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1857, Patrick Ringwood - Unfit For Publication
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Depositions for Patrick Ringwood 4 Aug 1857 Sydney trial 1

70

Shoalhaven 8 July 1857

The Honorable the Attorney General Sydney.
Sir,
    I have the honor to enclose the depositions taken in two cases and the Recognizance of the witnesses who are bound over to appear.

Queen versus Ringwood

    The depositions here disclose three distinct cases, two of the capital offence being committed and one of an unusually well substantiated case of an attempt with intent. Should you deem it necessary to select any one charge and abandon the rest, I shall feel obliged by you letting us know it in time to countermand the unnecessary witnesses and thereby save their expenses.

Queen versus Hutton

    This man stands committed to the Quarter Sessions on a charge of stealing a saddle. I think, from his demeanour, from reports, and from his requesting us to deal summarily with him, that his name or person will be known in Sydney whence he has only lately come.

I have the honor to be
    Sir
Your most obedient servant.
[Signed] Ken[neth] Mackenzie, JP.

~ ~ ~ ~ ~

    (M. 1 & 12 Vic., Cap. 42.)
    Depositions of Witnesses.

New South Wales, Shoalhaven
TO WIT.                               }

The examination of Martin Arentz of Shoalhaven in the Colony of New South Wales, of Thomas Cordwell also of Shoalhaven, of Eli Wince, also of Shoalhaven, of John Thomas Warren also of Shoalhaven, farm labourers and Michael Lowry of Shoalhaven in the said Colony, farm labourer. Taken on Tuesday this seventh day of July in the year of Our Lord one thousand eight hundred and fifty seven, at Shoalhaven in the Colony aforesaid, before the undersigned, one of Her Majesty’s Justices of the Peace for the said District and Colony in the presence and hearing of Patrick Ringwood who is charged this day before me for that he the said Patrick Ringwood on diverse days of June now last past at Shoalhaven, in the said Colony, did feloniously, wickedly and against the order of nature have venereal affairs with certain boys, to wit, Martin Arentz, and Thomas Cordwell, and did also, on the fourteenth day of June now last past, feloniously wickedly and against the order of nature assault one Eli Wince, with intent to have a venereal affair with him the said Eli Wince, contrary to the form of the Statute in such case made and provided, and against the peace of our Lady the Queen her Crown, and Dignity.

1

Queen versus Ringwood

    Bernard Brown sworn, saith: The information I believe to be true. I took the prisoner into custody on the warrant produced.

    Martin Arentz sworn saith: I know the prisoner. I have often seen him at Jindyandy [Gleeson’s place names has a Jindyandy listed being near Nowra]. I have known him two or three months. He slept with me overnight often. About a month ago he was in bed with me and took liberties with me. I felt him within my body. He repeated his attempt every night for a fortnight but did not succeed more than once. I left the place at the end of that time. I would not sleep with him any longer. I was frightened, he told me he would beat me, but I struggled. I told two men there what he had done to me, one day when he was away. The names of the men were Jetsam and Lowry, I was ashamed to speak about it, and frightened he would beat me if he found me alone. It was about a fortnight after he first committed the offence that I told the men. I’m quite sure he was within my body. I know what you mean. He put his – into my behind.

    By the prisoner: When you asked me on coming home one night why I left my bed, I said it was because of what you did to me.

    By the Bench: I slept with him about a fortnight altogether. It was because of my struggles he could not succeed again.

[Signed] Martin Arentz.
Sworn before me [Signed] Ken Mackenzie, JP.

2

Queen versus Ringwood.

    Thomas Cordwell sworn states: I know the prisoner. I have seen him at Jindyandy. I have known him for nearly three months. I slept with him for more than a month. He took improper liberties with me. He used to roll me about in the bed and tell me not to make a noise for fear Lowry should hear. Lowry slept in a different room. There was a partition and door between. He used to try to put his ----- in my body, and to make me rub his ----- up and down with his hand. I have felt his ----- within my body. He used to threaten me that he would beat me. When I left him he did beat me. I left him because he went on his way. I never told anybody. I was ashamed and frightened. He told me not to tell, else he would beat me. I quite understand what you say about my feeling his ----- within my body. I cannot say how often I have felt it, but more than once or twice.

    I know nothing about Martin Arentz’s affair. I told Lowry about it at the same time that Martin Arentz.

[Signed] Thomas (his X mark) Cordwell   

Witness [Signed] W Lovegrove, CPS.

    The depositions were read over to this witness before he put his mark, and he appeared to understand them.
Sworn before me, [Signed] Ken Mackenzie, JP.

3

Queen versus Ringwood

    Eli Wince sworn states: I know the prisoner. I never slept with him. He came to me in the copper house at Jindyandy and pulled out my private part. He then pulled out his private parts and put them in my hand. He also got into my bed one morning and got atop of me under the clothes. He pulled apart my legs and said he would go into me. Two men saw him get into the bed. I would not let him do it. It was about three weeks ago he came to me at the copper house. It was the Sunday after that, he got into bed with me.

[Signed] Eli (his X mark) Wince    Witness [Signed] W Lovegrove, CPS.

    The deposition having been read to him and he appearing to understand the same.
Sworn before me [Signed] Ken Mackenzie, JP.

    John Thomas Warren sworn states: I know the prisoner. I recollect the Sunday referred to by the witness Eli Wince, the fourteenth June. I saw the prisoner get out of bed with his shirt on only, and go over to the bed of Eli Wince with his yard in his hand and heard him tell the boy to slew over and open his legs. I told Mr Gregory what I had seen and heard. The two boys Martin Arentz and Thomas Cordwell told me he had put his yard into their bottoms.

    By the prisoner: I threatened to strike you once because you were using indecent language.

    By the prisoner: I did see you go to the boy’s bed. It was about 4 or 5 o’clock in the morning. It was

4

Queen versus Ringwood

moonlight.

    By the Bench: There was no drink about the place.

[Signed] John Thomas Warren.
Sworn before me [Signed] Ken Mackenzie, JP.

    Michael Lowry sworn states: I know the prisoner. I remember the Sunday referred to by Eli Wince. I saw the prisoner get out of bed with his shirt on, and go to the boy’s bed, and threw himself on the top of the boy.
I heard him say he would get into him. The boy got out of bed soon after. The boys Arentz and Cordwell told me of the liberties he had taken with them, and told me that they were frightened he would beat them. I told Warren next day and he told Mr Gregory. The boys told me last Thursday week the twenty fifth day of June.

    I have seen this man in Sydney at the Registry Office in Sydney but knew nothing of him till he came to Jindiandy.
[Signed] Michael (his X mark) Lowry.   

Witness [Signed] W Lovegrove, CPS.

    The deposition having been read over to him and he appearing to understand it.
Sworn before me [Signed] Ken Mackenzie, JP.

    Committed for trial at Gaol Delivery Sydney 3 August.

5

(O. 1.)
Recognizance to give Evidence.

New South Wales, Shoalhaven
TO WIT.                               }

Be it remembered, that on the seventh day of July, in the year of Our Lord one thousand eight hundred and fifty seven Martin Arentz, Thomas Cordwell, Eli Wince, John Thomas Warren, and Michael Lowry, all farm labourers of Shoalhaven personally came before the undersigned two of Her Majesty’s Justices of the Peace for the said District and Colony 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 of their goods and chattels, lands and tenements, to the use of our said Lady the Queen, her Heirs and Successors, if they the said parties above named shall fail in the condition indorsed.
Taken and acknowledged the day and year first above mentioned, at Shoalhaven in the said Colony, before us.

[Signed] Andrew Alcorn, JP. J[ohn] Lindon Biddulph, JP.

    The condition of the within written Recognizance is such, that whereas one Patrick Ringwood late labourer of Jindyandy in this District was this day charged before the Justices of the Peace within mentioned, for that he did, at divers time unlawfully, wickedly, feloniously and against the order of nature have venereal affairs with certain boys. If therefor they the said within mentioned parties shall appear at the next Court of General Gaol Delivery to be holden at Sydney in and for the State of New South Wales, on Monday the third day of August next and there give such evidence as they know upon an information to be then and there preferred against the said Patrick Ringwood for the offence aforesaid, to the jurors who shall pass upon the trial of the said Patrick Ringwood then the said Recognizance to be void, or else to stand in full force and virtue.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

1857
Supreme Court Sittings
Shoalhaven No. 2
Regina
v.
Patrick Ringwood
Depositions

~ ~ ~ ~ ~

7th July 1857

1328
Depositions
Regina
v.
Patrick Ringwood
Buggery
Criminal Crown Solicitor
Sydney Gaol Delivery
[Initial illegible] AG
14th July 1857
Shoalhaven

~ ~ ~ ~ ~

Sodomy with Martin Arentz at Shoalhaven on 7 June 1857
2nd charge Sodomy with Thomas Cardwell at Shoalhaven on 1 June 1857
3rd charge assault on Eli Wince with intent to commit sodomy at Shoalhaven on 20 June 1857

~ ~ ~ ~ ~

Justice A Stephen’s notebook 2

45

[Sydney] Tuesday 4th August ‘57
Patrick Ringwood. Unnatural Offence with one Martin Arentz.

    Martin Arentz. German Boy. 3 I was cowkeeper & prisoner milkman at Shoalhaven; service of Mr Berry. Our Overseer was Mr Gregory. Prisoner slept in same room with me. Two other men also. We slept in the same bed. One night he got on the top of me & put his private parts between my legs and then he turned me over and put his yard into my behind. He tried before but only did it once.

46

Said that if I told any one he would beat me. As soon as he went away to another place … one night … I told the other men; & they told the Overseer.

    Cross-examined by Dalley. Prisoner often tried and I told him to let me alone and let me sleep. I told this first to Lowry. Heard that he & prisoner had a fight; before that Lowry never said any thing to me first. Lowry told me that if the prisoner was put out of his place my father would get it. Said this to me before I told him about the prisoner – Lowry slept in an opposite room. A little boy slept in same room with us.

    Michael Lowry. Milkman 2 years in all. (Serve ?) with prisoner – Both same station & hut [post 52] 4

53

    [From ante 46] There were 3 boys there. I slept in opposite room: 3 rooms. Prisoner slept in the room with Arentz. Before then there was another: who would not sleep any longer with him. Arentz was in the room for about 3 weeks. On one day the boy made a complaint to me & I told it to the Overseer and Arentz ceased to sleep with the prisoner.

    Cross-examined. I had a row with prisoner about this matter. After the boy told me I accused the prisoner & we came to blows. But he had words about the cows frequently. I swear (positively ?) that I never told the boy that if the prisoner was got out of his place his father would get it. If the boy has said so it must be false. I never told him so.

    Re-examined. I have no recollection about speaking to the boy about his father’s coming.

54

The boy told me about the prisoner on my asking him why he and the prisoner were quarrelling so often together.

    Dalley suggests that the boy had got up the case as Lowry (did ?) suggest to serve his father.

Guilty of the Attempt.

2 years Hard Labour Roads or Public Works.

    Patrick Ringwood. Unnatural Offence on a boy named Thomas Cordwell.

    Thomas Cordwell. Age 14. Parents at Shoalhaven on (ground ?) of Mr Booth. I was in Berry’s establishment & lived in Dairyman’s house. In same there were 3 boys; me &

55

Arentz & Wince. I slept in the same room with prisoner & Arentz. I slept on other side of the fireplace. I had no bedplace and prisoner made up a bunk for us both. He used to get upon me. It happened more than once. He pulled me about and put his (cweem ?)  5  into my body. I was frightened and ashamed and did not tell at first. He said that he would beat me if I did. One night when prisoner was away the other boy told Lowry and I came in & told also.

    Cross-examined by Dalley. I had been sleeping with prisoner nearly 6 weeks. He did it very frequently. Lowry never said any thing to me about prisoner – Judson and Lowry both were present when I told. Arentz slept 5 yards off. Prisoner got into my back – on my back. I did tell

56

Arentz that I did not like prisoner – I had been there 4 months. Did not like to tell my Father.

    Michael Lowry. Milkman. Living with prisoner when the boys were there. The boy Cordwell told me and Judson and I told the Overseer.

    Cross-examined. I asked Arentz the reason why he left prisoner’s bed; and then he told me about the prisoner – And afterwards Cordwell told us. Prisoner and I had several words about the cows. The day after the boys told me I remonstrated with prisoner about his conduct and we had words and he struck me & I him.
Guilty of the Attempt.

2 years Hard Labour Roads or Public Works to commence at expiration of former.

57

    Same Prisoner. Attempt Assault with intent to commit Unnatural Offence on Eli Wince.

    Eli Wince 6   Living with prisoner in Mr Berry’s establishment at Shoalhaven. I did not sleep in same room with prisoner. Once in the copper house the prisoner pulled out my private parts and made me feel his. Next Sunday he came to bed to me and pulled off the clothes and said that he would go into me. I told him to leave off. He was undressed and got on me. Next morning I mentioned it to Thomas Warren. It was a week afterwards before the prisoner was apprehended – I have been 2 months only in the Colony.

    JT Warren. Milkman. Prisoner Witness complained to me a few days before prisoner was

58

apprehended.

    Prisoner examines him as to his wishing and trying to get him out.

    Martin Arentz. Warren asked me whether what I had said about him was true and I said that it was & Warren said that he would bring me face to face with him & I said that I had no objection.

Guilty – One year Hard Labour Roads or Public Works to commence at expiration of the 2 former sentences.

Security to keep the Peace for One year additional.

~ ~ ~ ~ ~

The Sydney Morning Herald, Wed 5 Aug 1857 7

    CENTRAL CRIMINAL COURT.
    TUESDAY.

    Before the Chief Justice [Alfred Stephen]

    UNNATURAL OFFENCE. 

    Patrick Ringwood was indicted with having, at Shoalhaven, in the month of July last, committed an unnatural offence on the person of one Martin Arentz.

    The prisoner pleaded not guilty, and was defended by Mr Dalley, the learned counsel being assigned by the Court for that purpose. The Attorney-General conducted the case for the Crown.

    The principal witness, Arentz, detailed the circumstances attending the perpetration of the crime; though sixteen years old, his testimony exhibited a great want of the natural intelligence and manliness generally belonging to young persons of that age. The parties were in the employment of Mr Berry, on that gentleman’s farm, at Shoalhaven. Prisoner and a lad named Cardwell occupied the same room at night; in consequence of some unpleasantness, this lad refused to sleep longer with prisoner, and Arentz took his place; several attempts at commission were made previous to the occasion set forth in the indictment, but it appeared that no resistance was made; but even then Arentz did not at once charge the prisoner, but waited two days before doing so.

    On his cross-examination, witness admitted that a person named Lowry, a servant on the farm, made some remarks to him about removing or getting prisoner discharged from his situation, and that his (witness’) father in that case would be put in prisoner’s situation.

    Michael Lowry, sworn: Had several disputes with prisoner; never made any remarks to Arentz about getting prisoner out of his situation, to get his (Arentz’s) father into it; if Arentz swore so, he committed perjury. This evidence was elicited by cross-examination by Mr Dalley: the direct testimony was not important.

    This concluded the case.

    Mr Dalley made a forcible appeal to the jury on behalf of the prisoner, commenting upon the untrustworthiness of the evidence of such a witness as Arentz, from whose testimony it was clear, the learned counsel argued, that a plot had been entered into to displace the prisoner from his situation, so that Arentz’s father might get the same. Also, that the witness was unworthy of credence, inasmuch as it was impossible to imagine that a boy of sixteen years of age could submit to such revolting treatment if he had any conception of moral responsibility or manly feeling. In any case Arentz must have been a consenting party, for such a crime as that charged against the prisoner could not be perpetrated against his (Arentz’s) will, in a hut where several other persons were at the time residing, and if with his consent, surely his oath should not be valued. Under all these circumstances, and particularly as he would here remind them (the jury) that Lowry flatly contradicted Arentz, and swore that the latter must have committed perjury in stating the particulars of a conversation that had never taken place between them, he confidently submitted the case of his client, whose defence had been assigned to him by the Court, into their hands.

    His Honor having summed up, the jury retired, and after an absence of a quarter of an hour, returned into Court with a verdict of not guilty as regarded the felony charged, but guilty of an attempt to commit the same.

    Patrick Ringwood, the accused in the previous case, was a second time indicted for that he at Shoalhaven, on the last day of June last, committed an indecent assault upon the person of a young lad aged fourteen years named Thomas Cardwell.

    The prisoner pleaded not guilty, and Mr Dalley, as before, was assigned by the Court for his defence. The Attorney-General prosecuted.

    The evidence in this case was very similar to that previously given. Mr Dalley a second time addressed the jury for the defence.

    His Honor having summed up, the jury retired, and after a few minutes absence returned into Court, with a verdict of guilty of an attempt to commit the felony charged.

    The Attorney-General intimated to the Court that there was a third charge against the prisoner, presenting a repetition of details similar to those set forth in the evidence given in the two previous cases, which he thought it necessary to proceed with. After some deliberation with the Bench, the Attorney-General resolved to go on with the third charge, and the prisoner was a third time arraigned. In this case the principal witness was Henry Wince, aged eighteen years. The charge being an attempt to commit an unnatural offence. The jury in this case found the prisoner guilty of a common assault.

    His Honor then passed sentence, as follows:— For the first offence, prisoner was sentenced to two years’ hard labour on the roads, or other public works of the colony; for the second, a similar punishment, the commencement of which should date upon the expiration of the first; and for the assault, prisoner was sentenced to one years’ hard labour on the roads or other public works of the colony, to take effect at the expiration of the second sentence, or at the end of four years, making the punishment one of five years’ hard labour on the roads.

    In addition to this, his Honor directed, that prisoner at the expiration of the entire sentence, be further imprisoned till he find security, himself in £20, and two sureties in £10 each, to keep the peace towards all her Majesty’s subjects for a period of twelve months.

    The prisoner was then removed.

~ ~ ~ ~ ~

Bell’s Life in Sydney and Sporting Reviewer, Sat 8 Aug 1857  8

CENTRAL CRIMINAL COURT.
———◦———
MONDAY, AUGUST 3.
(Before the Chief Justice.)

————
TUESDAY, AUGUST 4.
(Before the Chief Justice.)

    UNNATURAL OFFENCE.—Patrick Ringwood was indicted for that he did, at Shoalhaven, on a day name in the indictment, commit an unnatural offence on the body of Martin Allentz, a German lad living on Mr Berry’s farm at Shoalhaven. Verdict, guilty of the attempt.

    The same prisoner was again arraigned for having, on the 1st day of June last, at Shoalhaven, committed a [sic] indecent assault upon the person of a lad named Thomas Caldwell, aged 12 years. Verdict, guilty of the attempt.

    The same prisoner was a third time arraigned for having attempted to commit an unnatural offence on the body of Eli Wince, a lad of 18 years of age, also a servant on the same farm, the property of Mr Berry of Shoalhaven. Verdict, guilty of a common assault. Sentence, for the first offence, two years’ imprisonment with hard labor on the roads or other public works of the colony; for the second offence, two years’ imprisonment with hard labor; and for the third (a common assault) one years’ imprisonment with hard labor—making in all five years; and, at the expiration of the whole term of punishment, to give bail in the sum of £40 for his good behaviour for twelve months.

~ ~ ~ ~ ~

The Maitland Mercury and Hunter River General Advertiser, Sat 8 Aug 1857 9

CENTRAL CRIMINAL COURT.
————
(Abridged from the SM Herald.)
———
Monday.
————
(Before Mr Justice Dickinson.)
———

TUESDAY.
(Before the Chief Justice.)


    Patrick Ringwood was indicted for having committed an unnatural offence on the person of Martin Arentz, at Shoalhaven; also for having committed an indecent assault upon the person of Thomas Cardwell; also, for an attempt to commit an unnatural offence. Under the first two indictments the prisoner was found guilty of attempt to commit the felony charged; under the third he was found guilty of a common assault. Sentenced to five years on the roads; and at the expiration of the sentence to find security to keep the peace. 

~ ~ ~ ~ ~

The Illawarra Mercury, Mon 10 Aug 1857  10 


———•———
CENTRAL CRIMINAL COURT, SYDNEY.
TUESDAY, 4TH OF AUGUST 1857.
(Before the Chief Justice.)

UNNATURAL OFFENCE.

    Patrick Ringwood was indicted for that he did, at Shoalhaven on a day named in the indictment, commit an unnatural offence on the body of Martin Allentz, a German lad living on Mr Berry’s farm at Shoalhaven. The boy Allentz is 16 years of age, and had been sleeping in the same bed with the prisoner for a period of about three weeks or more; prisoner had several times attempted to commit the crime with which he was charged and succeeded only once. The prisoner is a milkman on the same farm. Sometimes one boy slept with him, and sometimes another. A witness named Lowry, it appeared, was the only person to whom the boy made known the fact of the assault. This witness, however, contradicted the testimony of the boy in a very material point, in reference to a conversation which took place subsequent to the commission of the crime.

    The judge having summed up, the jury retired for a short time, and returned with a verdict of “not guilty of felony, but guilty of an attempt to commit the same.”

    The same prisoner was again arraigned for having, on the 1st day of June last, at Shoalhaven, committed an indecent assault on the person of a lad named Thomas Caldwell, aged 12 years.

    The prisoner pleaded not guilt, and was defended by Mr Dalley. The Attorney-General prosecuted for the Queen.

    The evidence was, as in the former case, of a most disgusting character, and clearly implicated the prisoner in the guilt of the abhorrent and detestable crime of sodomy.

    The jury retired for a short time and returned with a verdict of guilty of an attempt to commit felony.

    The same prisoner, Patrick Ringwood, was a third time arraigned for having attempted to commit an unnatural offence on the body of Eli Wince, a lad of 18 years of age, also a servant on the same farm, the property of Mr Berry of Shoalhaven.

    Two witnesses were called for the prosecution, one of whom corroborated the testimony of the evidence in chief; and the jury, after a brief consultation, found the prisoner guilty of common assault.

    The Chief Justice [A Stephen] spoke in terms of severe reprobation of the immoral and dangerous practice which obtained on Mr Berry’s farm at Shoalhaven, of allowing three young lads to sleep of the ages of respectively 12, 16, and 18 years of age to sleep in the same bed with a grown man. It was a most immoral and improper practice, and he made those observations for the purpose of bringing the matter under the of Mr Berry, or his overseer.

    His Honor, in passing the sentence, expressed his regret that the law did not put it in his power to inflict a much heavier punishment than that at present provided; it was somewhat strange that an assault on a child might be visited with seven years’ imprisonment with hard labor on the roads or other public works of the colony; but this offence of an assault with intent to commit the detestable and abhorrent crime of sodomy, could only be punished at the very outside with two years’ imprisonment with hard labor. Taking into account the enormity of the crime, the overwhelming testimony against the prisoner, and all the aggravating circumstances of the case, he would, for the first offence, sentence him to two years’ imprisonment with hard labor on the roads or other public works of the colony; for the second offence, two years hard labor; and for the third, (a common assault,) one year’s imprisonment with hard labor—making in all five years; and, at the expiration of the whole term of punishment to give bail in the sum of £40 for his good behaviour for twelve months.

 


1  SRNSW: NRS880, [9/6412], Supreme Court, Papers and depositions, Shoalhaven, 1857, No. 2. Emphasis added.

2  SRNSW: NRS7696, [2/7028], Judiciary, A Stephen, CJ. Notebooks Criminal, 1840-71, pp. 45-6, 52-8. Emphasis added.

3  Mn: age 16.

4  Actully p. 53.

5  Possible attempt to write quim?

6  Mn: age 18.

7  The Sydney Morning Herald, Wed 5 Aug 1857, p. 4. Emphasis added.

8  Bell’s Life in Sydney and Sporting Reviewer, Sat 8 Aug 1857, p. 3.

9  The Maitland Mercury and Hunter River General Advertiser, Sat 8 Aug 1857, p. 6.

10 The Illawarra Mercury, Mon 10 Aug 1857, p. 2. Emphasis added.