Empire, Wed 10 Sep 1856 1
CENTRAL POLICE COURT.
TUESDAY.
(Before the Police Magistrate, and Messrs D Jones
and D Egan.)
…
John Reed [aka Read], alias Macintosh, an old man between 60 and 70 years of age, and Samuel Tamerlane [aka Tamlin], a man of middle age, were charged with having on Monday night last, while in a cell of the George-street watch-house, attempted to commit an unnatural offence. The prisoners were in custody for drunkenness. The evidence which is unfit for publication was most conclusive against them. Committed for trial at the Central Criminal Court.
~ ~ ~ ~ ~
The Sydney Morning Herald, Wed 10 Sep 1856 2
CENTRAL POLICE COURT.
TUESDAY.
Before Mr [James Sheen] Dowling, Mr [David] Jones, and Mr Egan.
…
John Read alias Macintosh, and Samuel Tamline [sic], two men who had been locked up for having been found drunk in the streets, were charged with having attempted to commit am unnatural offence in the cell. Several witnesses were examined, and the prisoners were committed to take their trial at the Central Criminal Court.
~ ~ ~ ~ ~
Depositions for John Read and Samuel Tamlin 8 Oct 1856 Sydney trial 3
(O. 1.)
Recognizance to give Evidence.
New South Wales, City of Sydney
TO WIT. }
Be it remembered, that on the ninth day of September, in the year of Our Lord one thousand eight hundred and fifty six Edward Thomas Broomfield a Sergeant of the Sydney Police Force, William Thompson late of New England in the said Colony, a prisoner of the Crown, William Clark a Constable of the Sydney Police Force personally came before the undersigned one of Her Majesty’s Justices of the Peace for the said Colony and acknowledged themselves to owe our Sovereign Lady the Queen the sum of forty pounds each of good an lawful money of Great Britain, to be made and levied of their goods and chattels, lands and tenements, to the use of our said Lady the Queen, her Heirs and Successors, if they, the before mentioned persons shall fail in the condition indorsed.
Taken and acknowledged the day and year first above mentioned, at Sydney, in the said Colony, before me,
[Signed] David Jones, JP.
The condition of the within written Recognizance is such, that whereas one John Read otherwise McIntosh and Samuel Tomlin were severally charged before James Sheen Dowling Esquire, a Justice of the Peace attempting to commit an unnatural offence; if therefore they the before mentioned persons shall appear at the next Court of Gaol Delivery to be holden at Sydney in and for the Colony of New South Wales, on Monday the 6th day of October next at nine of the clock in the forenoon and there give such evidence as they know upon an information to be then and there preferred against the said John Read otherwise McIntosh and Samuel Tomlin for the offence aforesaid, to the jurors who shall pass upon the trial of the said John Read otherwise McIntosh and Samuel Tomlin then the Recognizance to be void, or else to stand in full force and virtue.
[Signed] David Jones, JP.
~ ~ ~ ~ ~
(M. 11 & 12 Vic., Cap. 42)
Depositions of Witnesses.
City of Sydney
TO WIT. }
The examination of Sergeant Broomfield of Sydney Police in the Colony of New South Wales, William Thompson of Sydney, prisoner of Crown and William Clark of Sydney Police in the said Colony, taken on oath this ninth day of September in the year of Our Lord one thousand eight hundred and fifty six, at Sydney in the Colony aforesaid, before the undersigned, one of Her Majesty’s Justices of the Peace for the said City in the presence and hearing of John Read or McIntosh and Samuel Tamlin who is charged this day before me for that they the said McIntosh and Tamlin on the 9th day of September at Sydney, did attempt to commit the crime of sodomy.
[Signed] JS Dowling, JP.
1
John Read otherwise McIntosh and Samuel Tamlin (attempt at sodomy)
This deponent Sergeant [Edward Thomas] Broomfield on oath saith as follows: Bother prisoners were confined in the George Street Watch House last night about half past one o’clock this morning a man named Thompson, a prisoner of the Crown who was confined in the same cell called out that two men were getting into each other. I went in immediately. I saw both prisoners lying down. McIntosh was lying
2
on his side close behind the prisoner Tomlin. McIntosh’s trousers was open in front, his shirt up and his person exposed and the prisoner Tomlin was also lying on his right side close in front of McIntosh. His trousers was partly down over his backside, and his shirt up, so that nearly all his backside was exposed. They appeared to be asleep when we first went in. We brought them out of the cell and told them the charge and they made no reply. They were not drunk at that time. This cell is partially lighted by the shadow
3
of the gas lamp through a hole crack in the door.
[Signed] E Broomfield
Sworn Police Office Sydney 9 September 1856.
Before, [Signed] JS Dowling, JP.
4
This deponent William Thompson on oath saith as follows: I was confined in the Watch House last night. About half past one o’clock this morning I was popping along the births going to the urine tubs. I saw the old man Tomlin lying almost on his face. His trousers were right down and the prisoner McIntosh was lying on him and his trousers open and he was making as if he had a woman there. I spoke to the prisoners and said “Ye brutes, what are ye doing?” and the prisoner McIntosh told me to go to hell. I had previously pushed McIntosh down.
5
I called to the police and when they came the prisoners pretended to be asleep. I never saw prisoners till last night to my knowledge. About an hour precious to this occurrence the old man Tomlan was lying near me. He was putting his hand over my trousers in front. I spoke to him two or three times and told him if he was not quiet I would hit him with my boot and he said he only wanted more of the blanket and he then went and lay near McIntosh. I saw McIntosh’s person exposed.
6
I can’t say whether his person was erect or not.
[Signed] William (his X mark) Thompson
Sworn Police Office 9th September 1856.
Before, [Signed] JS Dowling, JP.
7
Sergeant Broomfield recalled, further states: When I saw the prisoner McIntosh’s person exposed it was then standing out quite erect.
[Signed] E Broomfield.
Sworn Police Office Sydney 9th September 1856.
Before, [Signed] JS Dowling, JP.
8
This deponent William Clark assistant Watch House keeper on oath saith as follows: At about half past one o’clock this morning I went into the cell. I saw both prisoners lying down on their right side. The prisoner Tamlin had his trousers down and his backside was exposed and his shirt was rolled up. The prisoner McIntosh was then lying within a few inches of him and his person was exposed, naked and erect.
By prisoner McIntosh: I saw nothing wrong about prisoner McIntosh when I brought him out. I did not examine
9
him immediately because a very violent prisoner was just then brought in.
[Signed] William Clark.
Sworn Police Office Sydney 9th September 1856.
Before, [Signed] JS Dowling, JP.
Committed for trial at the Criminal Court.
[Signed] JS Dowling, JP.
~ ~ ~ ~ ~
(N. 11 & 12 Vic., Cap., 42)
Statement of the Accused.
City of Sydney
TO WIT. }
John Read or McIntosh and Samuel Tamlin stand charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the City aforesaid, this ninth day of September in the year of Our Lord one thousand eight hundred and fifty six for that they the said John Read or McIntosh and Samuel Tamlin on the ninth day of September 1856 at Sydney in the said Colony, did attempt to commit the crime of sodomy and the said charge being read to the said McIntosh and Tamlin and the witnesses for the prosecution and being severally examined in my presence, the said McIntosh and Tamlin are now addressed by me as follows:– “Having hear 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 McIntosh and Tamlin make no statement.
[Signed] JS Dowling, JP.
~ ~ ~ ~ ~
[On the depositions’ cover sheet is the following]
1856
Supreme Court Sittings
Sydney No. 10
Regina
v.
John Read alias McIntosh
and
Samuel Tamlin
Depositions
~ ~ ~ ~ ~
9th September 1856
191 815
Depositions
Queen
v.
John Read or McIntosh
and
Samuel Tamlin
Criminal Crown Solicitor
25th September 1856 [initial illegible]
Sodomy
~ ~ ~ ~ ~
Empire, Thu 9 Oct 1856 4
LAW INTELLIGENCE.
————
CENTRAL CRIMINAL COURT.
Wednesday, 9th October, 1856.
(Before Mr Justice Therry.)
…
UNNATURAL CRIME.
Samuel Tamlin, a miserable-looking old man, who appeared so feeble as to be unable to stand up in the dock, and John Reid, alias John Macintosh, were charged with having, at Sydney, on the 9th September last, feloniously committed an unnatural crime.
Mr Isaacs conducted the prosecution; the prisoners were undefended.
The evidence in this case was unfit for publication. The offence, it appeared was committed in a cell at the Central Police Station, and the witnesses were a man contined [sic] in the same cell and two police sergeants.
In summing up the case, his Honor pointed out to the jury that in case they should not consider the prisoners had been guilty of the offence as specified, it would be competent for them to convict of the minor offence of attempting to do so.
The jury, without leaving the court, returned a verdict finding the prisoners guilty of the minor offence.
Sentence—Samuel Tamlin to be confined in her Majesty’s gaol in Sydney for twelve calendar months, and kept to hard labour.
John Reid alias John Macintosh to be confined in her Majesty’s gaol in Parramatta for twelve calendar months and kept to hard labour.
The Court then adjourned at five o’clock to ten o’clock to-morrow (this day).
~ ~ ~ ~ ~
The Sydney Morning Herald, Thu 9 Oct 1856 5
CENTRAL CRIMINAL COURT.
WEDNESDAY.
Before Mr Justice Therry 6
…
UNNATURAL OFFENCE.
John Read alias McIntosh, and Samuel Tamlin, were severally charged with the commission of the above offence. The prisoners were very old men, the last named particularly, who throughout the day slept, or pretended to sleep, on the floor of the dock; when called upon to plead to the charge, Tamlin, the elder prisoner, had to be partially supported on the stand, but he resolutely closed his ears and feigned ignorance of the proceedings taking place with regard to him. Mr Galbraith, the medical dispenser of the prison, was called and questioned as to the prisoners capacity for understanding the proceedings, and that gentleman unhesitatingly declared that he (the prisoner) was perfectly able to hear and comprehend what was taking place. From the evidence it appeared that at the time of the commission of the alleged offence the accused were inmates of the watch-house in George-street, where a fellow-lodger detected them in the act, and at once reported the horrible occurrence to the constable on duty, who from what he saw was able to corroborate the first witness’s statement.
The prisoners were undefended, were found guilty, and sentenced, the former McIntosh or Read, to one years’s imprisonment with hard labour in Parramatta gaol, and the latter, Tamlin, to a like punishment in Darlinghurst.
The Court adjourned at five o’clock, till ten tomorrow (this day), when two Courts will be opened.
1 Empire, Wed 10 Sep 1856, p. 4.
2 The Sydney Morning Herald, Wed 10 Sep 1856, p. 4.
3 SRNSW: NRS880, [9/6399], Supreme Court, Papers and depositions, Sydney, 1856, No. 10. Emphasis added.
4 Empire, Thu 9 Oct 1856, p. 2.
5 The Sydney Morning Herald, Thu 9 Oct 1856, p. 2.
6 Mr Justice Therry notebooks could not be located at SRNSW.