Depositions for John Sprougham 14 Oct 1867 Bathurst trial ¹

Depositions of Witnesses.

New South Wales, Bathurst
TO WIT.                           }

The examination of Alexander Forbes of Bathurst, in the Colony of New South Wales, Gaoler – John Rook [aka Rooke], Bathurst, Patrick Moran, Bathurst, William Fulton, Bathurst and George Busby of Bathurst in the said Colony, Surgeon taken on oath this 11th day of June in the Year of Our Lord One Thousand Eight Hundred and Sixty Seven at Bathurst 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 Sprougham [aka Spruhal] who is charge this day before me for that he the said John Sprougham on the 10th day of June 1867 at Bathurst in the said Colony, feloniously did make an assault in and upon one John Rook and then feloniously, wickedly, and against the order of nature, had a venereal affair with the said John Rook and then feloniously carnally knew him the said John Rook, and then feloniously, wickedly and against the order of nature, with the said John Rook did commit and perpetrate the detestable and abominable crime of buggery (not to be named among Christians).

1

John Sprougham
Sodomy

    Alexander Forbes, Gaoler, of Bathurst, on oath states: Yesterday morning at about 8 o'clock I received information from a prisoner named John Rook that the crime of Sodomy had been committed upon him by the prisoner John Sprougham who is serving a sentence of 6 months in Bathurst Gaol –

    John Rook is a prisoner under committal for trial at next Court of Quarter Sessions – since his

2

confinement he has been subject to fits day and night and in consequence of those fits I have generally put 4 men into the cell with him to prevent him from injuring himself or others during the fits – there were 4 men in the cell with him on the night in question – when I was told Rook told me that he was very much hurt by penetration, I immediately sent for the Visiting Surgeon and ordered the prisoner Sprougham to be locked

3

up.

    Prisoner has no questions to ask.
[Signed] Alexander Forbes.

Sworn at HM Gaol, Bathurst, 10th June 1867.
[Signed] William Hall Palmer, Prison Magistrate.

4

    John Rook being duly sworn on oath states – I am a prisoner under committal for trial at the next Court of Quarter Sessions.

    I know the prisoner John Sprougham now before the crime on last Friday night he was put into my cell with me and 3 other prisoners – the 4 men were put into my cell to take care of me during my fits.

    I've been subject to fits ever since I was 18 months old, – since my confinement here the fits have been

5

more frequent, – they come on very suddenly, I then fall down and become insensible.

    On last Friday night the prisoner Sprougham slept on one side of me and a prisoner named Moran slept on the other side – their beds were close to mine.

    I had fits during the night. – I awoke during the night and found the prisoner Sprougham trying to pull the blankets from under me – I felt his hands – there was no light – I did not speak

6

speak but turned over and he drew his hands away – he did not speak –

    On this occasion he had one of his fingers up my fundament, – he hurt me – next morning I told the prisoners Moran and others of it – I did not then make any complaint to any of the Warders.

    On Saturday night I was put into another cell with the same 4 prisoners, the prisoner Sprougham lay on one side of me and the prisoner Moran on the other – that night

7

I had fits until about 12 o'clock – at about 1 o'clock I had another fit – I then went to sleep and awoke with great pain in my fundament, the prisoner Sprougham was having connection with me – he had his private part up my fundament.

    I called out to him and I said "What are you doing?" and pulled myself away from him – I asked him what he was doing. He said "Nothing. Hush hold your tongue", – By the light of the lamp in the yard I saw him turn

8

over and cover his head up, I put my hand out, caught hold of Moran and said to him "Strike a light"

    Moran thought I was bad, caught hold of my hand and called out to Fulton to strike a light – he did strike a light – I then got up, turned round and showed myself to them. There was a little wet on the blanket, – wet was running out of me and down my legs – there was more on my shirt than there was on the blankets – Butts the

9

other prisoner did not get up, but answered Moran and Fulton.

    Moran called "Paddy", to the prisoner Sprougham as loud as he could, but he did not answer, – he called out a second time – Sprougham then said "What is it all about?", Moran said to him AYou ought to be ashamed of yourself Paddy to serve this chap so". He replied "What do you mean". I said "Oh you know well enough what he means". He said "No, I don't" – I then said

10

"You'll know in the morning"' He then said "Perhaps I did it in a dream" – I replied "No, you did not do it in a dream", Moran said "Now he will have to report you, I have stopped one man from reporting you 3 times for the same thing. I shan't stop another one".

    Sprougham said then to Moran "Your time is short you had better play you cards smooth, if you don't shut up I will make you".

    I thought that Moran and Sprougham would come to blows. The prisoner

11

further said to them "Don't say anything more about it tonight".

    In the morning Sprougham asked me five or six times not to say anything more about it.

    I reported the transaction to Mr Ellis the Senior Warden the moment I left my cell.

    I did not complain of what you did on Friday night, because I was ashamed – I told Moran of it, –

    On Saturday night I did not move my back towards you – I did not feel you going up my fundament

12

until I felt the pain. I swear that you were up my fundament – the Doctor examined me in the morning.

    I did not feel him pass his private parts up my fundament until I felt the pain. When I fall asleep after having a fit it is very hard to wake me.

[Signed] John Rook.

Sworn at HM Gaol, Bathurst, 10th June 1867.
[Signed] WH Palmer, Prison Magistrate.

13

    Patrick Moran, on oath states – I'm a prisoner in Bathurst Gaol – I know the complainant Rook and the defendant Sprougham –

    Rook is subject to fits and in consequence of that I was placed in his cell with 3 other prisoners to take care of him at night –

    Sprougham, Fulton and Butts were the three, – on Saturday last Rook told me that Sprougham was feeling him behind with his hands about his fundament, waiting to do something to

14

him. – I could not believe that any man could be guilty of such a thing and told Rook to look over it for the sake of his character. –

    On Saturday night the same four prisoners were locked up with Rook. Three of the beds were placed together, I slept in one, Sprougham in another and Rook in the centre, – we were placed so that we could take charge of Rook when his fits came on, – he had fits that night, – after

15

he had the fits – he became very bad – and was choking – froth came from his mouth and blood after – we knocked and the Gaoler came and Henderson, a prisoner who act as Doctor, came with him – after this Rook became quiet and composed and went to sleep – he snored – I fell asleep and in about 2 hours afterwards I felt Rook's hand at my back. As soon as I felt him I got hold of him by the waist thinking that he was bad again. – I then

16

told Fulton to light a match. – I then called out "Paddy" and got no answer, I then called Bill Butts but I can't say whether he answered me.

    When the match was lit I saw Sprougham turn his face towards the wall and cover his head with the blanket.

    Rook then said to me "Look here", he turned around, raised his shirt and showed me his backside.

    I asked him what was that, he said that Sprougham had been groping

17

at him, – I said to Sprougham "Paddy you ought to be ashamed of yourself" – he made no reply – I then said to Fulton "Bill, look at this" – we then looked and Rook pulled up his shirt, I then saw a lot of white stuff dropping from Rook's fundament down his thighs – there was also some on his shirt – after that Sprougham said to me "You have got a short time to do and if you don't play your cards a little fairer you will rue it" – I said

18

to him "I never was afraid of a man like you in my life – you ought to be ashamed of yourself". Fulton then told us to hold our tongues.

    Sprougham said to Fulton "You are the best man amongst them"

    I saw blood come from Rook's mouth but nowhere else.

    I never saw you doing anything with the prisoner Silk – he told you that he would report you for a similar offence to the one you are now

19

charged with.
[Signed] Patrick Moran.

Sworn at HM Gaol Bathurst, 10th June 1867.
[Signed] WH Palmer, Prison Magistrate.

20

    William Fulton, on oath states – I'm a prisoner under sentence in Bathurst Gaol.

    I was placed in the cell with 3 other prisoners to take charge of Rook who is subject to fits.

    On last Saturday night Sprougham, Moran, Butts, Rook and I were placed in the cell – the beds were placed together.

    Sprougham was on one side of Rook and Moran on the other – Rook had fits that night – after that I went to sleep –

21

I daresay I had been asleep about 2 hours when Moran awoke me by saying "Bill strike a match, Rook is bad".

    I lit a match – after we had obtained a light, Moran said to me "Look at this chap" something to Rook – I did look and saw stuff running from his backside and there was some stuff on his shirt, during this time Moran called out "Paddy", meaning the prisoner Sprougham, he did not answer – I can't say whether he was

22

asleep – Moran called him a second time – Sprougham said "What is it?" Moran said "Paddy you ought to be ashamed of yourself" – I think he also said "I did not think you would do the like" – I don't recollect whether Sprougham made any answer –

    After this all while the light was burning Rook said to me "Billy, don't you know what it is?" I said "No" because I didn't want to have any row in the dark,

23

but I knew very well what he meant – after we lay down and the candle was out Sprougham said to Moran "You have only a short time to do and the quieter you do it the better for yourself"

    Something to that effect – Sprougham said "I don't deny it but if I did do it I did it in my sleep"

    Prisoner has no questions to ask.
[Signed] William Fulton.

Sworn at HM Gaol Bathurst 10th June 1867.
Remanded.

24

    George Busby on oath states, – I am a legally qualified Medical Practitioner and Surgeon to the Bathurst Gaol.

    On last Sunday morning I was sent for by the Gaoler. It was between 8 and 9 when I came to the Gaol. – I was then informed of something that had occurred and in consequence of that information I examined the prisoner Rook – I found the nates [the buttocks] and the parts about the anus perfectly clean – there was a light flush of red around the anus

25

it formed a circle about the size of a sixpence.

    Rook said that he had been obliged to wash himself

    There was no laceration or injury of any kind observable about the anus.

    Rook had been under my care since he came into the gaol and he has been brought under my notice as being subject to fits.

    I did not examine the prisoner Sprougham. Prisoner has no questions to ask.
[Signed] George Busby, Surgeon.

Sworn at the Police Office, Bathurst, 11th June 1867.
[Signed] WH Palmer, PM.

26

Statement of the Accused.

New South Wales, Bathurst
TO WIT                            } 

John Sprougham stands charged before the undersigned, one of Her Majesty' Justices of the Peace in and for the Colony aforesaid, this eleventh day of June in the year of Our Lord one thousand eight hundred and sixty seven for that he, the said John Sprougham on the tenth day of June 1867 at Bathurst in the said Colony, did feloniously commit the crime of buggery with one John Rook 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 caused to be read to him by me, the said Justice, (by/or) before whom such examination has been completed; and I, 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 favour, and nothing to fear from any threat which may have been holden out to him to induce him to make any admission of 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 John Sprougham and the witnesses for the prosecution Alexander Forbes, John Rook, Patrick Moran, William Fulton and George Busby being severally examined in his presence, the said John Sprougham is now addressed 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 John Sprougham saith as follows:– "I plead not guilty to the charge that is all I have to say."

Taken before me, at Bathurst, in the said Colony, the day and year first above mentioned.
[Signed] WH Palmer, JP, PM.

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    Committed for trial at next Circuit Court to be holden in Bathurst on Monday the fourteenth day of October 1867. Bathurst Gaol, 11th June 1867.
[Signed] WH Palmer, Prison Magistrate.

~ ~ ~ ~ ~

Justice JF Hargrave's Notebook ²

61

John Sprougham.		Sodomy
on 10th June/67 at Bathurst –		John Rooke

³   [Mr] Butler

    Alexander Forbes Gaoler at Bathurst. J Rooke under committal to Quarter Sessions. Subject to fits. – 4 men to take care of him, prisoner one of them. Copeland (Marlin ?) & Charlie (since discharged) – charge reported on Sunday 9th June morning.

    John Rooke prisoner in Bathurst gaol. 5 months. Tried & sentenced for larceny – subject to fits from infancy – Moreland Fulton & Cutts were with me & prisoner also – Prisoner on one side & Moreland on other, all in separate beds – on Friday had fit. Mentioned to Morgan something next morning (Saturday) – not same as now – next night had fits till 12 or 1 o'clock or later – then into slumber – woke in great pain, prisoner was having connexion with me, pain in my back – up my b------e [backside, passim], the prisoner's penis was up my backside am sure of it – That awoke me. I asked him what he was doing. he said "Hush" – when I sung out he

62

turned out from my bed to his own bed. Morgan (said ?) & Morgan struck a light – & said he would not stop reporting him again – when the light was struck – I showed my person to – & – and saw "nature" on person – on my legs & blankets & shirt – Morgan said he would have longer to (play ?) – prisoner said if he had it must have ben in a dream. He covered his head over – Cutts (away ?) just (as ?) light struck. I woke them up – next morning he asked me not to report him – in a dream – 4 or 5 times – Doctor examined me next morning. I had cleaned myself in night. No doubt his private part was in me –

    Cross-examined Lee Subject to fits all my life – sleeping soundly – clothes were over my legs – shirt up on my back – I turned away from him – I felt him penetrate; don't know whether attempt would hurt me – no lights – when I woke he was in me, his legs were right up against me. I felt him. I turned over directly – I woke with the pain. I felt it & turned over directly – I was awake 5 minutes before & went off in a fit; his front was at my back – I was on my side – turned on to my back – when I turned over it came out – not as if through my legs.

63

The semen came from my backside – outside my body – it was coming out of my backside. I wiped it off from there – First time I have been in goal – after wiping it away still observed it coming out more – it was on a Saturday

⁴   ## (morning ?) did not report for (?) backside or (?) (?).

    Recalled I asked Moreland whether he said [insert, from following page 64/a]: (a) did not say "I have stopped 3 men from reporting, will not any more" not my invention – I was in court & heard him say so in his evidence.

    PM [Patrick Moran] recalled did not recollect his so saying in (?) – don't remember my saying so. Knew Silk – not to my knowledge said so, won't be sure – There were several rumours about Silk & another – won't be sure to Mr Forbes whether did or not. Heard those rumours & won't be positive – did not believe any such thing –

    Mr Forbes recalled – examined prisoner next day – no traces on person – had had (?) (?) ##

    Patrick Maughan was in gaol for not paying a fine of ,10 for (?) (?) (?) (?) (?) – was one of 4 to take care of him – was woken by Rooke on Saturday, he made a complaint the day before after he woke me by the wrist & called Bill (Fulton ?) to light candle – then Paddy – no answer – (W ?) Cutts no answer. The young man told me to strike a light – saw the prisoner (in ? on ?) his own about 2 feet apart cover up his (shoulders ?) & turn his head to wall. This young man turned his back to me & saw ( ) dropping from his fundament, from that direction from his legs. I slept on one side of Rooke, prisoner on other. I said to prisoner you ought to be ashamed of (yourself ?). He said – what's this – oh drop it Fulton. he said you're the best man of the lot. He said to me "You've only a short time to stay better play your cards (?)" He said he might do it in a dream. I said I was never frightened of a man like him not sure (whether ?) about reporting him.

    Cross-examined. Never said not report before but would now.

64

    Prisoner & Rook on best terms no quarrels. The semen was between his legs – seemed to come from between his fundament & down his legs, can't swear from his fundament but between his legs. the other man woke afterwards.

    W[illiam] Fulton Prisoned for cattle stealing – in charge of Rooke, woke by Moreland on Saturday – He told me to light candle, I did – He was upon knees – saw the stuff running out of his fundament – could not say – appeared to be so – prisoner did not answer but called about 2 o'clock in morning. Prisoner said when why not be like Fulton does not interfere – If he did it was in his sleep – This will be worse for you so to Rooke – who said I will tell when I go down stairs – did not hear anything about not reporting before.

    Cross-examined Lee from the (?) & (?) & last (assizes ?) I don't speak to him – don't know whether liked, not on bad terms B no report about (?) charged with sticking up Bourke Mail – never (game ?) – when (Mr ? ?) Grenfell was shot arrested by Serjeant Rush – made a statement to (Serjeant ?) Rush about murder of Grenfell – not committed yet for the murder – don't recollect Moreland about reporting – can't say whether out of – but between cheeks. He saw running down (&c ?) –

65

    Dr [George] Busby. Doctor to gaol. Examined person of Rooke about 8 in morning. Supposing penetration to have taken place would not expect any mark, he was quite clean – slight blush of red round anus.

    Cross-examined not examined inside of anus – (appearances ?) would not have been more than I saw – not examined any men like this before – don't think any (further ?) disclosure – there would be no (injury ?). My opinion is that most of the semen would not have come out – partial penetration not so –

    Dr Machattie heard evidence – concur with opinion except as to sphincter muscle, except if penetration complete – explanation as to (?) – unless beyond sphincter & to rectum – half an inch would pass sphincter muscle – generally speaking unless (?) action of muscle would be to retain if passed sphincter muscle – if at 2 (?) – (any ?) penetration no distinct appearance except slight blush at 8, (open ?) from penetration (?)

    Cross-examined. Sphincter muscle might be elongated to : inch – The feeling might be of much greater depth than the reality – explained the muscle – & (?) (?). The rectum beyond the sphincter is very capacious & he would feel it through the sphincter.

Lee for prisoner.
Witnesses
(1) Mr Forbes
(2) John Rooke
(3) Patrick Maughan
(4) W Fulton
(5) Dr Busby
(6) Dr Machattie
sec 18 no (?) to be proved
Verdict Guilty of charge
sentence of death recorded.

~ ~ ~ ~ ~

The Bathurst Times, Wed 16 Oct 1867 ⁵

LOCAL INTELLIGENCE
Bathurst Circuit Court
MONDAY, 14th OCTOBER 1867
(Before His Honour Mr Justice JF Hargrave)

UNNATURAL CRIME

    John Spruhal was indicted for committing an unnatural offence on the 10th June [1867] last, in Bathurst gaol, upon the person of one John Rooke.

    Plea – Not Guilty.
    Remanded back to gaol until counsel had been assigned for the defence.

~ ~ ~ ~ ~

Press clipping, c. Oct 1867 ⁶

SODOMY

    John Sprougham was indicted for that he on the 8th day of June 1867 in the Bathurst gaol, did feloniously commit the offence named above.

    The prisoner pleaded not guilty, and as the offence was a capital one, Mr Lee at the request of his Honor consented to watch the case on behalf of the prisoner.

    From the statement of Mr Butler it appears that the subject of the offence was a prisoner in the gaol and was afflicted with epilepsy; Mr Forbes the gaoler therefore deemed it necessary to put four other prisoners into the cell to take care of the invalid. Prisoner was one of the four men and took advantage of the condition of the man who had a fit on the night in question, and committed the offence with which he was now charged.

    The evidence in the case is quite unfit for publication.

    The jury returned a verdict of Guilty, and upon being asked if he had anything to say why sentence of death should not be pronounced upon him according to law, the prisoner said he was innocent of the offence; and in a cell small as the gaol cells are, in which were five prisoners at the time, it was impossible that the offence could have been committed as had been sworn; he was as innocent as the child unborn.

    Death recorded

~ ~ ~ ~ ~

John Sprougham letter, 28 Oct 1867 ⁷

67/6423 2

John Sprougham
8th October 1867

Statement of John Sprougham under sentence of Death Recorded, at Her Majesty's Gaol Bathurst.

John Robertson Colonial Secretary, Sydney

⁸   On the night stated that the crime I was accused of and found Guilty upon was committed, there were (5) five prisoners in all in the Cell – 12 x 9 it is a very hard matter to say that Sodomy could be committed and such a number of men together in one Cell, without some one of them having a knowledge of it, besides the Prosecutor there was no proof whatever of the offence being done only his own, and it was as easy for him to prevent or resist me when the like was being carried on as not, he states I forced my finger up his fundament on Friday night previous, and hurted him, now it is impossible for me to make an entrance into his parts, mine being (4) inches in circumference, without him either feeling me or waking until the Crime was Completed, I am a man of Sixty (60) years of age and I leave myself upon your Judgment whether such thoughts as these with which I am found Guilty of and likely to take place in the mid of men of my years, I sincerely – declare before My Maker that I am totally innocent of the Crime if such freak of nature which as stated to have been running from the Prosecutor, must have been done in my dreams. I did not attempt to have the matter concealed as it was my request to have the Medical Gentleman sent for, if I had have been guilty it would not be likely I would ask that request the evidence sworn against me is entirely false and based upon bad feeling that was then existing against me; what I have stated it is nothing but truth, and I throw myself upon the mercy of His Excellency the Governor for such reprieve of Sentence as His Excellency in his Clemency may deem expedient,

John (his X mark) Sprougham

Witness to the mark of John Sprougham
[Signed] James Moody, Clerk

~ ~ ~ ~ ~

67/6423

172
Henry Halloran Colonial Secretary's Office
Sydney 31 October 1867

Sir
I am directed by the Colonial Secretary to refer to you, for Your Honor's remarks thereon, the ⁹ accompanying statement made by the prisoner named in the margin, (John Sprougham) who has had sentence of death recorded against him.

    I have the honour to be,
      Sir,
    Your Honour's
    most obedient servant
[Signed] Henry Halloran

~ ~ ~ ~ ~

Justice John F Hargrave
4 November 1867

I have perused the statement of J Sprougham herewith returned, and have no report to make thereon beyond my report on the case itself.
[Signed] John F Hargrave.

~ ~ ~ ~ ~

Justice John F Hargrave, Supreme Court
Sydney 4 November 1867

Regina v John Sprougham – report

67/6423

    This prisoner was tried before me at the last Bathurst Assizes, and convicted of Sodomy on the person of John Rooke on the 10th June last in Bathurst Gaol.

    The evidence of Mr Forbes Principal Gaoler of Bathurst proved that John Rooke upon whom the offence was committed, was afflicted with epileptic fits; and was therefore entrusted to the care of the prisoner and the other prisoners to attend him during the night.

    The evidence (66/3979 herewith) of John Rooke and two out of the other three prisoner, viz Patrick Maughan and W [William] Fulton, was perfectly clean and conclusive as to the complete commission of the offence charged, and under circumstances of the grossest abomination. The evidence of Doctors [George] Busby and Machattie who examined the person of Rooke in the morning was also strongly confirmatory of the direct testimony.

    I presume there is no necessity for me to state the disgusting particulars of the case; all the fact being fully established by the most sophisticated evidence practicable in such a case, I fully concurred in the verdict and ordered sentence of death to be recorded.

    My opinion is that this is a case deserving of the severest punishment next to death; and I would suggest the absolute exclusion of this prisoner from the slightest intercourse even with other criminals, except with those convicted of like offences.

[Signed] John F Hargrave,
Supreme Court Sydney.

~ ~ ~ ~ ~

[Various notes regarding John Sprougham]

67/6423
    His Excellency decision as to the commutation of Sprougham's sentence a requisite.
[Initial illegible]
11 Nov 67

~ ~ ~ ~ ~

[Signed] His Excellency
JY [Sir John Young]
11/11/67

~ ~ ~ ~ ~

13 Nov /67
    The Judge recommends "the severest punishment next to death" – Let the Prisoner John Sprougham be imprisoned for Life (with ?) (hard ?) (labor ?) – first three years in irons
[Initialled] JY

~ ~ ~ ~ ~

67/6423
    It's presumed that His Excellency intended "with hard labor." Unless it be so the sentence is not the next severest to death.
[Initial illegible]
11 Nov 67

~ ~ ~ ~ ~

[Signed] His Excellency
JY
15/11/67

~ ~ ~ ~ ~

16 Nov /67
    Yes I meant hard labour.
[Initialled] JY

~ ~ ~ ~ ~

Harold Maclean, Sheriff letter, 12 Nov 1868 ¹⁰

    The Sheriff requesting authority for removal of prisoners from Berrima Gaol to Parramatta

68/6323

Harold Maclean
Sheriff's Office
Prison Branch
Sydney 12th November 1868

382 

68/3414 

Henry Halloran, Principal Under Secretary, Colonial Secretary

Sir,
    I have the honor to enclose particulars of the prisoners named in the margin ¹¹ who will during the ensuing month complete the specified portion of their sentences in separate treatment at Berrima Gaol, and to request that authority may be given for their removal from that Gaol to the Berrima gaol, 1866. Photo: Peter de Waal 8 Gaol at Parramatta.

    I have the honor to be 
      Sir, 
    Your obedient Servant 
Harold Maclean
Sheriff
[Signed] by John Phelan
under Sheriff

~~~~~

[Mns:] His Excellency [initialled] RB 16/11/68. Approved [initialled] WMM AG 19/11/68. The Sheriff – 19 Nov 1868.

~~~~~

Empire, Wed 11 Dec 1867 ¹² 

CAPITAL CONVICTIONS.
————

    Return showing the number of Capital Convictions that have taken place in the Supreme and Circuit Courts of the Colony within the last ten years, called for by the Legislative Council.
...
    122. John Sprougham, sodomy, October 24, 1867, death recorded, awaiting decision of Executive.

~~~~~

Return of Prisoners in Separate Treatment in HM Berrima Gaol Becoming Eligible for Promotion to “B” Division, Dec 1868 
 

No.	Name	Offence	Sentence	Date of Sentence	Court where Tried	Date of being placed in Sept. Treatment	Period in such Treatment	Period when eligible for Promotion	Remarks
1	Sprougham, John	Sodomy	Life, 1st 3yrs in Irons	24 Oct 1867	CC Bathurst	16 Dec 1867		16 Dec 1868
2	Fitzgerald, James	Sheep Stealing	5 yrs Roads	3 July 1868	QS Tamworth	30 July 1868		3 Dec 1868
3	Smith, John	Sheep Stealing	5 yrs Roads	3 July 1868	QS Tamworth	30 July 1868		3 Dec 1868
4	Campbell, James	Horse Stealing	5 yrs Roads	10 July 1868	QS Armidale	30 July 1868		10 Dec 1868
5	Ryan, Daniel	Horse Stealing	5 yrs Roads	9 July 1868	QS Armidale	30 July 1868		9 Dec 1868
To the Acting Inspector of Prisons Sydney
HM Gaol Berrima 6th November 1868						[Signed] (?) Gaoler

  

---

¹      SRNSW: NRS880, [9/6498], Supreme Court, Papers and depositions, Bathurst 1867, No. 574.

²      SRNSW: NRS6034, [2/4478], Judiciary, JF Hargrave, J. Notebooks Circuit Courts, 1865-81, pp. 61-5. Emphasis added.

³      Mn: Archb p. 589, 591 9 Geo C 31 ss 15, 18 adopted (by ?) Const Act sentence recorded 4 Geo 4 c 48. 1

⁴      Sequence of sections between these marks ## is unclear.

⁵      The Bathurst Times, Wed 16 Oct 1867, p. 2.

⁶      This press clipping was found in Judge Hargrave's notebook.

⁷      SRNSW: NRS905, [4/606] (67/6423), Col Sec, Letters received, 1826-1982.

⁸      Mn: Pl. Under Secretary BC 29 Oct 1867. For Mr Sheriff John Phelan under Sheriff. May be referred to His Honor Mr Justice Hargrave 30 Oct 67. Judge Hargrave 31 Oct 1867.

⁹      Mn: To be returned

¹⁰    SRNSW: NRS905, [4/639] (68/6323), Col Sec, Letter received, 1828-1982. Emphasis added.

¹¹    Mn: John Sprougham, James Fitzgerald, John Smith, James Campbell, Daniel Ryan 

¹²    Empire, Wed 11 Dec 1867, p. 5.

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