if there was any money in it and I only found one shilling; thinking that prisoner might have taken some money out of Egan’s pocket. When prisoner jumped out of my bed he said “Oh, I have made a mistake.” I did not find any stains on my sheet.

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I was wet between my legs, my thighs. I am not in the habit of making water in my sleep.

[Signed] William Scott.

Sworn at Sydney 16th June 1881 before.
[Signed] J Milbourne Marsh, PM.

    When I jumped out of my bed prisoner jumped after me saying “Oh I have made a mistake’. I said “you will have to pay for it”. I then woke up Mr Egan and spoke to him about his money; loudly; in prisoner’s hearing; I have been 3 weeks in

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Sydney. I went to bed about 10 I think, I did not look at the clock. I went for a Constable and Mr Egan gave him in Charge. I did not know on what charge until I got to the Watch House. I recollect the women coming into the room. I asked them to come in. The women told him to fetch his clothes and clear out. Norah Barry told him to clear out. I thought she was the

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landlady. Prisoner said “No, I have paid my shilling.” It was bright light and the window blinds were up. I am sure it was not 11 when I went to bed. I must have been in bed one hour when I was awakened. I felt water between my legs, between my thighs; not much. The wet did not come from me. Prisoner did not try to prevent my getting up. He did not ask me not to get up.

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I had never seen prisoner before that night. I came here with my parents’ permission. Mr Egan is looking after me till my parents come from Melbourne. I am between 15 and 17. I have sisters. I have been to school. I have been to 4 or 5 different lodgings in the 3 weeks I have been in Sydney this time. I never make such a charge against anyone before. I never heard of such a charge before. The prisoner’s private

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parts only touched me where I have said. I did not feel them anywhere else. I did not feel them behind me.

[Signed] William Scott.

Sworn at Sydney 15 June 1881.
[Signed] J Milbourne Marsh, PM.

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    Sarah Marshall on oath states I am a barmaid and assist in the housework at Mariners Hotel Clarence Lime Street Sydney. I recollect Scott and Egan coming to that hotel on Friday night last at about 11 o’clock at night. I showed them a bedroom upstairs and left them there. I did not see them again

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till about 20 minutes to 12 o’clock when they came down to the bar with prisoner. I heard Scott accuse the prisoner of shaking the man’s trousers. I heard the prisoner say they could search him and he took all the money out of his pocket. It was some silver and copper money. I said

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to Scott “What you are doing here?”, and he said “You will see. I am going for the Police.” Egan said to me “It is not for the money it is for what he has done.” Prisoner was standing at the bar. I went upstairs to put some more bedclothes on some beds in another room opposite the room in which

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the prisoner slept but as they were not in bed I did not go in and when I had got half way downstairs I heard the boy Scott call out “Come here girls” and when we went into the room he said that the prisoner had been shaking the other man’s clothes. I asked them what they were making such

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a noise about and he said “Never mind, you will see directly.” This was before the three came down stairs. It was the first night the prisoner had slept at that inn.

    Prisoner: They retired about 11 or 11.15.

    Bench: I looked at the clock when they came in because it was late.

    Prisoner: You went to bed about 11.30 pm after they had gone to bed. It was about 11.40 pm when I went up. The young girl who was with

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me knocked at the door to see if you were all in bed. I did not look into the room. I heard a noise a few minutes afterwards. We had not got to the floor of the stairs when the little boy sang out, then we both turned back and went into the room. I saw you standing near your bed, I swear it. I did not take particular notice what you were doing. I had told you to take

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either of the other 2 beds but not the bed behind the door. The boy was to have one of the beds near the door.

[Signed] Sarah Marshall.

Sworn at Sydney 15 June 1881.
[Signed] J Milbourne Marsh, PM.

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    Norah Barry on oath states. I am housemaid at the Mariners Hotel. Scott and Egan were at the hotel on Friday night about 10.45. I went to bed about 11 or 11.15. I saw prisoner go to bed in the same room about quarter of an hour after them. I saw them there when I went to put extra clothes on the beds in the room

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I heard the boy (Scott) accuse prisoner of stealing Egan’s money. Egan Scott went for a Constable. He told prisoner it was not on account of the money but for something else. I told the boy to mind what he was saying. He said he knew what he was doing. He asked his mate to look at his clothes and ran down stairs. Prisoner was present the whole time. They were all sober.

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    Prisoner: I swear on my oath certainly that the boy said to you that it was not for the money but for something else. When I came upstairs first I knocked at the door. The boy said “Come in.” I saw you standing on the floor near your own bed and as soon as I saw you were not in bed I shut the door to again. You were close near the door, you were on the other side of the room.

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You were all downstairs when Scott went for the Police. There was a candle burning in the room.

[Signed] Norah Barry.

Sworn at Sydney 15 June 1881.
[Signed] J Milbourne Marsh, PM.

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    Patrick Egan on oath states: I am a licenced hawker. I am living at the Black Swan Hotel near the Haymarket in George Street. I have not paid for my licence yet. Last Friday night I went to the Mariners Hotel in Lime Street off Erskine Street in this city. This boy now in court, William Scott was with me. We got there before 10. I had a drink and the boy had a drink, ginger

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beer and cloves or lemonade or something of that sort in the bar and in 5 or 10 minutes we went upstairs together. There were 5 bed in the room. We had separate beds. I went to sleep directly. I was woke up about two hours afterwards by Scott, prisoner being then in the room. Scott said “For God’s truth, Paddy, search your pockets. I saw 2 women at the door. Prisoner was then lying down in bed in one garment, boat or shirt I did not notice. I searched my pockets. I noticed

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something that prisoner was (tried ?) to the use of our said Lady the Queen, her Heirs and Successors, if they the said before mentioned persons shall fail in the for last Saturday. I said to prisoner “Turn it up, old man”. Scott said “Don’t let him go. He has been in bed with me. I won’t stand this.” Prisoner said nothing. He, prisoner, then got up and dressed. We went downstairs. A policeman came, two of them and I gave the prisoner in charge on suspicion of having robbed me. We then went to the station. (?) and the boy was questioned by the Inspector. I did not give the prisoner in charge for any

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offence committed by prisoner on the boy. I did not know what charge prisoner was going to be charged with by the boy. I thought of it when the boy said “Don’t let him go. He has been in bed with me.” Scott said to me “Watch him, Paddy, don’t let him go.” The boy is 3 weeks in my charge. I am looking after him for his parents who are expected shortly.

    Prisoner: The lady said “There’s only three of you in the room. Give back the money if you have it.” The three he then told you to clear out and she refunded you the money you had paid for your

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bed in the hotel at about 11.40.

[Signed] Patrick Egan.

Sworn at Sydney 15 June 1881.
[Signed] J Milbourne Marsh, PM.

    Remanded till tomorrow.
[Signed] J Milbourne Marsh, PM.

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(N., 11 & 12 Vic., Cap. 42.)

Statement of the Accused.

New South Wales
TO WIT.                 }

George Hamilton stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 16th day of June in the year of Our Lord one thousand eight hundred and eighty one for that he, the said George Hamilton on the 10th day of June 1881 at Sydney, in the said Colony, did attempt to commit the detestable crime of buggery with one William Scott and the examinations 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 threat 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 George Hamilton, and the witnesses for the prosecution William Caldwell, William Scott, Sarah Marshall, Norah Barry and Patrick Egan being severally examined in his presence, the said George Hamilton 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 George Hamilton saith as follows:– “I reserve what I have to say.” 

Taken before me, at Sydney, in the said Colony, the day and year first above mentioned.
[Signed] J Milbourne Marsh, PM.

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    George Hamilton is committed for trial at the next Court of Sydney Gaol Delivery to be holden at Darlinghurst on Monday 8th August 1881. Sydney 16th August 1881.
[Signed] J Milbourne Marsh, PM.

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(O. 1, 11 & 12 Vic., Cap. 42.)

Recognizance to Give Evidence.

New South Wales, Sydney
TO WIT.                           }

Be it remembered, that on the 16th day of June in the year of Our Lord one thousand eight hundred and eighty on William Caldwell a Constable of the Police Force Sydney, Sarah Marshall of Sydney in the Colony of New South Wales, Norah Barry of Mariners Hotel of Sydney in the said Colony, and Patrick Egan of Sydney in the said Colony, personally cam before the undersigned, one of Her Majesty’s Justices of the Peace for the Colony of New South Wales, and acknowledge themselves to owe our Sovereign Lady the Queen the sum of

FORTY POUNDS EACH,

of good and lawful money of Great Britain, to be made and levied on their Goods and Chattels, Lands and Tenements, to the use of our said Lady the Queen, her Heirs and Successors, if they the said before mentioned persons shall fail in the condition indorsed.

[Signed] William Caldwell, Sarah Marshall, Norah Barry, Patrick Egan. 

Taken and acknowledged, the day and year first above mentioned, at Sydney in the said Colony, before me.
[Signed] J Milbourne Marsh, PM.

The condition of the within written Recognizance is such, that George Hamilton was this day charged before J Milbourne Marsh Esquire, one of Her Majesty’s Justices of the Peace for the said Colony, with assault with intent to commit the abominable crime of buggery. If there, they the before mentioned persons shall appear at the next Court of Gaol Delivery to be holden at Sydney, in and for the Colony of New South Wales, on the 8th day of August next, at 9 of the clock in the forenoon, and then and there give such evidence as they know, upon the information to be then and there preferred against the said George Hamilton for the offence aforesaid to the Jurors who shall pass upon the trial of the said George Hamilton then the Recognizance to be void, or else to stand in full force and virtue.

[Signed] J Milbourne Marsh, JP, PM.

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(O. 1, 11 & 12 Vic., Cap. 42.)

Recognizance to Give Evidence.

New South Wales, Sydney
TO WIT.                           }

Be it remembered, that on the 17th day of June in the year of Our Lord one thousand eight hundred and eighty one William Scott of the Black Swan Hotel George Street of Sydney in the Colony of New South Wales, personally came before the undersigned one of Her Majesty’s Justices of the Peace for the Colony of New South Wales, and acknowledge themselves to owe our Sovereign Lady the Queen the sum of

FORTY POUNDS EACH,

of good and lawful money of Great Britain, to be made and levied on their Goods and Chattels, Lands and Tenements, to the use of our said Lady the Queen, her Heirs and Successors, if they the said before mentioned persons shall fail in the conditions indorsed. 

[Signed] William Scott.

Taken and acknowledged, the day and year first abovementioned, at Sydney in the said Colony, before me,
[Signed] Percy Charles Lucas, CPS.

The condition of the within written Recognizance is such, that George Hamilton was this day charged before J Milbourne Marsh Esquire, one of Her Majesty’s Justices of the Peace for the said Colony, with attempting to commit the abominable crime of buggery. If there, they the before mentioned persons shall appears at the next Court of Gaol Delivery to be holden at Sydney in and for the Colony of New South Wales, on the 8th day of August next, at 9 of the clock in the forenoon, and then and there give such evidence as they know, upon an information to be then and there preferred against the said George Hamilton. For the offence aforesaid to the Jurors who shall pass upon the trial of the said George Hamilton. Then the said Recognizance to be void, or else to stand in full force and virtue.

[Signed] PC Lucas, CPS.

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[On the depositions’ cover sheet is the following]

Quarter Sessions,
Sydney Gaol Delivery
8th August 1881
No. 115
Depositions.
Regina No. 6
v.
George Hamilton
Attempted Sodomy
See within [initialled] R[obert[ W[isdom, AG]
Committed at Water Police Court Sydney 
on 16th August 1881 [or June ]

~ ~ ~ ~ ~

Attempt to commit Sodomy

[Initialled] RW AG
27/6/81

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Justice J Martin’s Notebook 3

168

[Central Criminal Court] Tuesday 9th August 1881
Regina v George Hamilton.
Attempt to commit sodomy.

This prisoner being arraigned pleads not guilty. 
Pitcairn appears for the Crown. He states case & calls:

    1st Witness William Caldwell. Constable in Sydney. I arrested prisoner on the 10th June in a hotel in Lime Street the Mariners’ Hotel. I arrested him about midnight. I charged him with assaulting a boy William Scott with intent to commit sodomy. Scott was presentHe said that he totally denied it. He was sober.

169

    Cross-examined by prisoner. No one gave prisoner in charge. From information I received I went & arrested prisoner. I enquired into the particulars of the case after I arrested prisoner. I went to the hotel to secure the witnesses. I did not go to any bed room. I did not arrest prisoner for a charge of robbery. I have seen the witnesses since prisoner was awaiting trial. Two of the witnesses live in a hotel. I went there to see them. I subpoenaed no witnesses. I named all the witnesses. I took the boy before the Sub-inspector of Police. The boy is under a penalty of £40 if he does not appear.

    2nd Witness William Scott. I live at the Black Swan in George Street. My parents are in Melbourne. I am under the guardianship of a Mr Egan. He has had

170

charge of me since I left Melbourne. On the 10 June last Egan & I went to the Mariners’ Hotel in Lime Street. Beds were taken for us there. These beds were in the same room. There were 5 beds in the room. Egan & I went to bed between 9 & 10. We both went to bed about the same time. There was then nobody else in the room. I undressed to my shirt. I went to sleep shortly after. I was awoke up by a man on top of me. I was lying on my side, more into my stomach. This was about 25 minutes past 11. I jumped out of bed and lit the candle. He The man had his stomach towards my back. He was undressed. He had his person between my legs. I noticed that my legs were wet when I got up. I said to Egan, “God’s truth Paddy,

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I can’t stand this.” The prisoner is the person who was on top of me. It was a moonlight night & the blinds were up. It was light enough to see the prisoner. Prisoner jumped up and ran over into his own bed. There was nobody else in the room than prisoner and Egan & myself. I jumped up in a hurry. I felt his person. I shook Egan. He did not wake up at first. I searched Egan’s pocket to see if his money was all right. I told Egan that the man (meaning the prisoner) had been in bed with me. Prisoner made no remark. Some women came in the room. Mr Egan told them to go out while he dressed. They came in again and told the prisoner to get up and clear out. Mr Egan told him to give up some money that he had taken. He said he hadn’t taken any money. I went for the Police

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and found one. This (Caldwell) was the one.

    Cross-examined prisoner. I stayed at the Farmers’ House Hotel when I first came from Melbourne. I stayed there a week & three days. I then went to another hotel and ultimately to the Black Swan. We changed about to avoid the company of (diggers ?) that Egan met there. I came back to Sydney in Egan’s charge to to [sic] the billet I was in before. I support myself while away from my friends. I have been in employment since I came to Sydney. Egan is a licensed hawker. He had no licence in the Water Police Court. I said to Egan search your pockets, I am sure that man has robbed you. I am not certain it was a moonlight night. It was a

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very light night. I tried to wake Egan. He was too sound asleep. I went twice for the Policeman before I found one. I didn’t give prisoner in charge – but Egan did for robbery – taking his money. I heard no other charge then. I heard the other charge first at the central police Court. Egan came over and challenged prisoner for some money. I remember prisoner saying You’re a lieing [sic] (you ?) scoundrel. I told Egan what prisoner had done as soon as I woke him up. Egan counted his money before he went to bed. 14/- or 15/-. There was a half sovereign amongst it. I went back to the same bed after prisoner was taken into custody. I saw no wet on the bed. None of the detectives spoke to me since prisoner was waiting for trial. I have met Caldwell since in the street. I didn’t hear prisoner say that he would call the landlord.

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I can’t say what I said to the females. They told me to mind what I was doing. I don’t remember what I told them. I forget how it was my father gave me in Mr Egan’s charge. My father was in Melbourne & my mother also when this affair occurred. I have known Mr Egan about 3 years. My father does not furnish Mr Egan with money for my support. I was working for Mr Egan – I carried goods for him. He has had his licence about 2 months. I heard him swear in the Water Police Office that he was a licensed hawker. His application was then in for a licence. He had no licence to produce.

    By a Juror. I never saw prisoner before that night. I carry goods for Mr Egan.

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I was previously working for Mr (Lime ?) the photographer.

    3rd Witness Patrick Egan. I am a hawker living at the Black Swan Hotel. I recognise the prisoner. On the 10 June last I was at the Mariners’ Hotel in Lime Street. William Scott was with me. I had engaged beds there. He & I went to bed between 9 & 10. I woke up about ½ past 11. Scott woke me. When I got up I saw the prisoner who was in the room when I awoke. It was a moonlight night. I could see pretty plainly. Scott said “God’s truth Paddy – search your pockets.” I searched my pockets and missed something – some money. I told prisoner to turn up the money and one of us could leave the house. Scott was making a great row. He said no he won’t leave the house. He has been in bed with me.

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Prisoner said nothing to that. Some Two females came to the door when I woke. They were telling the boy to stop his noise. I asked the women to go out, saying I thought the boy was right, I had just missed my money. I dressed then. Prisoner, Scott & I went down stairs. The Police came & I gave prisoner in charge on a suspicion of his having robbed me. Scott & I & the Police then went to (No. 1 ?) Station. It was then that this charge came out.

    Cross-examined prisoner. I am a licensed hawker. I got my licence the first Friday in June. I swore in the Water Police Office that I was a licensed hawker. The licence was granted but not issued. The first words Scott said was “God’s truth Paddy, search your pockets.”

~ ~ ~ ~ ~

Justice J Martin’s Notebook 4

1

[Central Criminal Court]
Tuesday, 9 August 1881 – Regina v Hamilton.
Case continued from vol. 9

    Cross-examination – Evidence of Hamilton [should read Patrick Egan] continued. When I got out of bed I challenged prisoner about the money. He said he hadn’t got it – that he had 14/- or 15/- when he went into the house. When I asked prisoner to turn the money up & go, Scott said he won’t go he has been in bed with me. I heard the females come to the door. I asked them to close the door while I got up. I have known Scott close on 3 years. I have not been in court listening to his evidence. I did not hear the evidence in the Police Court.

2

I am a great (friend ?) Scott’s father. He is useful to me. He carries my goods. I keep him in clothes. I receive no money from his father for his support. I never saw the man who went with Scott for the Police. The servant (girl ?) said to prisoner if you have the man’s money give it up. I gave prisoner in charge at the hotel. Prisoner was given in charge for this offence at No. 1 Station. Prisoner was 20 minutes there before this charge was made. The inspector advised Scott to make the charge. I saw Scott’s bed in the morning. I saw no stains – only the clean linen and the shirt. Scott told me that when he awoke prisoner was on top of him & as soon as he stirred prisoner ran to his own bed.

2(a)

    By a Juror. He told me of this when he came back from the watch house. He was discharged at the Police office, as to the robbery. Scott said he would not stop there if it was the most respectable house in Sydney.

    By another Juror. Previous to leaving the bed room Scott did not tell me what prisoner had done. He made no particular charge. He said prisoner had been in bed with him. He said that several times. I had a few drinks. I did not hear the particulars of the charge till I got to the Police Office.

    By another Juror. Scott had a right to put his hands in my pocket as he described.

2(b)

I did not find my money afterwards.

    By prisoner. Scott told me that he had searched my pockets. Prisoner was the first person who went down stairs. Scott went for a policeman & came back and said there was none.

    4th Witness Sarah Marshall. I am bar maid at the Mariners’ Hotel in Lime Street. I remember Scott & Egan coming to the hotel on the evening of 10th June. He [sic–They] retired about 11 o’clock. Prisoner was there that night. He came in & went to bed about ½ past 11 in the same room as Egan and Scott – each person hired a particular bed – they all had separate beds. Another girl and I heard a noise – we heard the boy Scott sing out. We went to the room.

3

Scott accused prisoner of stealing some money out of Egan’s pocket. I told him to mind who he was accusing. Scott said it was all right. He said he was going for the Police. Egan held prisoner in the bar. The boy and prisoner came down first. Egan followed. Egan accused prisoner of stealing some money. Egan said that Scott had gone for the Police not for the money but for something else. That was the first time I had seen the prisoner (wherever ?). I shewed prisoner to the landing. Prisoner said he had slept there before. Prisoner was upstairs about at a ¼ of an hour or 20 minutes before I went up. I did not open the bed room door till the boy sang out.

4

Prisoner paid me 1/- for the bed. He had had one glass down in the bar – prisoner paid for the drink.

    By a Juror. The boy made no charge against the prisoner. Egan made the charge.

    5th Witness Nora Barry. I am housemaid at the Mariners’ Hotel in Lime Street. On the 10th June last Egan & Scott took beds there & went to bed (separate beds) about 11 o’clock. There were other beds in the room – one of these beds was engaged some little time afterwards by the prisoner. After that Miss Marshall & I heard Scott making a noise. He accused prisoner of stealing Egan’s money. After that all [of] them came down. I can’t say which came first. Scott went for a Policeman.

5

I heard Egan give his charge for stealing the money. The boy said he have had some other charge. That was before he came down stairs.

    Cross-examined by prisoner. I am in the habit of tidying up the beds in the morning. I saw no stains in Scott’s bed. Miss Marshall & I came upstairs together. I saw there was a person not in bed. I was down stairs when Scott called out. He told the other man to get up. I heard the boy Scott say that he saw prisoner steal the money.

    By a Juror. I did not hear Scott say that he had been ill used by the prisoner.

Case for the Crown closed.

6

    [William] Scott recalled by a Juror. I did not say that I saw prisoner steal the money from Egan. I put my hand to Scott’s Egan’s pocket because I thought it had been interfered with. I had taken nothing but lemonade that day. I did not state the charge because the ladies were in the room.

Prisoner addresses the Jury.

I sum up briefly. 

    The Jury retire at 3 minutes to 12 o’clock. They returned into Court at one o’clock and find the prisoner not guilty whereupon he was discharged.

~ ~ ~ ~ ~

The Sydney Daily Telegraph, Wed 10 Aug 1881 5

CENTRAL CRIMINAL COURT.
TUESDAY, AUGUST 9.
(Before the Chief Justice.) [Martin]

    Mr Pitcairn prosecuted on behalf of the Crown.

    UNNATURAL OFFENCE.– George Hamilton was charged with this offence, but the evidence not [text illegible here] to prison, he was discharged.

~ ~ ~ ~ ~

The Sydney Morning Herald, Wed 10 Aug 1881 6

CENTRAL CRIMINAL COURT.
TUESDAY [9 AUGUST 1881].
(Before his Honor the Chief Justice) [Martin].

    The Court reopened at 10 o’clock. Mr Pitcairn prosecuted for the Crown.

ATTEMPTING TO COMMIT AN OFFENCE.

    George Hamilton pleaded not guilty to a charge of having attempted to commit an offence. The jury found the prisoner not guilty, and he was discharged.

 


1  The Sydney Morning Herald, Fri 17 Jun 1881, p. 3.

2  SRNSW: NRS880, [9/6666], Supreme Court, Papers and depositions, Sydney, Aug 1881, No. 115. Emphasis added.

3  SRNSW: NRS7378, [2/6166], Judiciary, J Martin, CJ. Notebooks Criminal, Sydney, 1873-86, pp. 168-76. Emphasis added.

4  SRNSW: NRS7378, [2/6167], Judiciary, J Martin, CJ. Notebooks Criminal, Sydney, 1873-86, pp. 1-6. Emphasis added.

5  The Sydney Daily Telegraph, Wed 10 Aug 1881, p. 3.

6  The Sydney Morning Herald, Wed 10 Aug 1881, p. 7.