Court of Criminal Procedures, Precept, 22 Feb 1822 1
By His Excellency Sir Thomas Brisbane KCB
Captain General and Governor in Chief in and over His
Majesty’s Territory of New South Wales and its
Dependencies
Whereas by an Act passed in the twenty seventh year of his late Majesty’s reign entitled “An Act to enable His Majesty to establish a Court of Criminal Jurisdiction on the Eastern Coast of New South Wales and the parts adjacent.” It is Enacted that His Majesty may by His Commission under the Great Seal authorise the persons to be appointed Governor or Lieutenant Governor in the absence of the Governor of this Territory to convene from time to time as occasion may require a Court of Judicature for the trial and punishment of all such Outrages and Misbehaviours as if committed within the Realm would be deemed and taken according to the law of the Realm to be Treason or Imprison there of Felony or Misdemeanor which Court should concist[sic] of the Judge Advocate to be appointed in and for such place together with Six Officers of His Majesty’s Forces by Sea or Land By Virtue of the Power and Authority vested in me as Governor of the said Territory I do hereby order Direct and appoint that a Court of Criminal Jurisdiction be convened at the Court Room Sydney on the twenty fifth Day of February at 10 o’clock in the forenoon and that the said Court shall consist
of
The Judge Advocate of the Territory
| G[eorge] Mackay Capt 48th Reg | |
| P[atrick] MacDougall Capt 48th Reg | Officers of |
| J[ohn Bolingbroke] Brooke Capt 48th Reg | His Majesty's |
| C[harles] Campbell Lieut 48th Reg | Forces |
| C[arles] H[arry] Roberts Ensign 48th Reg | |
| E[dward] King Ensign 48th Reg |
which said Court so constituted and appointed shall and is hereby required duly to proceed to by and adjudge according to and in pursuance of the powers created and given by said Act, all such Offenders as shall be respectively brought before the said Court on Charges reduced into Writing and Exhibited by the said Judge Advocate, In respect whereof this shall be a sufficient Warrant and Authority.
Given under my Hand and Seal at Government House
Sydney this twenty third Day of February 1822
[Signed, Governor] T [Thomas] Brisbane
To the Provost Marshall
of the Territory to
summon and (?)
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Depositions for Edward Bedford 6 Mar 1822 2
176
The King v. Edward Bedford
Fully committed for Bestiality
Witness: Patrick MacDade
177
Before D [‘Arcy] Wentworth
1 February 1822
New S. Wales
TO WIT }
Patrick Macdade Corporal in the 48th Regiment this day came before me D Wentworth Esq. Superintendent of Police and deposed on Oath that on Tuesday last the 29th of January [1822] Edward Bedford a Private in the said 48th Regiment came home to the Regimental Garden about the hour of 6 in the evening with the horse and cart which he had out at work that day and that he brought some (bran ?) into the room of this Deponent and on going out took the horse from the cart and put it into the stable; that Deponent was induced to go into the stable to see if the horse had been put out to graze; that Deponent found the stable door fastened on the outside & that on opening the door behind where the horse stood that the said Edward Bedford stood
178
on one of the rails that divide the horses from each other which raised him to the proper height of the horse; that the lap of his trowsers [sic] was down and his shirt up over the horse’s hind quarters and that he stood in that position with the horse’s tail in his left hand and that from the view Deponent had of the said Bedford and the said horse this Deponent is convinced that the said Bedford at that time was in carnal connexion [sic] withthe said horse – and Deponent saith that on accusing the said Bedford with the said Act of Bestiality he confessed the same and expressed his hope that Deponent would take no further notice of it; and Deponent saith that he did not report this matter until 12 o’clock the next day when he took the Prisoner to the Adjutant and stated the circumstances.
[Signed] PM McDade cpl. 48th
Sworn before me the first day of February 1822
[Signed] D Wentworth
Supt. of Police
Committed for Trial at the Criminal Court
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[On the reverse of the above (176-8) is the following]
[179]
23
The King against Edward Bedford
Private 28th Reg [Regiment]
To be exhibited
[Signed] John Wylde [Judge Advocate]
Deposition taken and sworn the 1st of February 1822
180
New South Wales
TO WIT }
Be it Remembered that John Wylde Esquire the Judge Advocate of our Sovereign Lord the King for theTerritory of New South Wales and its dependencies who for our said Lord the King exhibits the Charge in this behalf comes into the Court of Criminal Jurisdiction convened at Sydney in the said Territory by precept [seeabove] issued under the Hand and Seal of His Excellency Sir Thomas Brisbane KCB dated the twenty third day of February in the year of our Lord one thousand eight hundred and twenty two and having power to enquire of and to hear and determine and punish all Treasons Murders Felonies Trespasses and other crimes whatsoever committed within the said Territory or its dependencies and for our said Lord the King Charges and gives the said Court to be informed That Edward Bedford late of Sydney in the Territory of New South Wales a private in His Majesty’s 48th Regiment on the twenty ninth day of January in the year of our Lord one thousand eighthundred and twenty two with force and arms at Sydney aforesaid in the Territory aforesaid in a certain Stable there with a certain Horse then and there being feloniously wickedly
181
diabolically and against the order of nature had a venereal affair and then and there feloniously wickedly diabolically and against the order of nature carnally knew the said Horse and then and there feloniously wickedly diabolically and against the order of nature with the said Horse did commit and perpetrate that detestable and abominable crime of Buggery (not to be named amongst Christians) against the forms of the Statute in that case made and provided and against the peace of our said Lord the King his Crown and Dignity.
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[On the reverse of the above (180-1) is the following]
[182]
23
The King v. Edward Bedford
Information
Witness: Patrick MacDade, Lt Wild Adj 48th Reg [Lieutenant and Adjutant John Wild, 48th Regiment;Superintendent of Government Stock]
4th Mar 1822 Prisoner charged and pleaded Not Guilty was afterwards Tried and Acquitted
[Signed] John Wylde [Judge Advocate]
183
New South Wales
TO WIT }
Be it Remembered That John Wylde Esquire the Judge Advocate of our Sovereign Lord the King for the Territory of New South Wales and its dependencies who for our said Lord the King exhibits the Charge in this behalf comes into the Court of Criminal Jurisdiction convened at Sydney in the said Territory by precept [see above] issued under the Hand and Seal of His Excellency Sir Thomas Brisbane KCB dated the twenty third day of February in the year of our Lord one thousand eight hundred and twenty two and having power to enquire of and to hear and determine and punish all Treasons Murders Felonies Trespasses and other crimes whatsoever committed within the said Territory or its dependencies and for our said Lord the King Charges and gives the said Court to be informed That Edward Bedford late of Sydney in the Territory of New South Wales a private in His Majesty’s 48th Regiment not having the fear of God before his Eyes but being moved and seduced by the instigation of the Devil on the twenty ninth day of January in the year of our Lord one thousand eight hundredand twenty two with force and arms at Sydney aforesaid in the Territory aforesaid
184
in and upon a certain Horse did make an assault with intent that most horrid detestable and sodomitical crime (among Christians not to be named) called Buggery with the said Horse against the order of nature there and then feloniously wickedly and devilishly to commit and do to the great displeasure of Almighty God and against the peace of our said Lord the King his Crown and Dignity.
~ ~ ~ ~ ~
[On the reverse of the above (183-4) is the following]
[185]
23
The King v. Edward Bedford
Information
Witness: Patrick MacDade, Adjut Wild
6th Mar 1822 Prisoner Charged plea Not Guilty was tried and adjudged Guilty
Sentenced to be Transported to such place as his Excellency the Governor shall desire for the term of 7 years
[Signed] John Wylde [Judge Advocate]
~ ~ ~ ~ ~
The Sydney Gazette and New South Wales Advertiser, Fri 8 Mar 1822 3
CRIMINAL COURT.–
Wednesday.– [6 March 1822] Edward Bedford, guilty of an infamous assault – 7 years transportation.
~ ~ ~ ~ ~
Edward Bedford Transportation Record, 20 Mar 1822 4
|
List of Prisoners Transported to Newcastle on board HMS Brig Elizabeth Henrietta with their respective Sentences annexed thereto, and also their original Places and Times of Trial and Sentences (Extracted ?) from the Deed Rolls or Indents of the respective Ships or Vessels by which they arrived in the Colony, Sydney 20 Mar1822 |
|||||||||
|
Name |
Convicted |
Sentence |
Trade |
Ship arrived by |
Original Places and Times of Trial and Sentences |
||||
|
By whom |
Where |
When |
Where |
When |
Sentence |
||||
|
Edward Bedford |
Criminal Court |
Sydney |
6th March 1822 |
Seven Years |
Labourers |
Soldier 48th Reg |
Came to the Colony as such |
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Note: Only the relevant data copied from the original. |
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~ ~ ~ ~ ~
Convicts employed by John L Platt, Hunter River, 4 Oct 1823 5
|
“List of Convict Servants, Off the Stores, in the service of Mr John L [Laurio] Platt, Free Settler, Iron Bark Hill, Hunter’s River. |
||
|
Name |
Ships |
From whence assigned |
|
Edward Bedford |
Soldier 48th Reg |
Newcastle |
|
I hereby Certify that the above named Prisoners, are assigned Servants, Off the Stores to Mr John L Platt, Free Settler, Iron Bark Hills. Newcastle 4th Day October 1823 [Signed, Major] JT [James Thomas] Morisset Commander” at Newcastle Convict Establishment. |
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Note: Only the relevant data copied from the original complete table. |
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1 SRNSW: NRS2701, [SZ808], Court of Criminal Jurisdiction, Precepts, 1816-24, R1984.
2 SRNSW: NRS2703, [SZ795], Court of Criminal Jurisdiction, Information, depositions and related papers, Feb-Mar 1822, pp. 176-85, R1976. Emphasis added.
3 The Sydney Gazette and New South Wales Advertiser, Fri 8 Mar 1822, p. 3.
4 SRNSW: NRS938, [4/3505], Col. Sec. Letters sent within the colony, 8 Mar-28 Jun 1822, p. 43, R6009.
5 SRNSW: NRS897, [4/1811], Col. Sec. Main series of letters received, Bundles 22-4, Newcastle, Jun-Dec 1824, p. 200, R6068.