1900, John David Evans

Newcastle Morning Herald and Miners’ Advocate, Sat 31 Mar 1900 ¹

LAMBTON POLICE COURT.
Friday, March 30.
(Before Mr L[ester] S[tuart] Donaldson, SM.)

…
A youth named JD Evans was charged with attempting to commit an indecent offence on the 23rd instant.
Mr Reid, solicitor, appeared for the accused, and Sergeant Salter prosecuted.
Constable Toohey gave evidence of what he had seen and heard before he arrested the accused.
The case was heard with closed doors.
Noah Davies and Thomas Monegal [sic] also gave evidence for the prosecution.
Accused was then committed for trial to the Maitland Circuit Court, to be held on the 3rd of April.

~ ~ ~ ~ ~

The Sydney Morning Herald, Sat 31 Mar 1900 ²

NEWCASTLE.
———◦———

…
At the Lambton Police Court to-day John David Evans was committed for trial to the Maitland Circuit Court on a charge of a serious nature.

~ ~ ~ ~ ~

Depositions for John David Evans 6 Apr 1900 Maitland trial ³

(a) Town.	Letter from Bench of Magistrates at ^(a) Lambton
	transmitting Depositions
(b) Name in full of accused.	in the case Regina v. ^(b) John David Evans
(c) Offence.	^(c) Attempting to commit the abominable crime of buggery

(d) Town.	Police Office, ^(d) Lambton
	30th March 1900
	Sir,
	I have the honor, by direction of the Bench of Magistrates,
	to transmit herewith the Depositions, and other documents in the
(e) Name of accused	case of ^(e) John David Evans
(f) “His” or “her”	who has been committed to take ^(f) his
(g) “Circuit Court,” or “Quarter Sessions.”	trial at the ^(g) Circuit Court
	to be held at ^(h) Maitland	on Tuesday the 3rd April 1900
(h) Town where Court to be held.	the
	The accused is ⁽ⁱ⁾ admitted to Bail Self in £50. and two sureties in £25 each. Sureties John Hutchins Davis of Wallsend, miner, and Henry (Olt ?) of Lambton Maitland, Signal man.
(i) “Is confined in the Gaol at …,” or “has been admitted to bail” (with full particulars as to sureties, addresses, occupations, and amounts, as set out in Recognizance.)
(k) As in Recognizance, both for Crown and defence, specifying also what witnesses gave evidence but were not bound over, with reason for omission.	The Witnesses bound over are ^(k) Constable Michael Joseph Toohey, Noah Davis and Thomas Monagle
(l) Short description to enable identification.	The Exhibits enclosed are ^(l) Nil
	I have the honor to be, Sir, Your obedient Servant,

	[Signed] MJ Walsh, JP
	Clerk of Petty Sessions
The Secretary,
Attorney General's Department.
N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates
4g 201-90

~ ~ ~ ~ ~

NEW SOUTH WALES POLICE.

Lambton Station.
30th March 1900.

North Eastern District,

Report relative to antecedents of:–
Name: John David Evans
Offence: Attempting to commit the crime of buggery with one Noah Davis at Lambton on the 23rd inst.
Committed for Trial at: Maitland Sessions 3-4-1900 Circuit Court.
Date: 3rd April 1900.

Sergeant G Salter reports:– That the accused is a coal miner working at Raspbury Gully Mine and resides with his parent mother Young Street Lambton.
He was brought before the Lambton Bench on the 22nd September 1899 and fined £1 and 5/6 costs for breach of railway by-laws viz. smoking in tram shed, Lambton.
The accused’s father is in Western Australia.

[Signed] George Salter, Sergeant.

~ ~ ~ ~ ~

(M., 11 and 12 Vict., Cap. 42.)

Depositions of Witnesses.

TO WIT. }

The examination of Constable Michael Joseph Toohey of Lambton in the Colony of New South Wales, Noah Davis of Lambton in said Colony, miner and Thomas Monagle of Lambton in the said Colony, miner taken on oath this 30th day of March in the year of Our Lord one thousand nine hundred at Lambton in the Colony aforesaid, before the undersigned, one of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of John David Evans who is charged this day before me for that he the said John David Evans on the 23rd day of March 1900 at Lambton in the said Colony, did attempt to commit the abominable crime of buggery.

~ ~ ~ ~ ~

Court House, Lambton
24th March 1900.

Before MJ Walsh JP.

Regina versus John David Evans

Charged with having at Lambton in the Colony of New South Wales, on the 23rd day of March 1900 attempted to commit the abominable crime of buggery on one Noah Davis.

Remanded till Friday next the 30th day of March 1900 at the request of the Police.

[Signed] MJ Walsh, JP.

~ ~ ~ ~ ~

Court House Lambton.
30th March 1900.

Regina versus John David Evans

Charged with having at Lambton in the Colony of New South Wales, on the 23rd day of March 1900 attempted to commit the abominable crime of buggery on one Noah Davis.

This deponent Michael Joseph Toohey on his oath, saith as follows:– I am a Constable of Police stationed at Lambton. At about 10.30 pm on the night of the 23rd March inst I was on duty in Young Road, Lambton, I heard voices and someone making use of indecent language. I hurried to the corner of a fence about

30 yards from where I was standing. I saw two youths lying on the grassy bank in the street side. Presently one of them said in a loud tone of voice “But by Jesus Christ you can’t get it in. Spit on the end of it and it will slip in easily, come on I have got my pants down.”

I rushed up and I saw the accused

and another youth named Noah Davis.

They were lying on the grass. As I got near them Davis raised himself to a sitting position, the accused was lying on his belly. He had his pants down and his backside was exposed. Davis was sitting close by and his dress was not disarranged and he was properly clothed.

I caught hold of the accused and I said “What are you doing here?”

He replied “Nothing.” I then arrested him and conveyed him to the lock up and the following morning I charged him with attempting to commit the abominable crime of “buggery” with one Noah Davis on the night of the 23rd March on one Noah Davis. Cautioned him in the usual way. He replied “Monagle was just as bad as I was but you did not get him.”

Davis is known as Monagle. I did not arrest Davis.

It happened nearly opposite Mrs Pension’s place.

It would be about 60 or 70 yards from the residence of Tom Monagle.

Tom Monagle came on the scene where the boys were and he said in the presence of the accused, “This is the one you want,”

pointing to the accused he was wanting the other one to go for him. He looked at Davis and said “You go home to your grandmother.”

The “Monagle” referred to is an uncle of Davis.

I am quite sure Davis’s trousers were buttoned down, not undressed in any way.

When I got hold of the accused he said “Hold me, Mr Toohey till I

get my trousers in pulled up. The accused appeared to be slightly tipsy and his age is about 18 years. Davis is 17 years of age and he also appears a little under the influence of drink.

Bench: Davis was lying on his side close to Davis Evans when I first saw him.

They were perfectly capable of taking care of themselves at the time.

By Mr Reid Solicitor for Defence: The language could have been heard 60 or 70 yards away. It was a bright moonlit night and the moon was up. All I saw the accused do was simply lying down on the grass with his pants down. I did not see him make any attempt to touch

Davis. Monagle Davis was nearest to me (his back to me). I could not see anything done. The accused appeared a soft sort of fellow. I believe on one occasion the other boys they pulled pulled [sic] his clothes off, I heard so. I did not see him do anything to Davis in any way whatever.

[Signed] Michael J Toohey, Constable.

Taken and sworn at Lambton this 30th day of March 1900 before me.
[Signed] LS Donaldson, SM.

This deponent Noah Davis on his oath saith as follows:– I live with my grandmother at Lambton. Her name is Mrs Monagle and I work at a colliery the Wallsend Colliery.

I know the accused “Evans”. I was in his company last Friday night, first at Browns’ Fruit Shop at Lambton about 2½ hours after dark. After that we came up Young Road and we sat down on the footpath on a grassy

bank. The nearest house is Mrs Pension’s. We went to O’Heas Public House after leaving Browns, and had to drink 2 or 3 shandy gaffs.

At the grassy bank accused took his pants [down]. He asked me to put my prick into his behind.

He lay down on his belly on the grass and asked me. I said “No”, and started to move away and he caught me by the leg and stopped

me and Constable Toohey came on the scene.

When the accused caught me by the leg I sat down. The accused then said “I know you like a bit of boy.” The next was the Constable coming.

From the time I sat on the bank till the Constable came was a short time.

The accused had some drink in before I met him.

I saw Sergeant Salter last

night when the accused said to me “Put your prick into me.” He also said “Spit on the end of it and it will slip in.”

By Mr Reid Solicitor: Sometimes I drink “rum”. I had 2 or 3 that night. He must have more drunk than me.

He had one more drink than me.

He had a good go in before me.

The accused drank shandy gaff with me. I know Enoch Fellows, he was with

us, we met him afterwards. About 9 o’clock me, the accused, and Fellows went to accused’s mother’s place and went down the town again and had more drink. About 10 pm we I came home with the accused.

Boys often sit at or about the same place at night.

The accused is a bit of a “softy”.

Boys often pull his pants down and smack his behind and he enjoys the fun also. We were having a bit of fun together

previously. I hardly never heard hear him using dirty language. I tried to get away from him when he had hold of my leg. I was not afraid of him.

I noticed his pants came down when we were playing at first. When his pants He never suggested anything. He pulled his pants up then, I don’t think his pants fell down again the 2nd time. He uses a belt. I never noticed his belt fell down.

The front of the buttons of the pants were undone. The

buttons must have been loose. He sat down first and pulled his pants down. I was about 2 steps from him and never closer to him.

It was before he caught my leg that this happened and the accused said what I have just stated.

All he actually did was to ask me to do it. I was sitting up all the time and never lying down or

facing him.

I was (2) two yards away when he reached over and caught hold of my leg.

[Signed] Noah Davis.

Taken and sworn at Lambton this 30th day of March 1900 before me.
[Signed] LS Donaldson, SM.

This deponent Thomas Monagle on his oath, saith as follows:– I am a miner and reside at Young Road at Lambton. I was at my own place between half past 10 and 11. I heard some disturbance near. I went listened and heard some swearing. I recognised my nephew’s voice. Constable Toohey was there before me. My nephew was sitting upright on the grass. I told him to get away

home.

I did not notice the accused trousers were disarranged till Constable Toohey went to arrest him. Then I did

I said to Constable Toohey “You had better take the other fellow.”

I don’t remember saying anything more.

I had heard language used but could not remember any particular expression.

By Mr Reid Solicitor: Both were swearing. I was about 40

yards away.

I saw the man coming round and it was “Toohey”. He was about 10 yards in front of me.

[Signed] Thomas Monagle.

Taken and sworn at Lambton this 30th day of March 1900 before me.
[Signed] LS Donaldson, SM.

G. 190.

REGINA.
versus
John David Evans

Offence,— Attempting to commit sodomy

The accused stands committed to take his trial at the next Court of Assize to be holden at Maitland, on the 3rd day of April 1900. Bail allowed the accused in £50 and two sureties in £25 each, or one in £

[Signed] Lester S Donaldson

JP.

Dated at Lambton Police
Office, Lambton
this 30th
day of March
AD 1900
4g 416 - 88

~ ~ ~ ~ ~

(O. 1, 11 & 12 Vic., Cap. 42.)

Recognizance to give Evidence.

New South Wales, Lambton
TO WIT. }

Be it remembered, that on the 30th day of March in the year of Our Lord one thousand nine hundred Michael Joseph Toohey a Constable of the Police Force, stationed at Lambton in the Colony of New South Wales, Noah Davis of Lambton in the said Colony, miner and Thomas Monagle of Lambton in the said Colony, miner 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 above mentioned, at Lambton in the said Colony, before me.
[Signed] Lester S Donaldson.

The condition of the within written Recognizance is such, that whereas John David Evans was this day charged before LS Donaldson Esquire one of Her Majesty’s Justices of the Peace for the said Colony, with attempting to commit the abominable crime of buggery.

If therefore, 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 the 3rd 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 John David Evans for the offence aforesaid, to the jurors who shall pass upon the trial of the said John David Evans.

Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] LS Donaldson, JP.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Circuit Court.
Maitland
3rd April 1900
AG’s No.
Depositions.
RC’s No. 13
Regina
v.
John David Evans
Attempted unnatural offence
Committed at: Lambton
on: 30 March 1900

~ ~ ~ ~ ~

Received since close of Court

~ ~ ~ ~ ~

Justice GB Simpson’s notebook ^4 5

[Maitland, 6th April 1900]
Regina v John David Evans. Unlawfully & indecently (?) & (meeting ?) Noel Noah Davis to attempt to commit & perpetrate with him (prisoner) the abominable & detestable crime of buggery.
Misdemeanour at (?) (?)
Defended by R Windeyer.

Constable Toohey of Lambton. 23 March on duty about 10.30 in Young Street. Heard (several ?) cries coming from Young Road, indecent language. I went hastened [to] a corner of a fence & stood. About 30 yards from where I stood I saw 2 youths lying on a grassy bank on the street. Heard on one of them say “By Jesus Christ I can’t get it in – spit on the end of it & you’ll make it slip in easily. Come on, I have my pants down.” I rushed up & saw the prisoner & a youth named Davis. Prisoner lying on his belly. Davis raised himself to a sitting position as I approached. I got hold of prisoner. His backside was exposed – his trousers down. I said “What are you doing here?” He said “nothing.” (?) the other youth – his trousers were not unbuttoned. Tom Monagle ⁶ came. He said in the hearing of prisoner “Noah Davis, you go home to your grandmother. This is the one you want. He’s been trying to get the other to go for him.” He said “Hold on, Mr Toohey, till I get my pants up.” I took him to the lock up. (?) (?) (?) (?) He said “Monagle was just as bad as I was but you didn’t get him.” Thomas Monagle is an uncle of Noah Davis (aged ?) about 17 & resides with his grandmother at Lambton. Both prisoner & Noah Davis appeared to be slightly tipsy. He could walk without assistance & spoke coherently.

Cross-examined. The word “fuck” used

that evening in more than 2 voices. There were only 2 there. Their conduct was voices were loud – there was (laughter ?) – they were not boisterous. There was horse play – pulling each other about. They were quite able to take care of themselves – I wouldn’t say they were skylarking. (?) I have heard that (?) cowards have pulled his clothes off – was a bit soft. I have never heard low class allusions to sodomy where I am – I have never heard amongst low class of larrikins allusions to fucking one another – anyone in the same (locality ?) could hear what was said.

Noah Davis. I am about 17 or 18. Nickname (“Tinker” ?). I am called all sorts of names – Monnegal. I work in Wallsend pit, live with grandmother at (?) Lambton. 23 March Friday I was with Enoch Fellows, a boy about 14 or 15. Prisoner & I & (?) went to Brown’s fea fruit shop & to a beer shop, O’Hea’s. I had a drink – 3 brandy gaffs & 3 rums. We (?) Prisoner had more drinks than I care to. He had liquor on him when I met him. We went over to Brown’s shop again. Prisoner & Fellows went away & came back – Fellows went away. Me & prisoner went up the Young Road. We sat down on a grassy bank. We had a bit of a wrestle in fun on the (?) – after a while he pulled down his pants & asked me to put my prick into his arse – I said “No”. He was lying down on his belly, his bottom all exposed. He told me to spit on its head & it would go in easy. I went to walk away. He caught hold of my foot as I was going to get up. He pulled me back. I got down again & then Mr Toohey came up & caught hold of me & prisoner. I asked Toohey what he was going to do – didn’t catch his reply. Thomas Monegal my uncle came up & sent me home & I went.

I was a bit tipsy – the prisoner was more tipsy than I was.

Cross-examined. We had been skylarking for (near ?) an hour. We I & (other ?) after skylarking on that bank when we were wrestling his pan trousers came down. He only had his belt on. I (?) (?) class at Lambton. I am (?). They often use(d ?) the word ‘fuck’ there (behind ?) (me ?) as I passed. We make fun of prisoner regularly. We have often slapped him when his trousers were down – they often come down. I didn’t take it as a skylark that night. I had not used the word ‘fuck’ that night. Prisoner working in the pit – it was the 1st time he (had ?) asked me to do such a thing. I think that about pulling on the end of it was merely a dirty joke.

Thomas Monnegal. Miner. I am (? ) living on Young Road. Sunday night between 10½ o’clock & 11 I heard swearing (on ?) (bank ?) & other swearing. I recognised ne Noah Davis. I (?) it was him who said “You (bastard ?)”. I came out of my place – door was open – I went in direction of voices. About 40 yards off I saw prisoner & Davis & Constable Toohey on the grassy bank at side of street. He had a hold of prisoner by the sleeve. He asked him what he was doing. He said not’g “nothing.” I told Davis to go home. After he went I’m not aware of saying anything to Toohey. I heard prisoner say “(It’s ?) (not ?) (me ?) Mr Toohey (?) a great many of the boys – (?) (?).” Then Toohey picked him up (?) prisoner said “wait till I fasten up my pants.”

Cross-examined. I have heard pit boys making use of (?) (?) language with reference to sodomy. I have heard swearing. I have heard the word fu “fucking” & other (?) words.

Statement of accused 30 March (accepted ?) (& ?) put in (?) at request of Windeyer Exhibit Exhibit A.

Windeyer to Jury.

I sum up.
Jury retire at (12.20 ?)
Return at (15 to ?) 4.
Verdict – Guilty with a recommendation to mercy on account of his youth & apparent lack of intelligence.
Six months imprisonment Maitland Gaol.

~ ~ ~ ~ ~

The Maitland Daily Mercury, Fri 6 Apr 1900 ⁷

MAITLAND CIRCUIT COURT.
THURSDAY, APRIL 5.
(Before his Honor Justice Simpson.)

…

Friday, April 6.

The Circuit Court re-opened at East Maitland at then o’clock this morning.
…

ALLEGED ABOMINABLE OFFENCE.

John David Evans, a youth, on bail, was charged with having, on March 23, at Lambton, unlawfully, wickedly, and indecently inciting one Noah Davis to commit an abominable offence. He pleaded not guilty, and was defended by Mr Windeyer, instructed by Mr WA Read.

The Crown Prosecutor explained to the jury distinction between soliciting someone to commit, and actually inducing that person to commit a crime. A person was equally guilty whether or not he induced the person to commit a crime. He explained the circumstances of the case.

Constable Toohey, of Lambton, was on duty on the night of Friday, March 22. He heard voices, some of which were making use of bad language. He also heard some one make a filthy suggestion. Witness rushed up, and saw prisoner. (He explained the position in which he found him.) There was another boy – Noah Davis. He arrested Evans, and took him to the lockup. Evans said, “Monigle (meaning Davis) was as bad as I was.” – To Mr Windeyer: Evans was a bit “soft.”

Noah Davis, 15 years old, said he was sometimes called Monigle [sic]. He was with Evans and Enock Fellowes on the night of March 23. They had six drinks – rums and shandies. They went down Young-road. (He explained what took place.) – To Mr Windeyer: He and other boys often make fun of Evans, and pulled him about. He had never known Evans to make such a suggestion before.

Thomas Monigle, uncle of the lad Davis, heard some of the language used on the night in question. He went out and saw Evans and Davis and the constable about forty yards away. He heard the constable ask Evans what he was doing; and the latter said “Nothing.” Witness sent Davis home.

This was the case for the Crown. The Crown Prosecutor put in a statement made at the Police Court by Evans – that what was said was uttered in a joke.

No evidence was called for the defence, but Mr Windeyer addressed the jury on behalf of Evans, contending that what was done and spoken was in way of a joke – a low and dirty one, certainly, but still in joke.

The Crown Persecutor briefly replied. His Honor remarked that it was unusual for the Crown Prosecutor to reply when there was no evidence for the defence.

His Honor, in summing up, referred to the whole of the evidence.

The jury retired at 12.20.

The jury returned into court at five minutes to four, with a verdict of guilty, adding a recommendation of mercy, on account of prisoner’s youth and apparent lack of intelligence.

The jury were discharged from further attendance.

His Honor said prisoner must have known he was doing wrong. As he had said the other day, there was a punishment in addition to the actual sentence of the court by reason of the disgrace and loss of employment. The sentence of the court was that accused be kept at hard labour in Maitland Gaol for six months.

~ ~ ~ ~ ~

Newcastle Morning Herald and Miners’ Advocate, Sat 7 Apr 1900 ⁸

MAITLAND CIRCUIT COURT.
Friday, April 6.
(Before His Honor Mr Justice Simpson.)

The Court re-opened before his Honor at the courthouse, East Maitland, at 10 am.
…

A SERIOUS OFFENCE.

John David Evans, on bail, was charged with having, at Lambton, on the 23rd March, unlawfully and wickedly solicited and incited one Noah Davis to commit a serious offence. Mr R Windeyer, instructed by Mr WA Reid appeared for the accused, who pleaded not guilty.

After evidence, his Honor summed up, and the jury retired to consider their verdict at 11.25 am, returning at 4 pm with a verdict of guilty with a recommendation to mercy on account of his youth and apparent lack of intelligence.

The prisoner was sentenced to six months hard labour in Maitland Gaol.

~ ~ ~ ~ ~

The Sydney Morning Herald, Sat 7 Apr 1900 ⁹

MAITLAND CIRCUIT COURT.

East Maitland, Friday.

The Maitland Circuit Court was reopened here this morning.
…
John David Evans, charged with having at Lambton on March 23 unlawfully solicited Noah Davis, was defended by Messrs Windeyer and Reid, of Newcastle. The jury, after four hours, returned a verdict of guilty, with a strong recommendation to mercy on account of prisoner’s youth and apparent lack of intelligence. Prisoner was sentenced to six months’ gaol.

~ ~ ~ ~ ~

The Maitland Weekly Mercury, Sat 14 Apr 1900 ¹⁰

MAITLAND CIRCUIT COURT.

Following are the remaining cases tried before his Honor Justice Simpson at the above court last week.
…

ALLEGED ABOMINABLE OFFENCE.

John David Evans, a youth, on bail, was charged with having, on March 23, at Lambton, unlawfully, wickedly, and indecently incited one Noah Davis to commit an abominable offence. He pleaded not guilty, and was defended by Mr Windeyer, instructed by Mr WA Read.

After hearing the evidence, the jury found the prisoner guilty, but recommended him to mercy on account of his youth and apparent lack of intelligence.

~ ~ ~ ~ ~

John David Evans, Gaol photo sheet ¹¹

SRNSW: NRS2327, [3/5988], Maitland Gaol photographic description book, 1875-1930, No. 1177, p. 21, R5130.

Gaol Photo Sheet - Transcribed Details

No. 1177
Maitland

Date when Portrait was taken: 12-4-1900

Name: John David Evans

Native place: BC Lambton

Year of birth: 1882

Arrived Ship: –
in Colony } Year: –

Trade or occupation
previous to conviction } Miner

Religion: Congregationalist

Education, degree of: R&W

Height: 5' 3¾"

Weight On committal:
in lbs } On discharge:

Colour of hair: Black

Colour of eyes: Dark Brown

Marks or special features: Fracture of nose 4th & 5th fingers crooked left hand

(No. of previous Portrait ... )

CONVICTIONS

Where and When

Offence.

Sentence

Maitland CC

1900

Soliciting with a view to incite a male person to commit buggery

6 months HL

¹ Newcastle Morning Herald and Miners’ Advocate, Sat 31 Mar 1900, p. 6. Emphasis added.

² The Sydney Morning Herald, Sat 31 Mar 1900, p. 10.

³ SRNSW: NRS880, [9/7010], Supreme Court, Papers and depositions, Maitland, 1900, No. 13. Emphasis added.

⁴ SRNSW: NRS7678, [2/6817], Judiciary, GB Simpson, J. Notebooks Circuit Courts, 1895-1909, pp. 67-69. Emphasis added.

⁵ Justice Sir George Bowen Simpson (1838-1915), politician and judge was born on 22 May 1838 at Oatlands near Parramatta, NSW, son of Pierce (Percy) Simpson, then a police magistrate, and his wife Hester Elizabeth, sister of the celebrated engineer Sir John MacNeill. GB Simpson was educated at The King’s School, Parramatta, and was admitted to the colonial Bar on 8 Nov 1858. Because of strenuous and independent advocacy he won a large practice very rapidly. In Aug 1867 he became a District Court judge. The salary was only £1000 and, as he was so young, he soon found that the financial sacrifice was too much to bear. He resigned in 1874, protesting that judges were underpaid, and became a crown prosecutor. In Sep 1892 Simpson resigned from the NSW Legislative Council to act as a judge of the NSW Supreme Court. On 18 Dec 1894 Simpson became a judge of the Supreme Court. He was capable but severe. He was appointed judge in Divorce in 1896. He dressed well, fashionably, and with great preciseness, often exhorting members of the Bar to follow his sartorial example. Knighted in 1909, Simpson acted as chief justice for a year after the retirement of Sir Frederick Darley until Jan 1910. Retiring on 11 Apr of that year, he led a withdrawn life in poor health at his home Cloncorrick, Darling Point. Simpson died of pneumonia on 7 Sep 1915 and was buried in the Anglican section of Waverley cemetery. ADB, 1851-1890, vol. 6, p. 127.

⁶ Various spellings of name in document.

⁷ The Maitland Daily Mercury, Fri 6 Apr 1900, p. 2. Emphasis added.

⁸ Newcastle Morning Herald and Miners’ Advocate, Sat 7 Apr 1900, p. 7.

⁹ The Sydney Morning Herald, Sat 7 Apr 1900, p. 13.

¹⁰ The Maitland Weekly Mercury, Sat 14 Apr 1900, p. 11.

¹¹ SRNSW: NRS2327, [3/5988], Maitland Gaol photographic description book, 1875-1930, No. 1177, p. 21, R5130.

Sodomy