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1868, Walter Gaffney - Unfit For Publication
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The Yass Courier and General Advertiser, Sat 4 Apr 1868 1

LOCAL & GENERAL INTELLIGENCE
YASS COURT OF PETTY SESSIONS.

...

THURSDAY, April 2.
Before Dr [Morgan] O'Connor [JP]

    UNNATURAL OFFENCE.—Walter Gaffney, a man apparently about sixty-four or sixty-five years of age, was brought up on warrant, charged on the information of Patrick Ringwood with having, on the 19th of March, committed and subsequently attempted to commit an unnatural offence.

    Mr Harper, of the office of Mr WF Wilkinson, solicitor, asked his worship's permission to advise the prisoner on behalf of that learned advocate.

    Dr O'Connor said he had no objection, and consequently Mr Harper conducted the defence.

    Mr sub-inspector [Patrick] Brennan conducted the prosecution, and stated the circumstances of the case to his worship; after which he called

    Senior-constable [Joseph] Chapman, who deposed: I am stationed at Jugiong; I lately received information from sub-inspector Brennan, charging the prisoner with an unnatural offence; I apprehended him on the 1st inst. at Five-Mile Creek, on the Southern road; I told him the charge; he asked the meaning of the word (designating the crime with which he was charged); I told him he would know about that as soon as he came to Yass; I brought him to Yass and confined him in the lockup there.

    Patrick Ringwood [see 1857, Patrick Ringwood] was then examined by Mr sub-inspector Brennan, and deposed as follows: I was lately in Mr Lehane's employ; I entered his service about three weeks before Christmas; prisoner was not there at that time; I was at Coppabella, near Reedy Creek, and was a fortnight there before he came; when he came he appeared to be friendly and shook hands with me. (The prosecutor then proceeded to state that on the occasion of that night prisoner made attempts to commit the offence with which he was charged.) He said that he was a cousin of mine; I said I did not know it; he then said he had followed me from Corrobara (Messrs Clarke and Macleay's station, on the Murrumbidgee) to Mr Lehane's. (The prosecutor then further proceeded to state other acts of the prisoner's but which, however, were not such as to establish the capital felony. The details were exceedingly disgusting.) I shifted my bed, and when I did so prisoner got a tomahawk to kill me. (The prosecutor on being asked, said the offence had been committed every night from a fortnight before Christmas to the 25th March, with the exception of a week when he and prisoner were separated on the road.) I slept in the same hut with the prisoner at Narraburra (the witness then described another attempt there to commit the alleged offence); he (prisoner) then dragged me out of bed to the door and swore by his Holy Ghost that he would kill me (and then witness proceeded to say what he would do afterwards); I ran away in my shirt and stopped away for half an hour, when I returned to the hut (the witness explained that this was on the 24th March and not on the 19th March that the offence was committed); I was frightened of my life, and that was the reason I did not go away from the station; when I got some one to take my sheep, I came to Yass through the bush. I had told Willie Lehane that prisoner had committed the offence; it was never committed with my consent or own free will; I am seventy-one years of age last St Patrick's Day [17 March 1868].

    Cross-examined by Mr Harper for Mr Wilkinson: I knew prisoner before he came to Mr Lehane's and was very friendly with him at that time; I knew him at Cuba (one of Messrs Clarke and Macleay's stations); he was not then in the same hut with me; when he tried to commit the offence with me I was not able to struggle (the witness amended his evidence by stating that he understood the question put to him was 'strike'); I could not do so, he (meaning prisoner) was a terrible man; I always struggled when he attempted to commit what he did; there were Mr Robinson and Mr Willie Lehane who had charge of the station; Mr Robinson had charge of the station; prisoner and I were shepherding two flocks, which we watched; I saw Robinson only when he came to count the sheep; my hut was one and a half mile from Marshall's public-house, and I used to go there frequently at night, sometimes five times in a week, sometimes twice or three times, and sometimes not at all; I never was drunk in my life, although I can drink; I have seen Marshall's Paddy; one night I fell down coming from Marshall's, a stick caught me between the legs, and threw me, but I did not send for prisoner to come and take me home; I was at Marshall's on the night of the 24th (March); I brought a bottle of pale brandy home; I drank nothing at Marshall's that night; when I got home I drank one glass from the bottle and that was all; I do not know what I was discharged for. (The witness was asked whether he was not discharged for starving his flock; he persisted in stating that he did not know for what reason he was discharged; Mr Lehane, junior, took the flock from me.) I shook hands with prisoner when I left. I was only too glad to get away; I told him I would go back to the hut, but I did not do so; I left the station by another road, that by Dacey's; he said before I went, "for God's sake stop, and I will steal a horse and we will go together."

    At this stage of the proceedings Mr sub-inspector [Patrick] Brennan said that this was in his opinion decidedly the worst case that had ever been brought before this court, and he would ask for a remand on the ground of justice to the community. He was desirous of procuring the attendance of Mr William Lehane on this account, and would therefore apply for a remand. As the Circuit Court was to be held at Goulburn next week it would be desirable that the remand should be for a fortnight, as the attendance both of Dr O'Connor and himself would be required there.

    It was then arranged that the prisoner should be remanded till next Wednesday, with the understanding that upon that day there should be as further remand till the following Wednesday, upon which day the case would be further proceeded with.

~ ~ ~ ~ ~

The Yass Courier and General Advertiser, Sat 11Apr 1868 2

LOCAL & GENERAL INTELLIGENCE
———
YASS COURT OF PETTY SESSIONS.
WEDNESDAY, APRIL 8.
Before Messrs Laidlaw and Mackey.

...
    UNNATURAL OFFENCE.—Walter Gaffney, charged with this offence, was brought up and further remanded till next court day, for the attendance of material witnesses.

~ ~ ~ ~ ~

The Yass Courier and General Advertiser, Sat 18 Apr 1868 3

LOCAL & GENERAL INTELLIGENCE
———
YASS COURT OF PETTY SESSIONS.
WEDNESDAY, APRIL 15.
Before Dr O'Connor.

    UNNATURAL OFFENCE.—Walter Gaffney was brought up, on remand, charged with the above crime. Mr William Lehane, superintendent at Narraburra, for his father, Mr Jeremiah Lehane of Coppabella, was examined, after which the prisoner was committed to take his trial at the next sittings of the Circuit Court at Goulburn.

    SAME OFFENCE.—Patrick Ringwood, on leaving the court, was apprehended by constable [Thomas] Drohan, and charged by Mr sub-inspector Brennan with a similar offence. The evidence not being sufficiently clear, Mr Brennan said he would not now press the charge. The prisoner was then discharged.

~ ~ ~ ~ ~

Depositions for Walter Gaffney 5 Oct 1868 Goulburn trial 4

(Copy.)

Detective Office, Sydney
25th June 1868

Inspector Brennan, Yass
    The man named and described in the margin 5 was tried at the Supreme Court, Sydney, 4th August 1867 [sic— 1857], convicted of unnatural offences and sentenced to two years roads for first offence, two years roads at expiration of first sentence and one year roads at expiration of second sentence and to find bail himself in £40 and two sureties £10 each or to be further detained.

    Received certificate of Freedom No. 62/30, 5 August 1862.

    There appears to be nothing known of this man under the name of (Heayden ?).
[Signed] Henry (Wager ?)
Officer in charge of detectives

~ ~ ~ ~ ~

Memo
    The above being the result of inquiry relative the man (Heayden ?) or Ringwood, is forwarded for Mr Brennan's information.
[Signed] Henry Zouch
Superintendent
South Eastern District
29 June 1868

~ ~ ~ ~ ~

Information — (General Purposes.)

New South Wales,
TO WIT.                 }

Be it remembered, that on the 31st day of March in the year of Our Lord one thousand eight hundred and sixty eight, at Yass, in the Colony of New South Wales, Patrick Ringwood of Narraboro [sic], appears 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 the nineteenth day of March, in the year of Our Lord one thousand eight hundred and sixty eight, Walter Gaffney did commit the abominable crime of buggery upon the person of the said Patrick Ringwood at Narrabora contrary to the Act in such case made and provided; whereupon the said Patrick Ringwood prays that I, the said Justice, will proceed in the premises according to law.
[Signed] Patrick (his X mark) Ringwood.

Sworn at Yass, in the said Colony, on the day first above written, before me.
[Signed] S Campbell, JP.

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Police Court, Yass
Wednesday, 15 April 1868.

Patrick Ringwood sodomy

    Thomas Drohan, on oath saith as follows:— I am a Constable stationed at Yass. I arrested the prisoner, Patrick Ringwood, in town this morning. I charged him with committing sodomy in conjunction with Walter Gaffney. He said "I am not guilty."
[Signed] Thomas Drohan.

Taken and sworn before me at Yass this 15 April 1868.
[Signed] Morgan O'Connor, JP.

    Walter Gaffney, on oath saith as follows:— I am a shepherd, lately in Jeremiah Lehane's employ. I know the prisoner

2

Patrick Ringwood well. He was lately a mate of mine, shepherding, [staying] in the one hut. There was only the one bed in the hut. We both slept under the one blanket. He used to be putting his penis between my thighs. He discharged between my thighs. I never had connection with him in my life. He twice attempted it on me. He never attempted to enter me, nor did he enter me. I have done it to him, betwixt his thighs, with his consent, but I never did anything more.
[Signed] Walter (his X mark) Gaffney.

Taken and sworn before me at Yass, this 15th April 1868.
[Signed] Morgan O'Connor, JP.

Prisoner discharged.
[Signed] Morgan O'Connor, JP.

~ ~ ~ ~ ~

Police Office, Yass
15th April 1868.

The Secretary Crown Law Department, Sydney 308/68

Sir,
    I have the honor to forward herewith depositions in the case of Walter Gaffney, committed for trial at the next Circuit Court, Goulburn, on the fifth October next, on a charge of sodomy.

    In addition, I enclose deposition in the case of Patrick Ringwood, the prosecutor in the above case, who was apprehended on a similar charge, by instructions of the Sub-Inspector of Police, Mr Brennan, but who was discharged, the evidence failing to substantiate the allegation.

I have the honor to be
    Sir
Your obedient servant.
[Signed] Chas J Poole, CPS.

~ ~ ~ ~ ~

(M. 11 & 12 Vic., Cap. 42.)

Depositions of Witnesses.

New South Wales,
TO WIT.                 }

The examination of Joseph Chapman of Jugiong in the Colony of New South Wales, Mounted Police Patrick Ringwood, of Narraburra, shepherd and William Lehane of Narraburra in the said Colony, station superintendent, taken on Wednesday this fifteenth day of April in the year of Our Lord one thousand eight hundred and sixty eight, at Yass 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 Walter Gaffney who is charged this day before me for that he the said Walter Gaffney on the 24th day of March 1868 at Narraburra, in the said Colony, did commit the abominable crime of buggery upon the person of Patrick Ringwood.

1

Police Office, Yass
Thursday, 2nd April 1868.

Walter Gaffney sodomy.

    Joseph Chapman, on oath saith as follows:— I am Senior Constable of Police stationed at Jugiong. I received information from Sub-Inspector Brennan, lately, charging the prisoner with having committed an unnatural offence. In consequence I apprehended the prisoner at Five Mile Creek, on Wednesday, the first April, about thirty miles from here, on the road to Jugiong. He asked me the meaning of the charge, and I told him he would know that as soon as he got into Yass. I then confined him in the

2

Yass Lockup. The warrant produced is the one granted for the apprehension of prisoner. It contains the same charge as the "criminal information" from which I arrested him.
[Signed] J Chapman.

Taken before me, at Yass, this second April 1868.
[Signed] Morgan O'Connor, JP.

3

    Patrick Ringwood, on oath saith as follows:– I am a shepherd in the employ, lately of Mr J Lehane. I know the prisoner. He tells me his name is Walter Gaffney. I entered Mr Lehane's service shortly before Christmas last. Prisoner was not there then, but came there about a fortnight after me, to Coppabella. When the prisoner came, he seemed friendly with me and shook hands with me. That night, he lay down on a wool bail alongside me, under the one blanket. We both went to bed together. He put his hand across my legs and began to pull me by my privates. He said at the same time that he was a cousin of mine, and I said I did not know it. He put his hands around me, and began to kiss me, and said he

4

was fonder of me than anyone he ever came across, and that he had followed me from Clarke's and MacLeay's station on the Murrumbidgee. He got his privates between my two legs, and worked just the same as he would with a woman. He discharged on me. He committed the same offence every night, except for one week we were separate on the roads, until Wednesday night week, the 25th of March. On the 19th March — Thursday — I was at Narrabora, Mr Lehane's station. I slept in the one hut in the one bed with the prisoner that night. He put his hands about me, and paid said he was fond of me than ever a woman who ever lived. He took my hand in spite of me, and put it on his private part. I drew back, and he then dragged me out of the bed to the door, and swore by the Holy Ghost, he would kill

5

me and fuck me afterwards. I ran away in my shirt, but came back in about half an hour. I got into bed again, and he then got on the top of me, and he told me to get some oil and put it on his privates, and he would enter me easy. His private parts entered my back in the anus, but I did not allow him to commit the deed. I told him I had the piles and a stricture, and he said that would cure me. He then turned down the bed clothes and kissed my private parts with his mouth. The reason why I did not leave the place, was that I was afraid for my life, as he said he would follow me. When I got the chance, I did come away, through the bush, past Murrumburrah. If it had not been for Billy Lehane he would have taken my life. I told Willie Lehane

6

that the prisoner was beggering [sic] me and trying to commit sodomy on me. That was the night he tried to kill me, and Willie Lehane prevented him. He said he would put me in a separate hut from the prisoner. I took out these proceedings not from any ill will to the prisoner, but to protect my life. I never allowed him to commit the offence from my own free will, but always tried to prevent him. I was seventy one years of age last St Patrick's Day. I have made a mistake with respect to the date of the offence. It was not the 19th March, but the night of Wednesday, the 24th March. I gave up my sheep on the Thursday, the 25th March, and left the place on the following day, for Yass. I never told anyone but Willie Lehane of the way the prisoner used me.

    Cross examined by Mr Harper, for Mr Wilkinson: I

7

knew the prisoner at another station before going to Mr Lehane's, but we were never living in the same hut together before. When he first tried to commit the offence, I did not struggle at all, as I was not able, he is a terrible man; I was frightened of him. I understood you to ask me if I struck him. I did not strike him, but I did struggle always with him. A man named Robinson was in charge at Mr Lehane's station. We were both watchmen and shepherds, each having a flock. I only saw Robinson when he came to count the sheep. Our hut was about a mile and a half from Marshall's public house. I was frequently there at night. I was never drunk in my life. Although I can drink. I know a man named "Paddy" at Marshall's. I fell that night through a stick getting between my two legs. The night the prisoner

8

dragged me out of bed, I had only had a nobbler. I was discharged from Lehane's. I did not ask why I was discharged, because I was glad to get away. I shook hands with him (prisoner) as I was leaving, and said I would go back to the hut, but instead I went another road, by Dacey's. He said "For God Almighty, come back, and I will steal a horse somewhere and will be with you." On the night of the 24th March, his privates did enter me. He had not done before. I swear positively that he penetrated me that night.

    By the Bench: On the night of the 24th, he entered me, but he did not discharge in me. He discharged on me. The blankets were covered with blood. The penetration was before he discharged the semen on me.

    To Mr Harper: He said he had some complaint, which caused the blood. The reason I never told Robinson about the prisoner's

9

behaviour, was because he said Robinson was a bad man, such a liar. I told Willie Lehane, he seemed right. I was there, and I thought that was enough. I did not tell Willie Lehane again, because I thought it was no use, and prisoner said Willie Lehane told him all I said, and I was afraid of my life.
[Signed] Patrick (his X mark) Ringwood.

Taken and sworn before me at Yass, this 2nd April 1868.
[Signed] Morgan O'Connor, JP.

Remanded until Wednesday, the 8th April 1868.
[Signed] Morgan O'Connor, JP.

Wednesday 8th April 1868

Remanded to Wednesday 15 April 1868 for the attendance of a material witness.
[Signed] Thos Laidlaw, JP.

10

    Willie Lehane, on oath saith as follows: I am managing a station for my father, at Narraburra, in the Southern District. I know the prisoner Gaffney, also the prosecutor Ringwood. They were both in my employ as shepherds. Ringwood made a statement to me on one occasion in reference to the prisoner. He made two statements to me. I wanted to bring Ringwood to the prisoner's face, but he then denied the statement. I saw the prisoner kick Ringwood on the head, as he was lying down. It was rather a violent kick, and left a mark. I discharged Ringwood. I did not discharge the prisoner. He left me and said "The pr Ringwood had been hired for twelve months, and is discharged. You may treat me the same, so I won't give you the chance,

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but will go away myself." The night that prisoner kicked Ringwood, he (prisoner) was going away, but I induced him to stay. The two always seemed to be on good terms, except on that particular occasion.

    The prisoner said he had no questions to ask.

    By Sub-Inspector Brennan: The two, prisoner and prosecutor, lived in the same hut. I never saw them in bed, but I saw there was only one bunk in the hut.

    By the Bench: When the prisoner kicked Ringwood on the head Ringwood said he would go to Lambing Flat, for a summons for him.

    By Sub-Inspector Brennan: I have heard Ringwood ask to be left in the same hut with Gaffney, to make white bread, but I do not know it of my own knowledge.
[Signed] William Lehane.

Taken and sworn before me at Yass, this 15 April 1868.
[Signed] Morgan O'Connor, JP.

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Prisoner committed for trial at Circuit Court, Goulburn, on Monday, October 5 1868.
[Signed] Morgan O'Connor, JP.

~ ~ ~ ~ ~

(M., 11 & 12 Vic., Cap. 42.)

Statement of the Accused.

New South Wales,
TO WIT.                 }

Walter Gaffney stands charged before the undersigned, one of Her Majesty's Justices of the Peace in and for the Colony aforesaid, this 15th day of April in the year of Our Lord one thousand eight hundred and sixty eight for that he, the said Walter Gaffney on the 24th day of March 1868 at Narraburra, in the said Colony, did commit the abominable crime of buggery upon the person of Patrick Ringwood at Narraburra and the examination 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, (by/or) 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 has 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 trial, notwithstanding such promise or threat; and the said charge being read to the said Walter Gaffney and the witnesses for the prosecution Joseph Chapman, Patrick Ringwood and William Lehane being severally examined in his presence, the said Walter Gaffney is now addressed by me as follows:— "Having heard the evidence, so 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:— "I have nothing to say."
[Signed] Walter (his X mark) Gaffney.

Taken before me, at Yass, in the said Colony, the day and year first above mentioned.
[Signed] Morgan O'Connor, JP.

~ ~ ~ ~ ~

(O. 1.)

Recognizance to give Evidence.

New South Wales,
TO WIT.                 }

Be it remembered, that on the fifteenth day of April, in the year of Our Lord one thousand eight hundred and
sixty eight Joseph Chapman, of Jugiong, Mounted Constable, Patrick Ringwood, of Narraburra, shepherd, and William Lehane, of Narraburra, station superintendent, personally came before Morgan O'Connor. 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 Sterling

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 Joseph Chapman, Patrick Ringwood and William Lehane shall fail in the condition indorsed. Taken and acknowledged the day and year firs above mentioned at Yass in the said Colony, before.
[Signed] Morgan O'Connor, JP.

The condition of the within written Recognizance is such, that whereas one Walter Gaffney was this day charged before Justice of the Peace within mentioned, for that he, the said Walter Gaffney, on the 24th day of March 1868 at Narraburra, did commit the abominable crime of buggery upon the person of Patrick Ringwood, if therefore they the said Joseph Chapman, Patrick Ringwood and William Lehane shall appear at the next Circuit Court to be holden at Goulburn in and for the Colony of New South Wales, on Monday the fifth day of October 1868 and there give such evidence as they knoweth upon an information to be then and there preferred against the said Walter Gaffney for the offence aforesaid, to the jurors who shall pass upon the trial of the said Walter Gaffney then the said Recognizance to be void, or else to stand in full force and virtue.

~ ~ ~ ~ ~

(B.)

Warrant to Apprehend a Person Charged with an Indictable Offence.

To The Chief Constable of Patrick Brennan, Sub-Inspector of Police at Yass, in the Colony of New South Wales, and to all other peace officers in the said Colony whereas Walter Gaffney of Narrabora in the said Colony, shepherd hath this day been charge upon oath before the undersigned, one of Her Majesty's Justices of the Peace in and for the said Colony of New South Wales for that he on the 19th day of March 1868 at Narrabora in the said Colony, did commit the abominable crime of buggery upon the person of Patrick Ringwood of Narrabora.

These are therefore to command you, in Her Majesty's name forthwith to apprehend the said Walter Gaffney and to bring him before me or some other of Her Majesty's Justices of the Peace in and for the said Colony to answer unto the said charge, and to be further dealt with according to law.

Given under my hand and seal this 31st day of March, in the year of Our Lord one thousand eight hundred and sixty eight at Yass, in the Colony aforesaid.
[Signed] S Campbell, JP.

    Walter Gaffney, is a shepherd in the employ of Jeremiah Lehane, at Narrabora Levels, is about 5' 8" or 9" high, dark complexion, hair getting grey, uneven teeth, has a blackish beard under the chin, no moustache, or beard about the chin, is about fifty years of age.

~ ~ ~ ~ ~

[On the depositions' cover sheet is the following]

15th April 1868
No. 311
Depositions
No. 6
Regina
v.
Walter Gaffney
Sodomy
Next Goulburn Circuit Court
[Initial illegible] AG
21st August 1868
Sodomy
Yass

~ ~ ~ ~ ~

Justice JF Hargrave's Notebook 6

12

[Goulburn, Monday 5 October 1868]

Walter Gaffney — Sodomy — 24th March 1868 at Narraburra on Patrick Ringwood.
Isaacs.

    Joseph Chapman. Senior Constable at Jugiong. Apprehended prisoner on receiving information. On arresting him I told him the charge — he said, What does that mean?

    Patrick Ringwood. A shepherd at Buckland in (?) — prisoner in same employ but not this last time was then. (Cop ?) occupied same hut & had place — every night while I was there — he put his arms around — piles he said — put the oil bottle to my self & he would cure — he took me by the neck 24th or 25th March — that was the last time — then took me & kissed me I said more than any woman — that he stripped me & choked me. He got his (private ?) between my legs. He sharpened his knife & laid it by my side. He tried to get into my carcase. He did get into my person — I swear he did put his private parts into my body. I told Mr Lehane

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This was 2 or three months before I ran away — he went for a fire shovel to kill me. I am 72 years old next St Patrick's day. I never consented to. I always refused to do as he did. He ordered me. Mr Lehane sent for me. I gave him an (order ?) for 30/- I went away same night to Mr Brennan. 2 (days ?) another offence.

    Davis cross-examines. This was on 24th or 25th — By night not what time. Had been out shepherding that day, returned home about sundown — not very long after — about a quarter of an hour both had supper together. I had a glass of rum — a British glass — no more. I brought bottle home from 2 miles from hut after I had brought in sheep. Prisoner drank some can't say (?) at Marsh's I had the glass of rum. I gave prisoner the bottle. It was full — can't say how far from head station. He choked me & chopped me & dragged me out of (?) this was before he did this. He took the skin of all my side off. He ran for the fire shovel & spade. I got out of back of sheep yard — then I returned nothing but (linen ?) — & had my clothes ready to leave when he struck me with the bark & he swore so at me & I got into bed again.

14

9 
1. The Crime itself:–

2. Those crimes (missing ?) (?) But yet always confirmed by some corroboration.dismiss the consequence (?) on evidence alone
( capital
( too hard
( how (?)
for/for crown/(old writing ?)/(?) (?)
for p./prisoner/drink/perjury
sentence of death recorded

(?): 846
verdict not guilty
behaviour — weak — impossible to do so if to hold him
returned into hut after the offence & another threat of life
only 2 miles to Marsh's & Mr Lehane's Davis
(?) very peculiar to such an offence
threat of life &c &c
1. The direct evidence of one witness served at Cockatoo &c {no wounds marks (on individual ?) hinted at repeated offences before
prisoner said – what is that
The other hypothesis is that the charge is revenge for (?) p. 75 Taylor & such my theory. <<

up to that time on that night he had not been in my body. I went into bed again. As soon as he turned into bed — then between my legs as a woman. That is all that took place that night.
Have served a sentence in gaol — have heard the name of the German jockey — undeserved — often in Cockatoo on duty military. Have served a sentence at Cockatoo. (Man ?)

    Re-examined. He got into my body before I got out of bed — He was lying behind me. He (only ?) was in (my ?) once — I rushed out of bed after he had (slipt (crept into my body — He was handling me about for a few minutes. He had both hands around me (? ?) rubbing me everywhere.

    Davis for prisoner. Guide you to a verdict.
(AG ?) in reply — what motive for perjury in witness. Why not take him up for the assault.

~ ~ ~ ~ ~

The Goulburn Herald and Chronicle, Wed 7 Oct 1868 10

TELEGRAPHIC INTELLIGENCE
(From our Correspondence.)

Sydney, Tuesday night.

THE GOVERNOR opened the Wollongong dock to-day.
    Mr Parkes addresses his constituents at Jamberoo on Saturday.
    The statement respecting Mr Martin stopping the volunteers' testimonial to Mr Parkes has been partially contradicted.

————————————
GOULBURN CIRCUIT COURT.

    This court opened on Monday, before his Honor Mr Justice Hargrave.

    The Solicitor-General prosecuted on behalf of the crown, assisted by Mr Jackson from the crown-solicitor's office. The barristers present were Messrs GM Stephen, Rogers, Campbell, and Davis; attorneys, Messrs Walsh, Betts, and Gannon. Mr Harold Maclean, the sheriff, was present, and Mr Gordon performed the duties of clerk of arraigns.

    The proclamation against vice and immorality was read by the clerk.
...

UNNATURAL OFFENCE AT THE LEVELS.

    Walter Gaffney was charged with having, on the 24th March last, at Narraburra, committed an offence against nature upon Patrick Ringwood.

    Prisoner pleaded not guilty, and was defended by Mr Davis, instructed by Mr Gannon.

    The Solicitor-General stated the case to the jury, and called

    Joseph Chapman, who deposed: I am senior-constable at Jugiong; when I arrested the prisoner I told him the charge and he asked, "what does that mean?"

    Patrick Ringwood deposed: I am a shepherd and live at Narraburra; I know the prisoner; he and I were living at Lehane's in the same hut at the time the offence was committed; we slept in the same bed; he repeated the offence on several occasions; when I realised he nearly choked me and beat me with a piece of bark; he threatened to kill me; I told Mr Lehane junr. that I would not stop, as the prisoner was in the habit of ill treating me; I shall be seventy-two years of age next St Patrick's day; two days after the offence was committed I went to Sub-inspector Brennan and gave information against the prisoner.

    To Mr Davis: I had been out shepherding on the day on which the offence was committed; I had some rum that night; I bought a bottle of rum after I put the sheep into the fold; prisoner had some of the rum; he beat me so seriously with a piece of bark that I did not know what was going on; after we had been in bed some time he got the spade to kill me; I ran out, and after some time I came back and found prisoner with all my things going to burn them; I have served a sentence in Cockatoo; I have been a soldier, and have often done duty on Cockatoo.

    This closed the case for the prosecution.

    Mr Davis addressed the jury for the defence, setting forth that the evidence was entirely uncorroborated.
The Solicitor-General replied. After combating [sic] the arguments of the counsel for the prisoner, he said that all, from his Honor on the bench down to the constable who was compelled to remain in the court, must regret the necessity that existed for their being present during the hearing of a case of such a nature. There was no necessity for so many persons voluntarily remaining in court, some actually making it matter for laughter and jest. One would think it was the gallery of a shilling theatre rather than a tribunal of justice.

    His Honor having summed up, the jury retired, and after an absence of half an hour returned into court with a verdict of not guilty.

    The prisoner was then discharged.
    The court adjourned at a quarter past six until ten next morning.

~ ~ ~ ~ ~

Empire, Thu 8 October 1868 11

GOULBURN CIRCUIT COURT.
MONDAY, 5th OCTOBER.

    This Court opened on Monday, before his Honor Mr Justice Hargrave. The Solicitor General prosecuted on behalf of the Crown.
...
    Walter Gaffney was charged with the commission of an unnatural offence at Narraburra, upon Patrick Ringwood. A verdict of not guilty was returned.

~ ~ ~ ~ ~

The Yass Courier and General Advertiser, Fri 9 Oct 1868 12

GOULBURN CIRCUIT COURT.

    Our telegram of the proceedings at this court on Monday last [5 October 1868] was received at too late an hour to be made use of in our issue of Tuesday. We abridge the following from the Goulburn Herald:—

Before his Honor Mr Justice Hargrave.

...

UNNATURAL OFFENCE AT THE LEVELS.

    Walter Gaffney was charged with having, on the 24th March last, at Narraburra, committed an offence of the above character. Acquitted.

~ ~ ~ ~ ~

Queanbeyan Age, Sat 10 Oct 1868 13

GOULBURN CIRCUIT COURT.

THIS court opened on Monday, before his Honor Mr Justice Hargrave.

    The Solicitor-General prosecuted on behalf of the crown, assisted by Mr Jackson from the crown-solicitor's office. The barristers present were Messrs GM Stephen, Rogers, Campbell, and Davis; attorneys, Messrs Walsh, Betts, and Gannon. Mr Harold Maclean, the sheriff, was present, and Mr Gordon performed the duties of the clerk of arraigns.

    The proclamation against vice and immorality was read by the clerk.
...

UNNATURAL OFFENCE AT THE LEVELS.

    Walter Gaffney was charged with having, on the 24th March last, at Narraburra, committed an offence against nature upon Patrick Ringwood.

    Prisoner pleaded not guilty, and was defended by Mr Davis, instructed by Mr Gannon.

    The Solicitor-General stated the case to the jury, and called.

    Joseph Chapman, who deposed: I am senior-constable at Jugiong; when I arrested the prisoner I told him the charge and he asked, "what does that mean?"

    Patrick Ringwood deposed: I am a shepherd and live at Narraburra; I know the prisoner; he and I were living at Lehane's in the same hut at the time the offence was committed; we slept in the same bed; he repeated the offence on several occasions; when I resisted he nearly choked me and beat me with a piece of bark; he threatened to kill me; I told Mr Lehane junr that I would not stop, as the prisoner was in the habit of ill-treating me; I shall be seventy-two years of age next St Patrick's day; two days after the offence was committed I went to Sub-inspector Brennan and gave information against the prisoner.

    To Mr Davis: I had been out shepherding on the on which the offence was committed; I had some rum that night; I bought a bottle of rum after I put the sheep into the fold; prisoner had some of the rum; he beat me so seriously with a piece of bark that I did not know what was going on; after we had been in bed some time he got a spade to kill me; I ran out, and after some time I came back and found prisoner with all my things going to burn them; I have served a sentence in Cockatoo; I have been a soldier, and have often done duty on Cockatoo.

    This closed the case for the prosecution.

    Mr Davis addressed the jury for the defence, setting forth that the evidence was entirely uncorroborated.
The Solicitor-General replied. After combatting the arguments of the counsel for the prisoner, he that all, from his Honor on the bench down to the constable who was compelled to remain in the court, must regret the necessity that existed for their being present during the hearing of the case of such a nature. There was no necessity for so many persons voluntarily remaining in court, some actually making it matter for laughter and jest. One would think it was the gallery of a shilling theatre rather than a tribunal of justice.

    His Honor having summed up, the jury retired, and after an absence of half an hour returned into court with a verdict of not guilty.

    The prisoner was then discharged.
    The court adjourned at a quarter past six until ten next morning.

 


1  The Yass Courier and General Advertiser, Sat 4 Apr 1868, p. 2. Emphasis added.

2  The Yass Courier and General Advertiser, Sat 11 Apr 1868, p. 2.

3  The Yass Courier and General Advertiser, Sat 18 Apr 1868, p. 2.

4  SRNSW: NRS880, [9/6513], Supreme Court, Papers and depositions, Goulburn, 1868, No. 311. Emphasis added.

5  Mn: Patrick Ringwood, 58 yrs of age in 1867 [sic–1857], 5' 82" high, ruddy complexion, light brown hair, grey eyes, angular scar centre of forehead, scar under corner right-eye brow, scar on throat under chin, left side, scar right side of throat, large scar inside upper right arm, arms freckled, marks of scrofula right shin, lost front tooth centre of upper jaw, nail of third finger of left hand disfigured. Native of the county Kilkenny, R. Catholic, labourer and late soldier in the 11th Regiment.

6  SRNSW: NRS6034, [2/4483], Judiciary, JF Hargrave, J. Notebooks Circuit Courts, 1865-81, pp. 12-5. Emphasis added.

7  According to transcript of Depositions, though here looks more like Lamb or Laub.

8  Continued following next section, beginning "up to that time".

9  Section between >> and << appears to be marginal notes by the judge, almost unintelligible much of the time.

10 The Goulburn Herald and Chronicle, Wed 7 Oct 1868, p. 2. Emphasis added.

11 Empire, Thu 8 Oct 1868, p. 3.

12 The Yass Courier and General Advertiser, Fri 9 Oct 1868, p. 2.

13 Queanbeyan Age, Sat 10 Oct 1868, p. 1. Emphasis added.