The Albury Banner, Wodonga Express and General Intelligencer, Sat 9 Apr 1864 1
ALBURY POLICE COURT.
MONDAY, APRIL 4
(Before Captain Brownrigg, PM)
Arthur Graham and John Rowland, the latter a boy appearing to be about fifteen years of age, were charged with committing an unnatural offence. The elder prisoner was evidently suffering from the effects of sever drinking, and was hardly conscious of his position. Mr Blackmore appeared for him, and Mr Fleming was retained to watch the case for the boy. A good deal of evidence was taken, none of which can be reported, but which would lead to the strong presumption that a terrible offence had been committed. A question arose as to the age of the boy, he stating that he was upwards of fourteen, and his mother now swearing that he was born in January, 1851, so that he would be only thirteen and three months. T his point involved the question as to whether the boy was a principal or not, and the further hearing was adjourned for three days, to enable a copy of the register of baptism to be procured from Gundagai by the police.
...
THURSDAY, APRIL 7
(Before Captain Brownrigg, PM)
...
Arthur Graham and John Rowland were again brought up, charged with committing an unnatural offence.
Sergeant Parry produced a document received by him, purporting to be a copy of the register of baptism of John Rowland, but an objection was taken by Mr Blackmore and also be Mr Fleming to its admission as evidence, on the ground of informality, it being a certificate as to the day of the birth of the boy, instead of being a true extract from its baptismal registry. Mr Blackmore urged that Dean Hanley at Yass or Gundagai could not possibly certify to the birth of the boy at Wagga Wagga, and that although the date of performing the ceremony of baptism might be correct, still there might be a mistake as to the entry of the date of the birth.
The Bench adjourned the further hearing for three days, to allow the police to obtain a certified copy of the register.
~ ~ ~ ~ ~
The Albury Banner, Wodonga Express and General Intelligencer, Sat 16 Apr 1864 2
ALBURY POLICE COURT.
SATURDAY, APRIL 9
(Before Captain Brownrigg, PM and JT Fallon Esq JP)
Arthur Graham and John Rowland were again brought up in custody, charged with committing an unnatural offence.
Sergeant Parry produced a certified copy of the baptism of the boy Rowland, when Mr Fleming objected to it being taken as evidence, as he held that the police having produced a witness, the mother of the boy, who swore that he was under fourteen years of age, they were not entitled to produce inferior evidence to contradict their own witness. Further, that a certificate of baptism or birth without identity was worthless, and quoted several authorities to that effect.
The Police Magistrate said he did not believe the woman’s evidence, and he had made up his mind to treat the boy as a principal.
The evidence having been read over, the prisoner Graham said that he had had a quarrel with the principal witness [David] Jones, the morning of the alleged occurrence. Jones has attempted to persuade him that he had< lost £20 to him on the racecourse the day before. He had no recollection of having made any bet, and refused to pay it unless Jones could produce any one who heard him make the bet, or showed some entry in a book. He believed the only reason for bringing so damnable charge was through revenge and a belief that on the making of it money would be paid, and that he had used the boy as a mere tool. He had been drinking heavily, and had no proper recollection of the night in question, and he urged that the accusation was made in his absence, when he was in another place.
Both the prisoners were committed for trial at the next Circuit Court at Goulburn.
~ ~ ~ ~ ~
The Goulburn Herald and Chronicle, Wed 20 Apr 1864 3
LOCAL AND PROVINCIAL.
———o———
...
COMMITTED FOR THE ASSIZES.—At the Albury police court on Saturday, Arthur Graham and John Rowland were committed for trial at the assizes for an unnatural offence.
~ ~ ~ ~ ~
Depositions for Arthur Graham and John Roland 28 Apr 1864 Goulburn trial 4
Marcus F Brownrigg, PM
Albury, 11 April 1864
James Martin QC, Attorney General, Sydney
Sir,
I have the honor to transmit herewith under a separate cover the Depositions in the case of the two persons named in the margin (Arthur Graham and John Rowland) Committed for trial at the Circuit Court to be holden at Goulburn on the 25th Instant up on a charge of Sodomy.
2. In this case a do ubt invo lving the grave question of the prisoner Rowland’s position presented itself, viz whether he ought to be dealt with as a principal or as a Witness – his exact age being the point at issue.
3. As Rolland on being placed in the “Lock up” stated without any hesitation that his age was 14. He appeared before me charged with the Offence – during the hearing of the case, however, his mother the witness Mary Lamberts, appeared in Court of her own accord and was called by the prosecution (the police) to give evidence touching Rolland’s age – who according to the witness was only 13 years and two months old – from the manner, however, in which this evidence was given it was too clear that little or no credibility could be attached to it – and I felt I ought not to act upon such oral testimony unless it could be supported by the production of the documentary evidence incidentally referred to by this witness, viz. the Certified Copy of the Certificate of Babtism [sic].
4. This document shews that Rolland was Baptised on the 5 May 1850, whereas the Mother stated that he was not born until the 10 January 1851 while the date of birth as entered in the certificate is 16th February 1850 –
This, of course, is not conclusive upon this point – but as the fact of the Babtism followed so close upon the alleged date of birth, the presumption is in favor of its correctness and would thus make Rowland over 14 years of age by two months and a half – The question of proof of identity may arise here – for although Mary Lambert has admitted that her maiden name was O’Neil and her late husband’s name Richard this however does not appear in the depositions – and Mary Lambert had returned to Victoria and could be recalled within any convenient time.
5. Under all the circumstances I deemed it the more advisable course was to take Rolland’s evidence as a witness.
6. All the witnesses have been bound over to appear at Goulburn – it may not, however, be considered necessary that all should be subpoenaed in which case an early indication to any of these not required will be acceptable.
I have the honor to be,
Sir,
Your Obedient Servant,
[Signed] Marcus F Brownrigg, Police Magistrate.
1
G. 40.
(M. 11 & 12 Vic., Cap. 42.)
Depositions of Witnesses.
New South Wales, Albury
TO WIT }
THE EXAMINATION of Edmund Parry of Albury in the Colony of New South Wales, Sergeant of Police – Bristowe Hamilton of Albury, Lockup keeper – Norman Philip Lockhart of Albury, Inspector of sheep, John Nichols of Albury Publican, Mary Lambert of Chiltern, Victoria, Ernest Augustus Curran of Albury, Butcher and Joseph Knight Bassett of Albury in the said Colony, medical practitioner, taken on oath the 4th 7th and ninth days of April in the year of our Lord one thousand eight hundred and sixty four, at Albury 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 John Roland & Arthur Graham who are charged this day before me for that they the said John Roland and Arthur Graham on the second day of April 1864 at Albury, in the said Colony, feloniously did perpetrate and commit the crime of Sodomy.
2
Edmund Parry duly sworn saith: I am Sergeant in the Albury Police. From information I received I arrested the prisoner John Roland now before the Court on Sunday the 3rd of April instant and charged him with the crime of sodomy. I conveyed him to the Lockup. I charged him with committing the said offence with Arthur Graham. He said: “Arthur Graham offered me a pound to go into the closet. He then put his person in my bottom. I then told him he was hurting me – He did not give me the pound,” – I locked the prisoner up. I arrested Arthur Graham about noon yesterday at Negro’s public House in Albury on the charge of Sodomy – He appeared to be under the influence of liquor, and said he had been drinking for four or five weeks at Mr Nichols. He was in bed when I apprehended him.
3
He threw off the sheets and exposed his person. He took his person in his hand and said, “Do you think I would do such a thing as that.” He said he “was thirsty” and I ordered him a bottle of soda water and afterwards conveyed him to the Lockup. After he was in the Lockup he said that Dr Barnett had been attending him and that he had been suffering from drink. The prisoner said it was a fearful crime to be charged with and that he did not know anything about it.
By Mr Blackman for the prisoner Graham: I have seen the prisoner in Inn before. The alleged crime was stated by the prisoner John Roland “to have been committed last night about seven o’clock” (meaning Saturday the 2nd April inst.) In Nichol’s closet. The boy prisoner Roland said nothing more than
4
what I have stated. I did not see the prisoner Arthur Graham on Saturday night or at any time during the evening of Saturday. The prisoner Graham was shaking very much from the effect of drink when I arrested him though not drunk at the time. I should not think he had been drinking that morning. He said I don’t know anything about it and then exposed his person two or three times. I told him what the charge was and on whom it was committed. I have seen the prisoner Graham about Town, at Nicholl’s
[Signed] Edmund Parry.
Sworn before me at Albury this fourth day of April AD 1864.
[Signed] Marcus F Brownrigg, JP.
5
Bristowe Hamilton duly sworn saith on oath, I am Lockup keeper at Albury. I received the prisoner Roland into the Lockup about Eight o’clock yesterday (the 3rd April inst) In morning. I produce the Lockup Book and I perceive that I entered the prisoner Roland as being 14 years of age. That was the age he gave me. He said he was 14 years old on the 1st of April. The prisoner Roland also said that Graham offer’d [sic] him a pound to let him put his private against his bottom and that he did not give him the pound. I had cautioned him not to say anything that would militate against himself.
To the Bench: I ask every person his age and enter it
6
as he answers in the bo ok. It is part of my duty. When I asked the prisoner Roland his age I d id not know that it had anything to do with the crime. This admission took place immediately after prisoner Roland came to the Lockup.
By Mr Blackman: Sergeant Parry was present when Roland spoke about the pound.
[Signed] Bristowe Hamilton.
Sworn before me at Albury this fourth day of April, AD 1864.
[Signed] Marcus F Brownrigg JP.
7
David Jones duly sworn saith on oath: I am a trainer and jockey and reside in Melbourne. I have been staying lately at the Rose Inn, Nicholl’s, in Albury. I was at the Rose Inn on Saturday night last. I was in the water closet. The water closet is a double one and has one entrance into it from the yard and one from the garden. It is a slab building, with a partition. I heard the prisoner Graham offer the boy Roland a pound “to fuck him”. The boy said: “give me the pound first.” The prisoner Graham said: “you may take my word for it. I’ll give you the pound and I’ll never see you short of a pound or two when you want it.” I heard the boy sing out. He said: “you’re right up me now.” The prisoner Graham said: “No
8
only a little bit.” I sung out: “Why don’t you go away from that you dirty brutes.” They both went away. I went out into the yard and enquired for the bo y and saw him. He came to me crying with his hand to his eyes and said “For God’s sake don’t say anything about it. You’ll lag me if you do”. I said nothing more to him. I told him if he did not go away from there the pair of them would be lock’d up. I was in the division of the closet leading into the yard. The prisoners must have entered from the garden.
By the Bench: I could swear to the prisoners by their voices. I could hear everything quite plainly. I heard them come into the premises. They were there about three minutes
9
before I disturbed them. It was quite dark. I heard a shuffling of feel. I heard the boy Roland say: “You’re hurting me.” I told these circumstances to M r Lockhart and Mr Nicholls. I saw the prisoner Graham about half an hour before the occurrence which I have described. I did not see him after it. It was his voice I heard. I call’d out as soon as I found they did actually do it. I heard nothing further than what I have mentioned.
By Mr Blackman: I don’t know Graham any more than I have seen him at Mr Nicholls. I did not see him after this occurrence on Saturday.
I mentioned it first to Mr Lockhart and Mr Nicholls. I don’t know what state Graham was in when I saw him half an hour before. I have only known him since I have been staying at Nicholls.
10
I have spoken to him nearly every day. Bid him good day & so on. He’s no particular acquaintance of mine. The boy Roland has also been staying at N ichols. I spoke to him occasionally.
By Mr Fleming Solicitor for prisoner Roland: I was on the closet before the parties came into the other side. They were not in a minute before I heard the offer made. The boy said: “Give me the pound first”. I heard the door shut. The prisoner’s voice is rasping peculiar.
By Mr Blackman: I know the boy’s voice by speaking to him every day. I have seen Graham drunk. I can swear it was Graham’s voice I heard. I don’t speak to Graham when he’s drunk.
[Signed] David Jones.
Sworn before me at Albury this fourth day of April AD 1864.
[Signed] Marcus F Brownrigg JP.
11
Norman Philip Lockhart duly sworn saith on oath: I am Inspector of Sheep & reside at the Rose Inn, Albury. I was at the Rose Inn on Saturday night. I know the prisoners Graham and Roland. I saw Roland on Sunday morning, Mr Nicholls was present. Roland said as far as I can remember, after Mr Nichols asked him what took place on the night previous (Saturday night) “that Mr Graham had made him an offer of one pound to have carnal connection with him.”
To the Bench: The boy did not say carnal connection, but that was the import of his words. The boy Roland stated he stated he would not let Mr Graham do it
12
until he received the money – and that Mr Graham told him he should have the money and he should not want for money while he was in Albury or words to that effect. And that upon receiving that assurance Mr Graham committed the act and hurt him very much. I did not see Graham that evening at all. I asked the boy if he did hear a noise which would lead him to suppose that some person heard the occurrence in the adjoining closet? He answered: “Y es”, and that M r Graham said he must hook it.
While the boy was telling me this Mr Nichols went to inform the Police.
[Signed] Norman P Lockhart.
Sworn before me at Albury this fourth day of April AD 1864.
[Signed] Marcus F Brownrigg JP.
13
John Nichols duly sworn saith: I reside at the Rose Inn Albury. I know the prisoners Graham and Roland now before the Court. I saw the prisoner Roland yesterday morning at my house. Mr Lockhart was present. I said: “Is there any truth in what I’ve heard about you and Mr Graham last night?” Prisoner Roland said that Mr Graham offered him a pound to have connection with him and that he consented to do so.
To the Bench: I told the boy some unnatural offence had been committed in my water closet and I wanted to know the truth of it. The water closet is weatherboard and lined with pine. The partition is of pine and deafened to deaden any sound from one closet to the other. You can hear a
14
person talking distinctly from one closet to the other. The closet in the garden side is for lodgers the other in the yard is for the working men. Prisoner Graham has lived about a month at my house. He has not been about for some three or four nights. I don’t know whether he slept there on Saturday night. I went to a meeting before eight o’clock that night and I saw the prisoner Graham just before I went. I should say he was bordering on “delirium tremens”.
By Mr Blackman: The partition in the closet goes up to the wall plate – over that it is open. If you moved your foot on the floor in one closet it could be heard in the other. You cannot look over the partition. I have known the prisoner Graham for some time. The prisoner is married and
15
has a large family.
[Signed] John Nichols.
Sworn before me at Albury this fourth day of April AD 1864.
[Signed] Marcus F Brownrigg JP.
16
Mary Lambert duly sworn oath: I live in Chiltern, Victoria. I know the prisoner Roland. I am his mother. He was born on the tenth day of January 1851 in Wagga Wagga. He was baptized in Gundagai by Father McGuinness at the Chapel. I cannot recollect the month. I left WW [Wagga Wagga] about nine months after Roland was born. I did not get a Certificate. My husband dies last February. I never told the prisoner or led him to believe he was born on the first of April. The prisoner is the second youngest child by my former husband. My eldest child was baptized in Goulburn. I don’t remember when. I am married now.
17
John Roland left home about two months ago with the Race Horses. I never kept any birthday of his on the 1st April. My eldest girl is about 16 years. She is living with me.
By Mr Fleming: I had the ages of my children put down in the Bible but the leaf got torn out. I am certain John Roland the prisoner was born on the 10th of January 1851.
[Signed] Mary, her X mark, Lambert.
Sworn before me at Albury the fourth day of April AD 1864.
[Signed] Marcus F Brownrigg JP.
18
Joseph Knight Barnett duly sworn saith on oath: I am a duly qualified Medical practitioner. I examined the prisoner Roland on Sunday morning last. There was slight redness about the anus nothing more than would have been caused by riding. T here was nothing unusual about the parts.
To the Bench: I am aware of the reason why I had to examine the prisoner. I should have expected to have found stronger indications if the alleged crime had been committed. There was no laceration. It would be possible for such a crime to be committed and yet no severe traces left. Partial penetration might have taken place without leaving any mark. The prisoner did not complain of suffering any pain.
By Mr Fleming: Penetration might cause severe pain and yet leave no outward mark.
[Signed] J K night Barnett.
Sworn before me at Albury this fourth of April AD 1864.
[Signed] Marcus F Brownrigg JP.
The Bench remanded the prisoners for three days for the production of further evidence.
[Signed] Marcus F Brownrigg JP.
19
John Nichols recalled and resworn saith on oath: The sketch now produced (Exhibit A) is —a tolerably correct plan of the premises referred to in my previous evidence.
By Mr Blackman: The prisoner Roland was known to me by the nickname of “Jack Sheppard”.
[Signed] John Nichols.
Sworn before me at Albury this 7 April 1864.
[Signed] Marcus F Brownrigg JP.
Edmund Parry duly sworn saith: I sent a Telegram three days ago to Officer in Charge of the Police at Yass asking him to forward to me a certified copy 5 of the baptism of John Roland. I received by the post the document produced.
[Signed] Edmund Parry.
Sworn before me at Albury this 7 April 1864.
[Signed] Marcus F Brownrigg JP.
The prisoners remanded until Saturday 9th April 1864.
[Signed] Marcus F Brownrigg JP.
20
Edmund Parry on oath duly sworn saith: I produce copy of the baptism of John Roland received by me from Sub Inspector Brennan of Yass.
The said copy of Baptism (Exhibit C) is verified by affidavit before a Magistrate.
[Signed] Edmund Parry.
Sworn before me at Albury this ninth day of April 1864.
[Signed] Marcus F Brownrigg JP.
Copy of Register of Baptism of John Rowland from the Roman Catholic Register, Yass. Taken this seventh day of April 1864
John Rowland’s Baptism Certificate – Exhibit “C”, 7 Apr 1864
|
Child's name: John |
Born: 16 February 1850 |
|
Parents names: Richard Rowland, Mary O'Neil |
Baptised: 5 May - [18]50 |
|
Residence: Wagga Wagga |
Quality or Profession: Shoe Maker |
|
Baptized by: Rev P Maginnis [aka McGuinness] |
[Signed] J Hanly, RC Dean. |
|
Sworn before me at Yass this 7th day of April 1864 [Name illegible] JP |
|
21
G. 41.
(N. 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales, Albury,
TO WIT }
Arthur Graham stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this ninth day of April in the year of Our Lord One thousand eight hundred and sixty four for that he the said Arthur Graham on the second day of April, AD1864 at Albury in the said Colony, feloniously did perpetrate and commit the crime of Sodomy with one John Roland against the form of the Statute in such case made and provided and the examinations 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 Justice by or before whom such examination has been so completed, and the said Justice by or before whom such examination has been so completed, and the said Justice having also stated to the accused and given him clearly to understand that he has nothing to hope from any promise of favor, 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 Arthur Graham and the witnesses for the prosecution Edmund Parry, Bristowe Hamilton, Norman Philip Lockhart, John Nichols, M ary Lambert and Joseph Knight Barnett being severally examined in his presence, the said Arthur Graham 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 Arthur Graham saith as follows: “I wish to call a witness” –
22
This person who first gave the report of the crime against me, that is Jones and me had a quarrel about some twenty pounds which he said that he won off me on the course. I would not pay him for I knew nothing about it, neither could he shew me any book for it. I believe the only reason for bringing such a charge against me or causing it to be brought was for revenge and finding a weak boy to act as a substitute for him in the matter. My being in a state of stupidity or delirium tremens led him to believe he could extract money from me. I believe he thought the mere mention of such a damnable charge to me and Mr Nichols would force me to give him money. I believe that was his motive.
23
Neither Mr Nichols or myself were present at the time Jones appears to have mentioned the matter to Mr Lockhart according to the evidence. I have no proper recollection of the night at all.
[Signed] Arthur Graham.
Made before me this 9th April 1864.
[Signed] Marcus F Brownrigg JP.
24
For the Defence.
Witness called by prisoner Graham
Ernest Augustus Curran duly sworn saith on oath I am a Butcher and live in Kiewa Street Albury
Questions by Prisoner Graham Do you remember Saturday night last?
Answer: I do.
Where did you see me?
Answer: I met you between the Commercial Bank and the Exchange Hotel on the road. It was about ½ past 9 at any rate between nine and ten o’clock.
What was I doing?
Answer: You were walking. I said Good Evening Mr Graham. Where are you off too [sic]. You said you were taking a walk and ask’d me to accompany you to have a drink. We went to Mr Negro’s. We had two drinks together there, after we drank I ask’d you if you were coming up home. You said No, you’d sooner stop where you were as it was a quieter place than up at the hill and you wanted to get yourself sober. I bid you good night and went home. I saw you go into a little parlour in the house before I went. – – –
25
Did you see me any other time during that day?
Answer: I believe I heard your voice during that day at Nichol’s Inn and sure that I saw you. Did you not see me in your shop that day?
Answer: I cannot say that I remember. I might have. I was busy that day & did not take particular notice. – It was half past seven when I came back from the killing yard. It was after dark. It was after I came back from the killing yard that I heard prisoner Graham’s voice.
By Police: I think I heard prisoner Graham’s voice in front of William’s shop.
By the Bench: When we went to Negros, prisoner was not sober enough to know what he was doing.
[Signed] EA Curran.
Sworn before me at Albury this ninth day of April 1864.
[Signed] Marcus F Brownrigg JP.
26
G. 41.
(N. 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales, Albury,
TO WIT }
John Roland stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this ninth day of April in the year of Our Lord One thousand eight hundred and sixty four for that he the said John Roland on the second day of April AD 1864 at Albury in this said Colony, feloniously did perpetrate and com mit the crime of Sodomy with one Arthur Graham against the form of the statute in such case made & provided and the examinations of all the witnesses on the part of the prosecution having been completed, and the depositions taken against the accused having been read or cause to be read to him by the said Justice by or before whom such examination has been so completed, and the said Justice having also stated to the accused and given him clearly to understand that he has nothing to hope from any promise of favor, and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession o f 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 John Roland and the witnesses for the prosecution Edmund Parry, Bristowe Hamilton, Norman Philip Lockhart, John Nichols, Mary Lambert and Joseph Knight Barnett being severally examined in his presence, the said John Roland is now addressed by me as follows: “Having heard the evidence, do you with 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 John Roland saith as follows: By the advice of my solicitor I reserve my defence.
[Signed] Marcus F Brownrigg JP.
27
The prisoners John Roland and Arthur Graham committed to take their trials, on the within mentioned charge at the Circuit Court to be holden at Goulburn on Monday the 25th day of April, 1864.
No application made for Bail.
[Signed] Marcus F Brownrigg JP.
~ ~ ~ ~ ~
Justice SF Milford’s Notebook 6
21
Arthur Graham & John Rowland
on 2nd April 1864 at Albury
Sodomy with John Roland
Pleas Not guilty
Attorney General [James Martin QC] prosecuted
Isaacs for [Arthur] Graham
Simpson for [John] Roland
Isaacs asked that the prisoners might be tried
22
separately, which was agreed to.
The trial of Arthur Graham was proceeded with.
David Jones I am a horse trainer. I live at Melbourne. I was at the Rose Inn, Albury in January till April. Was there 2nd April. Graham was staying at the Rose Inn about a month. I had often spoken to him during the month he was there. O n the night of 2nd April the boy was staying there. I talked to him several times. I was in water closet night of 2nd April about 40 or 50 yards from the house. Double water closet. The 2 entrances not
23
on the same side. I look on the plan produced, that is a plan of the place. I was in the one in the yard. It was about 8 o’clock. It was dark. There is a boarded partition. The boards do not reach to the roof. I recognised the voices of the prisoner & the boy. I was there a minute before they got in. I heard Graham offer the boy £1 to let him fuck him. The boy said give me the £1 first. The prisoner said never fear I’ll give you a £1 or two or three, you shall not be short whilst I am in Albury. I heard the boy singing out Oh God you are hurting me you are right up
24
me now. The prisoner answered no, only a little bit. Upon that I sung out you nasty brutes what are you doing there, or to that effect. With that they both went away. I went out round to the front yard & saw the boy. I did not see Graham. I will swear to Graham’s voice. I saw him next when he was [in] custody. I heard them jamb the door to in the water closet. It took me but little time to go round to where I saw the boy after the affair.
By Mr Isaacs I don’t know what the boy is. I understand he was lending his hand to look after the horses. I never heard he was a jockey. The horse he was looking after belonged
25
to [word(s) missing] it was racer. I never heard he rode that horse at the races. I have seen the boy riding the horse but not galloping. I heard the boy called Jack Shepherd. I spoke to him every day I was there. I spoke to Graham every day. His tongue was never at rest. There were other persons employed there, as I was. I did not think at first what they were about, but when the offer of £1 was made, I knew. I did not speak at once, it all occurred in a minute. I did not speak till I heard the boy sing out. I went there to ease myself. I had seen the boy about an hour before I went to the water closet, & Graham ½ hour, in the parlour. I heard something bang which I supposed
26
to be the door. This was before what took place as I have described. It might be a little more than ½ hour from the time I saw the prisoner. I don’t think I said it was an hour before. I might have said so. I don’t remember the day Graham came to the Inn or when I first saw him. I saw him a month before I left him there when I went to Wagga W[agga]. He went there when I came back. I had no particular conversation with him the day before, nothing about a bet. I had not (gained ?) a bet of £20 from him & he did not deny that he had made any such bet. I had no altercation with any body else. I never bet money. I may for a couple [of] glasses. Any person in the yard or garden could [have] heard a loud noise in the water closet. The division goes up to the wall plate. I
27
could not see over it. If I had stood on the seat I could not have seen over. The opening above about 3 feet high. The closet I was in was 4 ft. square. I don’t know the length of the partition.
Edmund Parry Sergeant at Albury, arrested Graham at the Rose Empire Hotel. He was in bed. It was between 12 & 1 of the 3rd of April. I spoke to him & charged him [with] sodomy. He threw down the clothes 3 or 4 times & exposed his person. He said he did not know any thing about it. I took him to the lock up.
John Nichols Inn keeper at Albury, The Rose [Inn]. I know
28
Graham. He was residing in my house 6 or 7 weeks previous to the 3rd of April. Roland was living there. He was with the race horses. Graham resides at Wagga Wagga. Graham very dissipated. He came after having had a fit of drinking & was always drinking. He had a mob of cattle for sale. I look upon the plan, it represents the place. The closets were 8' 6". The one in the garden 5 x 4. The one in the yard 4 x 4. They were separated by a stud partition. The uprights 4 x 3 inch. There are boards in each side filled up with clay. The wall plates were 8ft. 6" from the seat 18 inch less. You could not look over if you stood on the seat. Persons speaking in the
29
one could be heard in the other, but in a low tone of voice it could not be heard distinctly. The prisoner was there in the evening at 7 o’clock. He was not sober. I did not notice the boy. I did not see him when he returned. The night before, Friday night, he slept at my place.
I would sometimes go down to other public houses. He might have slept at my place.
In each closet only one hole. I know Mr Jones. He was at my house for 13 weeks. Graham & he were talking every day. Jones was a trainer.
Joseph Knight Barnett, Surgeon (?) (?) (?) I examined the person of the boy Roland on the 3rd April at ½ past 12 in the day. I noticed a very slight redness about the anus but no abrasion. I should have expected something more if the crime had
30
been committed the day before. The same might have been caused by riding.
Nolle prosequi against Roland by Attorney General
Called for the Crown–
John Roland
[Mr] Isaacs: the evidence not receivable – on the grounds of being party to the (?) & the offence must be joint & nolle prosequi does not take the name off the record. The boy should be fully (warned ?)
John Roland I know the prisoner. I saw him on the 2nd April at Nicholls at Albury. I was looking after a race horse of Dicks. The prisoner said something to me.
I said the boy had been insufficiently warned.
He told me he would give me a £1 to put his person to my body. I went into the closet & he came after.
31
He put his person in me. I forget the day. It was about 3 weeks ago. I felt his person in me – This took place at Nicholls in the closet. There are 2 compartments & two entrances, one in the yard the other in the garden. I heard David Jones speak. He said what are you doing there you dirty brutes. The prisoner’s person was not in me, he was trying to put it in. The prisoner was pretty well drunk.
The case was closed
[Mr] Isaacs addressed the jury and he reserved 2 points on my charge to the jury. One that the Dr’s evidence not corroborative though I said so. That Jones did not stop the prosecution of the crime itself.
Verdict – Guilty of the attempt to commit the crime.
2 years hard labour Goulburn Gaol.
~ ~ ~ ~ ~
The Goulburn Herald and Chronicle, Sat 30 Apr 1864 7
LOCAL AND PROVINCIAL
[Thursday 28th April 1864 before Justice SF Milford at Goulburn Circuit Court]
GOULBURN ASSIZES
…
UNNATURAL OFFENCE
Arthur Graham and John Roland were charged with jointly committing an unnatural offence at the Rose Inn, Albury, on the 2nd April instant [1864].
The prisoners pleaded not guilty. Mr Isaacs appeared for Graham; attorney, Mr Walsh. Mr Simpson was assigned by the court to defend Roland; attorney, Mr Gannon.
Mr Isaacs applied to have the prisoners tried separately, and the trial of Graham was thereupon proceeded with.
The Attorney-General [James Martin QC] opened the case and called David Jones, who deposed to being in a position adjacent to the prisoners, and to hearing sounds which induced the belief that the offence had been committed.
Edmund Perry, sergeant in the police, deposed to the apprehension of prisoners; told him the nature of the charge; prisoner said that he knew nothing about it.
John Nichols deposed: I keep the Rose Inn at Albury; the prisoner reside at my house for six weeks before his arrest; he is a squatter residing in Wagga Wagga district, and is of very dissipated and intemperate habits.
Dr Barnett, of Albury, deposed to the particulars of an examination made by him of John Roland.
The Attorney-General here entered a nolle prosequi against the other prisoner Roland and proposed putting him into the witness-box to give evidence in the case.
Mr Isaacs objected to this course, as inadmissible, and quoted cases and points to sustain his objection.
The Attorney-General maintained that it was perfectly competent for the Crown, and within the discretion of the court, to enter a nolle prosequi in the case of the p risoner John Roland, and cited authorities in support.
Mr Isaacs replied.
His Honor over-ruled the objection.
John Roland was then sworn and deposed to the commission of the offence by the prisoner.
This was the case for the Crown.
Mr Isaacs having addressed the jury for the defence and the Attorney-General having replied, his Honor summed up and the jury, after an absence of three-quarters of an hour, returned a verdict of guilty of an attempt, and recommended the prisoner to mercy.
Prisoner was then sentenced to two years’ imprisonment with hard labour in Goulburn gaol.
~ ~ ~ ~ ~
Queanbeyan Age and General Advertiser, Thu 5 May 1864 8
GOULBURN ASSIZES.
(Abridged from the Goulburn Herald and Chronicle.)
…
THURSDAY—APRIL 28.
The court re-opened at ten o’clock this morning.
…
UNNATURAL OFFENCE
Arthur Graham was charged with committing an unnatural offence at the Rose Inn, Albury, on the 2nd April inst.
The jury returned a verdict of guilty of an attempt, and recommended the prisoner to mercy.
Prisoner was then sentenced to two years’ imprisonment with hard labour in Goulburn gaol.
1 The Albury Banner, Wodonga Express and General Intelligencer, Sat 9 Apr 1864, p. 2.
2 The Albury Banner, Wodonga Express and General Intelligencer, Sat 9 Apr 1864, p. 3.
3 The Goulburn Herald and Chronicle, Wed 20 Apr 1864, p. 2.
4 SRNSW: NRS880, [9/6467], Supreme Court, Papers and depositions, Goulburn, 1864, No. 35. Emphasis added.
5 Mn: Doc. referred to Exhibit B Not re-examined evidence
6 SRNSW: NRS7456, [2/6323], Judiciary, SF Milford, J. Notebooks Circuit Courts, (Bathurst, Maitland, Brisbane, Goulburn), 1856-65, pp. 21-31. Emphasis added.
7 The Goulburn Herald and Chronicle, Sat 30 Apr 1864, p. 4.
8 Queanbeyan Age and General Advertiser, Thu 5 May 1864, p. 2. Emphasis added.