The Australian, Fri 3 Feb 1832 1
Calendar of Prisoners for Trial
At the Assizes, commencing 1st February, 1832.—Wednesday, 1st February.
…
Michael Connolly, beastiality. [sic]
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Depositions for Michael Connolly, 3 Feb 1832, Sydney Trial 2
1
In the Second Year of the Reign of
Our Sovereign Lord WILLIAM 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 John Kinchela, Esquire, Doctor of Law, 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 First Day of February in the year of Our Lord One thousand eight hundred and thirty two at Sydney, in the Colony aforesaid, informs the said Court that Michael Connolly [aka Connelly] late of Port Stephens in the Colony aforesaid, Labourer on the Tenth Day of December in the year of Our Lord One thousand eight hundred and thirty one with force and arms at Port Stephens aforesaid in the Colony aforesaid, feloniously, wickedly, and against the order of nature, had a venereal affair with a certain bitch dog then and there being and then and there feloniously did carnally know the said bitch dog and then and there, feloniously, wickedly, and against the order of nature, with the said bitch dog did commit and perpetrate the abominable crime of buggery to the great displeasure of Almighty God
2
to the great scandal and disgrace of the human kind against the forms of the Statute in such case made and provided and against the Peace of our said Lord the King, his Crown and Dignity.
[Signed] John Kinchela, Atty. General.
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[On the reverse of the above (1-2) is the following]
9 Beastiality [sic]
The King v. Michael Connolly.
Information
Witnesses: Thomas Simes, Henry Johnson.
February 1st 1832. Plea Not Guilty.
[Signed] J Gurner
February 3rd 1832, Verdict Guilty
[Signed] J Gurner
February 20th 1832, Sentence of Death passed on the Prisoner.
[Signed] John Gurner
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Enclosure H to NSW Executive Council Minute No. 6, 1832 3
211
Report of the Capital cases of prisoners
tried before John Stephen Esquire,
Assistant Judge of the Supreme Court
at the Criminal Sessions holden at
Sydney from the 1st to the 20th February
1832 inclusive.
…
214
The King v. Michael Connelly: The Prisoner Michael Connelly was tried before me at Sydney on the 3rd instant for feloniously having a Venereal Affair with a bitch Dog at Port Stephen on the 10th day of Decemberlast [1831]. –
It appeared from the evidence that the prisoner enticed a bitch towards him and took her in his Arms and ran to the back of the Public-house. – That he was immediately followed and found lying on his side with his Trowsers down and one of his Arms under the body of the bitch and his Penis in her private parts. – The prisoner called a witness in his defence. And the Jury found him guilty and on the 20th instant I passed sentence of Death upon him.–
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NSW Executive Council Minute, 25 Feb 1832 4
Minute No. 6
Council Chambers
Saturday, 25th February 1832
Present pursuant to Summons
His Excellency the Governor [Richard Bourke KCB]
The Hon Colonel [Patrick] Lindesay [Member of the Legislative Council]
The Venerable the Archdeacon [William Grant Broughton, MA]
The Hon the Colonial Secretary [Alexander Macleay]
The Hon the Colonial Treasurer [Campbell Drummond Riddell]
The Minute of proceedings at the last meeting was read and confirmed.
…
Capital Cases: 4 – His Excellency the Governor laid upon the table the respective Reports [see Enclosure above] of their Honors the Judges of the Supreme Court of the cases of Capital Convicts tried before them at the present criminal Sessions of the Supreme Court. The Chief Justice, Mr Justice Stephen and Mr Justice Dowling were severally introduced, and explained to the Council the circumstances affecting the cases of the Prisoners tried before each, and the Council having attentively and maturely considered their respective cases, as well as those reported to the Council 18th instant by Mr Justice Dowling, advised as follows – viz
…
Michael Connolly – Convicted of beastiality. That the sentence of death passed upon him be commuted to transportation to Norfolk Island for Twenty one years.
…
The Council then adjourned.
[Signed] E Deas Thomson, Clerk of the Council
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The Sydney Herald, Mon 27 Feb 1832 5
LAW INTELLIGENCE
SUPREME COURT.– CROWN SIDE
Monday.– [20 Feb 1832] The three judges took their seats in banco this morning.
SENTENCES
The Solicitor General [John Hubert Plunkett] prayed the judgment of the Court upon the following prisoners.–
…
Michael Connolly, convicted of an unnatural crime, Death recorded.
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Alexander Macleay, Col Sec letter to Thomas Macquarie, Sheriff, 16 Mar 1832 6
No. 32/76
Colonial Secretary’s Office
Sydney 16 March 1832
Sir
7 I am transmitting to you the accompanying List of Prisoners under Sentence to Norfolk Island. I am directed by His Excellency the Governor to request that you will immediately embark the whole on board the Governor Phillip taking care that they are all properly ironed.
…
Michael Connolly Guildford
…
[Signed] Alex M’Leay
1 The Australian, Fri 3 Feb 1832, p. 3.
2 SRNSW: NRS880, [SC T33], 32/6; SRNSW: NRS880, [CP T152], 9, Supreme Court, Papers and depositions, 1832.
3 SRNSW: NRS4234, [4/1441], Executive Council, Appendices to minutes, 1825-48, pp. 211, 214. Chief Justice Stephen’s 1832 notebooks could not be located at SRNSW.
4 SRNSW: NRS4232, [4/1517], Executive Council Minute books, Minute 6, 25 Feb 1832, pp. 442, 449, 458, R2436.
5 The Sydney Herald, Mon 27 Feb 1832, p. 3. Emphasis added.
6 SRNSW: NRS1000, [4/3897], Col Sec, Copies of letters to the Sheriff, pp. 381-4, R1062. Only relevant parts have been copied.
7 Mn: 43 Under sentence. 6 Returned (?). 1 Volunteer constable.