Depositions for Richard Bayly, Thomas Brown and Michael Simpson c, late Jan 1812 1
Present
The Judge Advocate [Ellis Bent]
A[lexander] Riley Esquire
S[imeon] Lord Esquire
…
1
Richard Bayly [aka Bailey], (?) (a Prisoner) Thomas Brown, (a Prisoner) and Michael Simpson (a free man) charged on the oaths of George Jubb, John Starton, and John Anson, with attempting to commit an unnatural crime one with the other, and with brutal, & grossly indecent conduct in violation of good morals & to the disgrace of Society –
The deposition of George Jubb, sworn & taken before D’Arcy Wentworth Esquire, Magistrate on the 23rd January instant is now read in the presence of the prisoners – And again sworn to by the said George Jubb.
2
The deposition of John Starton, taken and sworn before D’Arcy Wentworth Esquire, on the 23rd day ofJanuary Inst is read in the presence of the said Prisoners and again sworn to by the said John Starton.
The Examination of John Anson taken & sworn before D’Arcy Wentworth Esquire, Magistrate on the day of[blank space] Inst. Is read in the presence of the said Prisoners and again sworn to.
The Prisoners all state they were intoxicated and deny the charge.
Thomas Clarkson {tip Thomas Clarkson most like came per Alexander 1806.} 2 {tip} sworn says: I live in Hunter Street, on Tuesday last [Michael] Simpson came to myhouse about 5 o’clock in the morning – he stopped an hour & got very drunk – I got him taken away. He came again about 4 in the afternoon. He stopped until about 10 o’clock at night.
The Court having
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maturely deliberated and considered the evidence produced in support of the charge, and also the allegations & defences of the Prisoners and the evidence produced by them, adjudged that they the said Richard Bayly, Thomas Brown, and Michael Simpson, are guilty of the above charge – and further adjudged that they the said prisoners be severally exposed in the pillory in the Public Market Place on Saturday next between the hours of Seven o’clock & Twelve in the forenoon the space of one hour each: that the said Richard Bayly and Thomas Brown be also publichly [sic] whipped by receiving Fifty lashes each on their backs: and that they & the said Michael Simpson be sent to hard Labour in the different parts of the Territory for the Space of Three Years
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The Sydney Gazette and New South Wales Advertiser, Sat 8 Feb 1812 {tip The Sydney Gazette and New South Wales Advertiser, Sat 8 Feb 1812, p. 2} 3
SYDNEY.
Sitting Magistrate for the ensuing Week – A[lexander] Riley, [see details * below] Esq.
…
Michael Simpson, Thomas Brown, and William Bailey, the two later of whom were prisoners, were this morning exposed on the pillory in the public market place for an offence of an abominable description, for which Brown and Bailey were also sentenced to be corporally punished with 50 lashes each, and the three to be afterwards sent to different settlements for three years, there to be kept at hard labour. At 9 they were placed on the scaffold, and at 10 were taken down, during which exposure the indignation of the populace was such as frequently to require the interference of the Police for the prevention of stones and other hard substances being thrown at the criminals, whose very sufferings were held in derision as they were themselves the objects of universal derestation [sic] and contempt.
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Government and General Orders, 7 Apr 1812 4
Government House, Sydney
Saturday, 7th April 1810
…
His Excellency the Governor has been Pleased to appoint * Alexander Riley, Esq a Justice of the Peace andMagistrate for the Town and District of Sydney in the room of Robert Campbell, Esq. Resigned. –
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By Command of His Excellency
“Signed.”
J[ohn] T[homas] Campbell, Secretary
1 SRNSW: NRS3397, [SZ773], Minutes of the Proceedings of the Bench of Magistrates, 29 Jun 1811–6 Mar 1813, R658, COD234. Emphasis added.
2 Thomas Clarkson most likely came per Alexander 1806.
3 The Sydney Gazette and New South Wales Advertiser, Sat 8 Feb 1812, p. 2.
4 SRNSW: NRS1046, [SZ758], Col Sec, Proclamations, Government and General Orders and Related Records, 1810–19, p. 34, R6038.