Depositions for William Wilson 17 Feb 1834, Sydney Trial 1
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In the fourth 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 Laws, 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 four at Sydney, in the Colony aforesaid, informs the said Court, that William Wilson late of Sydney in the Colony of New South Wales Labourer
on the twenty sixth Day of January in the Year of Our Lord One thousand Eight Hundred and Thirty-four, with Force and Arms, at Sydney aforesaid in the Colony aforesaid wickedly and against the order of nature did attempt to have a venereal affair with a certain Bitch Dog then and there being and then and there wickedly and against the order of nature with the said Bitch Dog did attempt to commit and perpetrate the abominable crime of Buggery against the form of the Statue in such
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case made and provided and against the peace of Our said Lord the King his Crown and Dignity.
[Signed] John Kinchela, Attorney General
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[On the reverse of the above (1-2) is the following]
Attempt to commit an unnatural offence
in the Supreme Court.
No.
The King against William Wilson
Information
Witnesses: Charles Patrick, James Peardow, John Kinchela Jnr
[Initialled] JK
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17th February 1834
Mr Justice Burton and Military Jury arraigned and pleaded Not Guilty adjudged Guilty.
Sentenced to be worked on the roads in irons for two years.
[Signed] George [John] Rogers [2nd Clerk]
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Justice WW Burton's Notebook 2
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[17 February 1834] 2nd Case
William Wilson attempt to commit Buggery with a Bitch
Charles Patrick I am a prisoner of the Crown assigned to John Kinchela [snr] – I was examined at the Police office. 3 On the 26th of January [1834] last the prisoner at the Bar just at the dinner time prisoner wanted his dinner. I took it off the fire & took it into the hut – Whilst I was taking the meat out of the pot I heard him call the [Newfoundland] Bitch 4 & I looked out & saw him (tapping ? trapping ?) her – he went out with her down into the swamp & I followed him & when I got to him he was down on his knees with his breeches
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down – he was holding the bitch. I said you have done it now – he jumpt [sic] up & buttoned his breeches up & said what – I said what have you been doing to the bitch – he said nothing – I asked him what he was doing with his breeches down holding the bitch. We then went up to the hut I & the prisoner & I told the other men
of it – James Peardow & Thomas (Dunn ?) [passim] 5 – prisoner was by this happened upwards of 200 yds from the hut, I followed him down – I did not report it to my Master but the other men did the Saturday following.
I did not see his private parts – when he got up & turned himself round to me his yard was standing – I told him of it at the time – he did not say anything – I followed him down because I had seen the dog (line ?)[passim] the bitch
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just before – & the prisoner – he said he liked such stuff as that.
By Mr Rowe
That made me suspect him.
It was about 5 minutes before – – I did not tell him I was going to follow him – I stopped in the hut till he got out of sight – he went into the bush, & I followed him.
I was ashamed to report it to the Master – I told the other men of it – did not tell them to report it.
Denied it: The prisoner said it was a lie – he did not say I wanted to injure him – prisoner is the Overseer I did not know of any other charge against him – George (Denman ?) used to quarrel with him at times – we left him at home at work this morning.
At the time this charge was made I had some thing of his in my possession. I went to his box & took out a half crown & took it outside of the hut. Peardow saw me go to the box – he did not tell the prisoner he had seen me &c. – before I (delivered ?) it up – this was the same day I followed
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him down – about ten minutes before. I did not take the half crown with intent to keep it, else I should not have given it up – I did not know the half the [sic] crown was there – He shewed [sic] me the purse in the morning – & said he was going to town – he said there was nothing in it. I did not see any money in it 6 – I went to the box to see if there was any money in it – He (missed ?) his key about 4 o’clock in the afternoon – after I had followed him – Peardow & Dunn were both there – I did not say I had the key at first – nor did P[Peardow] & D [Dunn] – till he said he would break open his box – & I told him he had better not, he would get it again.
I spoke to him before he rose from the animal, I said “you have done it now” – – he had been in that position about half a minute. I did not give him time to do it – I am not here for life – 7 years for
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silver spoons –
By the Court: I had no reason for taking it. I gave it back to him (immediately ?) he inquired for it – Peardow & (Jung) Jung were present.
About half past twelve when I was taking the meat out of the pot – we all lived in one hut – he went out just as I took the pot off the fire – I did not take all the meat out of the pot – a little bit of it in the dish – & put the dish on the pot inside the hut – Jung & Peardow lay still on the bed when I went out & they were still there when I came back. I was about ¼ of an hour – the prisoner went into the bush about 200 yds – the name of the Bitch (Philis ?) – a red bitch – a kind of terrier.
There is no Newfoundland bitch upon the place – I did not state before the Magistrate
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that it was a Newfoundland bitch I never said what sort of a bitch it was.
I & the prisoner came back together to the hut – we had our dinner – all together – all four of us. When I followed the prisoner to the bush I had not the half crown in my pocket it was outside of the hut against a tree (concealed ?) & the key with it.
I said to my comrades Wilson has had connexion with the bitch – he heard me – he said it is a lie – I said it isn’t – & then we got our dinner – Jung said it was an unlikely time to take the bitch away just as he wanted his dinner, & an unlikely place to take her into in the bush. The prisoner made no answer to that – Peardow made no remark at all –
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there was no more conversation about it that day.
The prisoner did not strike me did not swear at me, did not say he would complain – the Bitch came up at the time with – we did not examine the bitch – the bitch was standing quietly.
What I said to my comrades was that he had attempted to have connexion – that he had his breeches down & had hold of the bitch – the prisoner had his trousers & shirt – kneeling down upright – I was about 2 yds behind him, he looked round him all the way down – I could see him till he got round the corner of the swamp – – I did not see him in the bush till I got near down to him. The other dogs were running about in the bush – & that made me know where he
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was – I did not see him go upon his knees – he was upon his knees when I saw him – I told my comrades he had hold of the bitch – I do not remember that I told them he was upon his knees.
Did not mention the circumstance again – Did not to the prisoner till the Sunday following when Master sent for us up – & then I told him about it.
I had not heard the other men tell the prisoner of it – had all been at our work as usual during the week – Peardow slept at the house Jung & I & prisoner slept in the hut as usual.
J & P were present when I gave the half crown back.
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When the dog lined the bitch Jung & Peardow were inside the hut on their beds – I & Wilson were at the door outside. They heard prisoner say “here’s the dog lining the bitch” – & he said “he liked such stuff” – I don’t know whether they heard it or not.
I told him he should go into the town he said nothing: I told my comrades, I said “Jung here’s Wilson enticing the bitch away. I’ll follow him down & see what he’s going to do” – he said nothing lay still on the bed – I did not ask any one to go with me – they did not say any thing to me. Away about ¼ of an hour.
There were 3 other dogs with me besides the bitch – no Newfoundland Dog.
What I said at the police office was taken down in writing, it was read over to me, I
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(signed ?) it with my own mark.
By Mr Rowe
I never mentioned to any of my comrades that it was with a Newfoundland bitch – I know the difference between a terrier & a Newfoundland dog.
James Peardow I am assigned to Mr Kinchela – know the last witness Charles Patrick – I recollect his telling the men something about prisoner 3 weeks ago last Sunday – yesterday. Prisoner said to Charles is dinner ready – Charles said yes – I shall take it up – I was on the bed – Patrick said “Wilson is going away with the bitch. I’ll follow him” he started after him & came back again in ten minutes or a quarter of an hour, prisoner & he came back again. Mr Patrick said Wilson has been with the bitch 7 – he denied it – the others said (damn’d ?) if you have not – or it was not a Newfoundland bitch – a kind
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of terrier – aggravating one another – – quiet after a bit – nothing more said about it until Jung told my young Master – another man (Thomas) is here outside who was in the hut at the time.
By Mr Rowe
The dogs would follow any of us – prisoner did not mention what bitch – he did not say it was a Newfoundland bitch.
Patrick did not say for what purpose he would follow him.
I heard Jung say it was an unlikely time & unlikely place &c. to take the bitch away.
Never heard any quarrel between Patrick & the prisoner – never heard him say any thing disrespectful to the Master.
Afterwards there was a disturbance between prisoner & Patrick – about a half crown – – he had lost his key & asked me & Thomas if we had seen his key – asked Patrick – & he denied it & said he had not: ½ an hour after that prisoner broke open his box, & said he had lost half a crown – said if any one
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would give him the key & ½ crown he would spend a shilling of it – I said Charles you had better give it up 8 – & he did so – I saw Patrick take it.
Wilson spent a shilling of it in beer – we all drank. I & Peardow & prisoner – & others – 6 in all. Prisoner was in the hut when I told Patrick to give up the half crown.
By the Court: I did not think any thing whether the charge was there or not – I did not know that such atransaction as the dog lining the bitch outside of the hut had taken place – heard nothing of it that day – heardof it next day from Patrick himself (on the Monday) – he told me the prisoner said when the dog was lining the bitch, he should like such as that himself – no one else was present when he said that. Patrick did not tell me what
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he saw. When he came back he said he had been with the bitch – he did not say in what situation he found him – did not ask him.
Thomas Jung I recollect last Sunday three weeks hearing something about Charles Patrick – he & Peardow & I were in the hut – & the prisoner – I was lying sleeping on my bed – Patrick awoke me, I had been asleep – & he said William Wilson was enticing the bitch away, & said he would go & watch him. He did not ask me to go with him.
I lay still on my bed: He went away – I got up as they were coming back again round from the swamp side by side – wrangling about this affair – Charles after he got near to the hut charged prisoner with having connexion with the bitch & Wilson denied it – I did not take notice whether the bitch was along with them or not – there was nothing
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more about it that day – we all sat down to dinner.
One said he had – the other he had not – so I did not pay much attention to it.
By Mr Rowe
I believe they had some little quarrel before – I don’t know what.
Prisoner said nothing about a Newfoundland Bitch.
Peardow was on the other bed very poorly.
Patrick awoke me, did not ask me to go with him – I had no thought of such a thing – I observed it was an unlikely time & place &c.
9 I meant prisoner saw it was a lie – he said he was a liar & Patrick said, it was the truth – I never heard Wilson tell Patrick that he had before attempted to injure him.
By the Court: Patrick did not say when he came back with the prisoner what situation he found him in – he did not say he
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had seen him – – he did not say he had seen him with his breeches down & on his knees.
James Peardow & William Dunn were present & I, not the prisoner – Patrick said when he caught him he was down on his knees with his breeches down & had hold of the bitch – he did not give that account when he first came out.
It was William Dunn who told Mr Kinchela – I did not speak to the prisoner about what Patrick had said.
I never knew that or Patrick & the prisoner had seen the dog & bitch together – & made any remark upon it– on the Sunday – not till the Monday morning – then Patrick said the reason of his suspicion was that theyhad seen the dog line the bitch & prisoner had said he could like some such stuff as that himself.
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For the Prisoner: Frederick William Standard Assistant Clerk at the Police office Sydney – I was present on the 4th of February when Charles Patrick was called as a witness against the prisoner at the Bar. What he said was taken in writing – read over to him & signed by him his mark – the hand writing of the prisoner, Magistrate is there.
This is the deposition – there is a mistake as to the breed – – I thought the witness said it was a “Newfoundland dog.” – I now perfectly recollect that he did not say so.
Young William Kinchela said that is was between a Bull & terrier.
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Examined by Mr Rowe: Mr John Kinchela [jnr] Prisoner in my father’s service – constable & overseer over Patrick, Peardow, Jung &c. – no quarrels between them to my knowledge – there have been complaints from the hut, I cannot say the particulars.
I heard a report one Saturday in the beginning of this month that the (offence ?) in question had taken place on the Sunday previous.
Verdict – Guilty
Sentence to be Kept to hard labor in irons for two years.
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The Sydney Gazette and New South Wales Advertiser, Thu 20 Feb 1834 10
SUPREME CRIMINAL COURT
———◦———
MONDAY, FEBRUARY 17.
…
(Before Mr Justice Burton, and a Jury of Military Officers.)
William Wilson was convicted of beastiality. [sic] The prisoner was sentenced to be worked in irons on the public roads of the Colony for two years.
1 SRNSW: NRS880, [SC T37] Information No. 44, Supreme Court, Papers and depositions, 1834.
2 SRNSW: NRS5730, [2/2412], Judiciary, WW Burton, J. Notebooks Criminal Sessions, 1833-38, pp. 191-207. Emphasis added.
3 Mn: on a Sunday
4 Mn: a mistake he says he did not say what bitch
5 Mn: they were there when I went out – I told them I was going to follow him
6 Mn: & he put the purse in the top of the box
7 Mn: I understood he meant that the prisoner had connexion with her
8 Mn: The half crown up & have no more disturbance about it – I suppose he took it for drink
9 Mn: Improbable not true to take an animal of that kind just at dinner time & the animal in heat
10 The Sydney Gazette and New South Wales Advertiser, Thu 20 Feb 1834, p. 2.