Warning: count(): Parameter must be an array or an object that implements Countable in /nfs/c07/h03/mnt/178353/domains/unfitforpublication.org.au/html/plugins/system/gantry/gantry.php on line 406
1873, George Wilson - Unfit For Publication
Text Size

 

Depositions for George Wilson 24 Oct 1873 Bathurst trial 1

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

New South Wales, Dubbo,
TO WIT                             }

The examination of Thomas Wallings [aka Warren] of Dubbo, Sergeant of Police in the Colony of New South Wales, Walter H Tibbits of Dubbo, Surgeon, Thomas O’Neal [O’Neill] Smith of Dubbo Gaol, Frederick Herbert of Dubbo Gaol and Lawrence Byrne, acting Gaoler of Dubbo Gaol, in the said Colony, taken on oath, this 17th day of September in the Year of our Lord one thousand eight hundred and seventy three at Dubbo 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 George Wilson who is charged this day before me, for that he the said George Wilson, on the 11th day of September at Dubbo Gaol in the said Colony, unlawfully committed the offence of sodomy on the person of Thomas O’Neal Smith a boy in the Dubbo lockup.

1

Dubbo Gaol
17th September 1873

Before John Oxley Norton PM
George Wilson charged with Sodomy–

    Thomas Wallings on oath states. I am a sergeant of police at Dubbo. From information I received this day I charged the prisoner with having committed sodomy on the person of another prisoner named Thomas O’Neal Smith in the a cell in the Dubbo Lockup on the night of the 11th Instant. I cautioned the prisoner.

2

He said “All right.” I charged prisoner in presence of Smith.

    Prisoner declines to cross-examine witnesses. –

[Signed] T Wallings.

Sworn before me 17th September 1873.
[Signed] JO Norton PM.

    Thomas O’Neal Smith on oath states –

    I am a prisoner confined in the Dubbo Gaol –

    I know prisoner Wilson now charged with sodomy –

    On Thursday night last I was in a cell in the Gaol with prisoner and another prisoner named Frederick Herbert –
    Prisoner, Herbert and

3

myself were in the same bed. We were put into the cell at 5 pm. We went to bed about 6 pm. I slept between prisoner and Herbert. I went to sleep with my trowsers on –

    I awoken during the night prisoner feeling me with his hand about the waist –

    He had his hand in the waistband of my trowsers –

    I went to sleep again –

    I awoke again afterwards and felt prisoner’s person in my body –

    His person was in my fundament –

    I sang out twice and commenced

4

crying –

    He asked me what was the matter.

    The other prisoner, Herbert said “Leave him alone he has got troubles of his own.” About ½ hour after that, having gone to sleep, I felt prisoner pulling my trowsers down, I said to him, “what are you doing” He gammoned 2 to be asleep. That was all that occurred that night.

    The night before last Prisoner Herbert and myself were sleeping separate – I felt someone pulling my trowsers down again. I said “What are you doing over here.” He said (grinned ?). I heard him going over

5

to his bed and said, “Wilson, I’ll tell Mr Byrne, (meaning the Gaoler) of you in the morning.”

    I found on his leaving me a pocket handkerchief, a comforter and a sugar bag, at the head of my bed. I know that these belonged to prisoner. I saw them in his possession on his going to bed the evening previous. That evening I asked Byrne to shift me out of that cell. He asked me what for. I said “Wilson is a sod, and won’t let me sleep.”

    When the offence was committed I was lying on my side with my face to Herbert and my back to prisoner. On the

6

morning after prisoner come over to where I was sleeping and took away the handkerchief, comforter and sugar bag I found at the head of my bed.

    By Bench: The handkerchief produced prisoner used, the comforter was provided prisoner has on his neck (produced) and the sugar bag is the same as that in prisoner’s possession on Thursday night before last.

    When prisoner was in my person, I felt hurt. I put my hand down and felt something like slime. When I put my hand down prisoner turned round quick from me.

7

    When I felt prisoner’s person in me I felt one of his hands on my thigh. After the offence was committed I pulled my trowsers on again, buttoned them & put them under my belt. The first time I went to the closet after the offence was committed I felt hurt a little.

    I could distinguish his person from his finger as it was longer than his finger.

    I known where both prisoners lay and have no doubt it was the prisoner.

    Prisoner declines to x examine witness.

[Signed] Thomas (his X mark) O’Neal Smith.

Sworn before me 17th September 1873.
[Signed] JO Norton PM.

8

    Frederick Herbert on oath states. I am a prisoner in the Dubbo Gaol. I know prisoner and the boy Smith. They were both in the same cell with me. The first night we were put into the same cell together we were slept together. We laid the bed clothes across the end of the cell. We slept side by side. I slept outside, I believe the boy Smith slept in the middle and prisoner against the wall. We went to bed about half an hour after

9

sundown. We talked a while until about 10 o’clock. I awoke in the night by having Smith crying. I said “Don’t cry my lad you’ll get over this, we’re all in trouble.” I do not remember anything that was said then. On following morning Smith said to me after going out of the cell. “I will shift my bed.” We shifted our beds on that night, sleeping separately. During that night I heard Smith speaking angrily to prisoner. He said “Do you take me for a whore.” We I had been asleep. It was this conversation which woke me.

    Smith said to me “Fred, this bloody old

10

possum is trying to get about me. I will tell Mr Byrne (the gaoler) in the morning.”

    Prisoner declines to x examine witness.

[Signed] Fred Herbert.

Sworn before me 17th September 1873.
[Signed] JO Norton PM.

    Lawrence Byrne on oath states. I am acting Gaoler at the Dubbo Gaol.

    Yesterday evening about 5 pm the prisoner Smith, a confinee in the Gaol, asked me to remove him from the cell in which he had been sleeping. I said “Why.” He said “Because Wilson (prisoner) is a sod.” He said no more then. I

11

removed him to another cell. This morning I asked him “What did Wilson do.” He said “On two nights Wilson meddled with me, and on one occasion pulled my shirt over my back. This was on the first night, and on the second night that Wilson meddled with me again. I reported this to Sergeant Wallings. On Thursday night was the first night Smith, the prisoner and a man named Herbert (previous witness) were put together in a cell. They have since been in the same cell together until last night,

12

when I placed Smith into another cell from what he told me.

    Prisoner declines to x examine witness.

[Signed] L Byrne.

Sworn before me 17th September 1873.
[Signed] JO Norton PM.

    Walter Hugh Tibbits on oath states. I am a legally qualified medical practitioner at Dubbo. At the request of the Sub Inspector of Police I visited a prisoner named Smith, a confinee in the Gaol. I examined him and found no external marks of

13

violence upon him – about the nates 3 and then examined the rectum. I found inside a small pile which appeared in an irritable state. There was a slight discharge on the pile. I saw no other marks. The rectum did not appear very cleanly. Any marks which would occur from the penetration of a man’s person would leave no trace a week afterwards – unless some injury had been inflicted from violence. Penetration would create in the boy so much pain that he would be

14

likely to call out, & sufficient to wake him out of his sleep.

    Prisoner declines to x examine witness.

[Signed] Walter H Tibbits.

Sworn before me 17th September 1873.
[Signed] JO Norton PM.

~ ~ ~ ~ ~

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

New South Wales, Dubbo,
TO WIT.                         }
George Wilson stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 17th day of September in the Year of our Lord one thousand eight hundred and seventy three for that he, the said George Wilson on the 11th day of September at Dubbo Gaol, in the said Colony, did commit upon the person of one James O’Neal Smith the offence of sodomy 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 George Wilson and the witnesses for the prosecution Thomas Wallings, James O’Neal Smith, Frederick Herbert, Lawrence Byrne, Walter Tibbits being severally examined in his presence, the said George Wilson is 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 George Wilson says as follows:– “I have nothing to say.” Taken before me at Dubbo in the said Colony, the day and year first abovementioned.

[Signed] JO Norton PM, JP.

~ ~ ~ ~ ~

17th September 1873

JO Norton PM,
Police Office Dubbo

    George Wilson you are hereby committed to take your trial at the next Court of Assize to be holden at Bathurst on the 24th of October next when an indictment will be preferred against you for the offence with which you now stand charged.

[Signed] JO Norton, PM.

~ ~ ~ ~ ~

(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.

New South Wales, Dubbo,
TO WIT.                             }

Be it remembered, that on the 17th day of September in the Year of our Lord one thousand eight hundred and seventy three Thomas Wallings a Sergeant of the Police Force, Dubbo, Walter Tibbits of Dubbo, Surgeon in the Colony of New South Wales, Thomas O’Neal Smith of Dubbo in the said Colony, Frederick Erbert of Dubbo Gaol and Lawrence Byrne of Dubbo in the said Colony, Gaoler, personally came before the undersigned, one of Her Majesty’s Justices of the Peace for the Colony of New South Wales, and acknowledged themselves to owe our Sovereign Lady the Queen the sum of forty pounds each, of good and lawful money of Great Britain, to be made and levied on their goods and chattels, lands and tenements, to the use of our said Lady the Queen, her Heirs and Successors, if they the said before mentioned persons shall fail in the condition endorsed.

Taken and acknowledged, the day and year first abovementioned, at Dubbo in the said Colony, before me JO Norton, PM, JP.

The condition of the within written recognizance is such, that whereas George Wilson was this day charged before JO Norton, Esquire, PM, one of Her Majesty’s Justices of the Peace for the said Colony, with sodomy. If therefore they the before mentioned persons shall appear at the next Circuit Court of Assizes to be holden at Bathurst, in and for the Colony of New South Wales, on the 24th day of October next at the nine of the clock in the forenoon, and then and there give such evidence as they know, upon an information to be then and there preferred against the said George Wilson for the offence aforesaid, to the jurors who shall pass upon the trial of the said George Wilson then the said recognizance to be void, or else to stand in full force and virtue.

[Signed] JO Norton, PM, JP.

~ ~ ~ ~ ~

Memo, 748

Luke M’Guinn JP, CPS
Dubbo, 22/9/73

Edward Butler, Attorney General

Regina v. George Wilson
“Sodomy”

    George Wilson is serving a sentence of three months for an offence of Larceny, which will expire on 31st of October 1873.

    Frederick Herbert a witness in the Case of Sodomy, is a prisoner Committed for Trial to the next Quarter Sessions at Dubbo on 20th November [1873] next.

    Thomas O’Neal Smith un-prosecuted in the Case of “Sodomy” is a prisoner under remand to Bathurst for absenting himself from his indented apprenticeship.

[Signed] L M’Guinn JP.

~ ~ ~ ~ ~

[On the depositions’s cover sheet of the above is the following]

(17th ?) September 1873
No. 748
No. 14
Depositions.
Regina v. George Wilson
Sodomy
CC Bathurst
24 Oct
Sodomy
[Initialled] EB [Edward Butler, Attorney General]
26/9/73
Dubbo

~ ~ ~ ~ ~

Justice JF Hargrave’s Notebook 4

27

[Bathurst, 24 October 1873]
Queen v George Wilson

On 11th October/1873    Sodomy
At Dubbo Gaol }  Thomas O’Neal Smith

 

Buchanan for prisoner

    1.  Sergeant [Thomas] Warren Dubbo.  Charged him on 17th September with the crime in the gaol yard – on the night of 11th September. I cautioned him & he said “all right”.

    2.  Thomas O’Neal Smith.  In Dubbo Gaol September last – between 17 & 18 years old. Prisoner in same cell as me & a prisoner Herbert – all put in on 11th September, all slept same cell & same bed – boards & blankets on ground. H laid outside & me in middle & prisoner up against the wall. Put into cell at 5 o’clock. I did not undress. I had shirt trowsers & belt. Went to sleep about 10 o’clock. When I went to sleep I was on my back – I felt the prisoner before I went to sleep undo the (waist ?) belt. I was lying on my right side, Herbert was in front of me & prisoner at my back. I woke up (after ?) (1½ ?) & found his private parts in my stern, in the part examined by Doctor – I felt his person go into me, his penis, his private part. I turned over on my back. I shouted out – I laid on my back & began to cry. (I ?) said You know very well what’s the matter. Herbert said to prisoner “leave him alone he has trouble enough.” Trowsers up waist when I went to sleep – when I awoke I pulled up my trowsers & felt something like slime. Quite sure it was his private parts.

    I went to sleep about 10.30, was asleep about 1½ [hours] – I only shouted out, not any words – twice – I then commenced to cry. I laid on my back, not jump out of bed. I went to sleep again. I was not dreaming. My trowsers had a belt round my waist – my trowsers were taken from under my belt – not wake – a big pain (?) (?) I did not see his person at all. Did not wake till I felt his person inside me – no idea how far – but it was – Herbert heard me – no one outside. Nowhere else to sleep except on boards. Slept till morning. Herbert told him to let me alone. I did not tell Herbert then. I tapped Herbert with my hand, he said nothing. I did not tell Herbert then as I did not know him then. I told Herbert that W[ilson] was a sod & I was going to ask to be shifted. That is correct.

28

    3.  Frederick Herbert.  Was in Dubbo Gaol last month. Prisoner was in same cell with me & the boy Smith. Not the first (day ?) put together at 4 o’clock. We slept all together that night. I was dressed, don’t know about (others ?). I slept on outside, boy in middle & prisoner to the wall. Went to sleep about 9 o’clock. Very dark. I was on my right side with back to him. Woken by the boy crying. That woke me. Don’t know (when ?). I told the boy “we were all in trouble & he would get over it.” – I fell asleep. Next night we slept separate – not complain during first night – that was first night.

    4.  Constable [Lawrence] Byrne.  Charge of Dubbo Gaol in September – recollects the prisoner, boy Smith & H[erbert] Boy on 11th September, Wilson on 31st July previous – Herbert before 11th September – Boy put in cell with those two. About 5 o’clock put in cells. Shifted them when boy told me something 16th.

    5.  Dr [Walter Hugh] Tibbits.  DQMP [Duly Qualified Medical Practitioner]. Examined boy Smith on about 17th September. The rectum. Observed no marks of violence, time for marks to disappear after a week unless very violent. Penetration would waken. Very difficult operation I should think without waking the boy – great (prepare ?) (& ?) pain. Would waken any one – very improbable – generally use oil as to finger – not in a good position on side, highly improbable. If it was in him would wake him (reading notes) – That is very improbable.

    Boy [Smith] recalled.  Next morning I shifted my bed. I told the Gaoler after prisoner came next night. I slept by myself the next night. I told the Gaoler 5 nights after, saw him every day.

1.  Sergeant Warren
2.  Thomas O’Neill Smith 
3.  Frederick Herbert
4.  Constable Byrne
5.  Dr Tibbits as rape evidence.

(a)  No complaint to gaoler in five days.
(b)  – (complaint ?) but (countered ?) by Dr T.
(c)  Herbert says did not complain.
(d)  turned out to sleep.
(e)  (?) of the attempt.

B.  [boy] – 17 years old – a dream – nightmare in (?) minutes (?)

Verdict of “not guilty” 

~ ~ ~ ~ ~

Press clipping, c. Oct 1873 5

UNNATURAL OFFENCE.

    George Wilson was indicted for an unnatural offence, alleged to have been committed in Dubbo gaol on September 11, 1873.

    Verdict– not guilty.

~ ~ ~ ~ ~

Press clipping, c. Oct 1873 6

BATHURST CIRCUIT COURT
FRIDAY, OCTOBER 24.

    His Honor Mr Justice Hargrave took to his seat on the Bench shortly after 9.30 am.

    The Bar was represented by Messrs David (Crown Prosecutor), Buchanan, and Pilcher.

    The Judge’s Associate, having read the Royal Proclamation against vice, proceeded to call over the names of those summoned to serve on the juries.

    George Lowrie, arraigned last assize, was placed in the dock, and pleaded inability, from want of means, to provide counsel for his defence. His Honor promised to assign counsel.

    Thomas Taylor, arraigned last assize, pleaded inability, from want of funds, to procure counsel for his defence. His Honor promised to assign counsel in his case also.

    Augustus Müller was indicted for rape. Pleaded not guilty.

    George Wilson was indicted for an abominable offence. Pleaded not guilty. 

    Jacky, an aboriginal, indicted for the murder of Howell and Pullbrook, at Forbes, pleaded not guilty Counsel– Mr Buchanan.

    Henry Vincent Jarvis, indicted for the murder of James Muggridge, pleaded not guilty.

    Patrick Moran, indicted for the attempted murder of Rose Moran, and in a second count charged with malicious wounding with intent to do her grievous bodily harm, pleaded not guilty.

    Thomas Jennings, indicted for an attempt to kill and murder one Samuel Reeves, and in a second account charged with wounding with intent to do him grievous bodily harm, pleaded not guilty. Counsel– Mr Buchanan.

    William Seymour, indicted for feloniously stealing, &c., pleaded guilty. Remanded for sentence.

    John Coppock (on bail) indicted for manslaughter, pleaded not guilty. Defended by Mr Pilcher.

~ ~ ~ ~ ~

The Sydney Morning Herald, Tue 28 Oct 1873 7

TELEGRAPHIC MESSAGES
AUSTRALIAN ASSOCIATED PRESS TELEGRAMS.
BATHURST

MONDAY. [27 October 1873]


    George Wilson, tried for committing an offence in Dubbo gaol, was acquitted; 

~ ~ ~ ~ ~

The Sydney Mail and NSW Advertiser, Sat 1 Nov 1873 8

LOCAL AND INTERCOLONIAL
TELEGRAMS.
AUSTRALIAN ASSOCIATED PRESS TELEGRAMS.

Bathurst

MONDAY.


    George Wilson, tried for committing an offence in Dubbo gaol, was acquitted;

 


1  SRNSW: NRS880, [9/6565] , Supreme Court, Papers and depositions, Bathurst, Oct 1873. Emphasis added.

2  ‘Gammon’ is an archaic English expression meaning ‘feign’, ‘deceive’ or ‘pretend’.

3  ‘Nates’ is an archaic English medical term for ‘buttocks’.

4  SRNSW: NRS6034, [2/4495], Judiciary, JF Hargrave, J. Notebooks Circuit Courts, 1865-81, pp. 27-8. Emphasis added.

5  This press clipping was found in Judge Hargrave’s notebook.

6  ibid.  Emphasis added.

7  The Sydney Morning Herald, Tue 28 Oct 1873, p. 5.

8  The Sydney Mail and NSW Advertiser, Sat 1 Nov 1873, p. 570.