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1867, William Davis - Unfit For Publication
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Empire, Wed 3 Jul 1867 1 

CENTRAL POLICE COURT.—TUESDAY.
————
(Before the Police Magistrate and Mr Powell.)

...
    Thomas A Britton and William Davis were both remanded till this day, on two separate charges of assault.

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The Sydney Morning Herald, Thu 4 Jul 1867 2

CENTRAL POLICE COURT
WEDNESDAY [3 July 1867]

    Before their Worships the Police Magistrate, Messrs. Chapman, Hughes and Dangar.
...
    William Davis was committed to take his trial at the Central Criminal Court, for an assault with intend to commit an abominable offence.

~ ~ ~ ~ ~

Empire, Sat 13 Jul 1867 3

CENTRAL POLICE COURT.—WEDNESDAY.
————
(Before his Worship the Police Magistrate with
Messrs Dangar, Day, Macdona, Murphy,
Chapman, and Hughes.)

...
    Thomas A Britton, under remand, for the brutal assault upon his wife at Newtown, was again brought before the Court. Mrs Britton was able to leave the Infirmary and now confirmed her previous evidence as published in this journal on Wednesday, 3rd instant. He was remanded until to-morrow week.

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Depositions for William Davis 12 Aug 1867 Sydney trial 4

Information  (General Purposes.)

New South Wales, City of Sydney,
to wit                                       }
Be it remembered, that on the 28th day of June in the Year of Our Lord one thousand eight hundred and sixty seven, at Sydney in the Colony of New South Wales, Henry Summers [aka Somers] of Sydney, appeared before me, the undersigned, one of Her Majesty's Justices, duly assigned to keep the Peace of our Lady the Queen in and for the Colony of New South Wales, and on oath informs me, that on this 28th day of June, in the year of Our Lord one thousand eight hundred and sixty seven, a man who is known to this informant only by the name of Jack, and whose person he can identify, did at Sydney unlawfully make an assault upon him this deponent with intent then with him feloniously to commit and perpetrate the detestable and abominable crime of buggery contrary to the Act in such case made and provided; whereupon he said Henry Summers prayed that I, the Justice, will proceed in the premises according to law.
[Signed] Henry Summers.

Sworn at Sydney, in the said Colony, on the day first above written, before me.
[Signed] David Charles Frederick Scott, JP.

1

Depositions of Witnesses.

New South Wales, City of Sydney
to wit                                       }
The examination of Patrick Lyons a Detective of the Police Force, in the Colony of New South Wales, Henry Summers of Gloucester Street Sydney, Blacksmith, and Henry Bawn [aka Bourne], lamp trimmer on board the Agnes Irving, Steamer, taken on oath this 3rd day of July in the Year of Our Lord one thousand eight hundred and sixty seven, at the Central Police Court Sydney, 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 William Davis [aka Davies] who is charged this day before me, for that he the said William Davis on the night of 28th day of June last at Sydney, in the Said Colony, did make an assault upon the said Henry Summers with intent then and there that detestable and abominable crime called buggery, with the said Henry Summers feloniously, wickedly, diabolically and against the order of nature to commit and perpetrate.

2

William Davis, Sodomy.

    Patrick Lyons on oath states, I am a Detective in the Sydney Police Force. About 11 o'clock yesterday morning I arrested the prisoner now before the Court by virtue of the Warrant I now produce. Wherein Prisoner is charged with having on the 28th of this present month [June] made an assault on one Henry Summers with intent then with him feloniously to commit and perpetrate the detestable and abominable crime of buggery.

    I arrested prisoner at Mr Glue's, a restaurant in Pitt Street Sydney, [JC Glue, Grocer and Eating House, 162 and 164 Pitt Street, Sydney]. I was accompanied by Detective Finnegan. In reply to the charge prisoner said "It was wrong".

    On his way to the Watch House he

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remarked, unsolicited and in the hearing of Detective Finnegan, that he had been drinking the night before or all that night, that he was only larking, that he mistook the prosecutor for a cab man who was in the habit of sleeping in that bed. I think he called him Charlie, I locked him up.
[Signed] Patrick Lyons.

Central Police Court Sydney, 29th June 1867.
Sworn before [Signed] DCF Scott, JP, postponed to Tuesday next, 2nd July 1867.

    Further remanded till tomorrow, 2nd July 1867
[Signed] DCF Scott.
Witnessed by [Signed] John [Name illegible] JP.

4

Detective Constable Patrick Lyons resworn states: My Deposition just read is true.

    I now produce some papers, two portemonnaie's [sic] a pipe and a blooded handkerchief which I found on the prisoner.
[Signed] Patrick Lyons.

Central Police Court Sydney, 3rd July 1867.
Sworn before [Signed] DCF Scott, Police Magistrate, Sydney.

5

Information Read

    Henry Summers on oath states: I reside in Gloucester Street and am by trade a Blacksmith  I'm 19 years old.

    I know the prisoner. He is the person who I alluded to in my information.

    On last Thursday night I went to the "Kent Larder" in Pitt Street to get a bed, in company with a young chap named Henry Bourne. I went to bed at about 11 o'clock. There were several beds

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in this room. I slept in a bed by myself. Bawn slept in a bed next to me on the right hand side. When I went to bed I took off all my things with the exception of my shirt. I was quite sober when I went to bed.

    I was about dosing off when I felt someone's hand about my backside. I put my hand down and felt a man's person in his hand. His person was between

7

the cheeks of my backside and it was shoved twice against me. I slewed round and got hold of a man by the hair of his head. I said "You son of a bitch" and I struck him. He said to me "Hush — —  don't make a noise" and kept rubbing my face with a handkerchief with something on it having a nasty smell. He said "I'll go down and get a bit of soap." He went down then. I spoke to Bawn and told

8

him to watch and sit up in bed. He did so. Soon after this the prisoner came back. I saw it was the prisoner by the light from the moon. He said "I've got that." Bawn said "What does he mean by that?" I said "The soap." Prisoner then got into bed with me and put his hand down on my backside with a lather of soap on it. He gave a rub there. I said to him "get along you dirty swine." He said "Don't make a row." I then sat up

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in the bed. Bawn then called out to me "Let's tackle him". I heard something heavy fall off the bed at this time and I thought it was some heavy iron weapon.

    I said to Bawn "Don't do anything, didn't you heard that, fall off the bed just now." I then said: "I'll get out of my bed into yours Bawn." I did so. The man got out and went into another bed.

    When he came to me the second time with the

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I shoved him away.

    I laid in Bawn's bed all night. This all took place in the night. I struck the prisoner somewhere about the face.

    Next morning when I came downstairs to breakfast I accused the prisoner of it. He said "Don't make a noise, you'll only make a show of yourself and me too." I said "you'll see what a show I'll make of you before the day is out." Bawn was present at this

11

time.

    I after this gave information to the Police. I saw the prisoner's face by the light of the moon.

    When he said he'll go for the soap "I'll soap you, you bugger." He didn't smell to me as if he had been drinking. I resisted him as much as I could. There was no penetration.
[Signed] Henry Summers.

Sworn at the Central Police Court, Sydney, 3rd July 1867.
Before [Signed] DCF Scott, JP.

12

    Henry Bawn on oath states: I am a lamp trimmer on board the Agnes Irving. I know the prosecutor and I know the prisoner.

    A little after 12 o'clock on last Thursday night prosecutor and I went to the "Kent Larder" Pitt Street to get a bed. He and I slept in the same room but not in the same bed.

    I was asleep and was woken up at about 10 o'clock by Summers. From information

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which he gave me I sat up in bed. I then saw the prisoner come upstairs and get into Summers' bed. I heard him say "I've got that." I said to Summers "What does he mean." He said "he means the soap." Summers then called prisoner a dirty pig and struck him. Summers then asked me to allow him to sleep in my bed. I consented and he came into my bed and slept with me. Before Summers

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got into my bed I said to Summers "Let's tackle him." Soon after this something fell from Summers' bed onto the floor.

    Summers then said "Don't, I'm frightened. I heard something very heavy fall."

    I saw prisoner's face by the light from the moon.

    Next morning the prosecutor and I went downstairs. The prosecutor then spoke to prisoner and said "If ever I meet you in the street I'll hit you." He said "Don't

15

make a show of me and yourself too." He didn't appear drunk to me. There were two sleeping in the room besides us  a cab man and another man.
[Signed] Henry Bawn.

Sworn at the Central Police Court Sydney 3rd July 1867.
Before [Signed] DCF Scott.

~ ~ ~ ~ ~

Statement of the Accused.

New South Wales,
to wit.                }
William Davis stands charged before the undersigned, one of Her Majesty's Justices of the Peace in and for the Colony aforesaid, this 3rd day of July in the Year of Our Lord one thousand eight hundred and sixty seven, for that he, the said William Davis on the 28th day of June last [1867], at Sydney, in the said Colony, did attempt to commit the abominable crime of buggery on one Henry Summers. And the examinations of all the witnesses on the part of the prosecution having been completed, and the depositions taken against the accused having been caused to be read to him by me, the said Justice, before whom such examination has been so completed; and I, the said Justice, having also stated to the accused and given him clearly to understand that he had nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall say may be given in evidence against him upon his trail, notwithstanding such promise or threat; and the charge being read to the said William Davis and the witnesses for the prosecution being severally examined in his presence, the said William David is now addressed by me as follows: "Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in writing, and may be given in evidence against you upon your trial;" whereupon the said William Davis saith as follows: "I wish to call witnesses."

Taken before me, at Sydney, in the said Colony, the day and year first abovementioned.
[Signed] DCF Scott, JP.

~ ~ ~ ~ ~

Depositions of Witnesses.

New South Wales, City of Sydney
to wit                                      }
The examination of William Whittaker of Sydney, in the Colony of New South Wales, Cabman taken on oath, this 3rd day of July in the Year of Our Lord One Thousand Eight Hundred and sixty seven, at the Central Police Court Sydney 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 William Davis who is charged this day before me, with the offence as before stated.

1

Defence.

    William Whittaker on oath states: I know the prisoner well. I am a cab driver. He is a waiter at the Kent Larder. On last Thursday night at 10 minutes to 10 o'clock I went to bed in the same room as the prosecutor. I went to sleep and didn't wake up till next morning. I heard no disturbance during the night. You have been in the habit of skylarking with

2

me by jumping on top of me in bed. You slept with me several nights.  I didn't see you come to bed that night. I slept in the same bed as the prosecutor slept in at this time, on several occasions with you.
[Signed] William Whittaker.

Sworn at the Central Police Court Sydney, 3rd July 1866.
Before [Signed] DCF Scott, PM.

~ ~ ~ ~ ~

    The prisoner committed for trial at the next Criminal Court Sydney. Central Police Court, Sydney, 3rd July 1867.
[Signed] DCF Scott.

~ ~ ~ ~ ~

Warrant in the First Instance.

To Mr Inspector George Read, a Constable in the Police Force for the Colony of New South Wales, and to other Constables in said Force. Whereas information hath this day be laid before the undersigned, one of Her Majesty's Justices of the Peace in and for the Colony of New South Wales, for that one man whose name is unknown only by the name of Jack did, at Sydney, in the Colony aforesaid, on this 28th day of June, in the Year of Our Lord one thousand eight hundred and sixty seven, unlawfully make an assault upon one Henry Summers. With intent then with him feloniously to commit and perpetrate the detestable and abominable crime of buggery and oath being now made before me, substantiating the matter of the said information: these are therefore to command you, in Her Majesty's name, forthwith to apprehend the said man and to bring him before some one or more of Her Majesty's Justices of the Peace in and for the Colony aforesaid, to answer to the laid information, and to be further dealt with according to law. Given under my hand and seal, this 28th day of June, in the year of Our Lord one thousand eight hundred and sixty seven, at Sydney in the Colony aforesaid.
[Signed] DCF Scott, JP.

~ ~ ~ ~ ~

Justice A Cheeke's Notebook 5

32

Darlinghurst Criminal Sessions
12th August 1867
William Davis  Assault with Intent to commit Sodomy

    Constable [Patrick] Lyons  Apprehended prisoner 28th June at Pitt St. under (Warrant ?) which I lead charge sodomy, he said it was wrong  (?) (?) present subsequently on the way to Watch House he said he had been drinking all the night that he mistook the man for Big Charley who was in the habit of sleeping in the bed with prisoner  that he was only larking  I found a bloody handkerchief in his pocket  

33

    Henry Somers  Blacksmith 18 years age. I know the prisoner. (Recollects ?) 27th June last slept at the Kent Larder (?) (?) Henry Bourne was with me, slept in the long room  many beds  I had Bourne had different beds. I went to sleep and was awoken up by a man his hand down my backside. I threatened to hit him  he said he would go and get some soap. I said I'll hit you  he again came into bed he laid his person against my bottom  it was between my legs  he rubbed a rag about my face  he (?) and said I have got that. Bourne said what does he mean. I said the soap  Heard something fall off the bed, and I said to Bourne let's tackle him  I said I'll get into Bourne's bed

34

and did so  Prisoner got out of my bed and went to his own bed. It was very light by the moon  Prisoner I saw next morning. I told him (?) (?) (Constable ?). He said you will only make a show of myself and you. I said I'll show you. He did not seem drunk, he spoke plainly 

    Cross-examined. I had only seen (prisoner ?) once or twice  I told Bourne (prisoner ?) had gone to get the soap. I did not know your name. Bourne watched you  He was in his shirt when he came into my bed and went down for the soap  I (know ?) Bourne and a Cabman was (in ?) (the ?) room  I was frightened by his

35

(?)  (?) (?) showed me the (soap ?)  I am sure it was you by the light of the moon.

    Henry Bourne. I was employed by (Hubley ?). On the 27th June I slept at Glue's (?) (?) Somers and slept in adjacent bed  I was awoke by Somers who said something. Two minutes after saw the prisoner he came up to (?) saw prisoner go into Somers' bed say I have got that  I asked what, Somers said soap and called him a dirty pig, saw Somers lift his arm  heard something fall. I said let us tackle him  Somers said (?) when. Somers came into my bed all night  prisoner got up and went to his own bed. Saw his features by the light of the moon. Somers threatened. Prisoner said Don't make a show of yourself and me  I think prisoner was sober.

    Cross-examined. The night before you said it (would ?) be only (?) you could sleep with me.

36

Somers said a man had gone down the stairs mentioning no name  I saw you come back and get into Somers' bed. You got into the cloathes saying you have that  you must have heard what (?) said  Didn't hear Cabman called by the name of Big Charley.

    Deposition of Somers read at the request of the prisoner  I said at the Police Office he put the soap down to lather not that he lathered me with the soap. No quarrel with the prisoner (both witnesses).

    Edward Jolly. (Waiter ?) out of (my ?) employ  At the Kent Larder (?) (?) I heard Somers say something heard you say he was a (mad ?)  might get (?) if you liked  you said you could injure me  (only ?) yourself  (?) the Constable Lyons  6

Guilty.
Two years Hard Labor Darlinghurst Gaol

~ ~ ~ ~ ~

The Sydney Morning Herald, Tue 13 Aug 1867 7

CENTRAL CRIMINAL COURT
MONDAY [12 AUGUST 1867]

INDECENCY

    William Davies was indicted for having, on the 28th June, at Sydney, assaulted one Henry Summers, with intent to commit an unnatural offence.

    The prisoner pleaded not guilty, and was undefended. The Solicitor-General [Robert McIntosh Isaacs] prosecuted for the Crown.

    It appeared that on the night named in the indictment the prosecutor (who was a lad of eighteen) and a youth named Bourne, slept in a bedchamber in the Kent Larder Rooms, Pitt-street. In this room there were eleven beds. Summers occupied one, Bourne another, and the prisoner another. Four other persons slept in the same room. The offence charged against the prisoner was alleged to have been committed in the middle of the night. The details are unfit for publication, and the particulars of the assault were sworn to by the prosecutor and Bourne. It was shown that, although there were other persons sleeping in the room, no one else was aroused by the proceedings, nor did the prosecutor or his companions give the alarm. The prisoner denied the charge emphatically, and pointed out the many inconsistences of the evidence, asserting that the accusation had been trumped up against him for the purpose of extorting money.

    The SOLICITOR-GENERAL replied, his HONOR [Justice Cheeke] summed up, and the jury, after an absence of an hour and a quarter, returned a verdict of guilty.

    The prisoner was sentenced to two years' imprisonment in Darlinghurst gaol, with hard labour.

~ ~ ~ ~ ~

The Sydney Mail, Sat 17 Aug 1867 8

CRIMINAL COURT.
MONDAY.

    Before his Honor Mr Justice Cheeke.
...

INDECENCY.

    William Davies was indicted for having on the 28th June, at Sydney, assaulted one Henry Summers, with intent to commit an unnatural offence.

    The prisoner pleaded not guilty, and was undefended. The Solicitor-General prosecuted for the Crown.

    It appeared that on the night named in the indictment the prosecutor (who was a lad of eighteen) and a youth named Bourne, slept in a bedchamber in the Kent Larder Rooms, Pitt-street. In this room there were eleven beds. Summers occupied one, Bourne another, and the prisoner another. Four other persons slept in the same room. The offence charged against the prisoner was alleged to have been committed in the middle of the night. The details are unfit for publication, and the particulars of the assault were sworn to by the prosecutor and Bourne. It was shown that, although there were four other persons sleeping in the room, no one else was aroused by the proceedings, nor did the prosecutor or his companions give the alarm. The prisoner denied the charge emphatically, and pointed out the many inconsistencies of the evidence, asserting that the accusation had been trumped up against him for the purpose of extorting money.

    The SOLICITOR-GENERAL replied, his HONOR summed up, and the jury, after an absence of an hour and a quarter, returned a verdict of guilty.

    The prisoner was sentenced to two years' imprisonment in Darlinghurst gaol, with hard labour.


1  Empire, Wed 3 Jul 1867, p. 8. Emphasis added.

2  The Sydney Morning Herald, Thu 4 Jul 1867, p. 6.

3  Empire, Sat 13 Jul 1867, p. 3.

4  SRNSW: NRS880, [9/6495], Supreme Court, Papers and depositions, Darlinghurst, Aug 1867, No. 598. Emphasis added.

5  SRNSW: NRS5775, [2/2522], Judiciary, A Cheeke, J. Notebooks Criminal Sessions, 1865-74, pp. 32-6. Emphasis added.

6  Mn: The identity. The (?) probabilities (?) in alarm. (?) (?)

7  The Sydney Morning Herald, Tue 13 Aug 1867, p. 6.

8  The Sydney Mail, Sat 17 Aug 1867, p. 5.