Newcastle Despatch and Northern Counties General Advertiser, Wed 8 Dec 1880 1
Henry Gimber and James Wilson, charged before the Newcastle bench yesterday with having perpetrated an unnatural offence, were committed for trial at the next Maitland Circuit Court. The principal witness, Croft, through whose instrumentality the beasts were brought to book, was highly complimented by the bench.
~ ~ ~ ~ ~
Newcastle Morning Herald and Miners’ Advocate, Wed 8 Dec 1880 2
NEWCASTLE POLICE COURT.
TUESDAY, DECEMBER 7th, 1880.
(Before Mr [James] Buchanan, PM., and Captain O’Sullivan, JP.)
…
BESTIALITY.– [sic] Henry Gimber, 20, and James Wilson, who gave his age as 55, but whose silvery locks indicated at least another ten summers, both sailors, were charged with having committed a gross offence against nature on the cliffs near the scene of the late wreck of the City of Newcastle, on the previous afternoon. The case was heard with closed doors, and the facts adduced were altogether of too disgusting a nature to recapitulate. The evidence of Senior-constable Griffiths, of the W[ater] Police, Edward Tindall, a miner residing at the Glebe, and James Croft, a resident of Tighes Hill, was taken; Tindall and Croft having been eyewitnesses of the crime. Both prisoners were fully committed for trial at the Maitland Circuit Court, to be held in April next. The evidence of Croft was given in most straightforward manner, and shewed that entirely through his instrumentality prisoners were brought to justice, he having (although suffering greatly from sickness) followed both of them into town over the steep cliffs, and eventually run them to earth with the police at their boarding house. Their Worships warmly expressed their appreciation of his conduct, and pointed out in eulogistic terms the duty he had fulfilled as a respectable citizen in ridding society of two such characters.
~ ~ ~ ~ ~
Depositions for Henry Gimber and James Wilson 21 Apr 1881 Maitland trial 3
(M., 11 & 12 Vic., Cap. 42.)
Depositions of Witnesses.
New South Wales, City of Newcastle,
TO WIT. }
Regina v. Henry Gimber and James Wilson Sodomy
The examination of Lewis Griffiths of Newcastle in the Colony of New South Wales, Senior Constable, Edward Tindall of The Junction Newcastle Miner, and James Croft of Tighes Hill, in the said Colony, Labourer. Taken on oath, this 7th day of December in the year of Our Lord one thousand eight hundred and eighty at Newcastle in the Colony aforesaid, before the undersigned, and Timothy O’Sullivan, Esquire two of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of Henry Gimber and James Wilson who are charged this day before us, for that they the said Henry Gimber and James Wilson, on the 6th day of December instant at Newcastle in the said Colony, feloniously, wickedly and against the order of Nature did commit and perpetrate the abominable crime of buggery
2
PC1225-6/80
Regina v. Henry Gimber and James Wilson Sodomy
Lewis Griffiths on his oath saith I am a Senior Constable in the Police Force of New South Wales stationed at Newcastle. Between 4 and 5 o’clock yesterday afternoon from information I received from a man named Tindall and a man named Croft, I went with them in search of the two prisoners.
3
I went to Sullivan’s Boarding House. I saw Wilson sitting inside the door reading a newspaper, Gimber was inside. I brought them both to where Tindall was standing where he charged them with committing an unnatural offence on that day near a place called The Reef at the end of Shepherd’s Hill. Wilson said he had done nothing only skylarking and Gimber made no reply. I brought them to the
4
lock up and locked them up on the charge.
[Signed] Lewis Griffiths
Taken and sworn before us at Newcastle the 7th day of December AD 1880.
James Buchanan, PM.
5
Edward Tindall on his oath saith I am a Miner and live at The Junction. Yesterday afternoon I was on the cliffs at a place opposite The Junction. I saw the 2 prisoners now before the Court lying on the grass, the young one Gimber was lying face downwards his backside was bare, the old man (Wilson) was on top of him. I walked past them and then stood a short time and watched their movements
6
and then went up to them and said “Hello, what game’s this?” Wilson said “Nothing we are only having a bit of fun.” He said “We have been down bathing and we did not fasten our clothes up right.” I said to him “What is that upon your pants?” He said “Nothing, only a little wet.” Just at that time a man named Croft came up to whom I told what I had seen. I said to the prisoners “I’ll have you
7
locked up.” They said they were only having a bit of fun. I then asked Wilson to show me his privates, which he did in the presence of Croft. I saw there was a dampness there. The prisoners then went away. I afterwards went with Croft and Senior Constable Griffith to look for the prisoners. The Constable brought the prisoners to me and I identified them both and gave them in charge for committing and unnatural offence.
8
They were a minute in the first position I saw them before I spoke to them. When I first saw them Wilson had his trousers open in the front when he was on top of Gimber. I saw very little motion from Wilson, I did not see his privates then. They had all their clothes on. Gimber’s trousers were down and his person exposed. There seemed to be a discharge on Wilson’s pants. I have no doubt there [sic] was of his semen. I could not say that Wilson’s person
9
was inserted into Gimber’s. The old man Wilson said “Forgive me this time and offered me 5 shillings.” I said to him “What do you want me to forgive you when you say you’ve done nothing?” Croft was present when this occurred and said “We will have them locked up.” I took the 5 shillings.
By the prisoner Wilson: “I did not say to give me money and I would let you go.”
By the prisoner Gimber: I did not call you back and ask you or Wilson for
10
money. I did not ask a long time before Croft came (at ?) what was on Wilson’s pants.
[Signed] E Tindall.
Taken and sworn before us at Newcastle the 7th day of December 1880.
[Signed] James Buchanan, PM and Timothy O’Sullivan, JP.
11
James Croft on his oath saith I am a Labourer and live at Tighes Hill. On yesterday afternoon between 3 o’clock and 5 o’clock I saw the prisoners near the Bar on the hill not far from The Junction. I saw Edward Tindall there, the prisoners seemed to be in the act of getting on their feet off the ground, the back of the trousers of the young man Gimber were down. The other prisoner seemed to be arranging the front
12
of his dress. Tindall was talking to them in a loud voice. I had a child with me and told it to go on home without me. Wilson seemed to be pulling his clothes up, arranging his trousers in front. Gimber’s trousers were down behind and he was pulling them up quickly. Tindall said to me “What do you think of this?” I said “It looks very strange, what have they been doing?” He said “They have been committing an unnatural
13
offence.” I said “I thought there was something wrong when I saw them.” I then offered to assist Tindall in taking the prisoners to Lake Macquarie Road Police Station. He said he thought it was no use as he was the only one that saw the crime committed. Tindall called my attention to Wilson’s trousers. He said to see what this man has been doing. Wilson’s trousers were wet from the fork down to the knee
14
in spots, they were asking to be allowed to go away, protesting their innocence. Gimber afterwards said “We have done it and I hope you will let us off this time.” Tindall was inclined to let them go, but I said not and said I would assist him to take them. I told Tindall that after the confession of the younger prisoner Gimber that it was our duty to take them. Tindall then insisted upon the older man Wilson showing his person to prove
15
he committed the crime. He did not seem to understand and produced his purse. Tindall said “I do not want your purse, I want to see your person.,” at the same time touching it with his stick. “Pull it out and let us look at it.” Wilson exposed his person. The top of his penis was wet and there was dirt about it. I again told Tindall that I thought it was his duty to give them in charge. The prisoners went away. Tindall
16
hailed them. They stopped and the old one gave Tindall 5 shillings. Tindall said if he saw the two in Newcastle streets he would give them in charge. The prisoners ran along the road. I followed them in to Newcastle and told the Police about it. Senior Constable Griffith, Tindall and myself found the prisoners in a house. We gave them in charge and they were locked up.
By the Bench: When Tindall got the 5 shillings from Wilson he said
17
“What do you give me this for?” Wilson said “To say nothing about it, and I promise never to come on the hill again.” I said to Tindall “What you have done is very wrong”, and he said “That was a hold on them and that it was a confession of their guilt.” I am quite certain that the younger prisoner said to me “We have done it, and I promise never to come on the hill any more.” The old man was protesting his innocence and saying that they
18
were only playing. During this confession Gimber addressed himself to Tindall when he made this statement.
By the prisoner Wilson: When I came up I saw you with the purse in your hand. Tindall asked what money he had, he said 5 shillings. Tindall said “Give it to me” and said “what do you give me this for?, you said to say nothing about it and that you would not come on the hill any more.”
By the prisoner Gimber: I did not hear Tindall ask Wilson
19
what money he had in his pocket. When I first saw you, your hind parts were all bare.
By the Bench: When I say the old man’s private parts were dirty they were slimy. I believe it was his semen and part was on the other prisoner, on the inside of his trousers.
[Signed] James Croft
Taken and sworn before us at Newcastle the 7th day of December 1880.
[Signed] James Buchanan, PM and T O’Sullivan, JP.
20
(N., 11 & 12, Vic., Cap. 42.)
Statement of the Accused.
New South Wales, City of Newcastle,
TO WIT. }
Regina v. Henry Gimber and James Wilson, Sodomy
James Wilson stands charged before the undersigned and Timothy O’Sullivan Esquire two of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 7th day of December in the year of Our Lord one thousand eight hundred and eighty for that he, the said James Wilson on the 6th of December instant at Newcastle, in the said Colony, did feloniously commit the abominable crime of buggery wit one Henry Gimber 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 James Wilson, and the witnesses for the prosecution Lewis Griffiths, Edward Tindall and James Croft being severally examined in his presence, the said James Wilson is now addressed by me as follows:– “Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in writing and may be given in evidence against you upon your trial;” whereupon the said James Wilson saith as follows:– “I say nothing.”
Taken before me, at Newcastle, in the said Colony, the day and year first abovementioned.
[Signed] J Buchanan, PM.
21
(N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales, City of Newcastle,
TO WIT. }
Regina v. Henry Gimber and James Wilson Sodomy
Henry Gimber stands charged before the undersigned and Timothy O’Sullivan Esquire two of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 7th day of December in the year of Our Lord one thousand eight hundred and eighty for that he, the said Henry Gimber on the 6th day of December instant at Newcastle, in the said Colony, did feloniously commit the abominable crime of buggery with one James Wilson 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 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 Henry Gimber, and the witnesses for the prosecution Lewis Griffiths, Edward Tindall, and James Croft being severally examined in his presence, the said Henry Gimber is now addressed by me as follows:– “Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in writing and may be given in evidence against you upon your trial;” whereupon the said Henry Gimber saith as follows:– “I say nothing.”
Taken before me, at Newcastle, in the said Colony, the day and year first abovementioned.
[Signed] J Buchanan, PM.
22
The prisoners are committed to take their trial at the next Court Circuit Court to be holden at Maitland at such time as may be after hereafter appointed.
[Signed] J Buchanan, PM and T O’Sullivan, JP.
Date appointed in Gazette Wednesday the 20th day of April 1881.
[Signed] J Buchanan, PM.
~ ~ ~ ~ ~
(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to Give Evidence.
New South Wales, City of Newcastle,
TO WIT. }
Regina v. Henry Gimber and James Wilson Sodomy
Be it remembered, that on the 7th day of December in the year of Our Lord one thousand eight hundred and eighty Lewis Griffiths a Senior Constable of the Police Force, stationed at Newcastle in the Colony of New South Wales, Edward Tindall of The Junction of Newcastle in the said Colony, Miner and James Croft of Tighes Hill in the said Colony, Labourer personally came before the undersigned, one of Her Majesty’s Justices of the Peace for the Colony of New South Wales, and acknowledged themselves to owe our Sovereign Lady the Queen the sum of
FORTY POUNDS EACH,
of good and lawful money of Great Britain, to be made and levied on their Goods and Chattels, Lands and Tenements, to the use of our said Lady the Queen, her Heirs and Successors, if they the said before mentioned persons shall fail in the condition indorsed. Taken and acknowledged, the day and year first abovementioned, at Newcastle in the said Colony, before me.
[Signed] J Buchanan, PM.
The condition of the within written Recognizance is such, that whereas Henry Gimber and James Wilson were this day charged before James Buchanan and Timothy O’Sullivan Esquires, two of Her Majesty’s Justices of the Peace for the said Colony, with feloniously committing the abominable crime of buggery at Newcastle on the 6th day of December 1880. If there, they the before mentioned persons shall appear at the next Court of Assizes to be holden at Maitland, in and for the Colony of New South Wales, on Wednesday the 20th day of April next, at nine of the clock in the forenoon, and then and there give such evidence as they know, upon an information to be then and there preferred against the said Henry Gimber and James Wilson for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Henry Gimber and James Wilson then the said Recognizance to be void, of else to stand in full force and virtue.
[Signed] J Buchanan, PM.
~ ~ ~ ~ ~
[On the depositions’ cover sheet is the following]
Maitland Circuit Court
20th April 1881
No. 243
Depositions.
Regina No. 2
v.
Henry Gimber
and
James Wilson
Sodomy
See within [initialled] R[obert] W[isdom, AG]
Committed at Newcastle
on 7th December 1880
~ ~ ~ ~ ~
Sodomy
[Initialled] RW AG
7/1/81
~ ~ ~ ~ ~
Justice WC Windeyer’s Notebook 4
141
[21st April 1881]
James Wilson & Henry Gimber – Buggery – 6th December 1880
Lewis Griffith. 5 Senior Constable in Water Police at Newcastle. Between 4 & 5 on (afternoon ?) of 6th I arrested (prisoners ?) in (sailor’s ?) boarding house in (Scott ?) Street. Charged them with committing unnatural offence. Wilson said they were only having a lark. Gimber said nothing.
Edward Tyndale. 6 A miner. On the (Monday ?) 6th December (?) was walking about cliffs near the Junction (at ?) Newcastle. (Saw ?) the two prisoners. (I ?)
142
was going along Shepherd’s Hill. Saw the two men. The young man was (kneeling ?) down on the ground & his (pants ?) down & (the old ?) man on top with his (pants ?) down. I went up & said What sort of game is this. He said we are just having a bit of fun. I said Don’t be (inconsistent ?) I know what your fun is. I said what is that on your pants, pointing to a discharge on (them ?). He wiped it off & said it is only a little wet. I said I know what it is on (this ? you ?) Croft came up. (He ?) wiped it off. It was semen. I drew Croft’s attention to it saying what do you think of this (case ?) He said I
143
saw them in the distance pulling their clothes up. I thought there was something going on wrong. I said I will have you locked up. The old man said again we were just having a bit of fun. I said let’s see your person. He pulled out his (money ?) (purse ?) & said I (have ?) 5/- & some (farthings ?) & said he (was ?) a (sailor ?) – I said not your purse your penis. He pulled it out. It was slimy, (top ?) wet (?) I went & got a constable.
Cross-examined Gimber. I (went ?) (?) & came up (upon ?) them & said what do you think of yourselves. He then gave me 5/- & said let (me ?) go away. Just as he was (handing ?) (it ?) to me Croft came up (and ?) (he ?) (saw ?)
144
them. I said what are you giving me this 5/- for. He said to let us clear out (of ?) (it ?) the hill. I said (now ?) that is (an ?) (?) to your (crime ?). 7 You say you have done nothing & with that they went away (?). I did not ask for money. Prisoners were both together. I did not ask you for money. I took the 5/- & said it was (?) (?) of his crime & Croft (saw ?) me (taking ?) (that ?) it.
James Croft. Labourer at Tighes Hill. Remember 6th December was walking with little boy, coming from beach. On (edge ?) of the hill saw the two (men ?) on the ground, younger man on his hands & knees & old
145
man a (straddle ?) over him. Trowsers of both were down. They were (buttoning ?) up when I came up. Tyndale was coming up to them with a stick in his (hand ?) & caught hold of old man & said what kind of work is this. I went towards prisoners. Tyndale said (what ?) (do ?) (you ?) think of this. I said it looked very curious. I did not know what to think of it. I (wished ?) to take them in charge at once. He said I do not think it would be any (use ?) as you say you did not see the actual offence & my word would not be sufficient. Tyndale pressed them to confess. They did not. Tyndale insisted on the old man (exposing ?) (him ?). He did so.
146
I saw slime on his penis. They went away & Tyndale in same direction. I saw (them ?) stop & I walked up & old man was handing 5/- to him. I said I did not think it was right to take the 5/-, that I thought he might be (?) give them in charge. He said he would hold it as evidence of his guilt. He ordered (them ?) off the hill & said he would give them in charge if he (saw ?) them again. I followed (them ?) & gave them in charge.
Cross-examined Gimber.
For Defence.
Simpson Williamson A prisoner in (confinement ?) (in ?) Maitland Gaol.
147
I was on the hill one night with a young woman & he came & stuck me up on the hill. He wanted to take the young woman from me & I would not let him & we fought over it & I saw a pair of night opera glasses in his hand.
Cross-examined. I don’t know whether he knew the girl. He did not inform about me. Gimber told me Tyndale was his prosecutor. He did not stick me up for money.
Verdict Guilty of attempt against both prisoners.
April 22nd
Sentence 12 months Hard Labour in Maitland Gaol.
~ ~ ~ ~ ~
Newcastle Morning Herald and Miners’ Advocate, Fri 22 Apr 1881 8
MAITLAND CIRCUIT COURT.
(From our own reporters.)
The sittings of the Maitland Circuit Court opened yesterday at the Court House, East Maitland, before his Honor Judge Windeyer. Mr Rogers acted as Crown Prosecutor, and Mr Gibson as Clerk of Arraigns. The members of the Bar present were Messrs Rogers, Pitcairn, and Heydon. The attorneys present were Messrs RW Thompson, O’Keefe, JA Gorrick, Chambers. RGD Fitzgerald. The Sheriff, Mr Charles Cowper, accompanied his honor on the Bench.
His Honor took his seat at 10 am, and after the formal declarations and empanelling of jurymen, the following cases were proceeded with:–
…
SODOMY.
James Wilson, an aged man, and Henry Gimber, a young seaman, were charged with this offence. Particulars of the case have already been reported; the charge being sustained by senior-constable Griffiths, of the Water Police, Edward Tindall, a Glebe miner, and James Croft, banks-man at the Ferndale Colliery. Wilson had nothing to say, but Gimber attempted to exonerate himself by a written statement and tendering of certificates as to previous good character, also by calling upon a fellow prisoner, named Simpson Williamson, to endeavour to cast a stain upon the character of Tyndall [sic], in which he significantly failed; Williamson having no charge to make. The jury, as directed by the Crown, found verdict of attempting to commit the offence, and sentence was deferred until this (Friday) morning.
The Court will resume its sittings at 9.30 am instead of 10 o’clock this day.
~ ~ ~ ~ ~
The Maitland Mercury and Hunter River General Advertiser, Sat 23 Apr 1881 9
MAITLAND CIRCUIT COURT.
The April sittings of the Maitland Circuit Court was commenced at East Maitland, before his Honor Mr Justice Windeyer, on Thursday [21 April] morning. Mr C Cowper, Sheriff, was in attendance. Mr FW Gibson was the Judge’s Associate. Mr FE Rogers prosecuted for the Crown. Mr CG Heydon and Mr R Pitcairn were the other members of the bar present.
The Associate read the Queen’s proclamation against vice and immorality. The names of the jury were then called over, and responded to.
…
SODOMY.
James Wilson and Henry Gimber were arraigned on the above charge. The Crown Prosecutor, in stating the case, pointed out that it would be safer to find them guilty of the attempt. He called the following witnesses:– Constable Lewis Griffiths, Edward Tindall, and James Croft, who deposed to the position the men were in, and other particulars which were to prove the commission of the offence.
At the request of prisoners a written statement was read, which was to the effect that they were taking a walk on the [Tighes] hill, and were sitting down in conversation, when Tindall came up and spoke to them; while he was speaking Croft passed and (?) Tindall asked them for money, saying he was hard up, and at last Gimber gave him 5s to get rid of him. Afterwards the police came to his lodging house, and said he was wanted. (He ?) believed Tindall was in the habit of trying to extort money from people, and was in the habit of taking a night opera glass on the hill to observe young people. Both Tindall and Croft denied the statements made in paper. The prisoner Gimber said there was a prisoner in gaol who could give some evidence. This prisoner, Simpson Williamson was sent for, but all he knew of Tindal was that about 15 months ago he came up to him on the (hill ?) and wished to take a girl from him, and they had (a ?) fight over the girl. He never made any charge against him.
His Honor summed up.
The jury, without retiring, brought in a verdict (of ?) guilty of the attempt.
The prisoners were remanded for sentence till the following morning.
The Court adjourned at a quarter past six till (half ?) past nine on Friday morning.
~ ~ ~ ~ ~
Newcastle Morning Herald and Miners’ Advocate, Mon 25 Apr 1881 10
LOCAL & GENERAL
…
MAITLAND CIRCUIT COURT.
The following sentences were recorded by Judge Windeyer at the Maitland Circuit Court, on Friday:– Joseph Walton, horse stealing, three years’ hard labour; James Wilson and Henry Gimber, attempt at sodomy, twelve months’ hard labour; John McDonald, keeper of a bawdy house in Newcastle, who had been sentenced to twelve months’ imprisonment on the previous day, was again brought up, and hard labour added to his sentence; John Hain, for perjury, was sentenced to two years hard labour; David Morgan, carnally knowing a female child under 10 years of age, acquitted; Mary Dunar, forgery and uttering, not guilty and discharged.
~ ~ ~ ~ ~
The Maitland Mercury and Hunter River General Advertiser, Tue 26 Apr 1881 11
MAITLAND CIRCUIT COURT.
FRIDAY, APRIL, 22, 1881.
The Court re-opened at half-past nine. In Addition to the barristers present the previous day, Mr FW Meymott was also in attendance.
SENTENCES.
…
James Wilson and Henry Gimber, who had been found guilty of an attempt to commit sodomy, were each sentenced to twelve months’ hard labour in Maitland gaol.
1 The Newcastle Despatch and Northern Counties General Advertiser, Wed 8 Dec 1880, p. 3.
2 Newcastle Morning Herald and Miners’ Advocate, Wed 8 Dec 1880, pp. 2-3. Emphasis added.
3 SRNSW: NRS880, [9/6674], Supreme Court, Papers and depositions, Maitland, 1881, No. 243. Emphasis added.
4 SRNSW: NRS7855, [2/7557], Judiciary, WC Windeyer, J. Notebooks Circuit Courts, 1876-95, pp. 141-7. Emphasis added.
5 Griffiths in transcript of depositions.
6 Tindall in transcript of depositions.
7 Mn: Information ? of Croft
8 Newcastle Morning Herald and Miners’ Advocate, Fri 22 Apr 1881, p. 3.
9 The Maitland Mercury and Hunter River General Advertiser, Sat 23 Apr 1881, p. 2.
10 Newcastle Morning Herald and Miners’ Advocate, Mon 25 Apr 1881, p. 2. Emphasis added.
11 The Maitland Mercury and Hunter River General Advertiser, Tue 26 Apr 1881, p. 6. Emphasis added.