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1851, Samuel Ralph - Unfit For Publication
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Depositions for Samuel Ralph 3 Feb 1851 Goulburn trial 1

No.50/6


    The Bench of Magistrates, Gundagai, to the Attorney General, transmitting one set of Depositions. Seven Enclosures.

    Police Office, Gundagai,
    21st December 1850

The Honorable the Attorney General, Sydney
Sir
    I have the honor to transmit herewith one set of Depositions taken before this Bench yesterday, in the case named in the margin, 2 and to inform you that the prisoner is committed to take his trial for the offence, at the Goulburn Circuit, to be holden on the 3rd February 1851.
I have the honor to be
    Sir
Your most obedient servant,
[Signed]

~ ~ ~ ~ ~

G 63.

RECOGNIZANCE FOR WITNESSES.

NEW SOUTH WALES
to wit.                   }
John Keefe, Shepherd in the service of Mr Peter Stuckey of Willie Ploma, for his sons Jeremiah and William Keefe,

    Forty pounds sterling

Be it remembered, that the above named persons acknowledge themselves bound to Our Sovereign Lady the Queen, Her Heirs and Successors, in the penal sums expressed against each of their respective names, if they shall respectively make default in the condition hereunder written.

    The condition of the above written Recognizance is such, that if the above bounden persons do respectively appear in the Court of Circuit of the Supreme Court of New South Wales to be holden at Goulburn, on the third day of February 1851 now next, at nine o’clock in the forenoon, or at such other Court, time, and place, as Her Majesty’s Attorney General for the Colony shall, by a special notice, appoint, and then and there give such evidence as they respectively know upon an information to be then and there exhibited on behalf of Her said Majesty against Samuel Ralph late of “Big Ben” for the abominable crime of buggery with Jeremiah Keefe and shall not depart thence without leave of the Court, then this Recognizance is to be void, or else to remain in its full force.

    Taken and acknowledged before me, one of Her Majesty’s
    Justices of the Peace for the Colony of New South
    Wales, at Gundagai
    in the said Colony, this twentieth day of
    December 1850.
    [Signed] Robt P Jenkins, JP.

~ ~ ~ ~ ~

G 63.

RECOGNIZANCE FOR WITNESSES.

NEW SOUTH WALES
to wit.                    }
Charles Crane of Willie Ploma, overseer, 

   Forty pounds

Be it remembered, that the above named persons acknowledge themselves bound to Our Sovereign Lady the Queen, Her Heirs and Successors, in the penal sums expressed against each of their respective names, if they shall respectively make default in the condition hereunder written.

    The condition of the above written Recognizance is such, that if the above bounden persons do respectively appear in the Court of Circuit of the Supreme Court of New South Wales to be holden at Goulburn, on the Third day of February, 1851 now next, at nine o’clock in the forenoon, or at such other Court, time, and place, as Her Majesty’s Attorney General for the Colony shall, by a special notice, appoint, and then and there give such evidence as they respectively know upon an information to be then and there exhibited on behalf of Her said Majesty against Samuel Ralph late of “Big Ben” for the abominable crime of buggery with one Jeremiah Keefe and shall not depart thence without leave of the Court, then this Recognizance is to be void, or else to remain in its full force.

    Taken and acknowledged before me, one of Her Majesty’s
    Justices of the Peace for the Colony of New South
    Wales, at Gundagai,
    in the said Colony, this twentieth day of
    December, 1850.
    [Signed] Robt P Jenkins, JP.

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New South Wales
To Wit.               }
The information and complaint of Jeremiah Keefe a boy of the age of thirteen years and nine months, son of John Keefe, Shepherd in the service of Mr Peter Stuckey of Willie Ploma, near Gundagai, to be this twentieth having given satisfactory answers as to the nature of an oath, was sworn this twentieth day of December, in the year of our Lord, 1850, for and before us the undersigned two of Her Majesty’s Justices of the Peace in and for the said Colony of New South Wales, and upon his oath saith: My brother and I went out to a station of Mr Peter Stuckey called “Big Ben” to shepherd a flock of sheep about a fortnight ago. The prisoner Samuel Ralph went there with us. He was shepherding one or two days. After that he was watching. The first night I we went to “Big Ben” Station, the prisoner, my brother William and I slept together under a sheet few sheets of bark. The prisoner slept in the middle, between me and my brother. About the middle of the night I was awoke by the prisoner putting

2

his cock to my bottom. The next night my brother William and I slept with the prisoner in the watch box. I laid down at one end of the box, the prisoner was at the other. I did this so to get away from the prisoner in consequence of what he did to me the night before. The prisoner followed me to the end of the box where I lay. He wouldn’t let me sleep all night. He tried to put his cock into my bottom again. I tried to get away fetch from the prisoner, but he had his arm round his my waist. He screwed me fast to the box and I couldn’t get out of the box. He hurt me a good deal very much in my bottom. I would not sleep with him any more. The next day when I went to sit down on the bed he caught hold of me and knocked me down and said Jerry let me fuck you in your bottom. I said “No”. He said it would make me lively. He then caught hold of me of me. He got upon my back. I turned round on my brother laid hold of his hand

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and I got away. After that he tried to do the same thing three or four times. The first night on awaking I felt my bottom wet. I was sore My bottom was sore until dinner time the next day. After the second night I told Charles Crane, Mr Stuckey’s overseer, that that I would not sleep with the prisoner Samuel Ralph any longer in the box. Crane asked me why not. I told him that he he was scrooging [sic] me all night.

    Cross examined by prisoner: “Crane” was sleeping with us under the same sheets of bark, but in his own bed the first night after going to “Big Ben”. We all slept a few nights under the sheets of bark, before you, my brother and I went to the watch box.

    By the Bench: With reference to my statement as to the next night my brother William and I slept with the prisoner in the watch box, I mean the next or second time the prisoner made the attempt upon my person.
[Signed] Jeremiah (his X mark) Keefe. Witness, D Smith.
Sworn before us at Gundagai this twentieth day of December 1850.
[Signed] Robt P[itt] Jenkins, JP. J[ohn] N[eil] Waugh, JP.

4

New South Wales
To Wit.               }
The information and complaint of William Keefe a boy of the age of eleven years and three months, son of John Keefe, shepherd in the service of Mr Peter Stuckey of Willie Ploma, near Gundagai, having given satisfactory answers as to the nature of an oath, was sworn this twentieth day of December, in the year of our Lord 1850, by and before us, the undersigned, two of Her Majesty’s Justices of the Peace in and for the said Colony, and upon his oath saith: More than a week ago, me and my brother Jeremiah, Samuel Ralph and Charly Crane come from (Adelong ?) Together to the “Big Ben” Station with a flock of weaners. We all slept under warm sheets of bark. I think we slept three nights under the bark. Afer this we slept in the watch box except Crane who slept under the bark. My brother slept in one night in the watch box. After this I slept with Samuel Ralph in the watch box until Ralph was removed to the head station. The night after Jerry left the prisoner, Samuel Ralph put his cock again between my legs against my bottom and hurt me. I told him to leave off and he did as

5

he did the same every night. I was with him excepting two nights – he hurt me every night.
[Signed] William (his X mark) Keefe. Witness [Signed] D Smith.

Sworn before us at Gundagai this twentieth day of December 1850
[Signed] Robt P Jenkins, JP. JN Waugh, JP.

    The prisoner declines asking this witness any questions.
[Signed] Robt P Jenkins, JP.

6

New South Wales
To Wit.               }
Thomas Crane, overseer, in the service of Willie Ploma Mr Peter Stuckey of Willie Ploma, being duly sworn, saith: On last Saturday week, the 7th December, instant, I shifted the sheep to a station called “Snow-ball”. Next morning following I shifted them to a place called “Big Ben”. Two or three days after we went to “Big Ben”. Jeremiah Keefe told me that he wouldn’t sleep with the prisoner. I asked him the reason why he wouldn’t sleep with him. He said, he huggled him, and when he shifted from the head of the box down to the foot the prisoner followed him. The night after this I asked Jeremiah Keefe again why he wouldn’t sleep with the prisoner. He said he scrouded him and he would not sleep with him any more. I cautioned the boy that if there was any thing wrong to report it to me. On last Tuesday William Keefe reported to me that

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the prisoner had connection with him. I asked him why he did not mention it before – he said he was ashamed and frightened.
[Signed] Thomas (his X mark) Crane. Witness [Signed] D Smith.

Sworn before us, at Gundagai, this 20th December 1850.
[Signed] Robt P Jenkins, JP. JN Waugh, JP.

    Prisoner declined asking this witness any question.
[Signed] Robt P Jenkins, JP.

8

Samuel Ralph stands charged before the undersigned, two of Her Majesty’s Justices of the Peace in and for the said Colony, this Twentieth day of December in the year of our Lord 1850, for that he the said Samuel Ralph on the or about the Seventh day of December 1850 at a place called “Big Ben” in said Colony, did assault the said prosecutor Jeremiah Keefe with intent to commit the infamous crime of buggery and with and upon the said Jeremiah Keefe unlawfully did commit the said abominable crime, – and the said charge being read to the said Samuel Ralph, and the witnesses for the prosecution Jeremiah Keefe and Charles Crane — being severally examined in his presence, the said Samuel Ralph is now addressed by us, 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 os, but whatever you say will be taken down in writing, and may be given in evidence against you upon your trial;” whereupon the said Samuel Ralph saith as follows:– “I have nothing to say.

9

I know nothing about the matter. I have no witnesses to call.”

Taken before me, the day and year first above mentioned.
[Signed] Robt P Jenkins, JP.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

1851
Goulburn Circuit Court
Gundagai “12”
Regina
v.
Samuel Ralph

~ ~ ~ ~ ~

3 years hard labour in Goulburn Gaol the first 14 days of of each of the first three calendar months in solitary confinement.


The Goulburn Herald and County of Argyle Advertiser, Sat 1 Feb 1851 3

DOMESTIC INTELLIGENCE.

    HIS HONOR THE CHIEF JUSTICE will arrive this day at Mandelson’s Hotel, for the purpose of opening the Circuit Court, on Monday next. The Solicitor-General will prosecute on behalf of the Crown; the learned gentleman will be accompanied by Mrs Manning. Mr Purefoy has already arrived in town, and we understand that Mr Holroyd, Mr Darvell, and Mr Foster, will join him before the opening of the Court. There are three or four civil causes on the list, but we have been unable to ascertain the names of plaintiff’s and defendants. We believe that the slander case (Badgery v. McDonough) will again brought on, and that a squatting case is one of the number for trial.
...
    THE CALENDAR.—The following prisoners now in Jail will be put upon their trial at the ensuing assizes, which commence on Monday morning: Daniel Bell, horse-stealing; William Cooper alias James Johnson, murder; John Hogan, uttering a forgery; William Hatton, ditto; William Morrison, stabbing and assault; Michael Moore, forgery; Howard Pearce, ditto; John Comerford and John Pettigrew, stealing in a dwelling, being armed; Henry Dunn, cattle stealing; Henry Stewart Mac Gregor, alias MacKenzie, alias Jamieson, uttering a forgery; Thomas Welsh, alias Lennon, horse-stealing; Thomas Laffin, larceny; Samuel Ralph, assault with intent to commit an unnatural offence.. We know of only one defendant out on bail.

~ ~ ~ ~ ~

The Sydney Morning Herald, Fri 7 Feb 1851 4

ASSIZE INTELLIGENCE.
————
GOULBURN CIRCUIT.

THIS Circuit was duly opened on Monday, the 3rd instant, before His Honor the Chief Justice, with the usual formalities. JF McArthur, Esq, officiating as Sheriff’s Deputy.
    The proclamation against vice and immorality having been read by Mr Carter, the Judge’s Associate, and the Jury panel called over,

UNNATURAL CRIME.

    Samuel Rolf [sic] was arraigned for an unnatural offence at Gundagai, in the month of December, on Jeremiah Keefe. The prisoner and two brothers of the name of Keefe were in the employ of Mr Stuckey, one of the boys was fourteen years of age, the other ten; they all slept together. The rest of the evidence is unfit for publication. The capital part of the charge was departed from, and the Jury returned a verdict of guilty of an assault.

    In passing sentence on the prisoner, His Honor said he would place the younger of the two brothers before the Court to give his statement, which would be forwarded for the purpose of preventing any mitigation of his (the prisoner’s) sentence. He was then sentenced to be kept to hard labour on the roads or other works of the colony.

~ ~ ~ ~ ~

The Goulburn Herald and County of Argyle Advertiser, Sat 8 Feb 1851 5

GOULBURN CIRCUIT COURT.
MONDAY, FEBRUARY 3, 1851.
Before His Honor the Chief Justice [Alfred Stephen]. 6

UNNATURAL OFFENCE.

    Samuel Ralph, late of Gundagai, labourer, was indicted for having on the 16th December, committed at Big Ben, a nameless offence on one Jeremiah Keefe, a boy of fourteen years of age.

    His Honor ordered the Court to be cleared of all women and children, as the evidence would be unfit for them to hear.

    It appeared that prosecutor, his brother, and prisoner were in Mr Stuckey’s employ, and living on the same station at the time of the commission of the offence. During the recital of the case against the prisoner it came out that improper opportunities had been afforded him for perpetrating the crime. The evidence only went to shew that repeated assaults had been committed with intent to complete the capital offence, and at the conclusion of the case which is too disgusting to report in a newspaper, the Solicitor-General said that as the graver charge had not been established, there would only be a case of assault to go to the Jury.

    His Honor agreed with the learned gentleman, and charged the Jury accordingly.

    The Jury found the prisoner guilty of the assault, and he was sentenced to be imprisoned in Goulburn Gaol for three years, the first fortnight in each of the first three calendar months to be passed in solitary confinement.

    His Honor then directed the prosecutor’s brother to be called; he appeared to be about eighteen months’ younger than the prosecutor. On being interrogated he stated that the prisoner had conducted himself in an improper manner towards him.

    His Honor said he had examined this boy in order to ascertain how the prisoner had conducted himself towards him; as his conduct had been similar to the pursued towards the prosecutor he should recommend his Excellency to withhold the usual mitigation of punishment, so that the prisoner would have the full benefit of the sentence of the Court.


1  SRNSW: NRS880, [9/6367], Supreme Court, Papers and depositions, Goulburn, 1851, No. 12. Emphasis added.

2  Mn: The Queen v. Samuel Ralph Sodomy – Three depositions, statement of the accused and two Recognizances, enclosed

3  The Goulburn Herald and County of Argyle Advertiser, Sat 1 Feb 1851, pp. 4, 5. Emphasis added.

4  The Sydney Morning Herald, Fri 7 Feb 1851, p. 2.

5  The Goulburn Herald and County of Argyle Advertiser, Sat 8 Feb 1851, p. 2.

6  Justice Stephen’s notebooks vols 9 & 10 (between 4 Sep 1850 – 9 Feb 1851) were according to SRNSW’s shelf listing ‘not received’.