Depositions for Daniel Gilmore 22 Feb 1812 Sydney  ¹ 

1

A Bench of Magistrates
Saturday 22nd day of February 1812

Present

The Judge Advocate
D’Arcy Wentworth Esq
Simeon Lord Esq

    Daniel Gilmore (a free man) charged with attempting to have carnal knowledge of a Bitch, at Sydney, on the 8th day of February in the year of our Lord 1812.

    The said Daniel Gilmore, being brought to the bar, and the charge being duly read to him, says that he is Not Guilty of the said offence above laid to his charge.

    William Nicholin sworn says: I am a private in the 73rd Regiment–. Between two and three o’clock in the afternoon of last Saturday week [15 Feb], I was going along at the other side of Cockle Bay by Mr [Garnham] Blaxcell’s salt pans, I saw a dog lying on a flat rock – he began

2

to bark at me. As I advanced, the dog sheered off, but continued barking. I went to the rock where the dog was on, and looking over the rock, I saw a man’s hat – going on further I saw a man on his knees, holding a bitch with his two arms round her middle, the hind part fo the bitch towards his belly. I spoke to him immediately; he got off his knees & fell down on his back-side. I asked him if there was no woman in the Country. The man thruw [sic] up his hands & said “Worse, and Worse and bad enough”. When he fell down on his back side he let go the bitch, which went away for a few yards. The front lap of his breeches was down. I saw his yard out of his breeches – it was in a state of erection. I sung out for assistance – he ran off clothes & all in to the water clothes & all. The bitch followed him. I went towards the Salt Pans, to get a boat to attack him in the water. Before I could get there he returned back again . As I was going to lay hold of him then more men came up. I went down towards him & desired him to come up. He came up. I then brought him to the Judge Advocates Office &

3

gave him in charge to a constable. He was on the same day taken before the Superintendent of Police & committed by him to Gaol. While I was bringing him along the man did not say a word, nor make any resistance. The Prisoner at the Bar is the man.

    Stephen Peachman sworn says: I am a private the 73rd [Regiment]. On Saturday week last I was sawing down at Mr Blaxcell’s Salt Pans. I heard a man call. I stopped my work to hear what he said. I heard him say there was man having concerns with a bitch. With that I went over to them. I saw a man swimming in the water – when I went to the place he was just returned out of the water again. Nicholan told him what he had been doing. He did not say a word. The Prisoner at the bar was the man. I saw the bitch. The bitch was at heat, & shown very plain.

    William Thorn sworn says: I am a Constable. I was

4

present at Mr Wentworth Office, when the prisoner was examined there. A Bitch followed him. She was at heat for other dogs were following her. The prisoner said he did not know any thing of the bitch. Mr Wentworth ordered all the people from the office. The bitch still lay at the man’s feet, & a dog along side her. When the man left the office the bitch followed him. She followed him to the gaol & remained at the Gaol door till after dark. She was turned out of the Gaol but came backwards & forwards till after dark.

The prisoner in his defence says that he is innocent, that he never saw the Soldier Nicholan that day until he came out of water; that he was very drunk that day – that the dog & the bitch are in the habits of following him; that he has known Nicholan twelve years; that he makes this charge out of a spite to him.

    The prisoner does not call any Witnesses.

    The Court after mature deliberation

5

do adjudge that the said Daniel Gilmore is Guilty of the Offence wherewith he stands charged – and do further adjudge that for the said offence he the said Daniel Gilmore shall receive one Hundred Lashes on his bare back on Monday next – that he shall further be exposed in the Pillory in the Publick [sic] Market Place on Saturday next between the hours of Seven and Twelve in the Forenoon, for the space of one Hour; and further that he shall be sent to hard Labour to such part of the Territory as his Excellency the Governor shall direct for theSpace of Three Years.

~~~~~ 

John Thomas Campbell Governor Macquarie's Secretary letter to Lieut Thomas Skottowe, Commandant at Newcastle, 14 Mar 1812 ² 

Secretary’s Office Sydney
16th March 1812

Sir
    The Estramina not having Sailed owing to contrary winds enables me now to inform you that another prisoner is now Embarked for Newcastle, His name is John Pierce, as per Accompanying Certificate of his sentence, &c referring to mine of the 14th inst.

    I have the honor to be
        Sir
    Your obedient Humble Servant
"Signed" JT Campbell

 

List of Prisoners to be Sent to Newcastle, 14 Mar 1812

Lieut Thomas Skottowe, Commandant Newcastle, Punishment list to Governor Macquarie, 30 Sep 1813  ³  

189

Thomas Thompson
Commandant at Newcastle
Newcastle 24th June 1815

John Thomas Campbell, Governor Macquarie’s Secretary, Sydney

Sir,
    On the 21st Inst I was favored with your letter, per the Lady Nelson, and immediately augmented the Gang with necessary orders to overseer of Lime Burners, respecting the quality of the Lime. Also instructions to expedite a Kiln. The Brig is now laden with coals and cedar logs, as large as she normally carries; with respect to the size of the Cedar Logs, sent from hence it is entirely owing to the Masters of the Government Colonial vessels who will not take larger timber, it has been frequently sent on there particularly by the Master of the Estramina to whom I beg leave to refer to His Excellency also to Mr Watson. There is now a great number of large cedar logs on the Beach which I cannot get away.

189a

Enclosed you have a list of prisoners received, a Bill of Lading with a demand for Provisions and Stores. The Steel Mills are much wanted. I am compel’d to again to remark the necessity of sending an Invoice with the stores shipp’d for the use of the Settlement. I have received none since the 20th of April. Francis Jones the present wheelwright under salary is a man of years inadequate to the Labor of this Settlement, their proceeds by this conveyence Daniel Gilmore time expired.

I have the honor to be
    Sir
Your obdt Servant
[Signed] T Thompson
Commandant

 

---

¹  SRNSW: NRS3397, [SZ773], Minutes of Proceedings of the Bench of Magistrates, 1811–1813, COD234. Emphasis added.

²  SRNSW: NRS936, [4/3492], Col Sec, Letters sent, 6 Jan 1810-16 Dec 1813, pp. 112-3, R6003. Emphasis added.

³  SRNSW: NRS898, [4/1718], Col Sec, Monthly returns of punishment Newcastle, Dec 1810–Oct 1825, p. 31, R6023. Emphasis added.

⁴  SRNSW: NRS897, [4/1805], Col Sec, Letters received, 1813–15, Newcastle, p. 189-89a, R6066. Emphasis added.

---