John T Campbell, Col Sec Letter to Hannibal Hawkins McArthur, Magistrate, Parramatta, 24 Nov 1818 ¹

166

Secretary’s Office Sydney
24th November 1818

Sir
    I here with transmit you a general list of the names of one hundred and sixteen male convicts landed from the Transport ship Shipley (2), Moncrief Master, of whom thirty are ordered by His Excellency the Governor for general distribution among the settlers within the district where you preside as a Magistrate, and two to those to whom His Excellency has already assigned them and whose names appear in the accompanying list – You will please to furnish me with a list of names of the settlers to whom you shall assign any of those convicts specifying therein the names of the convicts so assigned.–

    These men are sent forward to Parramatta by water, and you are to distribute them according to the said list.–
    In the list now forwarded are also included the names of such of the remainder of the convicts as are destined for Windsor and Liverpool respectively for your guidance in forwarding them thither.–

    I have the honor to be
        Sir,
    Your obedient humble servant
Signed “JT [John Thomas] Campbell” Esq

167

    List of 116 male convicts disembarked from the transport ship Shipley (2) and forwarded to Parramatta, Windsor and Liverpool

Sydney 24th November 1818 

Parramatta

~ ~ ~ ~ ~

John Blaxland testimony for John Unwin ticket of leave, 2 Jul 1824  ²

9

    We hereby certify that John Unwin who came by the ship Shipley [2] which arrived in the year 1818 has not been convicted of any crime or misdemeanour in the colony; but is to our certain believe an honest, sober and industrious character, having served faithfully John Blaxland Esquire residing in the district of Parramatta from April 1820 to the present date.
Res Magistrate [Signed] W Lawson JP
Clergyman of district
Master [Signed] J Blaxland

Parramatta
2nd July 1824

I know nothing to the prejudice of this (prisoner ?) (?) (?) (?) (?)

Nottingham Quarter Sessions
1 April 1818
Seven years

10

205/1199
John Unwin 1824

The certificate of
John Unwin for a
ticket of leave
2 July 1824

~ ~ ~ ~ ~

Parramatta Court Proceedings, 20 Sep 1824  ³

 Return of Proceedings taken at the Court House Parramatta for the Quarter ending the 30^th September 1824

~ ~ ~ ~ ~

Depositions for John Unwin, 27 Jan 1830, Campbell Town Trial  ⁴ 

In the Tenth Year of the Reign of
Our Sovereign Lord George the Fourth,
by the Grace of God, of the United
Kingdom of Great Britain and Ireland,
Defender of the Faith.

New South Wales
(TO WIT)–            }

Be it remembered, that Alexander Macduff Baxter, Esquire, His Majesty’s Attorney General for the Colony of New South Wales, who prosecutes for His Majesty in this Behalf, being present in the Supreme Court of New South Wales, now here, on the twentieth Day of January in the Year of Our Lord One Thousand Eight Hundred of twenty thirty at Sydney Campbell Town, in the Colony aforesaid, informs the said Court, that John Unwin late of Bringelly in the Colony aforesaid Labourer on the twenty third Day of November in the Year of Our Lord One Thousand Eight Hundred and twenty nine with force and arms at Bringelly aforesaid in the Colony aforesaid, with a certain Bitch then and there being, feloniously, wickedly, diabolically and against the order of nature had a venereal affair, and then and there feloniously wickedly diabolically and against the order of nature carnally knew the said Bitch; and then and there feloniously, wickedly, diabolically and against the order of nature with the said Bitch did commit and perpetrate said abominable crime of Buggery (not to be named amongst Christians) against the form of the Statute in such case made and provided and against the peace of our said Lord the King his Crown and dignity.
[Signed] Alex M Baxter, [AG].

~ ~ ~ ~ ~

In the Tenth Year of the Reign of
Our Sovereign Lord George the Fourth,
by the Grace of God, of the United
Kingdom of Great Britain and Ireland,
Defender of the Faith.

New South Wales
(TO WIT)–            }

Be it remembered, that Alexander Macduff Baxter, Esquire, His Majesty’s Attorney General for the Colony of New South Wales, who prosecutes for His Majesty in this Behalf, being present in the Supreme Court of New South Wales, now here, on the ----- Day of ----- in the Year of Our Lord One Thousand Eight Hundred of Twenty at Sydney, in the Colony aforesaid, informs the said Court, that -----
on the ----- Day of ----- in the Year of Our Lord One Thousand Eight Hundred and Twenty ----- in the Colony aforesaid,

~ ~ ~ ~ ~

[On reverse of the above is the following]

No. 15
The King against John Unwin
Informations
Witnesses: Robert Purvis, George Tribe.
January 27th 1830
Plea Not Guilty
Verdict Guilty
Sentence of Death passed.
[Signed] John Gurner.

~ ~ ~ ~ ~

NSW Executive Council Minute, 1 Feb 1830  ⁵

Minute No. 6

Monday 1st February 1830

Present pursuant to Summons
    His Excellency the Governor [Lieu Gen Ralph Darling]
    The Hon the Colonial Secretary [Alexander MacLeay]
    The Hon Colonel [Patrick] Lindesay CB [39th Regiment]
    The Minute of Proceedings at the last meeting was read and confirmed

    1– Mr Justice Stephen being in attendance upon the Council was introduced, and his Excellency the Governor laid upon the table his Honor’s (Appendix C page) Report of the Cases of Capital Convicts tried before him at the adjourned Sessions of the Supreme Court held at Campbelltown.

    Mr Justice Stephen proceeded to read the Notes of Evidence – which he had taken on the trial of the several Prisoners named in his Report and then withdraw. The Council after a full and mature deliberation upon the various circumstances affecting their respective cases, advised as follows, viz,
…
    John Unwin – Convicted of beastality [sic] with a bitch, and sentenced to suffer death. Mr Justice Stephen having expressed some doubt as to the legality of the conviction in this case, the Council advised, that the decision (?) should be deferred until the opinion of the Judges can be had upon the subject.
…
The Council was then dissolved.
[Signed] E Deas Thomson
Clerk of the Council

~ ~ ~ ~ ~ 

Justice John Stephen letter to Ralph Darling, Governor, 20 Mar 1830  ⁶ 

Copy

30/3338
Laid before the Executive Council
24 April 1830 Min. 13 I
[Initialled] EDT [E Deas Thomson, Clerk of the Council]

Sydney, 20th March 1830

Sir,
    I have the honor to acknowledge the receipt of Your Excellency’s communication of the 12th Instant respecting the case of (The King v. John Unwin) John Unwin who was convicted before me of unnatural offence at the last Circuit Court holden at Campbelltown.

    The prisoner was charged upon an Indictment charging him with an unnatural offence in carnally knowing a Bitch dog. Before the prisoner had consummated his unnatural lust he was disturbed and had not effected his purpose by seminal emission, though he had penetrated the body of the Animal.

    By the Statute 9th Geo: 4 c 31 s 18 [see below] it is enacted that it shall not be necessary in any of those cases (of which this is one) to prove the actual emissio seminis, in order to constitute a carnal knowledge, but that the carnal knowledge shall be deemed complete, upon proof of penetration only

    I directed the Jury that this Statute did not alter the nature of the Crime but only directed the mode of proof, and as there was distinct evidence that the prisoner had not effected his purpose, in consequence of his having been disturbed they ought to acquit. The Jury however found the prisoner Guilty.

    Since I had the honor of reporting the case to Your Excellency in Council I have conferred with their Honors the other Judges and they concur with me in thinking the conviction is wrong.

    I would therefore respectfully recommend to Your Excellency that the Prisoner be pardoned for this offence, and that he be detained in custody in order that a prosecution may be instituted against him for a Misdemeanour.

    I have the honor to be
    Your Excellency’s
    Most obedient and
    Most Humble Servant
(Signed) John Stephen
Judge of the Supreme court

~ ~ ~ ~ ~

[On the reverse of the above is the following]

Let the Attorney General be instructed to proceed against Unwin as recommended
[Initialled] RV
April 28

~ ~ ~ ~ ~

To be returned to
the Clerk of the Executive Council

~ ~ ~ ~ ~

Attorney General instructed accordingly
and copy this letter and (?)
29 April 1830

~ ~ ~ ~ ~

Enclosure C to NSW Executive Council, Minute No. 6, 1830 ⁷ 

    A Report of Capital cases tried before His Honor Mr Justice Stephen at the adjourned sessions of the Criminal Court holden at Campbell Town on the 20th day of January 1830
…
    John Unwin was indicted on the 27th of January for Beastiality [sic] with a Bitch. The John Unwin: prisoner was found guilty and Sentence of Death immediately passed upon him.
(Signed) John Stephen
Judge of the Supreme court

~ ~ ~ ~ ~ 

NSW Executive Council Minute, 24 Apr 1830  ⁸ 

Minute No. 13

Council Chambers
24th April 1830

Present pursuant to Summons
    His Excellency the Governor [Lieu Gen Ralph Darling]
    The Hon the Colonial Secretary [Alexander MacLeay]
    The Hon Colonel [Patrick] Lindesay CB [39th Regiment]
    The Minute of Proceedings of the last meeting was read and confirmed
…
    2.– In reference to the proceedings on the 1st February last, in the Case of (Appendix) John Unwin, convicted of an unnatural crime – His Excellency the Governor now laid before the Council a letter from His Honor Mr Justice Stephen, stating it as his opinion, in which the other Judges concurred, that the conviction in this case was right wrong – and recommending that the Prisoner be pardoned for this Offence, but that he be detained, in order that a prosecution be instituted against him for a misdemeanour, and the Council advised accordingly.
…
The Council then adjourned sine die
[Signed] E Deas Thomson
Clerk of the Council

~ ~ ~ ~ ~

Alexander MacLeay, Col Sec letter to Alexander Macduff Baxter, Attorney General, 29 Apr 1830  ⁹

52

No. 30/80

Colonial Secretary’s Office
Sydney 29th April 1830

Sir
    In transmitting you herewith the accompanying copy of a letter from His Honor Mr Justice Stephen reporting the case of the prisoner named in the Copy 20 Mar 1830 [see above] margin, (John Unwin) who was tried and found guilty before him at the late Campbell Town Circuit of an unnatural offence, and recommending that as it is his opinion that the Conviction is wrong (in which also the other Learned Judges

53

coincide) the prisoner should be pardoned for this offence, but proceeded against for a misdemeanour.

    I am directed by his Excellency the Governor to request that you will take the necessary steps for the prisoner’s prosecution accordingly.
Signed Alex MacLeay

~ ~ ~ ~ ~

Alexander Macduff Baxter, Attorney General letter to Alexander MacLeay, Col Sec, 3 May 1830  ¹⁰

30/3440 – (Pellay ?) 1830

Colonial Secretary’s Office
Castlereagh Street
3rd May 1830

Sir
    In reply to your communication dated the 29th Ultimo enclosing a copy of a letter from His Honor Mr Justice Stephen, relative to the conviction of the prisoner named in the margin (John Unwin) of an unnatural offence, recommending that the Prisoner should be pardoned for that offence, but proceeded against for a Misdemeanour; and requesting I would take the necessary steps for such prosecution. I have the honor to state for the information of His Excellency the Governor, that I shall direct the prisoner to be put on his Trial for the said Misdemeanour at the next Circuit Court at Campbell-Town.

    I have the honor to be
        Sir
    Your most obedient Servant
[Signed] Alex M Baxter
Attorney General

~ ~ ~ ~ ~

[On the reverse of the above is the following]

Read
Noted

~ ~ ~ ~ ~

Alexander Macduff Baxter, Attorney General letter to Alexander MacLeay, Col Sec, 11 Aug 1830  ¹¹

30/6082 – 11th August 1830

Colonial Secretary’s Office ¹²
Campbell Town
11th August 1830

Sir
    I have the honor to request the Prisoner named (John Unwin) in the margin (at present confined on board the Hulk) who was convicted at the last Campbell Town Circuit of an unnatural offence, but afterwards on the recommendation of His Honor Mr Justice Stephen was pardoned, and ordered to be detained for Trial for a Misdemeanour, may be immediately forwarded to this place for that purpose.

    I have the honor to be,
        Sir,
    Your most obedient servant
[Signed] Alex M Baxter
Attorney General

~ ~ ~ ~ ~

Alexander MacLeay, Col Sec letter to Alexander Macduff Baxter, Attorney General, 12 Aug 1830  ¹³

176

No. 30/141
30/6082

Colonial Secretary’s Office
Sydney 12th August 1830

Sir
    In compliance with the request contained in your letter of the 11th Instant [see above] I am directed bu HE the Governor to inform you that the Sheriff has been instructed to forward the prisoner named in the margin (John Unwin) immediately to Campbell Town for Trial for a Misdemeanour.
Signed Alex MacLeay

~ ~ ~ ~ ~ 

Depositions for John Unwin, 20 Aug 1830, Campbell Town Trial  ¹⁴ 

In the Eleventh Year of the Reign of Our Sovereign Lord George
the Fourth, by the Grace of God, of the United Kingdom of
Great Britain and Ireland, King, Defender of the Faith.

New South Wales
(TO WIT)–            }

Be it remembered, that Alexander Macduff Baxter, Esquire, His Majesty’s Attorney General for the Colony of New South Wales, who prosecutes for His Majesty in this Behalf, being present in the Supreme Court of New South Wales, now here, on the ----- Day of August in the Year of Our Lord One Thousand Eight Hundred of thirty ----- at Campbell Town in the Colony aforesaid, informs the said Court, that John Unwin late of Bringelly in the Colony aforesaid Labourer
on the twenty third Day of November in the Year of Our Lord One Thousand Eight Hundred and thirty twenty nine with force and arms at Bringelly aforesaid in the Colony aforesaid, in and upon a certain Bitch then and there being feloniously did make an assault and – the said Bitch then and there did beat wound and ill treat, with intent that detestable and abominable crime (not to be mentioned amongst Christians) called buggery with the said Bitch then and there feloniously, wickedly, diabolically and against the order of nature to commit and do – To the great displeasure of Almighty God, to the great damage of the said Bitch, against the form of the Statute in such case made and provided and against the peace of our said Lord the King his Crown and dignity.
[Signed] Alex M Baxter [AG]

~ ~ ~ ~ ~

[On reverse of the above is the following]

Misdemeanour
The King v. John Unwin
Information
Witnesses: Robert Purvis, Edward Dyde, Francis Walker, George Tribe.
August 19th 1830 Plea Not Guilty
The Attorney General came into Court and freely confess that he will not further prosecute this information.
[Signed] John Gurner

~ ~ ~ ~ ~

Depositions for John Unwin 20 Aug 1830 Campbell Town trial

In the Eleventh Year of the Reign of Our Sovereign Lord George
the Fourth, by the Grace of God, of the United Kingdom of
Great Britain and Ireland, King, Defender of the Faith.

New South Wales
(TO WIT)–            }

Be it remembered, that Alexander Macduff Baxter, Esquire, His Majesty’s Attorney General for the Colony of New South Wales, who prosecutes for His Majesty in this Behalf, being present in the Supreme Court of New South Wales, now here, on the ----- Day of August in the Year of Our Lord One Thousand Eight Hundred of thirty ----- at Campbell Town in the Colony aforesaid, informs the said Court, that John Unwin late of Bringelly in the Colony aforesaid Labourer
on the twenty third Day of November in the Year of Our Lord One Thousand Eight Hundred and thirty twenty nine with force and arms at Bringelly in the Colony aforesaid, in the Colony aforesaid in and upon a certain Bitch then and there did make an assault and did then and there wickedly diabolically and against the order of nature attempt to have a venereal affair with the said Bitch and did then and there with the said Bitch attempt to commit and perpetrate that detestable and abominable crime (not to be named among Christians) called buggery – to the great displeasure of Almighty God, against the form of the Statute in such case made and provided and against the peace of our said Lord the King his Crown and Dignity.
[Signed] Alex M Baxter [AG]

~ ~ ~ ~ ~

[On reverse of the above is the following]

29
Misdemeanour
The King v. John Unwin
Information
Witnesses: Robert Purvis, Edward Dyde, Francis Walker, George Tribe.
August 19th 1830 Plea Not Guilty
Verdict Guilty
Imprisoned for six months.
[Signed] John Gurner

  

Persons subpoenaed for John Unwin 20 Aug 1830 trial

~ ~ ~ ~ ~

Depositions for John Unwin 20 Aug 1830 Campbell Town trial

1

Court of Magistracy Bringelly 22nd December 1829
Present: Robert Lowe Esquire JP and John Coghill Esquire JP

John Unwin free by Servitude brought forward charges with having committed the Crime of Buggery:–

    Robert Purvis assigned servant to Catherine Tribe of Bringelly being duly sworn deposeth that on the ¹⁵  23 November last he was out with his pigs in the bush on his Mistress’s farm, that Sow which had lately pig’d [sic], strayed from the rest and deponent followed her home, that after returning the rest of the pigs were gone, deponent went to seek them, leaving the Sow which went homewards, that while searching for his pigs, he came across the prisoner in court on his knees in a hollow on Mr Wentworth’s farm with a dog at each side of him and a Bitch before him which he was holding with his left hand and his breeches down at the time. Deponent was about five yards from him and watched him with his privates out having connection with the Bitch for

2

at least two minutes. Deponent stamped with his feet and then went up to him when he withdraw himself from the Bitch and buttoned up his trousers, deponent observed to him it is a warm day and made no further remark but when he went home his Master and Mistress being absent he reported to the   ¹⁶   man what he had seen.
[Signed] Robert Purvis

    Edward Dyde holding a Ticket of Leave being duly sworn saith he resides in Bringelly, and has known the prisoner Unwin for 7 or 8 years, that between 4 or 5 years ago he came across the prisoner in the bush on Mr Blaxland’s land and a Bitch with him, that the prisoner whistled the Bitch down to a gully and deponent suspecting it was to hunt a bandycoot [sic] followed him, and saw the prisoner on his knees in the Creek, holding the Bitch before him with one hand under her belly, that he had his privates in his other hand against the Bitch, as if endeavouring to enter her; deponent said, Jack, [sic] what are you at, when he made no answer, appeared confused, buttoned up his trousers and let the Animal go; deponent further saith that he reported

3

the matter the same evening to his overseer on going home, and also to one Waters a fellow servant who askedndeponent if he meant to bring the matter forward when deponent said no, I am only a prisoner and the others no, will be as good as my yes.
[Signed] Edward (his X mark) Dyde. 

    Francis Walker holding a Ticket of Leave being duly sworn saith he is a settler in Bringelly and formally lived on Mr Blaxland’s farm, that he has known the prisoner five years, that about five months since the prisoner lived with deponent, that noticing he absented himself regularly every evening deponent thought it strange and one night followed him, that upon approaching him he was trying to catch a Mare belonging to George Tribe, the prisoner caught the Mare and deponent saw him standing on a tree behind the Mare, close against her tail to one side and deponent suspected he was committing an improper act with the Mare, the prisoner returned late that night and deponent said you often go to see your woman, the prisoner replied

4

no, he was card playing, and the following day he absconded from deponent’s service.
[Signed] Francis (his X mark) Walker.

    George Tribe, Settler, Bringelly being duly sworn saith that about a fortnight ago on returning home his Wife informed him that Robert Purvis had reported amongst the men that he had caught the prisoner John Unwin in an improper act that upon questioning him afterwards Purvis told deponent he had caught the prisoner in an improper act with a Bitch, deponent then brought Purvis before the Bench to give evidence against the prisoner.
[Signed] George (his X mark) Tribe.

    The Prisoner denies the Charge and is fully committed to take his trial at the Criminal Court for Buggery.
[Signed] Robert Moe JP for the Bench

~ ~ ~ ~ ~

[On the reverse of the above (1-4) is the following]

The King
against          } Deposition
John Unwin
In this case the prisoner was convicted of the capital charge but got off on a point reserved for the three judges.
[Signed] Alex M Baxter, [AG].
20th August 1830 tried at Campbell Town before the Chief Justice assault with intent to commit an unnatural crime. Guilty.
[Signed] Alex M Baxter, [AG].

~ ~ ~ ~ ~

In the Eleventh Year of the Reign of
Our Sovereign Lord George the Fourth,
by the Grace of God, of the United
Kingdom of Great Britain and Ireland,
Defender of the Faith.

New South Wales
(TO WIT)–            }

Be it remembered, that Alexander Macduff Baxter, Esquire, His Majesty’s Attorney General for the Colony of New South Wales, who prosecutes for His Majesty in this Behalf, being present in the Supreme Court of New South Wales, now here, on the twelfth Day of August in the Year of Our Lord One Thousand Eight Hundred of thirty at Campbell Town in the Colony aforesaid, informs the said Court, that John Unwin late of Bringelly in the Colony aforesaid Labourer on the twenty-third Day of November in the Year of Our Lord One Thousand Eight Hundred and thirty twenty nine with force and arms at Bringelly aforesaid in the Colony aforesaid, in and upon a certain Bitch then and there being feloniously did make an assault on the said Bitch then and there did beat wound and ill treat, with intent that detestable and abominable crime (not to be named amongst Christians) called buggery withe said Bitch then and there, wickedly, diabolically and against the order of nature to commit and do – To the great displeasure of Almighty God to the great damage of the said Bitch, against the form of the Statute in such case made and provided and against the peace of our said Lord the King his Crown and dignity.
[Signed] Alex M Baxter, [AG].

~ ~ ~ ~ ~

[On reverse of the above is the following]

    Witnesses: Robert Purvis, Edward Dyde, Francis Walker and George Tribe. August 19th 1830 Plea Not Guilty. The Attorney General comes into Court and freely confesses that he will not further prosecute this information.
[Signed] John Gurner.

~ ~ ~ ~ ~

In the Eleventh Year of the Reign of
Our Sovereign Lord George the Fourth,
by the Grace of God, of the United
Kingdom of Great Britain and Ireland,
Defender of the Faith.

New South Wales
(TO WIT)–            }

Be it remembered, that Alexander Macduff Baxter, Esquire, His Majesty’s Attorney General for the Colony of New South Wales, who prosecutes for His Majesty in this Behalf, being present in the Supreme Court of New South Wales, now here, on the twelfth Day of August in the Year of Our Lord One Thousand Eight Hundred of thirty at Campbell Town in the Colony aforesaid, informs the said Court, that John Unwin late of Bringelly inthe Colony aforesaid Labourer on the twenty-third Day of November in the Year of Our Lord One Thousand Eight Hundred and thirty twenty nine with force and arms at Bringelly in the Colony aforesaid, in the Colony aforesaid in and upon a certain Bitch then and there being did make an assault and did then and there wickedly diabolically and against the order of nature attempt to have a venereal affair with the said Bitch and did then and there with the said Bitch attempt to commit and perpetrate that detestable and abominable crime (not to be named among Christians) called buggery to the great displeasure of Almighty God, against the form of the Statute in such case made and provided and against the peace of our said Lord the King his crown and Dignity.

[Signed] Alex M Baxter, [AG].

~ ~ ~ ~ ~

[On reverse of the above is the following]

The King against John Unwin
Information
Witnesses: Robert Purvis, Edward Dyde, Francis Walker and George Tribe. August 20th 1830 Plea Not Guilty–
Verdict Guilty – Imprisoned for six months.
[Signed] John Gurner.

~ ~ ~ ~ ~

The Sydney Gazette and New South Wales Advertiser, Tue 2 Feb 1830  ¹⁷  

CAMPBELL TOWN ASSIZES
Wednesday

    – [John] Unwin was indicted for a detestable crime. Verdict – Guilty. Death Recorded.

~ ~ ~ ~ ~

The Australian, Wed 3 Feb 1830  ¹⁸ 

    On Wednesday, a man named [John] Unwin, indicted for a heinous and disgusting offence, was found guilty,and had judgment of death recorded;

~ ~ ~ ~ ~

The Sydney Gazette and New South Wales Advertiser, Thu 26 Aug 1830  ¹⁹   

CAMPBELL TOWN ASSIZES

    We have been favoured with the following complete list of prisoners tried before the Honourable the Chief Justice, [Dowling] at the adjourned Sessions of the Supreme Court, held at Campbell Town
…

FRIDAY, 20th. [August 1830]

…

    John Unwin, was indicted for a misdemeanor [sic], in attempting to commit an unnatural crime—Guilty. To be imprisoned for 6 months.

    [One of the few statements of the law, see below, on this issue was made in 1830, by Justice Dowling, in the case Unwin.]

~ ~ ~ ~ ~

Justice J Dowling's Notebook  ²⁰ 

Rex v. Unwin

    The 9 G 4. C. 31. s. 18 does not make any alteration in the nature of the crime of Buggery. Therefore wherea prisoner penetrated the body of a Bitch dog but was disturbed before he sated his lust Held that he could notvbe capitally convicted.

~ ~ ~ ~ ~

British statute (9 G 4. C. 31. ss. 15-18) of 1828 reads as follows:– {tip The 9th year of the reign of George the 4th, chapter (Statute number) 31, ss. 15-18 of the Act. The Statutes of the United Kingdom of Great Britain and Ireland, 9 George IV. 1828. His Majesty’s Statute and Law Printers, London, 1828, p. 105.} ²¹ {/tip}

XV  And be it enacted, That every Person convicted of the abominable Crime of Buggery, committed either with Mankind or with any Animal, shall suffer Death as a Felon.

XVI  And be it enacted, That every Person convicted of the Crime of Rape shall suffer Death as a Felon.

XVII  And be it enacted, That if any Person shall unlawfully and carnally know and abuse any Girl under the Age of Ten Years, every such Offender shall be guilty of Felony, and being convicted thereof, shall suffer Death as a Felon; and if any Person shall unlawfully and carnally know and abuse any Girl, being above the Age of Ten Years and under the Age of Twelve Years, every such Offender shall be guilty of a Misdemeanor, and being convicted thereof, shall be liable to be imprisoned with or without hard Labour, in the Common Gaol or House of Correction, for such Term as the Courtshall award.

XVIII  ‘And Whereas upon Trials for the Crimes of Buggery and of Rape, and of carnally abusing Girls under the respective Ages herein before mentioned, Offenders frequently escape by reason of the Difficulty of the Proof which has been required of the Completion of those several Crimes;’ for Remedy thereof be it enacted, That it shall not be necessary, in any of those Cases, to prove the actual Emission of Seed in order to constitute a carnal Knowledge, but that the carnal Knowledge shall be deemed complete upon Proof of Penetration only.

 

---

¹   SRNSW: NRS938, [4/3499], Col Sec, Letters sent within the colony, 25 Jul1818-27 Feb 1819, pp. 166-7, R6006.

²   SRNSW: NRS898, [4/1716.1], Col Sec, Special bundles 1794-1825, pp. 9-10, R6027.

³   SRNSW: NRS906, [4/6671], Col Sec, Special Bundles 1826-1982, (Parramatta), p. 50, R6023. Only relevant parts copied.

⁴   SRNSW: NRS880, [SC T30], 30/40, Supreme Court, Papers and depositions, 1830. The other file, CP T144, 15, for this case could not be located at SRNSW.

⁵   SRNSW: NRS4232, [4/1516], Executive Council, Minute books, Minute 6, 1 Feb 1830, pp. 284-6 , R2436.

⁶   SRNSW: NRS905, [4/2072], (30/3338), Col Sec, Main series letters received 1826-1982. The same letter is also found at: SRNSW: Copies of semi-official letters and opinions of Chief Justice Dowling, 1828-1840, NRS5867, 2/3471, pp. 21-2.

⁷   SRNSW: NRS4234, [4/1440], Executive Council, Appendices to Minutes, 1825-48, pp. 89-90.

⁸   SRNSW: NRS4232, [4/1516], Executive Council, Minute books, Minute 13, 24 Apr 1830, pp. 314-6, R2436.

⁹   SRNSW: NRS976, [4/3738], Col Sec, Letters sent to judicial establishment, 1 Mar 1830-30 Jun 1831, pp. 52-3, R625.

¹⁰  SRNSW: NRS905, [4/2073], (30/3440), Col Sec, Main series letters received 1826-1982.

¹¹  SRNSW: NRS905, [4/2079], (30/6082), Col Sec, Main series letters received 1826-1982.

¹²  Mn: Write to the Sheriff accordingly – Immediate. (forwarded ?) The Sheriff [and] Mr Baxter 12 August 1830.

¹³  SRNSW: NRS976, [4/3738], Col Sec, Letters sent to judicial establishment, 1 Mar 1830–30 Jun 1831, p. 176, R625.

¹⁴  SRNSW: NRS880, [SC T31], 30/235; SRNSW: NRS880, [CP T146], 29, Supreme Court, Papers and depositions, 1830. Emphasis added. 

¹⁵  Mn: 23rd Nov 1828

¹⁶  Mn: George Tribe the last witness

¹⁷  The Sydney Gazette and New South Wales Advertiser, Tue 2 Feb 1830, p. 2.

¹⁸  The Australian, Wed 3 Feb 1830, p. 3.

¹⁹  The Sydney Gazette and New South Wales Advertiser, Thu 26 Aug 1830, p. 3.

²⁰  SRNSW: NRS5869, [2/3462], Judiciary, J Dowling, CJ. Notebooks Proceedings of the Supreme Court of NSW, 1828-44, p. 288.

²¹  The 9th year of the reign of George the 4th, chapter (Statute number) 31, ss. 15-18 of the Act. The Statutes of the United Kingdom of Great Britain and Ireland, 9 George IV. 1828. His Majesty’s Statute and Law Printers, London, 1828, p. 105.

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