Depositions for Herman Bishop and Thomas King 14 May 1873 Sydney trial 1
Depositions of Witnesses
New South Wales Port Macquarie
TO WIT }
The examination of Patrick Ryan a Senior Constable of the Police Force in the Colony of New South Wales, Thomas Gearside of the Hastings River, Labourer, George Francis Craig of the Hastings River, Farmer, Charles Knight of the Hastings River, Farmer and David Raymond Fitzgerald of the Hastings River, in the said Colony, taken on oath, this 15th and 16th days of April in the Year of our Lord one thousand eight hundred and seventy three at Port Macquarie in the Colony aforesaid, before the undersigned, two of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of Herman Bishop [aka Hermann Bischoff] and Thomas King who is charged this day before us, for that they the said Herman Bishop and Thomas King on the 31st day of March 1873 at the Hastings River in the said Colony, feloniously did commit the crime of Sodomy.
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New South Wales,
TO WIT }
Patrick Ryan States on oath that I am Senior Constable of Police stationed at Port Macquarie. About half past eight o’clock this morning I apprehended the prisoner, Herman Bishop at John Barry’s Rawdon Island Hastings River. By virtue of the warrant now produced, wherein he is charged that he on the 31st day of March 1873, feloniously did commit the abominable crime of Buggery with one Thomas King, at the Hastings River.
I read the warrant to the prisoner, all he said was “Oh, Oh, God that abominable offence.”
[Signed] Patk Ryan.
Sworn and taken before us this 8th day of April 1873.
[Signed] JH Young, JP, John Ross, JP.
Remanded for 1 week 2
[Signed] JH Young JP, John Ross, JP.
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(C., 11 & 12 Vic., Cap. 43)
Warrant in the First Instance.
Mr Henry Garvin a Senior Inspector of the Police Force and a Constable in the Colony of New South Wales, and to all other Police Officers in the said Colony, whereas information hath this day been laid before the undersigned one of Her Majesty’s Justices of the Peace in and for the said Colony of New South Wales, for that one Herman Bishop did on the 31st day of March 1873 feloniously commit the abominable crime of buggery with one Thomas King at the Hastings River and oath being now made before me substantiating the matter of the said information; these are therefore to command you, in Her Majesty ‘s name, forthwith to apprehend the said Herman Bishop and to bring him before some one or more of Her Majesty’s Justices of the Peace in and for the said Colony to answer to the said information, and to be further dealt with according to law. Given under my hand and seal this 7th day of April, in the Year of our Lord one thousand eight hundred and seventy three at Port Macquarie, in the Colony aforesaid.
[Signature illegible], JP.
1
Proceedings in Court
Courthouse West Kempsey
Thursday 10th April 1873
Present Mr Casey.
Thomas King brought up in custody and charges by Senior Constable John Coady with an unnatural offence.
John Coady being duly sworn states.
I am a Senior Constable in the Police Force of New South Wales stationed at Macleay River. On Monday morning last, about 6 o’clock, I received information from Sub Inspector Garvin, at Port Macquarie, by telegram, instructing me to arrest Thomas
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King, now before the Court, a warrant having issued for his apprehension on a charge of Sodomy. Accompanied by Constable Shanahan I went at once in search of the prisoner and after searching for him in different places during that night I found him early on Tuesday morning getting out of bed at the
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Harp of Erin public house West Kempsey. I told him the charge upon which I apprehended him, took him into custody. He replied “I know nothing about it”. I then conveyed him to the lockup at West Kempsey. Since then I received a warrant issued by Mr Ormiston, JP, Port Macquarie, directing me to apprehend the prisoner, and in which warrant the the [sic] prisoner is charged that on the thirty first day of March
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1873 he did feloniously commit the abominable crime of buggery with Mr Herman Bishop at the Hastings River. The documents I now produce is that warrant. I read that warrant to the prisoner this morning when he replied, as before, “I know nothing about it”.
[Signed] John Coady.
Taken and Sworn before me at West Kempsey this 10th day of April 1873.
[Signed] JB Casey, JP.
The prisoner stands remanded to H M Gaol at Port Macquarie until Tuesday the 15th of April.
[Signed] JB Casey, JP.
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(C., 11 & 12 Vic., Cap. 43)
Warrant in the First Instance.
Mr Henry Garvin a Sub Inspector of the Police Force and a Constable in the Colony of New South Wales, and to all other Police Officers in the said Colony, whereas information hath this day been laid before the undersigned, one of Her Majesty’s Justices of the Peace in and for the said Colony of New South Wales, for that one Thomas King did on the 31st day of March 1873, feloniously commit the abominable crime of buggery, with one Thomas Bishop at the Hastings River and oath being now made before me substantiating the matter of the said information: these are therefore to command you, in Her Majesty’s name, forthwith to apprehend the said Thomas King and to being him before some one or more of Her Majesty’s Justices of the Peace in and for the said Colony to answer to the said information, and to be further dealt with according to law. Given under my hand and seal this 7th day of April in the Year of our Lord one thousand eight hundred and seventy three, at Port Macquarie, in the Colony aforesaid.
[Signed] JP [James Potts] Ormiston, JP.
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Information – (General Purposes.)
New South Wales,
TO WIT }
Be it remembered, that on the 7th day of April in the Year of our Lord one thousand eight hundred and seventy three at Port Macquarie, in the Colony of New South Wales, Thomas Gearside of the Hastings River appeared before me, the undersigned, one of Her Majesty’s Justices duly assigned to keep the peace of our Lady the Queen in and for the Colony of New South Wales, and on oath informs me, that on the 31st day of march in the Year of our Lord one thousand eight hundred and seventy three. 3 On or near the Hastings River one Thomas King in and upon one Herman Bishop then and there being feloniously did make an assault and then and there feloniously wickedly and against the order of nature have a venereal affair with the said Herman Bishop and then and there feloniously carnally know the said Herman Bishop and then and there feloniously and against the order of nature with the said Herman Bishop did commit and perpetrate that detestable and abominable crime of buggery (not to be named amongst Christians) against the form of the statute in such cases made and provided and against the peace of Our Lady the Queen, her Crown and Dignity, whereupon the said Thomas Gearside prays that I, the said Justice, will proceed in the premises according to law.
[Signed] Thomas (his X mark) Gearside.
Sworn at Post Macquarie in the said Colony, on the day first above written, before me.
[Signed] JP Ormiston, Justice of the Peace.
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Information – (General Purposes.)
New South Wales,
TO WIT }
Be it remembered that on this 11th day of April in the Year of our Lord one thousand eight hundred and seventy three at Post Macquarie in the Colony of New South Wales, Thomas Gearside of the Hastings River appears before me the undersigned one of Her Majesty’s Justices duly assigned to keep the Peace of Our Lady the Queen in and for the Colony of New South Wales, and on oath informs me, that on the 31st day of March in the Year of our Lord one thousand eight hundred and seventy three 4 at or near the Hastings River one Herman Bishop in and upon one Thomas King then and there being feloniously did make an assault and then and there feloniously wickedly and against the order of Nature had a venereal affair with the said Thomas King and then and there feloniously carnally knew the said Thomas King and then and there feloniously and against the order of Nature with the said Thomas King did commit and perpetrate the detestable and abominable crime of buggery (not to be named among Christians) against the form of the statute in such case and made and provided and against the peace of Our Lady the Queen her Crown and Dignity; whereupon the said Thomas Gearside prays that I, the said Justice, will proceed in the premises according to Law.
[Signed] Thomas (his X mark) Gearside.
Sworn at Post Macquarie in the said Colony, on the date first above written, before me.
[Signed] JP Ormiston, JP.
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Thomas Gearside on oath states, I am a labourer lately Mrs King on the Glen Ewan Estate, I know the prisoner Thomas King and Herman Bishop. They are the persons I charge in my informations (justified ?) (Exhibits A and B) with the crime of having committed sodomy. On Monday the 31st of March 1873 between 3 and 4 o’clock in the afternoon I was with King with George Craig at the back of the vineyard on Glen Ewan Estate – I went away for a can of water to a well which was in front of a hut in the vineyard and Craig asked me to look for a
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knife which he had lost near the hut. I went up to the back of the hut and whilst looking for the knife I heard voices in the hut. I recognised the voice of the prisoner Thomas King and prisoner Bishop. I heard King say to Bishop “Come here Bishop you won’t get another chance”. Bishop replied “I’m too sleepy.” King said “I’ll come into you” – Bishop made some reply which I did not hear. I then went round to the door of the hut and also to the window and looked in and saw the prisoners King and Bishop on a bed with only their shirts on – Bishop was lying partly on his stomach and side – King was on top of Bishop or partly on his
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side. I called out to them “You are two dirty rascals”. Upon hearing me Bishop pushed King off or was trying to do so. I then went in the door which was a foot or two from the window and I then saw that King was withdrawing his penis from Bishop’s fundament – I am sure it had penetrated Bishop’s fundament their parts were fully exposed to me – I had a full view of King’s privates at the time – King’s penis was standing at the time – or in a state of erection – I said to prisoners “I’ll put you where we’ll find you”. King replied “Go to buggery and do your best”. I then went away for the farmer.
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As I returned near the hut prisoner Bishop ran after me and said “For God’s sake you don’t say what you’ve seen. It’s all King’s fault for he told me he was a 5 “morpheredite and a Troman’s power had overcome him and for me (Bishop) to come into the room and satisfy him.” Prisoner Bishop said “he did it for the progress of science”. King who was standing near us made no remark – he was standing there with his shirt on and heard what Bishop said to me. The same evening Charles Knight and George Craig went with me to Bishop’s hut. When we got near we heard voices – we went to the back of the hut
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I heard Bishop say “I’m going to bed”. King said “Don’t go to bed yet”. Bishop replied, “Yes, I will”. King said “Give us a match before you go”. Bishop said “No, I’m damned if I give you a match”. But he gave him a match afterwards. He (King) lit the match and lighted his pipe with it. King said to Bishop “Come and sleep with me for I’ll lay cold”. Bishop said “No, I won’t sleep with you for you’ve destroyed my body”. King said “We can lay together and needn’t touch one another”. King afterwards said “Come on Bishop there’s no-one to know now”. I went into
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the hut with George Craig and Charles Knight and said to King “You damned old wretch. Come out of this”. He made me no answer. I said to King “Aren’t you ashamed of yourself after what I saw today”. He replied “Yes, I am.” I then told him to go away. He said he could not as he was near blind. He promises me that he would not interfere with Bishop that night if he let me remain. Knight was sober, Bishop was a little the worst of liquor – the next morning Charles Knight and myself went up to the hut and
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we saw Bishop and King there. Bishop said in King’s presence that he (King) had been worrying him all the night – I then turned King out of the hut.
By prisoner King: You were sober at the time.
By prisoner Bishop: When I first heard you together in the hut and before I saw you connected I heard you say to King “For heaven’s sake let me alone”.
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[Signed] Thomas (his X mark) Gearside.
Sworn at the Court, Port Macquarie this 15th day of April 1873.
[Signed] JP Ormiston, JP.
Remanded until tomorrow.
[Signed] JP Ormiston, JP.
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George Francis Craig on oath states, I am a farmer on the Hastings River. I was working on the Glen Ewan Estate on the 31st of March last. On that morning I went up to the hut occupied by the two prisoners. Gearside accompanied me. I saw prisoner Bishop outside the hut. I said to him “Is it possible that a man like you with intelligence could be guilty of such an act as I have been told.” He replied “Oh by God, Craig, I have been fooled”, or he might have used the expression “duped”
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instead of “fooled”. I would do anything for the progress of science by Allah I did not know what I was doing with myself. He began crying and said he would drown himself. I then went in to the hut and saw King there, lying down.
I said to him (King) “You are a precious specimen of humanity – do you ever expect there is a hereafter?” He replied “Perhaps more than you do”. King had only his shirt on. He then went home. The next morning I was passing the hut going for water when I heard Bishop say “he being deceived”, King said
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“What do you mean?” Bishop replied to King “You told me that you were 7 morphoribite.” King said “Bloody hell you know it”. Bishop said “I do not by God”. I looked in then at the window and said “Bishop what are you grovelling about?” I can’t remember the words he said in reply but it was something about the old fellow (King) Telling him something – I then went away. That night Gearside, Charlie Knight and myself went up to prisoner’s hut after dark. I heard King say “Will you give me a match Bishop?”
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Bishop said “No, I won’t”. After asking several times Bishop said he would. He then gave the match and it was stuck and went out. King asked Bishop for another and Bishop refused. King said “I’ll murder you”. Bishop said “Oh by God, I wish you would”. King said, “You know Bishop I will not hurt a hair on your head.” King got a light at the fire in the hut. There were two rooms in the hut. Bishop was lying in one room on his bed and King on a bed in the other room, King called out to Bishop “You might as well come here as lie in the cold”. You know we are going away in the morning and we’ll have to
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sleep together on the road. Bishop said, “No, I want to go to sleep”. King then said “Come on here, we’ll lay much warmer together”. Bishop said “I want nothing to do with you”. King said “There’s nobody about tonight you might as well come on”. Bishop said “I told you I wanted nothing to do with you”. King said “You’ve got no pluck, you’ve got no game in you”. To the best of my belief King said to Bishop “Come here till I ride you”. Bishop said “This place is Haunted”. King said “I’m not afraid of any bloody ghost”. I picked up a kerosene tin and threw it at the door of the hut which
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was partly open – the tin fell into the hut – King called out “In the name of Jesus Christ appear whoever you are?” – “I never did little Archy Ewan any harm,” – I then went into hut. I said to King “What kind of an old wretch are you at all?” He made no answer – on the Thursday following I saw King after some conversation with King and both King and Gearside and myself accusing them with having committed sodomy. Bishop asked to take him away from King – or King should be taken away. King was about to be turned out when he begged to be allowed to remain
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that night – Gearside asked King would he (King) promise not to meddle with Bishop any more, King said he would not, or he would go away in the morning. On the Thursday following I found King still in the hut.
I said to him “You old sod, haven’t you cleared out yet”? He told me he was going next morning. I turned him out then and there.
[Signed] George Francis Craig.
Sworn at the Courthouse Port Macquarie this 16th day of April 1873.
[Signed] JP Ormiston, JP.
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Charles Knight on oath states: I am a farmer on the Hastings River. On the evening of the 1st of April I accompanied Gearside and Craig to a hut on the Glen Ewan Estate. I heard voices inside and heard someone say “Come here Bishop till I ride you”. There was no light in the hut, I afterwards found there were only King and Bishop in the hut – it was King’s voice I heard – he also said “There’s no-one looking now”. Bishop said “No I won’t, you’re
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no hermaphrodite”.
[Signed] Charles Knight.
Sworn at the Courthouse Port Macquarie this 16th day of April 1873.
[Signed] JP Ormiston, JP.
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David Raymond Fitzgerald on oath states, I am residing at the Glen Ewan Estate Hastings River. On the morning of the 1st of April inst. Prisoner Bishop came up to me on the Glen Ewan Estate. He said “I have something to tell you and I want your advice as I will have to leave the district” – after some hesitation he said “I would die for science and if I could benefit mankind I would willingly die for science”. He asked me to keep private his conversation – he then said “King isn’t a hermaphrodite. By God my ‘toggle’ was nowhere”, he said. I strapped up King’s legs and scammed him
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He then said “I would die for science”. He said “I will send that bloody old wretch from King away – Bishop was under the effects of drink when he spoke to me.
By King: I saw you in the hut on the Tuesday night (1st April) and you were under the influence of drink. I saw you drink what I believed to be colonial wine.
By Bishop: I thought when you spoke to me on the Tuesday night that you were suffering from delirium tremens.
[Signed] D Fitzgerald.
Sworn at the Courthouse Port Macquarie the 16th day of April 1873.
[Signed] JP Ormiston, JP.
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(N., 11 & 12 Vic Cap. 42.)
Statement of the Accused.
New South Wales,
TO WIT }
Herman Bishop stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 16th day of April in the Year of our Lord one thousand eight hundred and seventy three for that he, the said Herman Bishop on the 31st day of March 1873 at the Hastings River, in the Colony, did commit the crime of sodomy with one Thomas King 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 caused to be read to him by me, the said Justice (by/or) before whom such examination has been so 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 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 Herman Bishop and the witnesses of the prosecution Thomas Gearside and others being severally examined in his presence, the said Herman Bishop is now addressed by me as follows:– “Having heard the evidence, do you wish to say anything to 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 Herman Bishop saith as follows:– “I have nothing to say”. Taken before me, at Port Macquarie in the said Colony, on the day and year first mentioned.
[Signed] JP Ormiston, JP.
20
(N., 11 & 12 Vic Cap. 42.)
Statement of the Accused.
New South Wales,
TO WIT }
Thomas King stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 16th day of April in the Year of our Lord one thousand eight hundred and seventy three for that he, the said Thomas King on the 31st day of March 1873 at the Hastings River, in the Colony, did commit the crime of sodomy with one Herman Bishop 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 caused to be read to him by me, the said Justice (by/or) before whom such examination has been so 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 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 Thomas King and the witnesses of the prosecution Thomas Gearside and others being severally examined in his presence, the said Thomas King is now addressed by me as follows:- “Having heard the evidence, do you wish to say anything to 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 Thomas King saith as follows:– “I have nothing to say.” Taken before me, at Port Macquarie in the said Colony, on the day and year first mentioned.
[Signed] JP Ormiston, JP.
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Prisoners Herman Bishop and Thomas King committed for trial at the next Court of Gaol delivery to be holden at Sydney on the 12th day of May 1873. Court House Port Macquarie this 16th day of April 1873.
[Signed] JP Ormiston, JP.
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Thomas King
Port Macquarie, 15 Apr 1873
To the Presiding Magistrates of Port Macquarie
Worshipful Sirs,
I take the liberty of laying before you a brief statement as well as I can remember respecting the charge brought against me – also I give the names of a few respectable parties (as references) in whose employment I have been, and with whom I have been boarding and lodging for some years (both) here and in Kempsey. As to my general conduct and character during the time they have known me, I beg to state that at the time this charge was brought against me, I was unfortunately under the influence of drink.
I most solemnly declare that I have no knowledge of anything that took place at the time, and ask you most respectfully to give my case a careful investigation before you commit me, and enquire if my accusers can give satisfactory answers as to their motives for coming forward (voluntary) to prosecute a man who was in the state of mind (I must have been in) at the time they charged me with committing this offence.
I am respectfully yours.
[Signed] Thomas King.
I give the following names as references: Mr McCarthy Esquire, JP, Mr Poole Esquire, JP, Messrs Verge, Mr Cheers, Mr Cleig, Mr Williams, Mr Cavanagh, Mr Trotter, Mr Neil.
Handed in by Thomas King the 15th day of April 1873, [Init] JPO, JP.
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Hermann Bischoff,
Darlinghurst Gaol May 12th 1873
To His Honor, Judge Hargraves
Being charged with a capital offence, of which I am innocent, but undefended for the want of means at the present, I most humbly beg: that your Honor may be pleased, in consideration of the serious nature of the charge, to appoint a barrister to watch my case. –
I made every effort to secure a sufficient sum to see Counsel, but was disappointed in the expectation of the arrival of some money due to me up the country. –
Should any legal gentleman kindly undertake my defence I would gladly hand it over when receiving it. –
I am
your most obedient Servant
Hermann Bischoff
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[On the depositions’ cover sheet is the following]
16th April 1873
No. (3 ?)
Depositions
Regina v. Herman Bishop and Thomas King
Sodomy
[Initial illegible]
7/5/73
Sydney Goal Delivery 12th May
Coram Hargrave J 14/5/73
Both guilty of attempt
[Initial illegible]
Port Macquarie
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Justice JF Hargrave’s Notebook 8
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[Darlinghurst] Wednesday May 14th 1873
Q v Thomas King (a) Sodomy
& Herman Bishop (b) }
On 31st Mar. 1873 (a) Operator
at Hastings River (b) } pathic
Mcleay River – knows (a) apprehended on morning of Apl. 8th last; at Kempsey at a P[ublic] H[ouse] getting out of bed. I told him the charge of sodomy. He said he knew nothing about it.
Working on Hastings River, Ewan Estate, Mr Frazer’s. Good few working on it. Prisoner(s ?) lived in huts. One Vineyard Hut (other ?) on river bank, at a hut 1½ or 2 miles apart. Recollect on Monday 31st March between 3 & 4 o’clock – I & George (Cray ? passim) were working at back of Vineyard Hut & I went for a billy of water & Cray told me to look for his knife at back of the Vineyard Hut. (b) Bishop & Charley Bligh lived there. – when there I heard talking in the Hut – King said Come on Bishop you won’t get such another chance like this. – Bishop said too sleepy won’t till night. (a) said I’ll go into you & B said no you won’t – I went round & looked through the place where window was, & saw King first & also Bishop lying on (the bed ?) (?) between 3 & 4 o’clock in the afternoon.
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They had only their shirts on. I saw B on top of K. Described how they were. I looked a minute or two & sang out (Two dirty wretches) & B shoved K off. Saw K coming from B. I saw the penis drawn from Bishop behind – out of his body. I can swear to it from Bishop’s fundament. I saw the thing clearly. I went away for the water & when after 20 yds from Hut (?) water – I told King I would put him where I could find him – K said (only ?) 5 (?) & that (?) – I went round Hut so as not to be near them. He called me & B came & said to me I hope you’ll not say anything – I said I won’t if you kick K out of Hut – I went then to GC with the water – did not see King till that night, don’t recollect anything else then. B told me that K said he was a hermaphrodite, don’t know whether K heard it – George C & I (?) & Charley K & another a distance of – GC & I went there in evening. B lying down outside Hut – I asked B are you guilty of what I saw today. I did not think you was: He said Well K told me he was a hermaphrodite. I thought I had science enough – But I’ll have to study a little more – Been working (?) (often ? after ?) (for nothing particular ?). I, C Bligh, (and ?) GC went up again after dark – Heard K talking to BB said going to bed, K – asked for matches – kept (talking ?) BB gave him a match & (?) B
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Come out to sleep (we’ll ?) (?) on the Road. B said I won’t sleep with you – & refused & told him to stop there – not into his room. B said not again. I rushed into door & room & said: King you (ought to be asked ?) & here again at him, I called b out & B said K kept – B was worse for liquor – & so on the morning B was (worse for King ?).
At back of Hut on 31st Mar. 3 or 4 yds round to (window ?) (discerned ?) how situated opposite window – close by it – (further ?) from door than window had alongside (slots ?) (under ?) 2 (slabs ?) from door – I watched for about a minute to see – when at window – one on top of the other when I first saw them. I had no idea – till I saw them shift when I sang out. A little on top & (on ?) the sides. The door was partly open back towards bed – just to walk in & round door. I’ll swear that (positively ?), that I saw (that ?) man’s penis coming out of (B’s ?) fundament. I swear that.
Hasting’s River (Farmer) on 31st March working on the (?) Estate. Gearside with me. He went up the road towards a wall near Vineyard Hut (further ?) on – In the evening I went after I knocked off work. I saw Bishop – King was inside the Hut. I spoke to Bishop. He was asleep & woke up – I said I was surprised at his being so foolish what I had heard – whether true what I had heard – He put his hands up to my face so – made a great fool of – I will drown myself. He said something about science. “He said he would do anything for the progress of science or die for (it ?). I don’t believe he was sober. Under the influence of liquor. It was very late but light – G. went for the water after Dinner.
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I went into hut & saw King lying on bed facing door. I said “You are a precious specimen of humanity. What kind of a man are you.” – I went on another occasion, a second day for water myself & heard B say to K “you’ve made a fool of me.” – “you said you were a Herm[aphrodite] & King said – well you know I am so. I also went again (after ?) tea with G. & Knight to the Vineyard Hut to see another party (Bligh). Loud conversation going on inside. K asked B for a match – He said no he would not (give ?) him a (?) thing – at (?) (?) (?) – He asked another: refused – &c. &c. K asked B to come & lie with him. He said not nothing as to 31st March – could lie with (?) &c. &c.
On 31st Mar. – drinking – both – 3 or 4 hours after G. had said he had seen them.
(lines ?) at (?) Estate – saw Bishop on (evening ?) of (1st ?) April. He called me & said he wanted my advice: I said leave off drinking. He had a secret to tell me. I said no. It was a secret . I promised & he said he had been making discovery in science. He said &c. &c. – He said he had not committed the offence nor come to that (?). Drunk very drunk did not know the meaning of (wh ?) – (deliver specimens ?) on that day – draft of (Colonial ?) wine. Drinking (?) before 31st March. I saw him I’m sure he was – King drinking also – I saw him on 1st Apl. & 2 or 3 times before then.
Want only attempt – (normally ?) by person penetrated not arrested till a week (after ?) as in rapes & on boys. denied. not attempted to escape.
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Evening News, Wed 14 May 1873 9
CRIMINAL COURT.
THIS DAY.
————
(Before his Honor Justice Hargrave.)
The Crown Prosecutor (Mr WJ Foster) prosecuted for the Crown.
UNNATURAL OFFENCE.
Herman Bishop and Thomas King were charged with having, on the 31st March, at Hastings River, in the colony of New South Wales, committed an unnatural offence.
Prisoners pleaded not guilty, and were defended by Mr Want, instructed by Mr McCulloch (assigned by the Crown).
The evidence given in this case was quite unfit for publication.
A number of witnesses were examined by Mr Want, who at the conclusion of the case for the Crown addressed the jury, contending that the evidence showed that neither the offence nor the attempt at the offence was committed.
After the usual summing up by his Honor the jury retired to consider their verdict of an attempt to commit the offence against both prisoners.
His Honor sentenced Bishop to one years’ imprisonment, and King two years’ imprisonment in Darlinghurst gaol with hard labour.
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Empire, Thu 15 May 1873 10
CENTRAL CRIMINAL COURT.
WEDNESDAY. [14 May 1873]
————
(Before his Honor Mr Justice Hargrave.)
The Crown Prosecutor (Mr WJ Foster) prosecuted for the Crown.
UNNATURAL OFFENCE.
Herman Bishop and Thomas King were charged with having, on the 31st March at the Hastings River, in the colony of New South Wales, committed an unnatural offence.
Prisoners pleaded not guilty, and were defended by Mr Want, instructed by Mr McCulloch (assigned by the Crown.)
The evidence given in this case was quite unfit for publication.
A number of witnesses were examined for the Crown, and severely cross-examined by Mr Want, who at the conclusion of the case for the Crown addressed the jury, contending that the evidence showed that neither the offence nor the attempt at the offence was committed.
After the usual summing up by his Honor the jury retired to consider their verdict, and after an absence they returned into court with a verdict of an attempt to commit the offence against both prisoners.
His Honor sentenced Bishop to one year’s imprisonment, and King two years’ imprisonment in Darlinghurst gaol with hard labour.
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The Sydney Morning Herald, Thu 15 May 1873 11
CENTRAL CRIMINAL COURT.
WEDNESDAY.
Before his Honor Mr Justice Hargrave.
Mr WJ Foster appeared for the Crown.
UNNATURAL OFFENCE
Thomas King and Herman Bishop were arraigned and tried for an unnatural offence.
Mr Want, as counsel, and Mr McCulloch, as attorney, were respectively assigned by the Court for the defence; and these gentlemen, consenting to accept the duty they were requested to discharge, defended both prisoners accordingly.
Verdict against the prisoners Bishop and King, ‘guilty of the attempt only.’
The sentence passed upon King was two years’ imprisonment in Darlinghurst [this was changed to Parramatta] gaol with hard labour. The sentence upon Bishop was one year’s imprisonment in Darlinghurst gaol, with hard labour.
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Australian Town and Country Journal, Sat 17 May 1873 12
CENTRAL CRIMINAL COURT.
————
The above court commenced its sittings on Monday morning, and were presided over by his Honor Mr Justice Hargrave. On Monday and Tuesday the Solicitor-General (the Hon JGL Innes) prosecuted for the Crown; on Wednesday the Crown prosecutor (Mr WJ Foster) prosecuted; and on Thursday Mr Salomons prosecuted.
The following is a summary of the cases tried during the week:—
…
Herman Bishop and Thomas King were each found guilty of having on the 31st of March, at the Hastings River attempted to commit an unnatural offence. Bishop was sentenced to one years’ imprisonment, and King to two years’ imprisonment with hard labour.
1 SRNSW: NRS880, [9/6560], Supreme Court, Papers and depositions, Sydney, May 1873.
2 Mn: Resworn this 15th day of April 1873 [Signed] JP Ormiston, JP
3 Mn: Exhibit A, 15th April 73, PM2 Init JPO
4 Mn: Exhibit B, 15 April 73, PM2 [Init] JPO
5 Mn: “Horma phrodite”
6 Mn: Bishop here admits the truth of this expression, [Init] JPO, JP
7 Mn: hermaphrodite
8 SRNSW: NRS6032, [2/4397] , Judiciary, JF Hargrave, J. Notebooks Criminal Causes (Darlinghurst), 1865-78, pp 13-6.
9 Evening News, (Sydney, NSW), Wed 14 May 1873, p. 3.
10 Empire, Thu 15 May 1873, p. 2.
11 The Sydney Morning Herald, Thu 15 May 1873, p. 2.
12 Australian Town and Country Journal, Sat 17 May 1873, p. 6.