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1872, William Burdett - Unfit For Publication
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Below also see: William Burdett, 1878

 

Empire, Fri 29 Dec 1871 1

CENTRAL POLICE COURT.
THURSDAY.
———
(Before Messrs Thompson, Penfold, Macintosh, and
Westley.)

(Before Mr Love.)

    Adolphus Burnett [aka William Burdett] was charged with having received stolen property from one Robert Moody. Sergeant Nicholas Larkins on oath stated: About 10 o’clock last night I arrested prisoner in Druitt-street, Sydney. From information I received, I charged him at the Central Police station with having received L4 3s 4d, from Robert Moody, which he (prisoner) knew to have been stolen from St Andrew’s Cathedral by Robert Moody. In answer to the charge, the prisoner said that he did not know it was stolen—that he had received some money from Moody, but that he had given it back again. I searched him and found a new silver watch, which he told me he had bought at Forrester’s, George-street, more than a month ago.

    Robert Moody, an intelligent, respectable-looking boy, of about nine years, deposed: I know prisoner over one year. I live with my mother, and prisoner boards at our place. I pleaded guilty to stealing L4 3s 4d from St Andrew’s Cathedral, on Monday, the 18th instant, and was fined L2. In the evening I took the money from the vestry. It was in one package, in a drawer. Prisoner told me to go to the first cupboard and I should find some money there, which I found and took. Prisoner told me he would give half the money, he was watching for me outside the gate, in Bathurst-street. I gave him the whole of the money. I saw him afterwards at the School of Arts. He gave me nothing then; but the next day he gave me 2s. I do not know how much money there was in the paper. I looked in the paper before I brought it to the prisoner, and saw it was all silver, but no gold. He told me not to tell anyone.

    By prisoner: You told me on Sunday that the money was in the cupboard. I never went into the vestry before my life. I never knocked at a tin box there, or heard money rattle in it, and said “I wish I could get this money out of the box.” I never told anyone that it was my uncle who gave me the money, and that you had nothing to do with it. I did not mention to my mother that there was some money in a paper, and the money tumbled out. After hearing other evidence, his worship committed the prisoner for trial at the Court of Quarter Sessions, to be held at Sydney, on the 26th February next.

~ ~ ~ ~ ~

The Sydney Morning Herald, Fri 29 Dec 1871 2

CENTRAL POLICE COURT.
THURSDAY.

BEFORE Messrs Love, Thompson, Penfold, Smithers, Kettle, Macintosh, Westley (of Victoria), and Meares.

    Adolphus Burnett was charged with feloniously receiving stolen property. On the 23rd instant, Robert Moody, a boy of about 12 years of age, pleaded guilty to having on the 18th, stolen the sum of £4 3s. 4d. From the vestry of St Andrews Cathedral. In this case he [Robert Moody] deposed that prisoner was a lodger in his father’s house, and told him to bring him the money from a drawer in the vestry, and he did so; prisoner sent him in for the money, and waited for him at the gate in Bathurst-street; on the following day prisoner gave him 2s.; the money was in a paper parcel, and consisted of silver only, but he cannot tell the amount. Edward Croker, verger of St Andrew’s Cathedral, deposed that he has charge of the money there; on Monday, 11th December, he left the sum of £4 3s. 4d. In a drawer, which money he missed on the 20th; prisoner has been employed as choir verger, and knew where the money was kept. Committed for trial at the Quarter Sessions.

~ ~ ~ ~ ~

Empire, Tue 5 Mar 1872 3

QUARTER SESSIONS.
MONDAY.
———
(Before his Honor Judge Simpson.)

STEALING.

    Adolphus Bernard [sic] was charged with stealing on the 18th December, 1871, at Sydney, the sum of £4 3s 4d, the property of one Edward Croker. A second count charged the prisoner with receiving the money, knowing it be stolen. Prisoner pleaded not guilty, and was defended by Mr R Driver. The case was that Edward Croker, as verger of St Andrew’s Cathedral, had received certain money for the purpose of making some payments. Part of this money was put away in a certain place in the Dean’s vestry, the prisoner at the time knowing of it. Prisoner then induced a boy named Moody, who was in the habit of blowing the organ, to go and steal this money and bring it to him. The next day he got the boy to go with a portion of the money to Forrester’s in George-street and purchase a watch. The matter became known, and the prisoner was apprehended. Sergeant Larkins, Robert Moody, Edward Croker, George Graham, and Henry Foster were examined. Prisoner was found guilty of receiving, and sentenced to two years’ hard labour in Darlinghurst gaol.

~ ~ ~ ~ ~

The Sydney Morning Herald, Tue 5 Mar 1872 4

COURT OF QUARTER SESSIONS.
MONDAY.

BEFORE Mr District Court Judge Simpson.
    Mr Foster prosecuted for the Crown.

LARCENY.

    Adolphus Burnett (a young man) was brought before the Court charged on an indictment of two counts, one of which was for stealing £4 3s. 4., described as the property of Mr Crocker; while the other was for receiving that sum of money knowing it to have been stolen. Prisoner, who pleaded not guilty to both counts, was defended by Mr R Driver.

    The circumstances connected with the case appeared to be as follows:—On the evening of the 18th of December last, it was found that a quantity of money (£4 3s. 4.), church collections, had been stolen from the vestry of St Andrew’s Cathedral, where it had been placed by Mr Crocker the verger of the Cathedral. Shortly after a boy named Robert Moody, 10 years of age (of respectable parents) who had been employed to blow the organ at the Cathedral was apprehended. He stated that he had taken the money at the instigation of Burnett, to whom he gave the money after taking it from the vestry. The boy was convicted of the offence at the Central Police Court, where he pleaded guilty, and said that he had given the money to Burnett. Prisoner Burnett, on being arrested by serjeant Larkins, on the 22nd of December last, admitted that he had received the money from the boy Moody, but stated that he gave it back to him again; he further stated to the constable that he did not know the money to have been stolen. A watch, believed to have been purchased by the boy Moody, was found in the possession of Burnett by Larkins, who stated that he had had the watch for several months. The case for the Crown was proved by sergeant LarkinsRobert MoodyGeorge Graham, and Mr Crocker  (the verger of the Cathedral).

    Verdict: Guilty of receiving the money, knowing it to have been stolen.

    The gaoler, being asked the question, said that he had not found any charges on the books against prisoner. Sergeant Larkins, however, stated that in the records of the Police Court there was a case similar to the present against prisoner, wherein he had escaped with a fine.

 


  

William Burdett, 1878 

 

The Sydney Morning Herald, Tue 9 Apr 1878 5

CENTRAL POLICE COURT.
MONDAY. [8 APRIL]

    BEFORE the Police Magistrate [William Crane], with Messrs Spence, Harris, Graham, Davies, Beaumont, Hunt, and Palmer.

    William Burdett [aka Adolphus Burnett] was committed to take his trial for an unnatural offence.

~ ~ ~ ~ ~

Depositions for William Burdett 16 May 1878 Sydney trial 6

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

Depositions of Witnesses

New South Wales, City of Sydney
TO WIT.                                    }
The examination of William Tindall (aka Tyndal), a Constable of the Police Force, Sydney in the Colony of New South Wales, and John Charles Dunlop of the said Force in the said Colony, a Constable, taken on oath this 8th day of April in the year of Our Lord one thousand eight hundred and seventy eight 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 Burdett who is charged this day before me for that he the said William Burdett   on the 7th day of April instant at Sydney in the said Colony, did with a man whose name is unknown,  feloniously, wickedly, and against the order of Nature commit and perpetrate that detestable and abominable crime of buggery. 

1

William Burdett, Sodomy

    Constable William [John] Tindall on oath states:–
    About half past 9 o’clock last night I was on duty on Hyde Park in this City with Constable Dunlop and I saw the prisoner there. He was lying on the grass with another man. The man had his trowsers down and was lying with his posterior towards prisoner and the prisoner undid his trowsers and lay

2

next the man and had hold of him and was moving backwards and forwards against his (the man’s) posterior as if he was having connection. I was inside an enclosure between the main avenue and Elizabeth Street, and had a good view. I directed Constable Dunlop to go to the Eastern gate and when I saw what prisoner did, I sang out to Dunlop; “Now run, rush, quick!” 

    The man then immediately got up, pulled his own trowsers up, and ran around into Elizabeth and Park Street, and

3

got away. I ran after the other man, but lost sight off of him, not being able to get out of a gate, which was locked fastened. I came back and saw the prisoner in Constable Dunlop’s custody.

    The prisoner’s trowsers were unbuttoned – I saw his person which was wet, as if spittle or water and soap were on it.

    I then took him to the Central Police Station, and charged him with committing the abominable crime of buggery upon a man whose name

4

was unknown.

    In reply, the prisoner said, “I did not do it.”

    I searched him and found £4-8-0, a watch, and a pair of spectacles on him.

    The whole of the time the prisoner was in the Station, he refused to give his name.

    By Mr Roberts: I was about 3 yards from the prisoner when I was watching. I was watching there for 5 minutes. They were not lying down when I first saw them. There were lamps litted on the main avenue.

5

I was not sufficiently near to see if there was any penetration. I am sure the man’s back was towards the prisoner and not his front. I never saw prisoner’s person at all and therefore couldn’t swear that it was exposed. The prisoner’s trousers were not down but unbuttoned.

    The prisoner and man were close together.

    I don’t know whether Dr Egan has attended prisoner for any complaint. I did examine prisoner to see if there could get were any erection.

    When prisoner denied the charge, I made no further 

6

statement.

[Signed] William John Tindall, Central Police Court Sydney, 8th April 1878.

Sworn before [Signed] John Davis,  JP.

7

    Constable John Charles Dunlop on Oath states:–
    About half past 9 o’clock last night, I with Constable Tindall went into an enclosure on Hyde Park, between Elizabeth Street and the main avenue.

  On the Eastern side of the enclosure I heard 2 men talking. I heard a voice say “Come on now”. I looked through the fence and I saw prisoner and another man. The man was taking down his own trousers, I saw the prisoner sitting on the ground. The

8

other man lay down on his right side and with his posterior towards prisoner, and prisoner lay alongside of the man, and put his hand on his shoulder and was moving his body apparently as if he was having connection with a woman. He was moving against the man. I got through a gate on the East side of the enclosure and Tindall said “Rush up quick and see what they’re doing” – I rushed over and saw them both together. The prisoner

9

had his left arm on the shoulder of the other man. His trousers were unbuttoned all the way down, and his person exposed and was erect and against the other man’s flesh. The other man’s trousers were down below his posterior.

    I made a rush to get the 2 of them taken. The man rushed up and pulled up his trousers and ran away.

    I then put my hand upon prisoner’s person, and felt it wet as if there was soap or fat upon it. It

10

was slippery. I wouldn’t let prisoner button his trousers until Constable Tindall saw him.

    About a couple of minutes after, Constable Tindall came back, after pursuing the other man and he took prisoner to the Police Station and in reply to the charge said he was doing nothing.

    By Mr Roberts: When the voice say “Come on now” the prisoner and the other man were standing about a minute or 2 after, I saw them on the ground.

    I can’t swear that there was any penetration

11

from my own personal observation, I can’t swear that the prisoner’s person touched the flesh of the other man. I did not say anything to prisoner after he denied the charge nor did Tindall to my knowledge.

    I am quite certain the other man hadn’t his front side to prisoner. They were on the ground between 5 and 6 minutes.

[Signed] John C Dunlop, Central Police Court, Sydney, 8th April 1878.

Sworn before [Signed] John Davis, JP.

~ ~ ~ ~ ~

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

Statement of the Accused.

New South Wales,
TO WIT.              }

William Burdett stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 8th day of April in the year of Our Lord one thousand eight hundred and seventy eight for that he, the said William Burdett on the 7th day of April instant at Sydney, in the said Colony, did with a man whose name is unknown, feloniously, wickedly and against the order of Nature, commit and perpetrate that detestable and abominable crime of buggery and the examinations of all the witnesses on the part of the prosecution have 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 or 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 William Burdett and the witnesses for the prosecution being severally examined in his presence, the said William Burdett 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 Burdett says as follows:– “Not guilty.” Taken before me at Sydney in the said Colony, the day and year first abovementioned.

[Signed] John Davis, JP.

    The prisoner is committed to take his trial at the next Court of Gaol Delivery.

    Bail allowed. Self in eighty pounds and 2 sureties in forty pounds and or one in eighty pounds. Central Police Court Sydney 8th April 1878.

[Signed] John Davis, JP.

~ ~ ~ ~ ~

(O. 1, 1 & 12 Vic., Cap. 42.)

Recognizance to give Evidence.

New South Wales,
TO WIT.               }
Be it remembered that on the 9th day of April in the year of Our Lord one thousand eight hundred and seventy eight William Tindall a Constable of the Police Force, John Charles Dunlop of the Police Force in the Colony of New South Wales Constable, 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 the said before mentioned persons shall fail in the condition endorsed.

[Signed] William J Tindall, John C Dunlop.

Taken and acknowledged, the day and year first abovementioned at Sydney in the said Colony, before me.
[Signed] William Crane, PM.

The condition of the within written Recognizance is such, that whereas William Burdett was this day charged before John Davis Esquire, 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 Court of Gaol Delivery to be holden at Darlinghurst in and for the Colony of New South Wales, on the 13th day of May next, at 9 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 William Burdett for the offence aforesaid, to the Jurors who shall pass upon the trial of the said William Burdett then the said Recognizance to be void, or else to stand in force and virtue.

[Signed] William Crane, PM.

~ ~ ~ ~ ~

[On the depositions’ cover is the following]

Central Criminal Court
Darlinghurst
May 13 1878
No. 163
Depositions.
Regina No. 5
William Burdett
Buggery
Committed at Central Police Court
on April 8th 1878

~ ~ ~ ~ ~

Attempt to commit sodomy

11/4/78
[Initialled] WJF [William John Foster] AG

~ ~ ~ ~ ~

Justice JF Hargrave’s Notebook 7

108-9

[Darlinghurst, Thursday May 16th 1878]

Queen v William Burdett.
Attempt at sodomy on 7th April at Sydney.

Buchanan for prisoner.

    1.  Constable [William John] Tindall. On duty in Hyde Park on 7th April with Constable Dunlop. Know prisoner. Saw him that night between 9 & 10. Starlight, lamps. Main avenue – heard a man say come on. I saw 2 men, prisoner & another man. The other man knelt down, uncovered posterior. The prisoner took the other man round waist moving to & fro. Dunlop arrested prisoner but other man ran. Prisoner’s trowsers undone – wet – to Police Station, charged him with (?) (?) – He refused to give his name.

    Cross-examined. I was about 3 yards off in uniform, both of us inside enclosure (with ?) (house ?) near Park Street. I was 3 yards off, bushes (stand ?) of plantation. Not moonlight. Saw what he was doing with the other person, a young man & (respectably ?) dressed. Can’t say I could identify him now. He ran away fast, not like a woman.

    R. [Recalled ?] He had his posterior to prisoner, not as a woman would. & man’s clothes on.

    2.  Constable [John Charles] Dunlop. On 7th April with Constable Tindall on duty. Saw prisoner in company with another man who ran away – the other man’s clothes down to knees, prisoner moved as if with (female ?), person erect (slime ?). (?) (?) other constable examined prisoner.

110-11

Saw his person & other man’s posterior naked. I took prisoner into custody. Refused to give his name. Would not know the other person. He held his trowsers in his hands. By all appearance (prisoner ?) cut shorttrowserscoat & hat.

    Buchanan. Proof of its being a “man”. Sex is the essence of the crime charged.

not (?) (?) to “person”. Too late (other ? on ?) all evidence actor & patient user.

    Roscoe p.909 read – Jellyman’s case.

    Upon application of Crown I amended slightly the name (of ?) (one ?) (jury ?) on (Inspector’s ?)  (associate ?) also the name of Strachan to be (Strangham ?).

  Buchanan took some objection at both names when I called the names over again & took (their ?) verdict again after each had answered to his name as read to him by the associate from the (Inspector ?).

Verdict. Guilty of the attempt charge.

~ ~ ~ ~ ~

Justice JF Hargrave’s Notebook 8

William Burdett

Sydney Quarter Sessions 4 March 1872
Receiving stolen money
2 years H[ard] L[abour].

~ ~ ~ ~ ~

The Sydney Morning Herald, Fri 17 May 1878 9

CENTRAL CRIMINAL COURT
THURSDAY [16 MAY 1878]

    Before his Honor Mr Justice Hargrave.
    Mr Rogers prosecuted for the Crown.

UNNATURAL OFFENCE.

    William Burdett, a man advanced in years, was charged with attempt to commit above offence with a man unknown. He pleaded not guilty,  and was defended by Mr Buchanan, instructed by Mr Roberts. The evidence which, as far as regards details, is entirely unfit for publication, rested entirely on that of the two apprehending constables, and though proved to substantiate the charge, the fact of the other party having escaped, put up the defence that the sex was not proved beyond all doubt, and the case not complete. His Honor put the case briefly to the jury, who, after a short absence, found him guilty of the assault with intent to commit the offence, and he was remanded for sentence.

~ ~ ~ ~ ~

The Sydney Morning Herald, Fri 31 May 1878 10

CENTRAL CRIMINAL COURT
THURSDAY.

BEFORE his Honor Mr Justice HARGRAVE.
    Mr Rogers prosecuted for the Crown.

SENTENCES.

    The following prisoners were sentenced as under:—

    William Burdett, indecent assault, 2 years’ imprisonment with hard labour.

    All the above sentences to be served in Darlinghurst gaol.

~ ~ ~ ~ ~

William Burdett, Gaol photo sheet 11

 

SRNSW: NRS2138, [3/14030], Darlinghurst Gaol photographic description book, 1866-1873, No. 305, p. 18, R5097. p.1 SRNSW: NRS2138, [3/14030], Darlinghurst Gaol photographic description book, 1866-1873, No. 305, p. 18, R5097. p.2.

 


Gaol Photo Sheet - Transcribed Details

No. 305
Gaol register No. 4744/71  

Portrait Taken: 4th March 1872

Name: Adolphus Burnett [aka William Burdett]


Native place: Madera

Year of birth: 1840

Arrived        Ship: Mary Anne 
in Colony }   Year: 1854

Trade or occupation
previous to conviction  } Laborer

Religion: Protestant

Education, degree of: Read + Write

Colour of hair: Brown

Colour of eyes: Blue

Height: 5' 2"

Weight     On committal: 
in lbs     }  On discharge: 

Marks or Special Features:


Where and when tried: Sydney Criminal Court 16 May 1878

Offence: Assault with intent to commit Sodomy

Sentence: 2 years HL

Remarks: 17 April 1879. To Young Gaol

 

 (No. of previous Portrait ... ) 

PRISON HISTORY

Where and When Offence. Sentence

Sydney Q.S

  4

3

1872

Receives stolen property

2 years labour

   


1  Empire, Fri 29 Dec 1871, p. 4. Emphasis added.

2  The Sydney Morning Herald, Fri 29 Dec 1871, p. 10.

3  Empire, Tue 5 Mar 1872, p. 3. Emphasis added.

4  The Sydney Morning Herald, Tue 5 Mar 1872, p. 3. Emphasis added.

5  The Sydney Morning Herald, Tue 9 Apr 1878, p. 7. 

6  SRNSW: NRS880, [9/6620], Supreme Court, Papers and depositions, Sydney, May 1878, No. 163. Emphasis added.

7  SRNSW: NRS6032, [2/4402], Judiciary, JF Hargrave, J. Notebooks Criminal Causes (Darlinghurst), 1865-78, pp. 108-11. Emphasis added.

8  SRNSW: NRS6032, [2/4403], Judiciary, JF Hargrave, J. Notebooks Criminal Causes (Darlinghurst), 1865-78. Loose sheet found at p. 73. 

9  The Sydney Morning Herald, Fri 17 May 1878, p. 2. 

10 The Sydney Morning Herald, Fri 31 May 1878, p. 3.

11 SRNSW: NRS2138, [3/14030], Darlinghurst Gaol photographic description book, 1866-1873, No. 305, p. 18, R5097.