1864, George White

Queanbeyan Age and General Advertiser, Thu 5 Nov 1863 ¹

IMPOUNDINGS.

...
AN ABOMINABLE CRIME.—George White was charged by Captain Battye, with having at Long Swamp on the 25th inst feloniously and against the order of nature committed an abominable crime upon the person of Sarah Brown, a girl under the age of twelve years. Mr Fell appeared for the prisoner. The crime was of such a brutal and disgusting nature that it was conducted with closed doors. After a hearing of about and [sic] hour and a half, the prisoner was committed to take his trial for the crime for which he was charged at the next Circuit Court to be held in Goulburn.—Braidwood Dispatch.

~~~~~

Depositions for George White 28 Apr 1864 Goulburn trial ²

Police Office,
Queanbeyan, 26 October 1863

Braidwood Bench Magistrates

Gentlemen,
The individual named in the margin (George White) having been brought before me, charged with the crime of buggery committed with a female child under or about 8 years of age. I have taken the depositions of the apprehending Constable which I beg to transmit herewith and have remanded the accused to Braidwood further to answer before you, the witnesses forthcoming appearing to be resident in your district. I have the honour to be, Gentlemen, your most obedient servant.
[Signature illegible] JP.

~ ~ ~ ~ ~

J Larmer, JP, Police Office,
Braidwood, 14 December 1863

James Martin QC, Attorney General, Sydney

Sir,
We do ourselves the honour to transmit under separate cover the depositions taken at this office in the case of the prisoner named in the margin (George White:) who has been committed to take his trial at the next Circuit Court to be holden at Goulburn on a charge of committing the abominable crime of buggery on the person of a child aged 9 years.

We have the honour to be,
Sir,
your most obedient servants.
[Signed] J Larmer, JP, for the Bench.

~ ~ ~ ~ ~

Francis Duffy,
Braidwood, 14 April 1864

John McLerie, Police Inspector General, Sydney

In the absence of Superintendent Orridge, Senior Sergeant Duffy reports that a man named Dennis O'Brien is a witness of the Crown bound over to appear at Goulburn Assizes on Monday the 15th instant in a case against one John Taylor for committing an unnatural offence with a mare.

The said Dennis O'Brien is now in custody charged with cattle stealing and is remanded till

Thursday next the 21st instant when as there is a clear case against him he will in all probability be committed for trial at the next quarter sessions to be holden at Braidwood.

As he is a most material witness against Taylor Senior Sergeant Duffy trusts that the Superintendent General of Police will be good enough to procure a writ of Habeas corpus ad Testificandum as there will not be time to apply for one after Thursday next in consequence of its being necessary to remove him from Braidwood en route to Goulburn on Saturday the 23rd.

[Signed] Francis Duffy, Senior Sergeant.

This Deponent, Robert Latimer on oath saith as follows:– I am a Sergeant of Police stationed at Queanbeyan. I arrested accused on yesterday evening at Frederick Cole's at the Burra; he was coming from the sheep folds with Cole and his wife and 2 shepherds; I arrested him. I said to him "You know what you are charged with?" He said "yes". I then told him he was charged with committing a rape on the person of Sarah Ann Brown. He said nothing then. I then brought him to Cole's Queanbeyan and placed him in the lock up. Late at night 11 o'clock on the way to Queanbeyan he asked me if there was hanging for this affair. I asked him what he meant. He said "will they hang me for it?" I said "I thought not", he said "I could not avoid myself the like never happened to me before". This morning I asked him if he knew the particular charge he was accused of. He said he did. I told him it was sodomy he was charged with. He said "I thought I had connection with the child's private parts". Nothing more passed. The offence is stated to have been committed at Long Swamp in the Braidwood district all the witnesses

in this case live in the district of Braidwood. I pray the accused may be remanded to the Bench of Magistrates at Braidwood. I saw Charles I believe Sarah Ann Brown to be no more than 8 years of age. She is living at Mr Charles Scott's place at Long Swamp. Charles Scott was here yesterday. He came from Braidwood and accused prisoner. I understand Sarah Ann Brown is living at Mr Scott's the accused admitted his name to be George White and said he had been living a Long Swamp a considerable time. A Constable from Braidwood came here in yesterday in pursuit of accused.
[Signed] Robert Latimer.

Sworn before me at Queanbeyan this 26th August 1863.
[Signature illegible] JP.

The accused is remanded to the for further to answer hearing to the Bench of Braidwood district in which district the offence is alleged to have been committed.
[Signed] Ralph Clemenger JP.

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Depositions of Witnesses.

New South Wales,
to wit, }

The examination of Robert Latimer of Queanbeyan in the Colony of New South Wales, Sergeant of Police Taken on oath this 26th day of October in the Year of our Lord one thousand eight hundred and sixty three, at Queanbeyan 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 White who is charged this day before me for that he the said George White on the 24th day of October 1863 at Long Swamp, in the said Colony, in and upon the person of and with Sarah Ann Brown a child under the age of about 8 years feloniously and against the order of nature did commit the abominable crime of buggery

~ ~ ~ ~ ~

Warrant to Convey the Accused Before A Justice of the Colony, &C., Which the Offence Was Committed.

To Robert Latimer a Sergeant of Police, and all other peace officers in the Colony of New South Wales. Whereas George White of Long Swamp, in the said Colony, hath this day been charged before the undersigned, one of Her Majesty's Justices of the Peace in and for the said Colony of New South Wales for that he the said George White on the 24th day of October 1863 at Long Swamp aforesaid in and upon the person of and with Sarah Ann Brown a child under the age of about 8 years feloniously and against the order of nature did commit the abominable crime of buggery and whereas I have taken the deposition of Robert Latimer a witness examined by me in this behalf; but inasmuch as I am informed that the principle witnesses to prove the said offence against the said George White reside in the district of Braidwood in the said Colony of New South Wales where the said offence is alleged to have been committed: These are therefore to command you that the said Sergeant, in Her Majesty's name, forthwith to take and convey the said George White to Braidwood in the said Colony, and carry him before some Justice or Justices of the Peace in and near unto the place where the offence is alleged to have been committed, to answer further the said charge before him and to be further dealt with according to law; and I hereby further command you the said Sergeant of delivery to the said Justice or Justices the information in this behalf, and also the said deposition of Robert Latimer now given into your possession for that purpose, together with this precept. Given under my hand and seal, this 26th day of October in the Year of our Lord one thousand eight hundred and sixty three at Queanbeyan in the Colony aforesaid.
[Signature illegible] JP.

Depositions of Witnesses.

New South Wales,
to wit, }

The Examination of Walter E Lenthall of Braidwood in the Colony of New South Wales, Senior Constable, Miriam Scott, Fred Beer, Sarah Ann Brown, Mary Ann Woods, William Brown and Charles Scott of Long Swamp in the said Colony, taken on oath this 29th day of October in the Year of our Lord one thousand eight hundred and sixty three at Braidwood 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 White who is charged this day before me for that he the said George White on the 24th day of Octoberat Long Swampin the said Colony, did unlawfully know and abuse a girl named Sarah Ann Brown she being under the age of 10 years.

This deponent Walter E Lenthall being duly sworn saith as follows:B I am a Senior Constable of Police stationed at Braidwood. I know the prisoner. I received him from Sergeant Latimer of the Police Force. I produce a warrant wherein he is charged with the abominable crime of buggery, on a child about 8 years of age, named Sarah Ann Brown.
[Signed] WE Lenthall.

This Deponent Sarah Ann Brown being duly sworn saith as follows:B My father's name is William Brown living at Bungendore. On last Saturday I was stopping with my aunt Mrs Scott. She resides at the Swamp (it is about 2 or 3 miles from Braidwood). I know the prisoner George White I saw him on last Saturday morning. I saw him first in the kitchen. It was pretty early. I do not know the time. I was going out for some

bark by the back door of the kitchen. George got hold of me and put his arms around my waist he then lifted up my clothes and took me round to the corner of the house he unbuttoned his trousers and lay down on the top of me. I was on the ground. I saw his private parts he put it into me. I told him to stop he holded me. I cried and a servant girl came to me. I am sure he put his private parts into me. When I screamed he let me go. He jumped off me and said "If you tell your aunt God bless you". He then picked up a bucket and went towards the milking yard.

The servant girl came to me and took me inside. I am sure I felt him put his long thing into me. When he was on the top of me; he hurt me very much, I cried. He put his private parts into both places he put it into where I make water first and after into my bottom. He was with me a short time, about 2 or 3 minutes, I met

my aunt. She was coming towards me. I told her. I also told my grandmother what the prisoner had done to me. The prisoner holded me and made me lie down. I saw the prisoner running in a horse after it happened. I saw my uncle going away on horseback. And immediately after he left; George run the horse in. I saw him riding a horse called Old Whitefoot the horse belonged to my uncle. I am quite sure that the prisoner put his private parts into both places because he hurt me very much.

I have been to a Sunday School when I was at home at Bungendore. I have known the prisoner for 2 months he has been working at uncle's place and stopped there.

The prisoner went away when he run the horse in. I did not see him again till today in this room.

Cross examined by Mr Fell for the prisoner: When he took up my clothes in the house I said "let me go". I screamed out when he first put me down on the ground. He said nothing to me

When I was down. He put me down on my back. He had me in that position both times. He only done that with me once before the time I am alluding to he did not hurt me the first time.

I told my aunt of it. This was about a week before last Saturday. He only done it twice to me the first time he did not hurt me as I jumped up quick and his private part did not go in so far as the last time.

I kept away from him after that until I was going out of the kitchen last Saturday he then ran and caught me. No person has ever done anything of the sort to me but the prisoner.

The first time George done it to me was by the dresser.
[Signed] Mary Ann (her X mark) Brown.

The deponent Frederick Beer being duly sworn saith as follows.
I am a Doctor of Medicine, Surgery and the (Ant ?) of Midwifery.

I reside at Braidwood. I was called upon to accompany the police on Saturday last to

Mr Scott at Long Swamp to see the last witness. She was brought into a room. I examined her and found suggilation [bruising] around the os. [bone] (reck ?) And it was very much bruised. I found 3 fresh ruptures of the skin at the entrance into the bowels. It was between 12 and 1 o'clock on last Saturday when I examined her. There was some blood extravasated [passing of body fluid out of its proper place] around the opening of the bowels.

The entrance of the bowels was very tender, and very much congested it was also very painful to touch.

I made an injection of very clear cold water into the bowels which was soon returned. I put it into a bottle and sealed it with my seal (I produce the bottle) I conclude that the matter in the bottle is the semen. I examined the private parts of the last witness and did not find any injury there it was not inflamed it was rather rigid the hymen was not injured. I am satisfied that a human penis has never entered the child's private parts.

I have examined her this morning the swelling is gone and the inflamation is also gone. You can still see

the ruptures. I do not think that the injuries she has received endangered her life. I examined a shirt belonging to the prisoner there was some stuff of a yellow greenish colour on it. I cannot say what it was. I have not examined the prisoner.

The injuries received by the child (Sarah Ann Brown) are just what I would expect to be inflicted or occasioned by the entrance of a man's private parts.

When I saw the girl she was stiff but able to walk about. She complained of being sore and the pain was very acute upon touch and so much inflamed that I had to use a goose-quill, I could not use the female syringe.

Cross examined by Mr Fell for the prisoner: The injuries sustained by the child could be done in other ways as well as with a penis. I cannot say how far a penis would have penetrated. Supposing it to have been done by one it is not usual to find rigidity in females of her age it might be done by a blow or much handling of the private parts. The rigidity of the private parts could not be occasioned by the ruptures of the rectum I am certain that there

was no entrance into the vagina.

The fissures I speak of could not be done by a fall on a stone the girl Sarah A Brown told me that how she got the hurt on that morning. The muscles of the rectum was neither paralysed nor ruptured.
[Signed] Frederick Beer, MD, CD, OD.

This deponent Marian Scott being duly sworn saith as follows:B I am the wife of Charles Scott residing at Long Swamp.
I know Sarah Ann Brown she is my niece. She was residing with me on last Saturday. She has been living with me between 5 or 6 months. I know the prisoner George White he has been in my husband's employ. He was there on Saturday last.
On Saturday morning between 5 and 6 o'clock I heard Sarah Ann Brown crying. I directed the servant to go and see what was the matter with Sarah Ann Scott.

I was not up at the time.

I afterwards went out myself

and met the little girl she was crying. I brought her into the sitting room. She mentioned the prisoner's name to me, in what she told me I examined her and found that she had been injured. There was no person present when she told me what happened.

I went to the stable to my husband and told him what had happened. I did not see the prisoner that morning. My husband went to Braidwood.

By Mr Fell for the prisoner: Sarah Ann Brown never made any complaint of the prisoner before to me. She never told me that he had taken any liberties.

She has told me since this has happened that the prisoner had taken liberties a week before that day with her.
[Signed] Marian Scott.

This deponent Mary Ann Woods being sworn saith as follows.
I am in the employ of Mrs Charles Scott of Long Swamp.

I know Sarah Ann Brown. She was at Mrs Scott's on Saturday last. On that morning Mrs Scott told me to go and see what Sarah Ann was crying about. This was between 5 and 6 o'clock am.

I called the girl 2 or 3 times she made me no answer. I saw the prisoner coming away from the direction where Mary Ann was when I went to the girl the second time. She would not come. I told Mrs Scott she came out. I saw the prisoner going towards the stockyard. I saw him running in some horses. I have not seen him from that time until now. The well is about 12 yards from the kitchen.

The prisoner was about 10 yards from Sarah Ann Brown he was going away from her when

I saw him first. When I saw her she was crying and was very black in the face and the white froth on her mouth. She would not speak to me.

By Mr Fell for the prisoner: Sarah Ann was at the back of the kitchen and about 10 yards from the door standing still and crying when I saw her first. I called her, she made no answer. She never told me anything about the prisoner.
[Signed] Mary Ann (her X mark) Woods.

This deponent William Brown being duly sworn maketh oath and saith as follows:– I am a shoemaker residing at Bungendore. I know the girl Sarah Ann Brown. She is my daughter. She was 9 years old the 2st of last July. I know Mrs Charles Scott, she is my sister. Sarah Ann Brown has been living there for 7 or 8 months. In consequence of what I heard on last Sunday I came with my wife

to the Long Swamp it was about a child I've came to Long Swamp. I have known the prisoner for about 5 years. My daughter was born at Bungendore. My wife's name is Ellen.
[Signed] William Brown.

This deponent Charles Scott being duly sworn saith as follows.

I am a farmer and grazier residing at Long Swamp.

I know the prisoner before the court. On Saturday last my wife told me something with reference to the prisoner. I then got a horse and went in to Braidwood. I saw the prisoner that morning at the stock yard before I left. I got back from Braidwood in company with Dr Beer and Constable Gulan about half past 11 o'clock on that day. The prisoner was gone. I did not see him since until today he was in my employ he had no authority

to leave the place or absent himself therefrom.
[Signed] Charles Scott.

The above deposition of Walter E Lenthall, Sarah Ann Brown, Frederick Beer, Miriam Scott, Mary Ann Woods, William Brown and Charles Scott.
Taken and sworn before me this twenty ninth day of October 1863 at the Courthouse, Braidwood.
[Signed] JW Bunn, JP.

Statement of the Accused.

New South Wales,
TO WIT, }

George White stands charged before the undersigned, one of Her Majesty's Justices of the Peace in and for the Colony aforesaid, this 29th day of October in the Year of our Lord one thousand eight hundred and sixty three for that he the said George White on the 24th day of October instant at Long Swamp in the said Colony, unlawfully and carnally know and abuse a girl named Sarah Ann Brown she being under the age of 10 years to wit 8 9 years and the examination of all the witnesses on the part of the prosecution having been completed, and the depositions taken against the accused having been read or caused to be read to him by the said John W Bunn Esquire before whom such examination has been so completed, and the said John W Bunn 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 White and the witnesses for the prosecution Robert Latimer, Walter E Lenthall, Miriam Scott, Frederick Beer, Mary Ann Woods, Sarah Ann Brown, William Brown and Charles Scott being severally examined in his presence, the said George White 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 White saith as follows: "I reserve my defence."
Taken this 29th October 1863 at Braidwood.
[Signed] JW Bunn, JP.

The prisoner George White stands committed to the common gaol at Goulburn until the next Circuit Court to be holden at Goulburn when an indictment will be preferred against him for the offence of which he now stands charged.
Courthouse Braidwood, 29th October 1863.
[Signed] J Larmer, JP.

~ ~ ~ ~ ~

[The depositions' cover sheet contains the following]

1863
5850 No. 17
Depositions.
Regina v. George White
Unnatural crime
Next Goulburn Circuit Court
(?) (after ?) 1 March 1864
1. Sodomy
Braidwood
(?) 1/3/64

~ ~ ~ ~ ~

Justice SF Milford's Notebook ³

[Goulburn] Thursday April 28 1864

George White
On 24 October at Bungendore, sodomy on Sarah Ann Brown.
Plea not guilty

Robert Latimer Serjeant arrested on 25 October at Burra. I charged him with rape. I went along with him towards Queanbeyan & he asked if there was any hanging. I asked what he meant. He asked me if he would be hung. I said I thought not. I had converse with him in the lock up. I held out no threat or promise. He said he thought he had connexion with the girl's privates.

Sarah Ann Brown Father's name William Brown. He lives in the bush near Bungendore.

Mrs Scott my aunt she lives at the Swamp. I was living at my aunt's in October. Prisoner was working about the place. Early in the morning I got up & went out to get some wood. I came in & then went to get some bark. He went after me & took me to the well near the house. He laid me down & got top of me. He unbuttoned his trousers & got on top with me. He touched me with his private parts. I saw them. He put them into me in front. I was lying on my back. He put his private parts into my bottom. He hurt me.

He was lying on me 4 or 5 minutes. I called out & Mary Jones came. She took me inside to my aunt. Before MJ [Mary Jones] came out he got up & went down the yard. I was crying when Mary Jones came out. When he got up he said God bless you. He said nothing about my aunt or about filling my body. His private parts were in me. The doctor saw me at dinner time the day after. No other person had touched me where the prisoner did after he did so

nor did any person before. The prisoner went down the yard to catch his horse. He then went away on his horse I believe. The Dr saw me the next & not the same day.

Robert Frederick Beer Physician & Surgeon. (Duly ?) (r M p ?) [registered medical practitioner ?] I went to Scott at Long Swamp & saw the little girl. I went there on the 21st of October. I made an examination. I saw her perineum swelled & the rectum was swelled & very painful to the touch. The tissues all about were blue like bruises & as far in as I could see to the internal muscle. The internal 2 inch from the external muscle. I saw blood on her person on the thighs & on her shirt. There were 3 cracks in the

orifice of the anus but only the skin was cracked. She appeared to be in much pain. I could not introduce my finger on that account. I examined her private parts but found no injury there. The introduction of the private parts of a man might have caused the injury with considerable violence. There were 2 elderly ladies present. After examination I made an injection of cold water. I had no instruments. I used a goose quill I had. I obtained from (this ?) (part ?) 2 motions simply water mixed with what some other matter like sperm. I conclude that what came back with the water was semen & I say that

with confidence. It had a (peachy ?) congealed appearance but if only mucus it would have dissolved in the water. I produce what came from her.

Sarah Ann Brown I had not been to the closet after the prisoner ill treated me (or ? & ?) when Doctor came.

Dr Beer examined. I have a clear recollection of the injuries as they thus appeared I think about a week between the 2 examinations. The matter in the bottle does not shew the presence of semen for it has been kept in alcohol.

Mary Ann Woods I was in employ of Mrs Scott at Long Swamp in October. On Saturday I was told by Mrs Scott to go & see what was the matter with the child. I went to

outside the kitchen. The child was crying outside between 5 & 6 in the morning. She looked very dark in the face. I called her twice & she did not answer. She did not complain. I saw the prisoner he was 10 yards from the child walking away. There is a well 20 yards from the kitchen door. The girl was at the other side of the well. I did not see the prisoner do any thing. He went towards the stock yard. I saw him running after a horse an hour after. I was there when Dr Beer came. It was the same day about 12 o'clock. There were 2 or 3 people. Mrs Scott & I her uncle was

there. I remember an enquiry before the (magistrate ?) on the following Wednesday it was at Braidwood. Dr Beer was (not ?) there any other time.

Miriam Scott Wife of Charles Scott, live at Long Swamp. I know the child she is my niece, was with me in October. The prisoner was servant there. On Saturday morning 24 October I heard the child crying. It was between 5 & 6. Not crying very loud. She was outside the house. I was not up. I said something to Mary Woods, she went out & returned. She went out a 2nd time & saw the little girl. Would not come in. I went out. She was very pale & dark round the eyes. She was not crying.

She did not tell me what was the matter. I then took her into the room & she told me something about the prisoner. I examined the child & found her injured. There were bruises & a little blood. I was present when the Dr examined the child. The marks were in the same place. The Dr examined the child the same day before dinner. We dine at 2. My husband was at home. He was not present when the examination took place.

Charles Scott Uncle to the child. She was with me on October on 24th. My wife told me something. I went to the police & to Dr Beer. I went from my place about 9 o'clock. I rode &

tolerably fast. I returned with Dr Beer about 11 or 12 o'clock. The prisoner had been in my employ 4 or 5 months. He was there when I left. I saw him next after he was apprehended.

William Brown I am the father of the child. She is 9 years old. She can read a very little. She goes to church once a month. I have known the prisoner 5 or 6 years.

He had money & would not employ counsel.

Verdict Guilty
Sentence Death

~ ~ ~ ~ ~

The Sydney Morning Herald, Fri 29 Apr 1864 ⁴

TELEGRAPHIC DESPATCHES
(FROM OUR CORRESPONDENT.)
GOULBURN.

Thursday, 6 pm

At the Criminal Assizes to-day George White, for an offence against nature, was sentence to death.

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The Goulburn Herald and Chronicle, Sat 30 Apr 1864 ⁵

LOCAL AND PROVINCIAL
GOULBURN ASSIZES

...

THURSDAY – APRIL 28.

The court re-opened at ten o'clock this morning.

RAPE NEAR BUNGENDORE

George White was charged with having, in the district of Bungendore, on the 24th October last, committed an offence against nature, and also a rape on a person of Sarah Ann Brown.

The prisoner pleaded not guilty, and was undefended, the court declining to assign counsel, as it appeared that he had means of his own sufficient to provide for his defence.

Sarah Ann Brown is a child of nine years of age. On the day named she was in a back-yard, at her aunt's, in the district of Bungendore, when prisoner laid hold of her and then and there violated her person.

Robert Lattimer sworn: I am a sergeant in the police, arrested prisoner on the 25th October last; charged him with and offence against nature, and also with rape; on his way to Queanbeyan prisoner asked me did I think he would be hanged; I answered that I thought not; in the lock-up at Queanbeyan he acknowledged to me having had connection with the child.

Sarah Ann Browne was called, and after being examined as to her knowledge of the nature of an oath, was sworn; her testimony was conclusive as to the commission of the crime by prisoner.

Dr [Frederick] Beer deposed to having examined the child and having no doubt that the offence charged had been committed.

The evidence of Mary Ann Woods, servant to Mr Scott of Miriam Scott, aunt of the child, and Charles Scott, was taken and proved to the child having been found crying while prisoner was seen walking away; the child then made a statement respecting prisoner; prisoner was a hired servant on the establishment.

William Brown, sworn: I am the father of Sarah Ann Brown; she can read, but not write; she can say her prayers; I know the prisoner about five years; I know nothing of my own knowledge about the offence committed.

This was the case for the Crown.
His Honor after stating that the case was a most painful one, read over the evidence.
The jury retired and after an absence of about an hour returned into the court with a verdict of guilty.
The prisoner being asked if he had any reason to allege why sentence of death should not be passed made no reply.
His Honor then with a few appropriate remarks passed sentence of death in the usual form.
The prisoner, who throughout the trial seemed little, if at all affected, is a robust good looking young man of about twenty-five years of age.

~ ~ ~ ~ ~

Queanbeyan Age and General Advertiser, Thu 5 May 1864 ⁶

GOULBURN ASSIZES.
(Abridged from the Goulburn Herald and Chronicle.)

...

THURSDAY – APRIL 28.

The court re-opened at ten o'clock this morning.

RAPE NEAR BUNGENDORE

George White was charged with having, in the district of Bungendore, on the 24th October last, committed an offence against nature, and also a rape on a person of Sarah Ann Brown.

The prisoner pleaded not guilty, and was undefended, the court declining to assign counsel, as it appeared that he had means of his own sufficient to provide for his defence.

Sarah Ann Brown is a child of nine years of age. On the day named she was in a back-yard, at her aunt's, in the district of Bungendore, when prisoner laid hold of her and then and there violated her person.

Robert Latimer sworn: I am a sergeant in the police, arrested prisoner on the 25th October last; charged him with and offence against nature, and also with rape; on his way to Queanbeyan prisoner asked me did I think he would be hanged; I answered that I thought not; in the lock-up at Queanbeyan he acknowledged to me having had connection with the child.

Sarah Ann Browne was called, and after being examined as to her knowledge of the nature of an oath, was sworn; her testimony was conclusive as to the commission of the crime by prisoner.

Dr [Frederick] Beer deposed to having examined the child and having no doubt that the offence charged had been committed.

William Brown, sworn: I am the father of Sarah Ann Brown; she can read, but not write; she can say her prayers; I know the prisoner about five years; I know nothing of my own knowledge about the offence committed.

~ ~ ~ ~ ~

NSW Executive Council Minute, 19 May 1864 ⁷

Minute No. 19

At Government House
Sydney, 19th May 1864

Present
His Excellency the Governor [The Right Hon Sir John Young, KCB, GCMG]
The Hon the Vice President [John Hubert Plunkett]
The Hon the Attorney General [James Martin QC]
The Hon the Secretary for Lands [John Bowie Wilson]
The Hon the Secretary for Works [Arthur Todd Holroyd]
The Hon the Solicitor General [Peter Faucett]
The Hon the Colonial Secretary [William Forster]

The Council having met pursuant to Summons, the Minutes of the proceedings on the 2nd [May] are read and confirmed.

A: His Excellency the Governor lays before the Council a Report by His Honor Mr Justice Milford of the Capital conviction of George White on 28th ultimo [April 1864] at the Goulburn Assizes, for the crime of Sodomy perpetrated on a female child about 9 years of age near Bungendore.

The Council having long and (earnestly ?) deliberated upon the subject, arrive at the conclusion that they would (scarcely ?) be justified in advising that the extreme sentence of the law should be allowed to take its course, but (entertaining ?) themselves little doubt of the guilt of the Prisoner, they are constrained to think that it should only be commuted to the most severe secondary punishment that can be inflicted, and accordingly advise that the capital sentence be commuted to imprisonment for life with hard labor in such of Her Majesty's Gaols or penal Establishments as his Excellency the Governor may from time to time direct the first three years in Irons.
...
The Council then adjourned sine die.
[Signed] Alexander Campbell Budge
Clerk of the Council

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The Sydney Morning Herald, Wed 25 May 1864 ⁸

TELEGRAPHIC DESPATCHES.
––––––
(From Our Correspondents.)
GOULBURN.

Tuesday, 7 pm.

AN inquest was held on the body of Sarah Oliver, who was run over by a dray some days ago. Verdict, accidental death.

George White and Dickey, an aboriginal, under sentence of death, are reprieved, and are to be imprisoned for life.

~ ~ ~ ~ ~

The Maitland Mercury and Hunter River General Advertiser, Sat 28 May 1864 ⁹

TELEGRAPHIC INTELLIGENCE.
––––––––––––––
(From the Herald and Empire.)
––––––
GOULBURN.

Tuesday, 7 pm.–
...
George White and Dickey, an aboriginal, under sentence of death, are reprieved, and are to be imprisoned for life.

¹ Queanbeyan Age and General Advertiser, (NSW), Thu 5 Oct 1863, p. 2.

² SRNSW: NRS880, [9/6466], Supreme Court, Papers and depositions, Goulburn, 1864, No. 5850. Emphasis added.

³ SRNSW: NRS7456, [2/6323], Judiciary, SF Milford, J. Notebooks Circuit Courts, (Bathurst, Maitland, Brisbane, Goulburn), 1856-65, pp. 4-13. Emphasis added.

⁴ The Sydney Morning Herald, Fri 29 Apr 1864, p. 4.

⁵ The Goulburn Herald and Chronicle, Sat 30 Apr 1864, p. 4. Emphasis added.

⁶ Queanbeyan Age and General Advertiser, Thu 5 May 1864, p. 2. Emphasis added.

⁷ SRNSW: NRS4232, [4/1543], Executive Council, Minute books, Minute 19, 19 May 1864, pp. 374-5, 389, R2445.

⁸ The Sydney Morning Herald, Wed 25 May 1864, p. 4. Emphasis added.

⁹ The Maitland Mercury and Hunter River General Advertiser, Sat 28 May 1864, p. 2. Emphasis added.

Buggery