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1860, Hugh Campbell and John Riley - Unfit For Publication
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The Armidale Express and New England General Advertiser, Sat 7 Jan 1860 1

LOCAL INTELLIGENCE.
ARMIDALE POLICE COURT.
MONDAY, JANUARY 2.

(Before the Police Magistrate [Charles Thomas Weaver] and G[eorge] Markham, Esq., JP.

Tuesday, January 3.
(Before the same Magistrates.)


    Henry [sic] Campbell and John Riley, charged with indecent exposure, were remanded till Wednesday.

Thursday, January 5.
(Before the same Magistrates.)

    Hugh Campbell and John Riley, charged with indecent exposure, were remanded to the next day, for further evidence.

Friday, January 6.
(Before the same Magistrates.)

    The prisoners Campbell and Riley, who had been remanded on the previous day, were again brought up, and charged with having committed an unnatural offence. The evidence in this case is thoroughly unfit for publication, the Court having been cleared during the hearing of the latter part of the case. Further consideration adjourned and prisoners remanded until 7th instant.

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The Armidale Express and New England General Advertiser, Sat 14 Jan 1860 2

ARMIDALE POLICE COURT.
Saturday, January 7.

    (Before the Police Magistrate and G Markham, Esq., JP.)
    Hugh Campbell and John Riley, charged with committing an unnatural crime, were brought up on remand, and fully committed to take their trial.

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Depositions for Hugh Campbell and John Riley 12 Mar and 10 Sep 1860 Maitland trial 3

    No. 60/5
    Court House Armidale,
    21st January 1860

The Honorable the Attorney General, Sydney
The Police Magistrate at Armidale to the Honorable the Attorney General respecting the case Regina versus Hugh Campbell and John Riley.
Sir,
    I have the honor to enclose you the depositions taken against the prisoners named in the margin 4 committed on the seventh day of January Instant to take their

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trial at the next Court of Gaol Delivery to be holden at Maitland on the twelfth day of March next for committing the unnatural crime of sodomy together with the statements made by accused Campbell and Riley respectively and with the Recognizance of the witnesses bound over to

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prosecute.
    I have the honor to be
      Sir,
    Your most obedient servant.
[Signed] Chas Thos Weaver, PM.

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(M. 11 & 12. Vic., Cap. 42.)
Depositions of Witnesses.

New South Wales, Armidale
TO WIT.                           }
The examination of Edward Connington of Armidale in the Colony of New South Wales, Constable of John Glein [sic] of Armidale in the said Colony, Constable and of Henry Rampling of Armidale in the said Colony, Constable, taken on oath the fifth and sixth days of January in the year of Our Lord one thousand eight hundred and sixty, at Armidale 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 Hugh Campbell and John Riley who are charged this day before us for that they the said Hugh Campbell and John Riley on the second day of January at Armidale, in the said Colony, did in a certain public place at Armidale to wit in a street generally known as Markham Street in Armidale aforesaid commit the abominable and unnatural crime of sodomy.

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    Police Office
    Armidale 5 January 1860

Present Chas Thos Weaver Esquire, PM and George Markham Esquire JP.
Hugh Campbell and John Riley charged with wilfully exposing their person.

    Edward Connington Constable in the Armidale Police Force being duly sworn states:– on Monday the second day of January last about 10 o’clock at night 5 I found the two prisoners lying down by the fence in Markham Street indecently exposing their persons. The prisoner Campbell had his trousers down below his hips and Riley had his

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trousers down in front. I saw Riley trying to have connection with the prisoner Campbell – Campbell said to Riley “Don’t hurt me.” Campbell said “You are no good. You have got nothing.”, or words to that effect. I took both into custody and locked them up. I said to prisoners I take you on a charge of sodomy. Prisoner Riley said “We were lying down together and doing no harm.” I was about a yard distance from them. It was moonlit. I could

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see the prisoners distinctly – they were both under the influence of liquor at the time. I took them. Campbell was lying down with his backside to Riley’s front. They were close together. I could not exactly say that I saw Riley’s private parts exposed. I am confident his trousers were down as I have already described.
[Signed] Edward Connington.
Sworn before us this fifth day January 1860.
[Signed] Chas Thos Weaver, PM., Geo Markham, PM.

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    John Glien Constable in the Armidale Police Force being duly sworn states:– I know the two prisoners in the dock. They are charged for sodomy. Last Monday night about 10 o’clock I heard some talking in Markham Street. I and Connington and Rampling Constables in the same Force with myself went to the place where we heard the talking. I saw two men lying close together. They were the two prisoners. I We stood there for about ten minutes. I saw one man naked, Campbell with his trousers down, the other man, Riley, was lying down with his trousers open but not

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down. They were lying face to face when I perceived them first and shortly after Campbell turned round and I with his back part towards Riley. I heard one of them say “That is the style.” I cannot say which it was. I could see Riley’s person exposed. Riley acted as man and Campbell the woman. I heard Campbell say “You cannot do it. You are no good.”, and then I heard shortly afterwards “That’s got it!” I saw that Riley was trying to bring his privates into Campbell. We then took them into custody. Rampling and Connington charged them with

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sodomy. Campbell made no remark. Riley said “What? What?” and made some remarks that he would not have it in going along. Campbell said to Riley “You have a heavy charge upon you.” Riley made no reply. That was all I heard I we took the prisoners into custody the lockup and gave them in charge to the lockup keeper.

    By the prisoner Riley: I did not see your privates exposed.
[Signed] John Glien.

Sworn before us this fifth day of January 1860.
[Signed] Chas Thos Weaver, PM., Geo Markham, PM.

    Remanded until tomorrow morning for further evidence.
[Signed] Chas Thos Weaver, PM., Geo Markham, PM.

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    And this deponent John Glien upon being duly sworn states:– When I gave my evidence yesterday morning I stated that I made no statement to the prisoners when I assisted in arresting the prisoners because as I heard the two other Constables accused them of sodomy I thought it was not necessary. Watch House I stated yesterday that I saw Riley’s parts person exposed I may have made a mistake

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I believe I did see it but I cannot positively state so but I saw him try to get into the prisoner Campbell. I heard prisoner Campbell say “Don’t hurt me.” When I say I saw Riley try to get into Campbell I mean that Riley attempted to have connection with Campbell. Such connection I should say was unnatural.

    By prisoner Riley: Was it not raining at the time. Answer: The rain was over and the moon was shining. Had we not a blanket over us at the time – yes but only over

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your heads. The lower parts of your bodies was all free and uncovered. 

   By Riley: As regards to blanket did you not say in the watch house yesterday what evidence you have given or that you did not understand it. I did not say so.

    By the Bench: Did you understand the evidence that you gave yesterday. Answer: I did, except that one word exposing the person which I may have said to anoth4er Constable I did not understand the word (“exposing his person”) otherwise my evidence is true and correct.
[Signed] John Glien.

Sworn before us this sixth day of January 1860.
[Signed] Chas Thos Weaver, PM., Geo Markham, PM.

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    And this deponent Henry Rampling upon being duly sworn states:– I am a Constable in the Armidale Police Force. I know the prisoners. I know prisoner Riley by name and I have seen Hugh Campbell before. I was on duty last Monday evening about 10 o’clock with Constables Glien and Connington in Armidale at the west end of Reardy Street where Markham Street crosses Reardy Street I heard a noise. I said to the two Constables “Wait, I hear a noise.” We proceeded up Markham Street towards the

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creek bearing north. I saw two men lying down. They were talking and grumbling but I could not not make out what words at the first going of prisoner Campbell laid on his right side, prisoner Riley on the right side too. Prisoner Campbell turned his himself face to Riley. Both prisoners was feeling each other’s pockets as though at the time trying to pick each other’s pockets. Prisoner Campbell had his trousers a

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little over his breech. He turned on his right side. The other prisoner was on his right side also. The prisoner Campbell pushed his trousers down below his hips and put his left hand over as I could plainly see towards his Riley’s person. Campbell he shoved his breech closer to Riley’s legs. Riley kept struggling with him with his hand in his trousers as I believe on his private parts. Prisoner Campbell said “Riley, you are no bloody good. You hurt me, Riley. You cannot do it. Prisoner

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Riley still kept struggling with him. After a bit prisoner Campbell said “That is the style.” There was a few words prisoner Campbell used that I could not make out in a grumbling sort of manner. Prisoner Riley made reply that there was no-one there. I don’t recollect anything else. Not particular about that. I said to Constable Connington who was standing within a foot of me I told Conningi now we had better see what we are about, I said to him just as I laid my

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hands on prisoner Riley. This is the point to see if his yard was out. Constable Connington said “What’s that?” I said “His tool.” When I turned Riley on his back his trousers was open and his person was out when I mean by his person his penis. I said to Connington “Do you see that?” He said “Yes.” Prisoner Riley at that time when I discussed him he wanted to know “What’s up?” He said “Who are you?” I said “A Constable.” He asked me

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what I wanted with him. I told him “I should take him to the lockup.” He said “What for?” I told him “Sodomy.” We handcuffed him and removed him. Riley kept repeating “Sodomy? Sodomy?”, in that kind of way he said you are only humbugging. Me Prisoner Campbell made some remarks but I don’t know exactly what he did say. Prisoner Campbell whilst they were laying down kept calling Riley by name. They were drunk at the time but not helpless. Prisoner Campbell when

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we reached opposite Redmond’s in Reardy Street made reply to prisoner Riley “That it was a damn’d serious charge and a rascally peace [sic] of business. He said he wish he had not fell in Riley’s company. We brought him to the lockup and gave the charge to the lockup keeper as I stated.

    By the Bench: Prisoner Riley kept saying sodomy sodomy and that is the reason the I said in me evidence above that Campbell made reply to him. The moon was shining on that night. This occurred on the second of January. I don’t think I was

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two feet from the prisoners when this occurred and the other Constables were standing near me at the time. I did The prisoners had no other covering than thin clothes I saw a part of a blanket near Camerons Campbell’s head. A blanket or part of a blanket. We took Campbell into custody at the same time with Riley and when I told him I took him in charge for sodomy he made some remarks but I cannot recollect what they were. This beastiality [sic] was going on about five or seven minutes before we apprehended them. The prisoners

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were conjoined together at the time I interrupted them. What I mean by conjoined was that they were as close as they could possibly get.

    Prisoners do not wish to ask any questions.
[Signed] Henry Rampling.

Sworn before us this sixth day of January 1860.
[Signed] Chas Thos Weaver, PM., Geo Markham, PM.

    Remanded until 7 January for further evidence.
[Signed] Chas Thos Weaver, PM., Geo Markham, PM.

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(M. 11 & 12 Vic., Cap. 42.)
Statement of the Accused.

New South Wales, Armidale
TO WIT.                           }
----- stands charged before the undersigned, ----- of Her Majesty’s Justices of the Peace in and for the ----- aforesaid this  ----- day of ----- in the year of Our Lord one thousand eight hundred and ----- for that ----- the said  ----- on the ----- day of ----- at  ----- in the said Colony, ----- and the said charge being read to the said ----- and the witnesses for the prosecution, ----- and ----- being severally examined in ----- presence, the said ----- is now addressed by ----- 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 ----- saith as follows: “Hugh Campbell well Sir I don’t know if anything I have got to deposit will

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be of any use in making out the defence. I came into Armidale on last Saturday. I drank until I was in a state of intoxication on Saturday. When I found myself intoxicated I procured a bottle of grog in an inn. Took it to the bush with me to keep out of the road of the Constable knowing well that their given duty would be to take me to the lockup on Sunday morning. I woke, I found myself naked as the hour I was born with one bundle of my wearing apparel gone. The bottle was empty and my clothing were laying all round me when I lay prostate on the ground. I

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gathered my clothing what I could get of them. There were some silver in my pockets. I was making my way into Armidale. I met three men looking for reaping the same as myself. They had two square bottles of grog. I had a knowledge of one of them by once seeing him at Kentucky Well. I helped him to drink two bottles of grog. I left, then came into Armidale with money I had got in my pockets I purchased more grog. I then took [to] the bush on Sunday night. I lay in front of a cottage on the main road. The man at the house on the following morning gave me a light for of the pipe and some milk and

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water. I came into Armidale. I went into Mr Morrow’s public house. I had not one farthing of money. I met the man that lived with me in the employ at Kentucky. He ordered the publican Mr Morrow to give me my breakfast and two glasses of grog. Mr Morrow would only give me one glass. I came up the street. I went into a hotel to enquire if I left a parcel with my clothing necessary and things. I saw Riley there, the other prisoner. I never saw him before but once in my life he treated me to a glass of grog. I told him I could borrow some money in Armidale. He came along with me. There When his own money was done as well as mine I went to a party

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in Armidale. He lent me all the money. I asked him for Riley and me. We kept drinking then as long as it lasted. It was drawing near Monday evening at this time and it was done. I sold three articles necessaries of wearing apparel for five shillings. Riley The other prisoner Riley and myself we went down below the mill. He, Riley, sat on the street in charge of the remainder of our clothing while I went to Mr Morrow and procured a square bottle of grog for the five shillings. She trusted me a shilling. She said it was six. I had another nobbler there. I returned to the other prisoner Riley with the square bottle. We drank some of it out of a

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pint pannikin. I fell down. I never remember one particle of any occurrence till I found myself in custody on Tuesday morning. For this last twenty one years I have never stood in a court house nor for any charge let alone for brutality. The statements, your Worship, are all correct.
[Signed] Hugh (his X mark) Campbell.
Taken and acknowledged before us this seventh day of January 1860.
[Signed] Chas Thos Weaver, PM., Geo Markham, PM.

    And the said John Riley having had the like charge read over to him in the presence and hearing of the said witnesses saith as follows:–
    I wish to make no remark.
[Signed] John (his X mark) Riley

Taken and acknowledged before us this seventh day of January 1960.
[Signed] Chas Thos Weaver, PM., Geo Markham, PM.

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    The prisoners stand committed to take their trial severally at the next Court of Gaol Delivery to be holden at Maitland on the twelfth day of March 1860.
[Signed] Chas Thos Weaver, PM., Geo Markham, PM.

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[Subpoena]

Victoria, by the Grace of God of the United Kingdom of Great Britain
and Ireland, Queen, Defender of the Faith, and etc.

New South Wales,
TO WIT.             }
To
Edward Connington C, John Glien C, Henry Rampling C,
Greetings:– We command you and every of you firmly enjoining you, that laying aside all pretences and excuses whatever, you and every of you, be and appear in your proper persons before our Justices assigned to hold the (clees ?) Before us on Monday the tenth day of September next, by nine of the clock in the forenoon of the same day, at Maitland, in our Colony of New South Wales, in the Court House, situate in Maitland, there to testify the truth, and give evidence on the part of the Crown before our said Justices, touching a certain information to be preferred against Hugh Campbell and John Riley in a case of sodomy and that you so appear from day to day until the case be tried, and this you, or either of you, are not to omit under the penalty of one hundred pounds, to be levied upon your and every of your goods and chattels, lands and tenements, if you, or any, or either of you shall fail in the premises.

    Witness The Honorable John Nodes Dickinson Acting Chief
    Justice of our Supreme Court of New South Wales, at Sydney,
    the 21st day of June in the year of
    Our Lord eighteen sixty.
    For the Prothonotary
[Signed, John] Williams, Criminal Crown Solicitor.    [Signed] FH Stephen, Second Clerk of the Supreme Court.

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[Subpoena]

Victoria, by the Grace of God of the United Kingdom of Great Britain
and Ireland, Queen, Defender of the Faith, and etc.


New South Wales,
TO WIT.              }
To
Edward Connington C
Greeting:– We command you and every of you, firmly enjoining you, that laying aside all pretences and excuses whatsoever, you and every of you, be and appear in your proper persons before our Justices assigned to hold pleas before us on Monday the tenth day of September next, by nine of the clock in the forenoon of the same day, at Maitland in our Colony of New South Wales, in the Court House, situate in Maitland there to testify the truth, and give evidence on the part of the Crown before our said Justices, touching a certain information to be preferred against Hugh Campbell and John Riley in a case of sodomy and that you so appear from day to day until the case be tried, and this you, or any or either of you, are not to omit under the penalty of one hundred pounds, to be levied upon your and every of your goods and chattels, lands and tenements, if you, or any, or either of you, shall fail in the premises.

    Witness The Honorable John Nodes Dickinson Esquire, our Acting Chief
    Justice of our Supreme Court of New South Wales, at Sydney,
    the eleventh day of July in the year of
    Our Lord 1860.
    For the Prothonotary
[Signed, John] Williams, Criminal Crown Solicitor.    [Signed] FH Stephen, Second Clerk of Supreme Court.

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[On the depositions’ cover sheet is the following]

1860
Maitland Circuit Court
Armidale No. 7 2
Regina
v.
Hugh Campbell
and
John Riley
Verdict both guilty to commit the felony. Sentence 12 months imprisonment with hard labour in Parramatta [gaol]
[Initialled] J[ohn] F[letcher] H[argrave] AG
Sep 12 (60 ?)

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7th January 1860
2949
Depositions
Regina
v.
Hugh Campbell
&
John Riley
Sodomy
Maitland Circuit Court
Armidale

    Inquire why depositions not forwarded until the 21st when (the ?) prisoner was committed on L 7th. Write is in (?) (?) a (?) says since
[Initialled] EW [Edward Wise] AG
Jan 31/60
Letter accordingly to the Police Magistrate
1st February 1860

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Sodomy
[Initialled] EW [Edward Wise] AG
Jan 31/60

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Justice JN Dickinson’s Notebook 6

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[Maitland, Monday 12 March 1860]
Queen v Hugh Campbell & John Riley – Sodomy

    Edward Conington. 7 I was a constable in Armidale Police. I took prisoners on 2nd January last.

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Constables Rankin 8 & Glenn 9 were with me then. I was on about duty at 10 pm that day. I heard a noise against a fence in Markham Street 500 yards from any house. I saw the 2 prisoners lying down close together. I looked at them for 3 minutes. The other constables did the same. Prisoners lying sideways – Campbell Cll. 10 had his back to Riley’s front. I saw Campbell take down his trowsers below his limb hips – I saw his person exposed behind. Riley opened

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his trowsers & let them down. I saw Riley trying to put his private part into Campbell’s backside – They were as close as they could lying on their side. Riley had his leg over Campbell’s hip. Camp Campbell said “that’s the style – that has got it.” Campbell before that said “you are no good you can’t do it.” Before that Campbell said “don’t hurt me.” A minute later “don’t hurt” & that’s the style. We took them into custody. I told them “I take you for sodomy.” Riley said “we were only lying close together, doing no harm.”

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They were in liquor. W Riley was able to walk – Campbell not so able.
Cross-examined (His deposition read)

    John Glyan. Constable in Armidale police. I helped to arrest prisoners. I saw them on ground near a fence in Markham Street. I saw them lying face to face with a blanket over their heads. Prisoner Campbell had his trowsers down below hips – Riley had his open. I & Conington were there together. They altered position in 2 or 3 minutes. Campbell turned round & put his back in Riley’s

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lap. I observed Riley try try to put his privates into Campbell. This continued about ¼ hour. They remained in last position. Campbell said on turning round “that’s the style” – afterwards I heard Campbell say “don’t hurt me Riley” – “you can’t do it – you are no good” – afterwards “that’s got it.” “That’s the style” was 1st observation I heard. We took them. On road Campbell said “Riley! you have a heavy charge against you.”

    Cross-examined by Campbell. We took the bottle by prisoners away – Campbell was not quite drunk.

    Cross-examined by Riley. (His depositions read)

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    Henry Rampling. Armidale constable. I remember night when prisoners taken. I with the 2 other constables saw prisoners lying by a fence of street. Campbell had his trowsers ½ down over his hips – they were lying down together. Riley’s trowsers open in front. Both lying on right side when I 1st saw them. Cable Campbell’s back to Riley’s front. Campbell turned himself once – face to Riley’s face & turned back again. I saw them each feeling as I thought each other’s pocket – about privates. Campbell shoved his trowsers below his hip

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& shoved his back into Riley’s lap. Campbell put his hand over to Riley’s private parts – sa I saw Riley getting as close to Campbell as he could – that went on for 5 or 6 minutes. I was a foot from them – on same side as prisoners. I saw part of a blanket. I heard Campbell say to Riley “you are no bloody good” – I heard Campbell say “that’s the style” – “you can’t do it.” Riley was surging himself backwards & forwards while this talk was going on.

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Prisoners were taken – on road to lock up Riley said “Sodomy, Sodomy”! Campbell said “a d----d rascally piece of business. I wish I had never dropped into Riley’s company.” When Riley on ground I turned him on his back – his person was exposed.

    Cross-examined by Riley. I then said to constables “this is main part to look at look at.” I told Conington to look at Riley.
(His deposition read)

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The Maitland Mercury, and Hunter River General Advertiser, Tue 13 Mar 1860 11

MAITLAND CIRCUIT COURT.

    This Court opened yesterday before Chief Justice Dickinson. The barristers present were Mr Ellis, Mr Faucett, Mr Butler, Mr Windeyer, and Mr Simpson.

    The proclamation against vice and immorality was read, as was also a commission from the Governor General, under which Mr Butler conducted the prosecutions for the Crown.

UNNATURAL OFFENCE.

    Hugh Campbell and John Riley were indicted for the commission of an unnatural crime, at Armidale, on the 2nd of January.

    The prisoners pleaded not guilty. They were undefended.

    The witnesses called were Edward Conington [sic], John Glynn [sic], and Henry Rampling.

    The evidence was of such a nature that before the case was opened women and young persons were ordered to leave the court. For similar reasons the evidence is unfit for publication. It was, if relied upon, conclusive in proof of the commission of the attempt; but less conclusive as to the completion of the capital offence. The prisoners, though under the influence of liquor, were able to walk. The evidence contained some slight discrepancies.

    [Hugh] Campbell stated, in defence, that on the 1st January he went into the bush with a bottle of grog, and drank until he fell down senseless. When he next recovered consciousness he was in the lockup. [John] Riley denied the charge, and pointed out portions of the evidence as contradictory.

    His Honor summed up.

    The jury, after retiring for about six hours, stated that they were completely at variance, and that it was impossible to come to an agreement. This was at seven o’clock. They then returned to their room with the understanding that his Honor would receive any message from them as late as eleven o’clock.

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The Maitland Mercury, and Hunter River General Advertiser, Thu 15 Mar 1860 12

UNNATURAL CRIME.

    Having been locked up since one o’clock on Monday evening charged at twenty minutes past twelve, being unable to agree.

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Justice SF Milford’s Notebook 13

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[Maitland, Monday 10 September 1860]
John Riley & Hugh Campbell having been arraigned & pleaded not guilty at the last assizes were put upon their trial for buggary [sic] on 2nd January 1860 at Armidale.
Evidence for the Crown.

    Edward Connington. Constable in Armidale Police. On 2nd January last I was on duty at 10 o’clock at night in Markham Street there moon sometimes came out. The prisoners were in Markham Street lying down against a fence. I heard some noise & went to the place. Constables Rampling & Gleen were with me. The prisoners were lying together on the ground. Riley’s trousers were open in the front & Campbell had his down below the breach. Campbell

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had his back part in Riley’s lap. I heard Campbell saying: you are no good you can’t do it. I heard Campbell about this time after: that’s the stile [sic] that’s got it. I was about 2 feet from them they were struggling together on the ground. I never spoke to them when I found out what they were doing. I[n] apprehending them I (roused ?) them up put handcuffs on them & told them the charge. They did not resist. When I roused up I saw Campbell put up his trousers & Riley button his. I can’t say if Campbell had braces. It was about 15 minutes after I first saw them that I apprehended them.

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    Cross-examined by Campbell. You had I believe a belt. I[t] was 2nd January. I know nothing about a belt given to you. There was a bottle alongside but it was empty. I was sober. I was not tutored to bring the charge. – You By Riley were had you were been drunk.

    Cross-examined by Riley. You were intoxicated I think. You were able to walk & that was all. I did not see your person only your trousers open.

    By Campbell. I had cuffed you. I was leaning over the fence a 3 railed fence.

    By Riley. The rain had cleared ½ an hour it had been raining

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hard & the ground was wet.

    John Glynn. I am constable in Armidale Police. Remember 2nd January. I was in Markham Street in Armidale. There are no houses in the street. I saw the prisoners lying alongside of the fence. Rampling & Connington were with me. We were together when we saw the prisoners. They were lying face to face with a blanket over their heads. Campbell had his trousers down below his breach. He had a coat on. I saw his back his back side naked. Riley’s trousers were open in front but not down. They lay face to face for 2 minutes & then Campbell turned round put his breach into Riley’s lap. I heard one say: that’s your stile [sic]. I can’t say which.

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I saw Riley begin to struggle. He was very close to Campbell. I did not see any part of Riley’s person. The next words I heard were from Campbell he said: don’t hurt me Riley. After that I heard Campbell say: that has got it. Before that I heard Campbell say: you are no good Riley you can’t do it. No more was said. We arrested them. This was 7 or ten minutes after we first saw them. I said nothing. I heard one of the prisoners say: who are you & one of the constables say: we are constables. The constable told him the charge. Riley said: what sodomy said he. I heard Campbell say on the way to lock up: you have a heavy charge. The prisoners were awake.

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    Cross-examined by Campbell. You were neither drunk nor sober. We took the bottle to the lock up. It was half full. We took blanket your clothing & a pot. I was not tutored by Rampling. I swore that I saw the Riley’s persons but I contradicted my words afterwards.

    By the Court. I did not see whether Campbell had braces. I do no[t] recollect seeing the lock up keeper give you a belt – We were within a foot during the 7 or 10 minutes of the prisoners – We w I was on the same side as the prisoners. One of the other constables were on the other side. It was moonlight but rather cloudy – The moon was during the 7 or 10 minutes out & sometimes behind

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a cloud during those 7 or 10 minutes. The prisoners could have seen me during the 7 or 10 minutes. The one got into the other’s lap 3 or 4 minutes after I first saw them. We were close to them all the time.

    Henry Rampling. I am constable &c. Remember 2nd January. Was on duty in Markham Street at 10 o’clock. Glynn & Collinan [sic] with me. I saw the prisoners lying under a fence about 10. Moonlight. It had been raining. It was 300 yards from P Office. 14 No house nearer than 100 yards. Campbell was lying on his right hand side & Riley him on his right hand side. Campbell’s trousers ½ way over his breach. Had a shirt above his breach. I saw part of his body one side of his breach.

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Riley was behind with front part of his trousers open his shirt was little up. I saw part of his body when I turned him over. I had heard Campbell say: you hurt me. I heard Campbell: you are no bloody good. He said after a time: that’s the stile [sic]. They were talking but I could not make out what they said. I was a foot or 2 foot off. I was 5 or 6 minutes with them. They were lying down. Campbell put his left arm over to Riley after the conversation. I asked them what they were up [to]. Riley called out: who are you. I said I was constable. He asked what I wanted. I said I should take them in charge for sodomy. The prisoner Riley said: you’re only humbugging. When I was bringing them to the lock up

10

    [Hugh] Campbell: it was a damned rascally piece of business. He said he wished he had never met with Riley’s company. Riley was present & said nothing.

    Cross-examined by Campbell. You were both drunk. I saw an empty bottle but no liquor. I was standing at your feet on the side you were. One was inside the fence. I was the first who took you in charge.

    Cross-examined by Riley. Once you were lying face to face.

    By the Court. There was a part of a blanket doubled up & Campbell’s head lying on it. They could have seen us during the 5 or 6 minutes we (?) were there. I know nothing of a belt being given to Campbell. I saw no fastening to Campbell’s trousers to keep them up.

11

When he got up he shoved his shirt in his trousers & buttoned the front of the trousers up. I did not see how the trousers were kept up as Campbell was going to the Court House lock up.
The case for the Crown was closed.
The prisoners put in a statement in writing.
Evidence for Campbell.

    William Tester. I was lock up keeper at Armidale. Remember 2nd January at lock up. You had been drinking not to say drunk. I gave you belt & gave needle & thread to sew buttons on the trousers.

    By the Crown. I gave the belt aft a week after he came in to the lock up. I did not observe during that week whether he had a belt or not.

Verdict guilty of an attempt to commit a felony – 12 calendar months in Parramatta Gaol hard labour.

~ ~ ~ ~ ~

The Maitland Mercury, and Hunter River General Advertiser, Tue 11 Sep 1860 15

MAITLAND CIRCUIT COURT.

    This Court opened yesterday before his Honor Mr Justice Milford.
    The Attorney General conducted the prosecutions for the Crown. The other barristers present were Mr Ellis, Mr Windeyer, and Mr Simpson.  

CORONER.

    James Thomson, Esq., took the oaths as Coroner for the Maitland and Paterson District.

THE SITTINGS OF THE COURT.

    After the reading of the proclamation concerning vice and immorality, and before any proceedings had been commenced, his Honor stated that, if the criminal business extended over the time allowed for it in the law calendar, he would proceed with it, and not take the civil business until it was completed. He would also sit every morning, at half-past nine o’clock.

UNNATURAL CRIME.

    John Riley and Hugh Campbell were indicted for the commission of an unnatural crime at Armidale, on the 2nd January, 1860.

    The prisoners pleaded not guilty. They were undefended.

    The witnesses called were Edward Connington, John Glien, and Henry Rampling.

    The case was tried at the last sittings of the court, when the jury were unable to agree, and were discharged. The nature of the charge rendered the evidence in support of it unfit for publication. The three witnesses, who were constables in the Armidale police force, agreed substantially in their statements, leaving the commission of the crime a matter of inference, those statements being believed. The constables were standing within a foot or two of the prisoners for from five to ten minutes before apprehending them; and the occasionally cloudy state of the sky on the night in question was assigned as their reason. The prisoners had been drinking heavily, but were not too drunk to walk.

    The prisoners handed in a written statement in defence, in which it was alleged that there were discrepancies in the evidence of the respective witnesses; and it was further stated that having become intoxicated on the day named, the prisoners left Scholes’s public house-house together, taking a bottle of rum with them. They drank more of this, and getting too drunk to proceed, lay down in the street, when they were conscious of nothing more until the constables awakened them. They were so helplessly drunk that they could not have committed the crime; but had they been sober enough to commit it, they would have chosen another place rather than the public street. The prisoner Campbell called one witness, who gave some evidence which had a slight tendency in his favour.

    His Honor summed up.

    The jury, after retiring for two hours, said they found the prisoners guilty of attempting to commit the felony with which they were charged.

    The prisoners were sentenced to twelve months’ imprisonment with hard labour, in Parramatta gaol.

~ ~ ~ ~ ~

Empire, Wed 12 Sep 1860 16

MAITLAND CIRCUIT COURT.
————

This Court opened on Monday, before his Honor Mr Justice Milford.
    The Attorney General conducted the prosecutions for the Crown. The other barristers present were Mr Ellis, Mr Windeyer, and Mr Simpson.

CORONER

    James Thompson, Esq, took the oath as Coroner for the Maitland and Paterson District.

THE SITTINGS OF THE COURT.

    After the reading of the proclamation concerning vice and immorality, and before any proceedings had been commenced, his Honor stated that, if the criminal business extended over the time allowed for it in the law calendar, he would proceed with it, and not take the civil business until it was completed. He would also sit every morning, at half past nine o’clock.

UNNATURAL CRIME.

    John Riley and Hugh Campbell were indicted for the commission of an unnatural crime at Armidale, on the 2nd January, 1860.
    The prisoners pleaded not guilty. They were undefended.
    The witnesses called were Edward Connington, John Glien, and John Rampling.
    The case was tried at the last sittings of the Court, when the jury were unable to agree, and were discharged. The nature of the charge rendered the evidence in support of it unfit for publication.
    The jury, after retiring for two hours, said they found both prisoners guilty of attempting to commit the felony with which they were charged.
    The prisoners were sentenced to twelve months’ imprisonment, with hard labour, in Parramatta gaol.

~ ~ ~ ~ ~

The Sydney Morning Herald, Wed 12 Sep 1860 17

MAITLAND CIRCUIT COURT.
(From Our Correspondent.)

The business of this Court commenced on Monday morning, at ten o’clock, before his Honor Mr Justice Milford.

UNNATURAL OFFENCE

    John Riley and Hugh Campbell were indicted for having, at Armidale, on the 2nd of January, committed an unnatural crime. The prisoners, who were undefended, pleaded not guilty.

    The Attorney-General opened the case, and called the following witnesses for the Crown:—Edward Connington, John Glen, and Henry Rampling, constables in the Armidale police. From the evidence appeared that about ten o’clock in the evening of the day named, the constables saw the prisoners by the side of a fence in Markham-street, Armidale, in such a position, as to leave no doubt of the attempt to commit the offence with which they were charged; they accordingly took them into custody. Prisoners had both been drinking, but were able to walk, the prisoners in their defence put in a written statement in which they pointed out the discrepance of the witnesses’ statement at the police court and at the last assizes when they were put on their trial, and, the jury, not agreeing, were discharged. They stated that they had been drinking for nine days, and were so drunk that they lay down and fell asleep in the public street, and recollected no more about the matter till they were awakened by the police. If they had the means, they could have called a witness named O’Brien, who could have proved that the woman who last employed Riley had on that day said she would give £10 to get him in the lockup, to prevent his entering the service of a rival publican. They further urged upon the consideration of the Court that they had already been eight months’ in prison.

    The Judge summed up, and the jury retired, and at the expiration of two hours returned a verdict of guilty. Prisoners were sentenced to twelve months’ imprisonment in Parramatta gaol with hard labour.


1   The Armidale Express and New England General Advertiser, Sat 7 Jan 1860, p. 3.

2   The Armidale Express and New England General Advertiser, Sat 14 Jan 1860, p. 3.

3   SRNSW: NRS880, [9/6432], Supreme Court, Papers and depositions, Armidale, 1860, No. 2. Emphasis added.

4   Mn: Regina versus Hugh Campbell and John Riley

5   Mn: 2nd January 10 at night Markham Street Armidale

6   SRNSW: NRS5864, [2/3180], Judiciary, JN Dickinson, J. Notebooks Circuit Courts, 1845-60, pp. 7-14. Emphasis added.

7   Connington in transcript of Depositions.

8   aka Rampling in these notes and in transcript of Depositions.

  aka Glyan and Gleen in these notes, and Glien in transcript of Depositions.

10  Abbreviated form of Campbell repeated, perhaps to clarify its subsequent use in notes. 

11  The Maitland Mercury, and Hunter River General Advertiser, Tue 13 Mar 1860, p. 2. Emphasis added.

12  The Maitland Mercury, and Hunter River General Advertiser, Thu 15 Mar 1860, p. 2. 

13  SRNSW: NRS7456, [2/6343], Judiciary, SF Milford, J. Notebooks Circuit Courts, (Bathurst, Maitland, Brisbane, Goulburn), 1856-65, pp. 2-11. Emphasis added.

14  Either Post Office or Police Office.

15  The Maitland Mercury, and Hunter River General Advertiser, Tue 11 Sep 1860, p. 2. 

16  Empire, Wed 12 Sep 1860, p. 5. Emphasis added.

17  The Sydney Morning Herald, Wed 12 Sep 1860, p. 5. Emphasis added.