Court of Criminal Jurisdiction, Precept, 10 Apr 1823 1
By His Excellency Sir Thomas Brisbane KCB
Captain General and Governor in Chief in and over
His Majesty’s Territory of New South Wales and its
Dependencies
Whereas by an Act passed in the twenty seventh year of his late Majesty’s Reign Entitled “An Act to enable His Majesty to establish a Court of Criminal Jurisdiction on the Eastern Coast of New South Wales and the parts adjacent.” It is Enacted that His Majesty may by His Commission under the Great Seal authorise the persons to be appointed Governor or Lieutenant Governor in the absence of the Governor of this Territory to Convene from time to time as occasion may require a Court of Judicature for the Trial and Punishment of all such Outrages and Misbehaviours [sic] as if Committed within the Realm would be deemed and taken according to the Law of the Realm to be Treason or Misdemeanor thereof, Felony or Misdemeanour, which Court should Concist [sic] of the Judge Advocate to be appointed in and for such place together with six Officers of His Majesty’s Forces by Sea or Land – By virtue of the power and authority vested in me as Governor of the said Territory I, do hereby order, direct and appoint that a Court of Criminal Jurisdiction be convened at the Court room Sydney on Monday the Fourteenth Day of April at Ten O’clock in the forenoon, and that the said Court shall consist
of
The Judge Advocate of the Territory
| Henry Gillman – Captain 3rd Reg – 13 November, 1817 | |
| John Bolingbroke Brooke – Captain 48th Reg – 1st October 1818 | |
| Archibald Innes – Captain 3rd Reg 23 October 1821 | Officers of His |
| Thomas Brotheridge – Lieut 48th Reg – 1 June 1809 | Majesty’s Forces |
| Charles Jowitt Vandermeulen – Lieut 48th Reg – 10 August 1809 | |
| Thomas Evernden – Lieut 3rd Reg – 31 March 1814 |
Which said Court so Constituted and appointed shall and is hereby required duly to proceed to by and adjudge according to and in pursuance of the powers created and given by said Act, all such offenders as shall be respectively brought before the said Court on charges reduced into Writing and exhibited by the said Judge Advocate, In respect whereof this shall be a sufficient Warrant and Authority.
Given under my Hand and Seal at Government House
Parramatta this Tenth Day of April, one Thousand
Eight hundred and twenty three –
[Signed, Governor] T[homas] Brisbane
~ ~ ~ ~ ~
Depositions for James Ruark, 24 Apr 1823 Sydney Trial 2
467
New South Wales, Cumberland
TO WIT }
The examination of James Ruark Prisoner of the Crown taken before me Robert (Lowrey ?) Esquire one ofHis Majesty’s Justices of the Peace for the said Territory this 29 day of March 1823.
He the said James Ruark being charged before me, with feloniously committing the Crime of Buggery on a Sow the property of William Rudgley, in the District of Cooke, denying the charge.
William Rudgley free man being duly sworn Saith, I am brickmaker in the employment of Mr Jonathan Hassall in the District of Cooke, [Bringelly] that yesterday morning about half past nine o’clock, the Prisoner who is my Government Servant, came into my house and said it was not right that men should work on that day, being Good Friday, that he was in danger of being flogged, and I of being fined, when I said very well, I desired him to go to the sty and look at the Sow which I had shut up there, to know if she wanted the Hay not understanding it myself deponent accompanied him and caught the Sow, (Judging ?) she wanted the Hay, I desired him to drive the Sow on the road towards William (Marssons ?), a neighbouring settler, and I would follow him, the Prisoner then went away with the Sow, and after going a little distance, he stopped, and called to me to know which way he should go,
468
I told him to go this straight road and that I would come across the Bush and meet him there. I returned into my house and almost immediately afterwards followed him on the road (fearing ?) the Pig might get away from him, I followed him to the second Creek from my house where I observed the Prisoner on his knees behind the Sow, holding the tail of the Sow with his right hand, and with his knee securing the Sow by the strap which was fastened to her leg, Deponent swears positively I saw the Prisoner in connection with the Sow, I exclaimed to him, you brute, what are you at, the Prisoner then turned his head around and without regarding what I said to him, turned again to the Sow, I swear positively that the Prisoner was connected with the Sow by his Private parts and that he continued in motion for one minute afterwards with the Animal, I made towards him crying out he was a scandalous fellow when he let go the Sow and buttoned up his breeches, I positively swear to the best of my belief that the Prisoner was satisfied with the Animal. I told him I was a poor man and could not afford to loose my Sow, or I would prosecute him to the utmost extend of the law, the Prisoner did not reply a word, the Sow was then drove on to (Marssons ?) to the Hay which she refused to take, Deponent sent the Prisoner this morning to fetch the Sow home and when he returned I sent for a Constable and gave him in charge, Deponent afterwards shot the Sow in the (?) and burned it.
Signed William Rudgley
469
John Williams being duly sworn Saith, I took the Prisoner James Ruark in charge at Rudgley’s farm this morning. Deponent saw Rudgley shoot the Sow, he had before told me what the Prisoner was charged with. Deponent states that while on the way to the Magistrate I asked the Prisoner, if he had nothing to say for himself, or if he could not make some excuse, when he replied it will be of no use, I shall be found guilty.
Signed John Williams
The Prisoner in his defence denies the charge, and states, that upon leaving the house the Pig was tied by the leg with a strap, and that it got loose, and when his Master (surprised ?) him by the Creek, he was tying the strap again.
The Prisoner fully committed for Trial for feloniously committing the Crime of Buggery on a Sow the Property of William Rudgley.
A true copy from the record at Bringelly
[Signed] Robert (Lowrey ?) JP
~ ~ ~ ~ ~
[On the reverse of the above (467-9) is the following]
[470]
36
The King against James Ruarke
for Bestiality
To be exhibited
[Signed] John Wylde [Judge Advocate]
471
New South Wales
TO WIT }
Be it Remembered that John Wylde Esquire the Judge Advocate of our Sovereign Lord the King for the Territory of New South Wales and its dependencies who for our said Lord the King exhibits the charge in the behalf comes into the Court of Criminal Jurisdiction convened at Sydney in the said Territory by precept [see above] under the Hand and Seal of his Excellency Sir Thomas Brisbane KCB dated the tenth day of April in the year of our Lord one thousand eight hundred and twenty three and having power to inquire of and to hear and determine and punish all Treasons Murders Felonies Trespasses and other crimes whatsoever committed within the said Territory or its dependencies and for our said Lord the King Charges and gives the said Court to be informed That James Ruark late of Bringelly in the Territory of New South Wales Laborer on the twenty eight day of March in the year of our Lord one thousand eight hundred and twenty three with force and Armsat Bringelly aforesaid in the Territory aforesaid
472
in a certain Field there with a certain Sow then and there being feloniously wickedly diabolically and against the order of nature had a venereal affair and then and there feloniously wickedly diabolically and against the order of nature carnally knew the said Sow and then and there feloniously wickedly diabolically and against the order of nature with the said Sow did commit and perpetrate that detestable and abominable crime called Buggery (not to be named among Christians) against the form of the Statute in that case made and provided and against the peace of our Lord the King his Crown and Dignity.
~ ~ ~ ~ ~
[On the reverse of the above (471-2) is the following]
[473]
36
The King against James Ruarke
Information
Witnesses: William Rudgly, John Williams
24 April 1823 Prisoner charged plea Not Guilty was tried and Acquitted
474
New South Wales
TO WIT }
Be it Remembered that John Wylde Esquire the Judge Advocate of our Sovereign Lord the King for the Territory of New South Wales and its dependencies who for our said Lord the King exhibits the charge in the behalf comes into the Court of Criminal Jurisdiction convened at Sydney in the said Territory by precept [see above] under the Hand and Seal of his Excellency Sir Thomas Brisbane KCB dated the tenth day of April in the year of our Lord one thousand eight hundred and twenty three and having power to inquire of and to hear and determine and punish all Treasons Murders Felonies Trespasses and other crimes whatsoever committed within the said Territory or its dependencies and for our said Lord the King Charges and gives the said Courtto be informed That James Ruark late of Bringelly in the Territory of New South Wales Laborer on the twenty eighth day of March in the year of our Lord one thousand eight hundred and twenty three with force and Arms
475
at Bringelly aforesaid in the Territory aforesaid in a certain Field there in and upon Sow then and there wickedly diabolically and against the order had a venereal affair with the said Sow with an intend that horrible detestable and abominable crime (among Christians not to be named) called buggery then and there feloniously wickedly and devilishly to commit and do to the great displeasure of Almighty God and against the peace ofour Lord the King his Crown and Dignity.
[On the reverse of the above (474-5) is the following]
[476]
36
The King against James Ruarke
Information
Witnesses: William Rudgley, John Williams
24 April 1823 Prisoner charged plea Not Guilty was tried and adjudged Guilty
Sentenced. To receive 50 lashes on the bare back 50 lashes on the hand breach
And
To be Transported to such place be for the term of Seven years
~ ~ ~ ~ ~
The Sydney Gazette and New South Wales Advertiser, Sun 31 Jul 1808 3
CRIMINAL COURT
Thursday.– James Rourke was found Guilty of an attempt an abominable offence – 7 years transportation; previous to which, he is publicly to receive two corporal punishments.
1 SRNSW: NRS2701, [SZ808], Court of Criminal Jurisdiction, Precepts, 1816-1824, R1984.
2 SRNSW: NRS2703, [SZ801], Court of Criminal Jurisdiction, Informations, depositions and related papers, 1823, pp. 467-75.
3 T he Sydney Gazette and New South Wales Advertiser, Thu 1 May 1823, p. 2.