The Maitland Mercury and Hunter River General Advertiser, Tue 23 Sep 1879 1
DISTRICT NEWS.
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(FROM OUR VARIOUS CORRESPONDENTS.)
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BRISBANE WATER.
THE REVEREND W LUND, OF GOSFORD.—On Wednesday evening, the 17th instant, in compliance with a requisition signed by several of the inhabitants of Brisbane Water, Mr Edward Reeve, the Police Magistrate, called a public meeting at Gosford, in order to consider what steps it might be desirable to take with a view to the retention of the services of the Rev William Lund, as the Anglican incumbent of the Brisbane Water district. Although the night was miserable wet, there was a numerous attendance at the meeting, which was held at the Court House. A form of petition to Archdeacon Child, the Vicar-General of the diocese—earnestly praying that the Rev W Lund may not be withdrawn from the district, but be permanently settled there, and advanced to the order of priesthood—was unanimously adopted, and signed by all present. The proceedings, although brief, were of a very decided and harmonious character, and terminated with a vote of thanks to the chairman (Mr Reeve), to which that gentleman made a suitable response. The petition has since been very numerously signed throughout the district.
Gosford, Sept 19.
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The Maitland Mercury and Hunter River General Advertiser, Thu 10 Feb 1881 2
THE REV W LUND.
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A pleasant little ceremony took place on Tuesday last at Morpeth, at the residence of Mr David Campbell, the occasion being the presentation of an address and purse of sovereigns to the Rev W Lund, on his departure from the diocese of Newcastle for that of Goulburn. A number of the parishioners of Morpeth, Hinton, and Seaham were present; a much larger number would have attended but for the inclemency of the weather. The address, which was signed by forty heads of families of the above parishes, was as follows:
To the Rev W Lund.
Rev and Dear Sir,—As you are about leaving this diocese for another, we, the undersigned residents of Morpeth and Hinton, take this opportunity of expressing our regret at your departure, and we wish to mark our sense of approval of your ministrations here. We feel that in losing you we are parting with a gentleman of ability, integrity, and zealous energy in your vocation. Having heard you preaching on many different occasions, we can bear testimony to the pleasure with which we have listened to you, and the impressions which your sermons have left upon us. We cannot but feel that your departure will leave a void which it will take some time perhaps to fill up as as satisfactorily to those with whom you have come in contact in your official and private capacity. In bidding you farewell, we trust that your labours in your new sphere may be of as good service as we are sure they have been here.
And wishing you God speed,
We are, Rev and Dear Sir, yours very sincerely.
(Here follow the 40 signatures.)
After the address was read, a purse of sovereigns was also presented to the rev gentleman, as a small token of the esteem in which he was held. It was stated by the gentlemen who had taken the most active part in obtaining signatures to the address that in every instance great regret at his departure, and high respect for the Rev Mr Lund, was expressed by everyone who had come in contact with him. The address would have been much more numerously signed but for the short time, and the inclemency of the weather.
The address was very nicely written and illuminated by several pupils of Mr Swan, of the Church of England School, East Maitland, on whom it reflects great credit.
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Evening News, Thu 6 Sep 1883 3
A CLERGYMAN COMMITTED.
Wagga Wagga, Thursday.
At the Narrandera police court yesterday, the bench occupied the whole day hearing a charge of an unnatural offence preferred against the Rev Mr Lund, a Church of England clergyman, by a man named Henry Furber, who was recently employed by the defendant as a groom. At the conclusion of the case, the defendant was committed for trial.
Narrandera, Thursday.
A disgraceful case was heard in the local police court yesterday. The Rev William Lund, Church of England clergyman, was charged with having committed an unnatural offence on a man named Henry Furber, a groom lately in his employment. Lund was committed for trial at the next Circuit Court at Wagga Wagga. Bail was allowed, himself in £200, and two sureties of £100 each.
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Newcastle Morning Herald and Miners’ Advocate, Sat 8 Sep 1883 4
TELEGRAMS.
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(FROM OUR OWN CORRESPONDENT.)
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…
————
DISGUSTING CONDUCT OF A CLERGYMAN.
NARRANDERA, Thursday.—A disgusting case was heard in the local police court yesterday. The Rev William Lund, Church of England clergyman, was charged with having committed an unnatural offence on a man named Henry Furber, a groom lately in his employment. Lund was committed for trial at the next Circuit Court at Wagga Wagga. Bail was allowed, himself in £200, and two sureties of £100 each.
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The Wagga Wagga Advertiser, Sat 8 Sep 1883 5
THE Rev W Lund, of Narandera, [sic] was charged before the magistrates at Narandera on Wednesday with an unspeakable offence, and was committed for trial. Last evening the following telegram was received from Goulburn:—“The Rev W Lund is inhibited by the bishop from officiating in the diocese of Goulburn, in consequence of the serious nature of the charge brought against him. The Narandera church is closed until further notice.”
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Queanbeyan Age, Tue 11 Sep 1883 6
A telegram from Narrandera to the Wagga Wagga Express, under date of Wednesday, says the court was occupied the whole day in hearing a charge of unnatural offence preferred against the Rev W Lund by a groom named Henry Furber, recently in his employment. The bench consisted of Mr Bayliss PM, and JJ Roberts JP. The defendant was committed for trial, bail allowed.
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The South Australian Advertiser, Fri 28 Sep 1883 7
COLONIAL TELEGRAMS.
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…
NEW SOUTH WALES.
(FROM OUR OWN CORRESPONDENT.)
Sydney, September 27.
It has been decided that the trial of the Anglican clergyman, [William Lund], of Narrabri, charged with committing an unnatural offence, shall be held in Sydney instead of Wagga.
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Depositions for William Lund 7 Nov 1883 Sydney trial 8
(M., 11 and 12 Vic., Cap. 42.)
Depositions of Witnesses.
New South Wales, Narrandera
TO WIT. }
The examination of Patrick Laurence Vaughan of Narrandera in the Colony of New South Wales, Henry Furber of Narrandera Matilda Cooper of Narrandera James Jones of Narrandera Alexander Barber of Narrandera and Mary Williams of Narrandera, in the said Colony, taken on oath, this fifth day of September in the year of Our Lord one thousand eight hundred and eighty three at Narrandera 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 William Lund who is charged this day before us, for that he the said William Lund, on the twenty fifth day of August last at Narrandera in the said Colony, did unlawfully and indecently assault one Henry Furber.
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Information – (General Purposes.)
No. 41156
New South Wales, Narrandera
TO WIT. }
Be it remembered, that on the 3rd day of September in the year of Our Lord one thousand eight hundred and eighty three at Narrandera in the Colony of New South Wales, Henry Furber of Narrandera 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 informs me, that on oath about the 25th day of August in the year of Our Lord one thousand eight hundred and eighty three at Narrandera William Lund did unlawfully and indecently assault Henry Furber this complainant, contrary to the Act in such case made and provided; whereupon the said Henry Furber prays that I, the said Justice, will proceed in the premises according to Law.
[Signed] H Furber.
Sworn at Narrandera in the said Colony, on the day first above written, before me,
[Signed] John King, JP.
1
New South Wales,
TO WIT. }
Petty Sessions Narrandera
5th September 1883.
William Lund appears on summons charged with unlawfully and indecently assaulting one Henry Furber at Narrandera.
Patrick Laurence Vaughan being duly sworn saith as follows:– I am a Senior Sergeant of Police stationed at Narrandera. I served the defendant William Lund with a summons on the 3rd instant at his residence. I read the charge from it and he replied “I never. The man must be mad.” “The man is here now,” I said “He has sworn it before Mr King, and states you brought him into your room.” Mr Lund said “Mr Elworthy can prove that he did not sleep with me.” I said “Did Mr Elworthy sleep in the house that night?” He said “Yes”. I said “When did Mr Elworthy come home?”
2
He said “At 11 o’clock.”
Cross examined by Mr Williams: There was no dead body in the Police premises any night last week.
[Signed] PL Vaughan.
Sworn before us at Narrandera this 5th September 1883.
[Signed] Henry Baylis, PM, John J Roberts, JP.
3
Henry Furber being duly sworn saith as follows:– I have been working on a station for about three years. I was working for Mr Lund. I was with him five weeks and left last Monday. I was grooming and attending to the church. I slept in a little room just away from the house till the last 2 or 3 nights on the till Friday the 24th. Nothing occurred on the evening of the 24th Mr Lund called me at half past ten o’clock to see to the horses. I was then in bed as I had not rugged them. Shortly after I had rugged the horses I went into the garden and at Mr Lund’s call. He admired some flowers, this was 10 minutes to 11 o’clock. I went to bed again. Five minutes after this he called me and asked me if I was warm enough, he was outside the door. I replied “I am quite warm enough.”
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He said “I can give you more blankets if you like.” I said I could manage nicely. He then went away – shortly after this he came again and said “Harry will you come into the front room? I’m afraid I’m going to have one of my bad fits.” I got up and went in. He pointed to a bed in the front room and said “You sleep there.” He said “If you hear me have one of my fits all you have to do is to come and hold me.” He then went out of the room. I kept awake for some time, and he was walking up and down the passage – there was no light in the bedroom but there was one in the passage which reflected light into the
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bedroom. Twelve o’clock Mr Lund came in and I awoke while he was undressing. He did not bring a light in with him. He got into the double bed where I was and kept on saying “I am so bad. I am afraid I am going to have one of my fits.” I kept awake for some time. He only had his night shirt on and I only had a night shirt on. About 2 o’clock in the morning I had gone to sleep about a quarter of an hour. I awoke and found him with his hand on my person – and my thighs were all covered with a discharge. I was lying on my left hand side, his right arm was over me touching my person and he was touching my back with his tool. It was between the cheeks and I was all covered between the thighs. When I moved away almost out of the bed and he turned over on his own side and turned his back to me. My clothing
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(the shirt) was between my legs when I got into bed and when I woke it was up my back. At I kept awake for about two hours and went to sleep and awoke and felt his hand on my person again. I did not go to sleep after this. About half past six Mr Lund called me and said it was time to get up. I got out of Mr Lund’s bedroom and went into my own room, laid down and got up again about 7 o’clock. Mr Lund had no fits that night. No person was up when I got up. At about quarter past seven I saw Tilly Cooper the servant, and said something to her. On Sunday I went to see a man named Sam Jones, a slaughter man at Adam’s yards. I had seen him in Victoria and he got me the situation with Mr Lund. He left the same employment himself. He said something to me two or three days after I had entered the service of Mr Lund.
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There was another man present at the yard on Sunday when I said something to Jones. On Monday morning at 11 o’clock I walked down to Mr Lund’s stable and told him I had made up my mind to leave. He said “What is the matter, Harry?” I replied, “Last Friday night was quite sufficient for me.” I said, “I’m going.” He said “What did I do on Friday night?” I said “You had your person touching my behind when I awoke and there was discharge all round my thighs at the parting.” He said “Never, surely you have made a mistake Harry.” I said “I am sure there is no mistake. I am certain of it,” and that I wouldn’t stay under any circumstance as I had made up my mind to go. I told him I would not be afraid to bring it before the public notice. He said “You might be running yourself into great danger if you do. You are liable to be imprisoned.”
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He said “Do forgive me this time, it shall never occur again.” I said “I cannot forgive you as long as I live. I cannot get it out of my mind.” He persuaded me to stop he I said “What possessed you to get me in the bedroom?” He replies “If Mr Elworthy had been at home he would not have asked me.” He said all the blankets in the world would not keep him warm and that he must have someone in bed. I stayed on and said no more. He said he would be away for three weeks and he would get me on the station. He intended going that way. This day week I gave him notice again and told him I did not care about the work and all through the week it was preying on my mind and on Tuesday I went to see Jones again. I told Jones I had made up my mind to go and would bring my things to the place. Jones said something which
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altered my mind about stopping reporting it. I saw Mr Lund last Sunday night. I asked him what was the matter as he looked strange. He said “It’s nothing.” I rugged the horses and went away. I did not sleep there that night. I came to the Police about half past seven o’clock on Monday the 3rd instant and I stated what had occurred and then laid the information on Oath before Mr King. I went from here Mr King’s office to Mr Lund’s and he called me. He said “What is the matter, Harry?” I said “I do not feel very well. I feel upset.” He said “You require phudophin.” I said I wanted a settling up. He came into my bedroom and said “I thought this affair had dropped.” He said “You can stop here till you get another situation.” I said “I do not care to stop.” I had lunch there
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and when I was coming out the girl called me and said Mr Lund wanted me. I just got to the passage and he said “Do you know what you have done?” He said “A man has just brought a warrant for me. I thought I saw you coming from Mr King’s office.” He said “What possessed you to go and see him?” I said it had been preying on my mind and that I did not know what to do. He said “We ill have to see the case out on Wednesday next.” I said I was very sorry and he said “You have ruined me.” I have had no conversation with him since. When I awoke the first time I could feel his tool coming from my behind. When I got up next morning I found that I pass (?) or lower bowel very curious. I took pills and had a bath. I have been four years in the country.
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and was a draper at home for eight years and a half and have testimonials.
Cross examined by Mr Williams: I did not go to sleep when I first went to bed. I was awake for an hour and a half and during that time no-one came into the room. I then went to sleep. When Mr Lund undressed he had his night shirt on as far as I know. I could see Mr Lund in the corner. I cannot swear Mr Lund did not put pyjamas on. I could not swear he had not pyjamas on when he got into bed. I laid awake because of his groaning. I was asleep about half an hour. I could not say if Mr Lund was asleep or not. I had no conversation with him at all. I think he was asleep when I went to sleep; he seemed to be. I cannot say what woke me; I did not say a word but moved away. He groaned and turned over. He may have been asleep though I don’t think he was. I moved over in the bed,
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I did not get up. I went to sleep again. I did not hear Mr Elworthy come in. I woke up the second time and found his hand on my person. I pushed his hand away, I never said anything to him but kept awake and stayed in the bed for a couple of hours. When he told me to get up I said “All right, Sir.” I did not say anything about what had happened. The first person I saw was Tilly Cooper and I asked her if Mr Lund often had the fits. She smiled. I said “It’s the last time you will catch me there.” I saw Mr Lund about quarter to ten. I said nothing to him then. He gave me my usual daily orders. I did not see Mr Elworthy, I did not look for him. The discharge on my cheeks, I had an emission that night in my sleep but Mr Lund’s hand was on my person. I could not say The emission that was on
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my thighs was my own. I cannot swear that Mr Lund had not his pyjamas on at that time. He may of had his pyjamas on all night. I did not make any complaint to Mr Lund or anybody else because I did not know what to do. I did my work but made up my mind to leave. I did my work on Sunday and made no complaint. I saw Jones and it was after I had seen him I made the complaint to Mr Lund a fortnight ago previous. I told Mr Lund I was dissatisfied with the food and intended to leave. I suggested that Jones and his wife could come back. He said he did not care about them. I told Jones Mr Lund would not have him. Mr Lund said he did not think Jones’s wife was a good cook and that he did not like her ways. On Monday when I spoke to Mr Lund he said “Surely Harry I must have been asleep if I did anything of the sort, but I am quite
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unconscious of it.” I went on with my duties. He told me he would be away three weeks and wished me to take charge of the place. I went on with my work on the Tuesday and on the Wednesday and it was because Mr Lund had no-one to take my place that I went on with my work all the week till the following Sunday morning. We had no conversation about the charge. I did my work as usual on Sunday morning and then went to see Jones again and when I came back I asked Mr Lund if I was late. He I went and rugged the horses and did not return that night. I told Jones I was going and he told me to come up. I told Jones and another man on the Sunday previous that what the reason was that I was going. Last Wednesday night I went and slept in the back room because there was a smell and I told Mr Lund I thought the dead body was next door and I could not stand the smell.
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After I laid the information Mr Lund gave me a cheque for what was coming to me. I said I felt very much upset. I said “If you keep talking to me you will drive me mad.” I did not see the Police because I did not know what to do. Mr Lund told me that I was liable to be imprisoned. I did not like to bring the case up and told Mr Lund it was a disgrace to the church. I only made up my mind to go to Police last Monday morning. I felt as if something was coming from my passage. I only pushed his hand away once when it was on my tool. I went to Payne’s with Mr Lund after this. Mr Lund told me that he would not have Jones about the place because he and his wife tried to trump up a charge against Mr Devlin. It was when I woke up I felt the discharge. I do not think the moisture I felt behind proceeded from myself. When I felt his person at my behind it was not erect and when I woke the second time he had turned back
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and had his hand on my person. Jones did not influence me to lay this charge. He told me it was known in the town; and it was preying on my mind. Jones told me Adam’s men had got to know it. I had no ill will against Mr Lund and Jones, expressed none.
The Bench: Tilly Cooper and her sister were asleep in the house that night. They were about four doors from where we were. It was a starlit night when we were admiring the flowers. I could just see that it was Mr Lund by the light. I did not speak to him at all. It was just daylight when he called me next morning and Mr Lund was in bed with me. I had no disagreement with Mr Lund during my service. Neither Samuel Jones nor his wife and or any other person suggested to me to bring this charge against Mr Lund. I have had no-one’s advice on the subject.
[Signed] H Furber.
Sworn before us at Narrandera this 5th September 1883.
[Signed] Henry Baylis, PM, John J Roberts, JP.
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Matilda Cooper being duly sworn says:– I am servant at Mr Lund’s place. I know Henry Furber, he was also a servant there for about five weeks. I remember last Saturday week morning about half past 8 o’clock in the morning I remember Mr Lund having fits. Harry asked me that morning if he was subject to and often had these fits. I said he was.
Cross examined by Mr Williams: He told me he had been in to sleep with Lund and that he had had a fit. I do the washing for the Parsonage. Mr Lund always wears pyjamas. I have been there 15 months. He has fits and he’s quite helpless. Pyjamas are like jacket and trousers and are tied around the waist. Mr Lund was complaining on Friday and said he felt very ill and thought one of his fits were coming on. He does feel them before they come on. Mrs Elworthy and Mrs Williams watch him. Mr Lund always tries to get someone near him when he feels them coming on.
[Signed] Matilda Cooper.
Sworn before us at Narrandera this 5th September 1883.
[Signed] Henry Baylis, PM John J Roberts, JP.
18
Samuel Jones being duly sworn saith:– I am Labourer at Mr Adam’s slaughter yard. I know Furber the witness. I was working with Mr Lund and left and got Furber the situation. I gave notice about a fortnight ago. I said something to Furber and I saw him at the slaughter yard last Sunday week. He said he was going to leave and also something else. I saw him again last Sunday. I said something to him in consequence of what he had told me the previous Sunday. He said he was leaving on the Monday. I have no ill will against Mr Lund. I did not tell you the Police all I knew.
Cross examined: I have known Furber five weeks. I never knew him till he came to Narrandera.
[Signed] Samuel Jones.
Sworn before us at Narrandera this 5 September 1883
[Signed] Henry Baylis, PM, John J Roberts, JP.
19
Samuel Jones being recalled saith as follows:– I remember bringing Furber to Mr Lund. I told Mr Lund I knew Furber in Victoria because I wanted to get away without giving a week’s notice to Mr Lund. I told Furber I fancied I had seen him in Seymore [sic].
[Signed] Samuel Jones.
Sworn before us this 5 September 1883 at Narrandera.
[Signed] Henry Baylis, PM, John J Roberts, JP.
20
To Mr Williams: Matilda Cooper being duly sworn saith as follows:– I remember Friday night week. Mr Lund Elworthy slept in the next room to Mr Lund. There is only a thin partition between the rooms. I and my sister slept in the house in a room about as far as from here to the door away. I did not hear Mr Elworthy come home. I cannot say when he came home. Mr Lund went to bed about 11 o’clock. I know because I heard him call Henry Furber in. The man said he slept with Mr Lund. They occupied Mr Lund’s own bedroom. I did not hear Mr Lund roaming about after he called the man. I heard Mr Lund talking to the man outside. I went to sleep. Mr Elworthy had not come home then. He was not in the house when I went to bed. Furber came out from the house and came into the kitchen and said Mr Lund had one of those fits. There was only one bed in the
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room, a large one capable of holding two.
Mr Lund always calls someone to him.
[Signed] Matilda Cooper.
Sworn before us this 5 September 1883 at Narrandera.
[Signed] Henry Baylis, PM, John J Roberts, JP.
22
Henry Furber being recalled saith as follows:– I came in from Gunabee and I met Jones and he asked me if I wanted a job. I went with him to Mr Lund. Mr Lund said I could suit him. He told Mr Lund he had seen me in Victoria. I believe I have seen him at Seymore. I never knew him to speak to in Victoria.
[Signed] H Furber.
Sworn before us this 5 September 1883 at Narrandera.
[Signed] Henry Baylis, PM, John J Roberts, JP.
23
For the Defence.
Prisoner makes no statement.
[Signed] Henry Baylis, JP.
Alexander Barber being duly sworn saith as follows:– I am a legally qualified medical practitioner in Narrandera. I know Mr Lund. I have attended him on several occasions from epileptic fits, I believe he is very subject to them.
He has been always unconscious when I have been called to see him. He recovers when the usual remedies are given and they leave him very weak even till the next day. He apparently is unconscious – some persons are apparently unconscious, others may throw themselves about and it will take two or three to hold them, others are very violent and make to attack people during the preliminary stage or while it is coming on. I have seen persons try to undress themselves and expose themselves. I have known a person have a fit in bed and the person not know of it till the person in bed with them
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told him of it and this was his brother and these fits occurred in the morning about 5 o’clock and after occurring several times I was consulted by the patient’s parents. The fits after occurred in the day time and ultimately ended in madness. In other cases they gnash with their teeth and are very violent. As a rule the patient is always very exhausted and knows nothing of what has occurred during the time of the fit. He Mr Lund said he has suffered from bilious attacks before they came on. He has told me he was too timid to sleep in a place by himself. A patient in one of these fits would assume all conceivable positions. It is possible for a watery fluid to come from a man’s anus without any semen being there. I feel consider that the penis being introduced with the rectum of a man would awaken him. By violent introduction into the rectum it would cause inflammation. It I have known
25
an ejection of semen after a severe epileptic fit and it ended in death.
Cross examined: I have attended him several times and he has always been unconscious. His fits are of that kind. I have not been called in for 12 months. I told them not to send for me but dash of cold water on him as he is a full blooded plethoric man. If water was dashed on him it would go over the bed. If he had a fit on the bed he would might remain there without assistance. The fits generally get from bad to worse when one is subject to them. Mr Lund said he had had two or three of these fits about a fortnight ago, one at Mr Spiller’s and one at home I believe. a health It would be possible for semen to go from the penis to the rectum but not if a man held the penis in his hand. A man who had his penis between a man’s thighs would be
26
likely to have an emission sooner than the other man and. A desire for sexual intercourse cannot occur during a fit but he may have an emission of semen afterwards. I recommended Mr Lund’s I never recommended Mr Lund to get anyone to sleep with him because of the fits.
[Signed] Alex Barber.
Sworn before us this 5 September 1883 at Narrandera.
[Signed] Henry Baylis, PM, John J Roberts, JP.
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Mary Williams being duly sworn saith:– I have been housekeeper for Mr Lund. I have known him to be subject to fainting fits, I should call them fainting from 10 minutes to half an hour, very ill before them and very ill after them. I have seen them after them [sic] he appears in a sort of daze. I have often attended him. They have Sometimes he has a succession of fits. The result is weakness, debility and part unconsciousness. I was not at the Parsonage last Friday week. Mr Lund always knew when the fits were coming on and always wanted someone near him. I have heard him ask gentlemen who have been in the house. I have heard him ask McDonald to go into his room. I have a I have got up in the night when I have heard him ill.
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Cross examined: I have left Mr Lund about 3 or 4 months. I was never called in during that time till last Monday. I received a note from Mr Lund saying he was ill and in trouble. This was in the afternoon about 5 o’clock.
[Signed] Mary Williams.
Sworn before us at Narrandera this 5 September 1883.
[Signed] Henry Baylis, PM, John J Roberts, JP.
29
William Lund stands committed for trial at the next Court of General Assizes to be holden at Wagga Wagga on Monday Thursday the 27th day of September 1883.
Bail allowed. The prisoner in the sum of two hundred pounds and two sureties of one hundred pounds each.
[Signed] Henry Baylis, PM, John J Roberts, JP.
30
(N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales,
TO WIT. }
William Lund stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this fifth day of September in the year of Our Lord one thousand eight hundred and eighty three for that he, the said William Lund on the 25th day of August last at Narrandera, in the said Colony, did unlawfully and indecently assault on Henry Furber 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 William Lund, and the witnesses for the prosecution Patrick Laurence Vaughan, Henry Furber, Matilda Cooper and Samuel Jones being severally examined in his presence, the said William Lund 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 William Lund says nothing.
Taken before me, at Wagga Wagga Narrandera, in the said Colony, the day and year first abovementioned.
[Signed] Henry Baylis, PM.
31
(S. 1.)
Recognizance of Bail.
New South Wales, Narrandera
TO WIT. }
Be it remembered, that on the 5th day of September, in the year of Our Lord one thousand eight hundred and eighty three William Lund of Narrandera, in the Colony of New South Wales, Henry Campey, of Narrandera, in the said Colony, and John Beaner, of Narrandera in the said Colony, personally came before me, the undersigned, one of Her Majesty’s Justices of the Peace for the said Colony, and severally acknowledged themselves to owe Our Sovereign Lady the Queen the several sums following (that is to say); the said William Lund the sum of two hundred pounds; and the said Henry Campey and John Beaner the sum of one hundred pounds each, of good and lawful money of Great Britain, to be made and levied of their several Goods and Chattels, Lands and Tenements respectively, 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 the Police Office, in the said Colony, before me.
[Signed] JM King, JP.
Condition in Ordinary Cases.
The condition of the within written Recognizance is such, that whereas the said William Lund was on the fifth day of September instant, charged before Henry Baylis and John J Roberts Esquires, two of Her Majesty’s Justices of the Peace for the said Colony, with committing an indecent assault on one Henry Furber if therefore the said William Lund will appear at the next Court of General Assizes to be holden at Wagga Wagga in and for the Colony of New South Wales, on Thursday the 27th day of September, inst at nine of the clock in the forenoon, and then and there surrender himself into the custody of the Keeper of the Gaol there, and plead to such information as may be filed against him for or in respect of the charge aforesaid, and take his trial upon the same, and not depart the said Court without leave, – then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] JM King, JP.
32
(O. 1, 11 & 12 Vic. Cap. 42.)
Recognizance to give Evidence.
New South Wales,
TO WIT. }
Be it remembered, that on the day of in the year of Our Lord one thousand eight hundred and Patrick Laurence Vaughan of the Police Force, and Henry Furber of Narrandera in the Colony of New South Wales, Samuel Jones of Narrandera in the said Colony, and Matilda Cooper of Narrandera in the said Colony, 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 fist abovementioned, at Narrandera in the said Colony, before me.
[Signed] Henry Baylis, JP.
The condition of the within written Recognizance is such, that whereas William Lund was this day charged before Henry Baylis Esquire, one of Her Majesty’s Justices of the Peace for the said Colony, with indecently assaulting one Henry Furber.
If therefore, they the before mentioned persons shall appear at the next Court of General Assizes to be holden at Wagga Wagga, in and for the Colony of New South Wales, on the 27th day of September 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 William Lund for the offence aforesaid, to the Jurors who shall pass upon the trial of the said William Lund.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] Henry Baylis, JP.
1
Henry Baylis
Police Office Narrandera
6 September 1883
William Bede Dalley, Attorney General
Sir,
In forwarding to you the Depositions in the case of William Lund who stands committed for trial at the next Circuit Court in Wagga Wagga, on the 27th September instant for indecently assaulting one Henry Furber. I have the honour to state for your information, that the young man Furber appears to be an intelligent, and respectable person for his situation in life. The accused is the Church of England clergyman stationed in this town, and for about five weeks had employed Furber as groom and general servant at the Parsonage.
Not being a resident of Narrandera, I was entirely unacquainted with the accused even by sight and I had never heard anything against his character as a clergyman, or as a respectable man but since his committal for trial on this charge I have learned with astonishment that for the last 12 or 18 months, reports have been circulating here of his having
2
attempted to commit his abominable offence upon no less than four young men in and about Narrandera three of whom are of the most respectable character and who could have had no motive for imputing such disgusting conduct to him if such were unfounded. Regard for themselves in not wishing to come before the public as being concerned in such a filthy case and for his position as a Clergyman, I am led to believe, alone prevented them from prosecuting him for this abominable assault upon them.
I have the honour to be, Sir, your obedient Servant,
[Signed] Henry Baylis, PM.
~ ~ ~ ~ ~
As one of the committing Magistrates in the case I wish merely to add that for a length of time complaints have been made to me as Church Warden of the filthy habits of the prisoner in this case.
Country Journal, Sat 10 Jul 1886, p. 27. Reproduction: Peter de Waal
I believe his first offence was committed upon a Mr John Rea who is employed by me in the Narrandera Station but who did not wish to prosecute on account of the prisoner’s position – several other cases however similar to the one for which he is now committed have been reported to me.
[Signed] John J Roberts, JP.
~ ~ ~ ~ ~
Patrick Laurence Vaughan
Police Station Narrandera
6 September 1883
Narrandera Bench of Magistrates
Henry Furber states as follows. I omitted to state in my evidence yesterday that when Mr Lund called me into the house on Monday the 3rd instant after he said he received the warrant, & etc. that Mr Lund said “The only thing for you to do now is to deny it.” I said “I could not do that as I have taken my oath on it.” He said then “The only thing is to take the train and the case will not come on.” I declined.
The reason I did not state this in my evidence is that Mr Lund told me not to mention these words.
[Signed] H Furber.
~ ~ ~ ~ ~
Henry Furber came to the Police Station this day and made the above statement.
I wish to have it attached to the depositions in the case of the Queen versus Lund.
[Signed] PL Vaughan, Senior Sergeant.
~ ~ ~ ~ ~
Private
Rev William H Pownall,
Church of England Chaplain
Wagga Wagga
Sep 17, 83
William Bede Dalley, Attorney General, Sydney
My Dear Mr Dalley
I desire to write to you on a painful matter & to solicit your kind and favourable consideration of the case of the Revd W Lund of Narrandera who stands charged with an “indecent offence”, & committed to take his trial at the next Assizes Court to be held at Wagga.
Lund, to my personal knowledge, has long been the subject of serious epileptic fits. As is usually the case, these fits are preceded by a great dread of being left alone, and are followed by a period of unconsciousness and great depression. Whilst under the influence of one of these fits the alleged offence is said to have taken place. Of the complainant but little is known, as he is all but a perfect stranger in the district. His evidence, I am told, was wholly
2
unsupported & on several points contradictory, whilst decided evidence was given as to Lund’s state & condition. Under these circumstances I am assured by several magistrates that no jury would be likely to convict on such unsupported evidence & in the face of the medical & other testimony.
Under these circumstances & owing to the gravity of the scandal, affecting as it does the interests of religion & morality. I venture to ask your merciful consideration, hoping that the reading of the evidence may lead to the conclusion that there is no clear case to go before a jury.
I hope you will also pardon the liberty of my pointing out that if a conviction is not likely to be secured, the trial would but minister to the prurient tastes of the depraved & be prejudicial to the morals of the community.
Whilst writing this, I
3
am one of the last persons in the world who would attempt to condone a clerical offence. On the contrary, in accordance with the principles laid down by Christ, I would ever lay, in clear cases of conviction, “many stripes” on all clerical offenders. But to punish a man under the circumstances detailed in this case is akin to going back to the past ages when the unfortunate victim of epilepsy was regarded as the subject of demon possession & dealt with accordingly.
And now, my dear Mr Dalley, my excuse or apology for troubling you with this matter, which is indeed the cause of a grave scandal, must be your kind
4
& sympathetic nature of which I have had such proof. I know that you will sympathise with my desire to keep back the reproaches of those who hate religion, & therefore I feel that you will excuse my writing, & so in the interests of truth & justice what the case demands.
Believe me,
Yours Faithfully,
[Signed] WH Pownall.
~ ~ ~ ~ ~
This letter may be attached to the depositions.
[Initialled] WBD, [AG] 19/9/83.
~ ~ ~ ~ ~
John Fleming Williams, Defence Attorney
Statutory Declaration, 20 September 1883
I, John Fleming Williams of Narrandera in the Colony of New South Wales attorney at law do hereby solemnly and sincerely declare as follows: I am in [sic] the attorney for William Lund who is committed to take his trial at Wagga Wagga Circuit Court on the twenty ninth instant for an indecent assault on one Henry Furber. From what I have heard said by several residents of Wagga Wagga and from reports that have been circulated there regarding the said William Lund I have every reason to believe that the trial should not take place in Wagga Wagga as from the said reports the jury that may be empanelled may have heard these reports and from them may be to a certain degree prejudiced against the said William Lund. Also from remarks made by the presiding magistrates when he was committed for trial one of whom is the Police Magistrate at Wagga Wagga I have reason to believe that for the ends of Justice a change venue in this case would be advisable if pleasing to the Honorable the Attorney General. The above are the reasons for the application which is not made to delay the trial but simply to meet the ends of Justice.
And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an Act made and passed in the ninth year of the Reign of her present Majesty, intituled [sic] “An Act for the more effectual abolition of Oaths and Affirmations taken and made in various Departments of the Government of New South Wales, and to substitute Declarations in lieu thereof, and for the suppression of voluntary and extra judicial Oaths and Affidavits.”
Declared at Narrandera
this twentieth
day of September 1883
before me [Signed] John A King, A Commissioner for affidavits
[Signed] JF Williams
~ ~ ~ ~ ~
Way & Way Solicitors
69 Castlereagh Street
Sydney
21st September 1883
William Wilberforce Stephen, AG’s secretary
Regina v Lund
Sir
In this matter we are acting as the Agents for Mr JF Williams the Attorney for Mr Lund and we have the honor to apply that the venue may be changed from Wagga Wagga to Sydney.
The grounds of the application are that owing to the reports that have been circulated in the neighbourhood of Wagga Wagga and the expressions made by the committing Magistrate taken in connection with the nature of the offence charged Mr Lund is likely to be prejudiced if the trial takes place at Wagga Wagga and we enclose declaration made by Mr Williams in support of the application.
9 As the trial is to take place on the 29th instant we have to ask that the matter may be taken into consideration forthwith.
We have the honor to be
Sir
Your Most Obedient Servants
[Signed] Way and Way.
~ ~ ~ ~ ~
John Fleming Williams, Defence Attorney
Narrandera
26 Oct 1883
Williams, Crown Solicitor, Sydney
Reg v. Lund
Sir
Will you kindly forward the Police here a subpoena (Subpoena issued 29/10/83) for Doctor Alexander Barber on behalf of the above named Prisoner to attend the trial in Sydney next month. The Doctor gave evidence at the hearing in the Police Court but was called away before he was bound the Bench saying he was a very material witness for the Defence and would be bound under the 346 section of the Criminal Law Consolidation Act 1882. But was not bound hence the necessity of the subpoena
Yours Truly
[Signed] JF Williams
~ ~ ~ ~ ~
[On the depositions’ cover sheet is the following]
In the Circuit Court
Wagga Wagga
27th September 1883
AG’s No. 83/199
Depositions.
CS’s No. 12
The Queen
against
William Lund
Sodomy
See [below] within [William Bede Dalley] AG
Committed at: Narrandera
on: 5th September 1883
~ ~ ~ ~ ~
1. Buggery
2. Indecent assault
See Sec[tion] 31 (s ?) CLA
[Initialled] WBD AG
10/9/83
~ ~ ~ ~ ~
The learned Crown Prosecutor will very carefully consider this case, with the view of satisfying himself whether there is any reason to suppose that the charge of infamous offence has been preferred from (within ?) of malignity.
[Initialled] WBD AG
19/9/83
~ ~ ~ ~ ~
Justice JGL Innes’s Notebook 10
56
[Central Criminal Court Darlinghurst, Wednesday, 7 November 1883]
Regina v William Lund, Clerk – S----y at Narrandera on 25th August ’83 with Henry Furber.
2nd Count – Feloniously did indecently assault said HF.
Plea – Not Guilty
Gibson for prisoner.
11
Attorney General opens the case, in his own peculiar way; – very elaborately – taking a good half hour at it – with
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Patrick Laurence Vaughan. Senior Sergeant, constable at Narrandera. The prisoner was Church of England Clergyman there – On 3 September 83 I served him with a summons at the parsonage his residence – He as I read it – he said “Why, the man must be mad” – I said “He’s sworn the information he said well Mr that you brought him into the place.” – He said: “Well Mr Elworthy can prove I didn’t” & that’s all I can remember. 12 “Furber says that you brought him into the room to sleep with him that night.” – “Elworthy can prove he didn’t sleep with me.” I said: “What time did Elworthy come home that night?” “About ½ past 10.”
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Cross-examined – On the Wednesday after the Thursday night the case was heard at the Police – About that time a dead body was brought into Narrandera for an inquest – The Police Station is on adjoining allotment to the Parsonage. The Parsonage is nearer the Police Station than the Parsonage stables are. The dead body was not kept at the Police Station – but at a public house on opposite side of the street.
Re-examined. I didn’t know where Furber slept ordinarily.
Henry Furber. Young man with moustache. I was in prisoner’s service from August or September for 5 weeks – I had been in a draper’s shop
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& before that was a station hand for 3 years – Samuel Jones introduced me to the prisoner – he was then Mr Lund’s servant – I took his place – I had to look after the horses, do the garden – keep the church clean – & make myself generally useful – Church was near the parsonage. I slept off the house in a bit of a detached cottage – another boy beside me – he used to drive the buggy – For a month I got on very well, except that I didn’t think the meals very good & I told him I wanted to go – I complained of the way the things were done in the kitchen – there was a china boy & a girl Matilda Cooper &
60
her sister – a little girl – Prisoner behaved well to me. One Friday night, the 27th of September I think – eight days before I went to the police (that was Monday) on the Friday week before I went to the police – I went to bed shortly after 9 pm in my own room – about 10.30 or a little after 10 prisoner called me to rug the horses. I had not rugged them – I got up & rugged the horses – when I had finished he called me into the garden, a flower garden – we had a look round the garden admiring the flowers. It was light – I think a moonlight night. It
61
was near 11 then & I went to bed – a few minutes after he came to my room & said “Are you warm enough” – “Yes.” “I can give you some blankets if you like” – “Thank you I’ve plenty of blankets & am quite warm enough.” He went away – 2 or 3 minutes after he came again – he I had got into bed again. He knocked at the door & said “I want you to come into my room. I’m afraid I’m going to have one of my bad fits.” – I went into his room – a double bed in it – about a chain away – I put my trousers on to go into his room – I took off my trousers and at his bidding got into his bed – he walking up & down
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the lighted passage – complaining of being bad & saying he expected a bad fit – I went to sleep. About 12.30 or 1 I woke – he was then undressing – he got into bed, having his night shirt on – he was groaning & complaining of his heart & pains – I was kept awake by that – for about 1 or 1½ – I went to sleep – I had a night shirt & a flannel shirt on – I was woke about 2 or 3 o’clock – having been asleep about 2 hours – I went to sleep about 2 or 3 – was woke about 3 – I felt prisoner’s person at my behind & his hand on my
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[pp. 64-65 are blank]
person – I found I had discharged on my stomach & legs – his arm was over me – his hand on my person – his person was just close to my between the cheeks of my behind – I am subject to piles – I was startled & moved away to the other side of the bed – he was groaning & complaining, said he was bad – he turned over to the back – when I had gone to sleep my shirt was down over my thighs, when I woke it was above my posterior – I didn’t know what to do – I kept awake some little time, went to sleep again, was again awoke – he had his hand again over my person – about 6
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he called me again – I went into my own room & lay down – I was tired, having had such a disturbed night. I left him in the bed. I saw Matilda Cooper – on Sunday I went to see Jones. He was then living at Adams the butcher slaughtery. I made a statement to him, he made a statement to me – another man was present – On Monday morning I saw the prisoner in the stable. I said to him “I wish to leave you.” – “What for” – “Last Friday night was quite sufficient for me & how do you mean you had your person to my behind” – “Surely Harry you’ve
Photo: Peter de Waal
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made a mistake” – I said “No mistake about it – I’m sure – I won’t stop, no one on earth could induce me to stop – I shan’t be afraid to speak to the public about this – shan’t be afraid to speak about this” – He said “You may be (apprehended ?) through it for defamation of character, injuring my character” I said “Well it’s no use I’m going. There’s 3 weeks wages due to me. Give me my wages & let me go” – “Well Harry I’d rather you’d stop – I shall be going away to the stations” – I said “It’s no use I won’t stop” – he said “I want someone I can trust in the place” – “There’s only that one thing against you – you don’t
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go the right way to get anyone to stop with you. He said I won’t stop on any condition” – I said “In a case like this I’m not compelled to give a week’s notice.” He then put his hand on my shoulder & said “Harry do forgive me this time & it will never occur again – I had some brandy before I went to bed & a very little makes me intoxicated, even one glass of port wine”. I said “What possessed you to get me there at all?” He said “If Mr Elworthy had been at home I wouldn’t have
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asked you” – I said “Well I should be most happy to stop up with you any night really bad – but getting me into bed & doing that to me I can never forgive – I mean to go” – He said “All the blankets in the world couldn’t keep me warm when I’m like that.” – I stayed till the following Sunday night Monday morning. On that Sunday I On that Monday morning I saw prisoner – he called me as I was coming from King’s office – he is the CPS. – He says “Harry I can’t make out what’s the matter with you – you’ll be committing suicide, throwing yourself in the river if you go
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on like this – what’s the matter?” – I said “I’m going on Wednesday next” – He said “I don’t know what’s come over you – you want medicine – podophyllin” 13 – I said “I’ve got some podophyllin” – I had seen the Police on the Monday morning – While I was at the Police Station just outside the kitchen, Matilda Cooper came with a message & I went to see prisoner – I went straight through into his room – He says: “There’s a warrant for me.” I said “Well I’m very sorry.” He said “It’s no use being sorry. You’ve ruined me.” – I said “Well I’ve been upset. I didn’t
71
know what to do & I’ve spoken to the Police about it.” – I went out – he called me in – & said “Harry there’s only one thing now for it, you must (?) go in & deny it or take the train & clear, & the case won’t appear.” I said “No I will not do either.” & I left – The day after he did that to me I had pain in my bowels – I had taken medicine in the morning directly I got up – pills – I never spoke to anyone who had, or gave me to suppose he had, any feeling against the prisoner, & I had none – I knew of no one who had. – My room was nearer to the Police Station than the prisoner’s was.
72
Cross-examined. The alleged offence was on Friday night or Saturday morning. On the Sunday I saw Jones. On the Monday I spoke to prisoner. I remained in prisoner’s employment. On following Monday I again visited Jones. On the Monday after that 2nd interview with Jones I laid the information. – On the Monday after I had laid the information I said to prisoner “I’ll be going away about next Wednesday” – I have told the same story here today that I told at the Police Office – At the Police Court I spoke of the brandy – & the port wine & his being easily affected by it.
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At the Police Office in my evidence I did not say a word about his having told me either to deny it or to take the train & clear – I didn’t say it there as he had said to me you needn’t say I advised you to do that. I didn’t know Jones to speak to before he called me & got me the situation – I thought I’d seen him in Victoria. – I swore at the Police Office I had known Jones in Victoria but not to speak to. Jones said to Lund that he had known me in Victoria when he was recommending me. – At the Court he said he had told that lie in order to get me the place. Before the alleged offence I was not very anxious to get away.
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I had spoken complained of the bad food before – before my making that complaint & the Friday night – Jones had come to prisoner trying to get the situation again. – He came alongside the Church, no woman with him 14 Prisoner came out then to the door – I requested prisoner to take Jones back – He said “I don’t care about Jones or Mrs his wife – she is no cook & I don’t like the style of her – it was after that 15 Jones that prisoner said “I think Jones a bad man – he & his wife (or he & his wife) tried to trump up a charge against Mr Devlin.” – No, it was after the Friday night
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that Jones said that to me. – It is true I suppose, as Mr Lund told me so, that Jones did that about Devlin – Devlin is a squatter. – I never heard if it from anyone but prisoner. – I went to (Adams’s) slaughter yards to see Jones. His wife was living with him there – On the Wednesday night after the Friday night 16 there was a coffin open with a dead body in it & a bad smell, & to get away from it I went into the bath room to sleep – there was a bed in it – & I said to prisoner “I came in here to sleep in consequence of the bad smell” – the bath room was next door or next door but one to prisoner’s room –
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I ought to have rugged the horses. – it was I had forgotten to rug them – he called me up to do it & I did so – he called me into the garden & had a small talk – I went to bed …
17 (Mr Elworthy lives in the house – he sleeps in a separate room – I saw him that afternoon about the house) – Friday night also
… He came & knocked & said “Are you warm enough?” – I said “Yes” – the “other boy” I spoke of was the china boy – he & I were sleeping toge in the same room – When prisoner was walking about groaning he said “If I got one
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of my fits – you must come & hold me – that’s all you have to do.” – I went to sleep – It was dark when he came onto the room & undressed – I couldn’t swear he only had a night shirt on – When I woke & found him as I have described I did not jump out of bed – I was frightened – I had had an emission – & it was all over me – my night shirt was half way up my back; very often it works up my back when I am sleeping alone. – I did not know when I woke up what prisoner had done to me – it was in my sleep – it was
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next morning I felt more pain. – I went to sleep in the same bed. – I had the feelings when I first woke up as if he had penetrated me, but still I did not leave him. – next time 2 hours I woke up I again found his hand again on my person & even then I did not get up till prisoner told me it was time to get up, my usual time for rising. – My posterior part seemed open next morning, & there was a peculiar feeling – when I got up I told Matilda Cooper something – I did not tell her that Mr Lund
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had had a fit in the night.
Re-examined: Prisoner’s room is at the back of the house – I couldn’t say – I don’t know – the room I was in with him on the Friday night was the front room. The bath room was at the back of the house – to get into it I went through the house – the bedroom in which I slept that (Wednesday) night was not the bathroom but a dressing room adjoining the bath room – Matilda Cooper & her sister slept in the main building.
To Gibson. Before I came here I was 8½ years in a draper’s house in Edgeware Road – I am 28.
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Matilda Cooper. – I was in service of prisoner – cook & general servant – my sister was there about 13 – we slept in a little room off the parsonage just at the back – it was all under the one roof – my door opened into a passage which led through the house & into the yard. – To get into the bath room you would go through another room – it & the bath room were on opposite sides of the passage – prisoner slept in the front room. Elworthy in a room behind his – both of those being on the bath room side of the passage – the parlor was on (other ?) side, & the dining
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room behind the parlor. I remember a Friday I think – the 24th September I think – my sister & I slept together – I heard prisoner come to the door before I went to bed 18 – he called Harry. The last witness came & prisoner spoke to him but I did not hear what they said. – I went to sleep about 10.30. I got up at 6 next morning – heard nothing in the night – I made the bed in prisoner’s room – I did not observe whether more than one person had slept in it – I took no notice & saw nothing unusual. Elworthy came home very late I believe – he was there next morning – I made his bed
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next morning – he his bed had been slept in.
Cross-examined. There is no door between Elworthy’s room & prisoner’s. You must come into the passage. Next morning prisoner 19 came out into the kitchen just as usual – I couldn’t see where he came from – he said: “Mr Lund had one of those fits last night.” – Lund used to suffer from epileptic fits – he used to complain when they were coming on – he was complaining all the afternoon of that Friday just as he used to complain at other times & when they were coming on. – Mrs Willing
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an old housekeeper had been there occasionally before, & she & Mr Elworthy used to look after prisoner when the fits would be coming on. – Whenever he felt them coming on he used to be anxious to have somebody near him. I’ve been there 15 months in his service. – I used to wash for prisoner – he never wore night shirts – he wore jyjamas [sic] trousers, & a jacket. –
Re-examined. He wore them that night, they were on his bed the next morning just as usual, – apparently having been slept in – he used to wear a day shirt in the day. – all the next day Saturday he was
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apparently very bad. – Furber said he slept with Mr Lund & he had had one of those fits last night.
To me. I noticed nothing unusual about Furber’s appearance, no agitation or excitement of any kind, just the same as any other morning all the time.
Samuel Jones. Labourer – employed at Adams’ slaughter yard – 4 miles from Narrandera. – I was in prisoner’s employ for 6 or 7 weeks & left it some 10 or 11 weeks ago. – Furber came when I left. I remember his leaving prisoner. –
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On the Sunday week before pris Furber left prisoner’s – he came out to me at the slaughter yard. – We had a conversation – only bid him the time of day – he stayed there a couple of hours – I was at work slaughtering. On the Sunday after that I saw him again – again at the slaughter yards. – Then we had a short conversation – only just spoke to him. –
Cross-examined. I got Furber the place – I did not know him – I had seen him in Victoria – I told prisoner I knew him – I wanted to get away, – that’s why I told prisoner the lie. – When I first went to prisoner’s I told him I was married to my wife – but
86
that was not true – and after that I asked prisoner to marry us & he did. My wife was in the employ of Mr Devlin – a squatter – I heard from her that Devlin had made improper proposals to her & had blown out the candle in the room where she was & I told Lund that – I did not wrote after that to Devlin to get a place for another boy – While Furber was with Lund I never tried to get back into his employ. I never asked Furber to try & get me back into Lund’s
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service – I swear that –
To me. Furber told me once that Lund was going to sack Matilda Cooper & he said to me “That would suit you & your missus,” & I replied “Yes, it would suit us right enough.” –
To Foster. I was not willing to go back.
To me. Yes I was.
To Juror. We were killing that Sunday & boiling down – it is usual to kill there in the summer.
(Luncheon adjournment)
Case for Crown closed.
For defence.
Alexander Barber. Legally qualified medical practitioner at Narrandera. During 2¼ years I have several times attended prisoner for epileptic fits to which he is subject – He feels
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them coming on – it attacks different people in different ways; the premonitory stage, – the incursive fit,– then coma. – They generally try when premonitory symptoms show themselves to get where other people are & to protect themselves in case of their fall. – I had one case in Narrandera of a lady who during the premonitory stage divested herself entirely of all her clothing & entirely exposed herself – that is not at all an unknown symptom – & for people to throw their arms around other people in an apparently loving manner. – Prisoner used to be very nervous about himself – & thought he was suffering from heart disease
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which during one of these attacks might terminate fatally. It is quite possible that a man might in bed have these fits – another person being in bed with him & yet that other person not know that there had been any fit – I knew a case similar in (?) experience & in that instance the fits terminated in madness – I had not been in Narrandera 3 months before I was called upon to attend him in a violent fit which threw the whole house into commotion. – I never charge clergymen & I think this made him feel delicate in calling me at times when perhaps in prudence he should have done so. – About 3 months ago was the last time I attended him in a fit. –
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After these fits his mind would be in a confused & clouded state for a day. – Penlition would have the effect of inflaming the parts & they would be contracted thereby not open; & in most cases if a man were so penetrated for the first time it would cause excruciating pain 20 – it could hardly be committed without waking a man; unless he were under influence of opiates it would certainly awake him. – in fistula of the anus there is always more or less discharge; – & in the cases of piles – any man subject to piles if he has intercourse with a woman – or a nocturnal
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emission – it would produce feeling of great pain in the rectum. –
Cross-examined. 7 or 8 times or perhaps a day: he has had fits while I have been in attendance on him – during a fit no man has sexual desire.
Re-examined. Feeling great cold is a symptom.
(Furber’s deposition read to contradict)
William James Elworthy. Inspector of Stock at Narrandera 21 I know, & for 11 months lived with, prisoner. – he was subject to epileptic fits. – I was not at home till 11 – I left a few minutes past 8 – I came back at 11 22 & slept there – prisoner was too unwell to go out with me – next day he was
92
unwell. –
To me. I had been out spending out the evening out in the town – I walked home – went straight to my bedroom – undressed leisurely – about 10 minutes or so doing it. – His bed room was the front one – only a wooden partition between his room & mine – in my room you could hear a move in his – the least thing – I heard nothing – I got up about 8.30 next morning – I can’t remember seeing either prisoner or Furber next morning. – Narrandera is a town of about 1,200 inhabitants:– prisoner was officiating regularly – the congregations
93
were good.
(Foster objects to my asking as to character – unless he could cross-examine – I therefore do not ask as to character.)
Gibson to the Jury –begins at 2.30. Great discrepancies between Furber’s evidence at Police Office & here. – finished at 3.10.
Summed up – finished at 3.55.
After 5 minutes consultation in the box – Jury retire at 4.
At 4.15
Verdict – Not Guilty. – Prisoner discharged.
[Appendix – allocated page numbers 64 & 65]
59 s – p.26
Carnal knowledge proof of penetration – S61 p.26
Stephen Corm. Edn. 1845 Vol. IV p.136
What has been observed in the case of rape, especially with regard to the manner of proof, which ought to be the more clear in proportion as the crime is the more detestable, may be applied to another offence, of a still deeper malignity, the infamous crime against nature, committed either with man or beast; a crime which ought to be strictly & impartially proved, and then as strictly and impartially punished – But it is an offence of so dark a nature, so easily charged, & the negative so difficult to be proved, that the accusation should be clearly made out; for if false, it deserves a punishment inferior only to that of the crime itself.
[65]
3 ways of looking at case.
1 – Guilty
2 – Trumped up charge
3 – Under circumstances &c. (fit)
Absence of all corroborative evidence.
Delay in laying Information.
Character of prosecutor.
Jones & wife –
Epilepsy – Actions of man in –
Doctor’s evidence as to fits.
Doctor’s “ as to commission of crime.
Prosecutor lies in bed &c –
Evidence of Matilda as to Prosecutor saying that Prisoner had fit in night.
~ ~ ~ ~ ~
Evening News, Thu 8 Nov 1883 23
CHARGE AGAINST A CLERGYMAN.
At the Central Criminal Court yesterday, before his Honor Sir George Innes, Wm Lund, Church of England clergyman at Narrandera, was indicted for committing an unnatural offence at the place on the 25th August. A second count charged accused with an indecent assault. The details of the case are utterly unfit for publication. The evidence of the chief witness for the prosecution was uncorroborated in the more vital points; and the jury, after some deliberation, returned a verdict of acquittal. The Attorney-General [William Bede Dalley QC] and Mr WJ Foster prosecuted for the Crown.
~ ~ ~ ~ ~
The Sydney Morning Herald, Thu 8 Nov 1883 24
CENTRAL CRIMINAL COURT.– WEDNESDAY
(Before his Honor Mr Justice Innes.)
The Hon the Attorney-General, assisted by Mr WJ Foster, prosecuted for the Crown.
…
ALLEGED UNNATURAL OFFENCE.
William Lund, Church of England minister at Narrandera, was charged on two counts; first with having, at Narrandera, on the 25th August, committed an offence. The second charge was one of indecent assault. Mr Gibson, instructed by Mr [John Fleming] Williams, of Narrandera, defended the accused.
The Attorney-General opened the case at considerable length to the jury. In inviting their attention to this fearful accusation, he said he was compelled to point out to them some of its dreadful circumstances. It was so foul, so loathsome, so detestable an offence, that to some its perpetration almost argued a deprivation of reason. And always out of humanity when such an accusation was preferred one paused to inquire whether it was not more explicable by the malignity than by the infamy of the accused. In the case before them the horror of the offence was heightened by the position of the accused – he was a man with all the accomplishments of a gentleman – and he was a Christian minister. And yet if they believed the principal witness for the prosecution, it would be almost impossible for them to resist the conviction that the accused was a guilty man. He proceeded at length to place before them the circumstances as they would be disclosed, imploring them to watch the case closely in the interests alike of the prisoner and of public justice. Having done this, he said if, after hearing the evidence, they felt themselves irresistibly compelled to a conviction of the guilt of the accused, they would do their duty, however distressing that duty might be. If, on the other hand, they were enabled to take another view of the case, he need scarcely assure them that no one would more sincerely rejoice than himself that this infamy was removed by their verdict from the reputation of the prisoner and the fame of the country.
HIS HONOR summed up rather in favour of the accused, the evidence of the principal witness for the Crown being uncorroborated, and at 4 o’clock the jury retired to consider their verdict. After deliberating for a short time, they returned a verdict of not guilty, and the accused was discharged.
1 The Maitland Mercury and Hunter River General Advertiser, Tue 23 Sep 1879, p. 7.
2 The Maitland Mercury and Hunter River General Advertiser, Thu 10 Feb 1881, p. 4.
3 Evening News, (Sydney, NSW), Thu 6 Sep 1883, p. 2.
4 Newcastle Morning Herald and Miners’ Advocate, Sat 8 Sat 1883, p. 4.
5 The Wagga Wagga Advertiser, Sat 8 Sep 1883, p. 2.
6 Queanbeyan Age, Tue 11 Sep 1883, p. 2.
7 The South Australian Advertiser, Fri 28 Sep 1883, p. 5.
8 SRNSW: NRS880, [9/6698] , Supreme Court, Papers and depositions, Wagga Wagga, 1883, No. 199. Emphasis added.
9 1) Submitted for the decision of the AG. [initialled] (IVWS ?) 21 Sept 1883. 2) This application will be complied with. The trial will take place at the next sittings at Darlinghurst. Let the necessary steps be taken. [initialled] (MM ?) 3) Telegram to Police Narrandera and Messrs W & W infd 21/9/83.
10 SRNSW: NRS6223, [2/4544] , JGL Innes, J. Notebooks Criminal Causes 1881-95, pp. 56-93. Emphasis added. Pages 64-65 in the notebook are blank, however, two loose pages of legal argument were found between these pages.
11 Mn: Sc. 59 & 60 of new Act. P[enial] S[ervitude] Life or not less than 5 years. 2nd Count or the attempt if under s.374 convicted thereof – PS for 5 years Imprisonment + hard labour for any less term than 5 years not less than 1 year.
12 Mn: pressed & then
13 Phudophin in transcript of Depositions.
14 Mn: He was waiting about 3 chains off to hear what I could do with prisoner. The Church is about a chain from the Post Office
15 Mn: a day or two after – but still before the Friday night
16 Mn: between my bedroom & the Police
17 Mn: Inspector of stock
18 Mn: about 10
19 Almost certainly, according to the context, means Furber.
20 Mn: if he were subject to piles, the pain would be intense
21 Mn: Very respectable looking man
22 Mn: 11.15 or 11.30
23 Evening News, (Sydney, NSW), Thu 8 Nov 1883, p. 2.
24 The Sydney Morning Herald, Thu 8 Nov 1883, p. 3.