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1875, Henry Jackson - Unfit For Publication
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The Sydney Morning Herald, Mon 8 Mar 1875 1

CENTRAL POLICE COURT.
SATURDAY.

BEFORE the Police Magistrate, with Messrs Cunningham, Smart and Aaron.

    Henry Jackson, 27, described as a cook, was committed to take his trial at the Central Criminal Court, for an assault with intent to commit an abominable offence.

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Depositions for Henry Jackson 10 May 1875 Sydney trial 2

Attorney General’s Office No.231
12:3:75

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

Depositions of Witnesses.

New South Wales, City of Sydney
TO WIT.                                       }

The examination of Edward George Chetwynd a Constable of the police Force, Sydney, in the Colony of New South Wales, Albert Arthur Frank Ryan of King Street Sydney and Duncan Kerr of King Street, Sydney in the said Colony, taken on Oath this 6th day of March in the year of Our Lord one thousand eight hundred and seventy five 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 Henry Jackson who is charged this day before me for that he the said Henry Jackson   on the 6th day of March Instant at Sydney in the said Colony, did feloniously attempt to commit sodomy,  on one Albert Arthur Frank Ryan 

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Henry Jackson

Sodomy.

    Constable Edward George Chetwynd on oath states: about 1 o’clock this morning from information received I went to [William] Easy’s boarding house in [65-67] King Street Sydney where I found the prisoner lying outside of his bed. He had his trouser, shirt and waistcoat on, his trousers were opened down the front, his waistcoat was also open, I told him that he was charged with attempting to commit sodomy on one Albert Arthur Frank Ryan. He said he would come with me to the watch house. I brought him to the Central Police Station, George Street, and there again charged him.

    In reply to the charge he said: “I should like to hear what prosecutor has to say.” On searching prisoner I found the article I produce, whose name I do not know – by looking through which an obscene photograph is seen with two men in the

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act of committing sodomy. Prisoner appeared to be sober at the time I arrested him.

[Signed] EG Chetwynd, Central Police Court Sydney 6th March 1875.

Sworn before David Charles Frederick Scott,  PM.

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    Albert Arthur Frank Ryan on oath states: I am prosecutor in this case and am a hairdresser residing at Easy’s boarding house in King Street Sydney. I know the prisoner before the Court. Prisoner was employed there in the kitchen. I went to bed this morning after 12 and 1 o’clock. My bedroom is situated on the 2nd floor. There were 9 beds in the room. I cannot say if they were all occupied, 5 or 6 were occupied to my knowledge. Prisoner did not occupy one of these beds, he was not in the room when we went to bed, he came up 10 minutes after us. He said nothing but sat down on Matthew’s bed (now present). He left his bed and then came to mine. He produced the article before the Court to me – after which he went and blew out the light, there was only 1 light in the room. He lay on the outside edge of my bed, when being tired and sleepy I went off to sleep. I woke up about 5 minutes afterwards and found prisoner lying heavily on my side. I said “you can lie on my bed, but do not lie heavily on me.” He shifted and I

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a second time went off to sleep. When I woke up I found he was inside my bed with his trousers down, and no boots on. I said “What the hell are you doing in my bed?” He said “Oh! Nonsense, nonsense” in a half whisper. He had his arm over my back, he threw me suddenly on my back side by putting his knee under me. I shoved him out of bed, and called out “Dunn – Strike a light. Here’s a fellow trying ‘to commit sodomy’.” He struck the light when I saw prisoner buttoning up his trousers.

  The landlord came up, prisoner went out of the room, standing at the door, the landlord wanted to know what the row was about? I told him the prisoner had attempted to commit sodomy. He said to the prisoner “I have told you several times not to go in to the boarders’ room” and then ordered him off the bed immediately. Prisoner’s room was above ours. He did not sleep on the same floor. I then left the boarding house that same night in company with Kerr and Matthew and met the Constable Chetwynd now present in King

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Street. I told the Constable what had happened and accompanied him down to the Station where I saw the Sub-Inspector in Charge, who, after asking me a few questions sent a Constable back with me to the lodging house, where I saw the prisoner, who was lying outside of his bed. I then gave him in charge to the Constable for attempting to commit sodomy on me. I had all my clothes off in bed. I felt prisoner’s hand on my privates. I did not feel his person on me. He was nearly on the top of me. He mentioned something which I did not understand. I said I would go for a Constable. He said “I might do so if I pleased.”

[Signed] Albert Arthur Frank Ryan, Central Police Court Sydney 6th March 1875.

Sworn before [Signed] DCF Scott, PM.

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    Duncan Kerr on oath states: I am a hairdresser and was residing at Easy’s boarding house in King Street Sydney. I was there between 12 and 1 o’clock this morning AM. We went to bed between 12 and 1 o’clock, altogether 5 of us. After we had been in the room about 10 minutes when prisoner came in and I went to bed. He sat on a bed opposite to mine. He then went over to Ryan’s bed and sat down on the side of his bed, a few seconds after this he went and blew the light out. I said to him “What are you doing in this room? Why do you not go to your own room?” I went off to sleep – I then next heard Ryan crying out “Kerr, strike a light, he is trying to commit sodomy on me.” I jumped up and struck a light. I saw the prisoner, who was lying outside of Ryan’s bed, buttoning up his trousers. He then left the room, we dressed ourselves, the landlord came up and said, “What’s the row?” Ryan said “Prisoner had been attempting to commit sodomy

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on him.” The landlord then said to the prisoner “What are you doing in these rooms? I told you several times not to be in the lodgers’ room”, and ordered him to his bed at once. We afterwards leaving the house met a Constable and told him the circumstances of the case. Between the time I struck the light and I saw prisoner buttoning up his trousers about one minute one minute elapsed.

[Signed] Duncan Kerr, Central Police Court Sydney, 6th March 1875.

Sworn before [Signed] DCF Scott, PM.

~ ~ ~ ~ ~

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

Statement of the Accused.

New South Wales,
TO WIT.                 }

Henry Jackson stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this sixth day of March in the year of Our Lord one thousand eight hundred and seventy five for that he, the said Henry Jackson on the 6th day of March Instant, at Sydney, in the said Colony, did feloniously attempt to commit sodomy on one Albert Arthur Frank Ryan and the examinations of all the witnesses on the part of the prosecution having been completed, and the depositions taken against the accused having been caused to be read to him by me, the said Justice (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 take 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 Henry Jackson and the witnesses for the prosecution being severally examined in his presence, the said Henry Jackson 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 Henry Jackson saith as follows:– “I have no statement to make.” Taken before me, at Sydney in the said Colony, the day and year first above mentioned.

[Signed] DCF Scott, PM, JP.

    Committed to take his trial at the ensuing Criminal Court, Sydney, 6th March 1875, Central Police Court.
[Signed] DCF Scott, PM.

~ ~ ~ ~ ~

(O. 1, 11 &12 Vic., Cap. 42.)

Recognizance to give Evidence

Gaol Delivery

New South Wales,                                                                                                          
TO WIT.                 }

Be it remembered, that on the 6th day of March in the year of Our Lord one thousand eight hundred and seventy five Edward George Chetwynd a Constable of the Police Force, Albert Arthur Frank Ryan of King Street Sydney in the Colony of New South Wales, lodging at Easy’s boarding house and Duncan Kerr, of King Street Sydney in the Colony staying at Easy’s boarding house personally came before the undersigned, one of Her Majesty’s Justices of the Peace for the Colony of New South Wales, and acknowledge 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 conditions endorsed. Taken and acknowledged the day and year first abovementioned, at Sydney in the said Colony, before me,

[Signed] DCF Scott, PM, JP.

The condition of the within written recognizance is such, that whereas Henry Jackson was this day charged before DCF Scott, 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 10th 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 Henry Jackson for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Henry Jackson then the said recognizance to be void, or else to stand in full force and virtue.

[Signed] DCF Scott, PM, JP.

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[The following is on depositions’s cover sheet]

6th March 1875
No. 231
Depositions.
No. 3
Regina v. Henry Jackson
Attempt to commit Sodomy
Sydney Gaol Delivery
10th May 1875
Central Police Court

~ ~ ~ ~ ~

Assault with intend to commit Sodomy

[Signed] William Bede Dalley, AG.
16/3/75

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Justice JF Hargrave’s Notebook 3

47

[Darlinghurst, Monday 10 May 1875]

Queen v Henry Jackson

Attempt to commit sodomy.

    1.  E[dward] G[eorge] Chetwynd.  Constable. Recollects 6th March 12.30 in morning went to Easy’s BH [boarding house] in Sydney & saw prisoner there – lying asleep apparently. Trowsers shirt & vest & stockings. Trowsers open all but one button. Told him that charged by AA [Albert Arthur Frank] Ryan with attempt to commit sodomy. I took him to Police Station & charged him. He said like to hear what prosecutor had to say – found the article produced – appeared to be sober.

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    Not cross-examined.

    2.  A[lbert] A[rthur] Frank Ryan.  Hairdresser. Remembers 6th March last at Easy’s BH King St Sydney. Knows prisoner, residing there same time. Employed there. Went to bed on 5th March at 11.30. Afterwards saw prisoner come into bedroom about 1 o’clock. He went & sat on bed of stranger then to bed of a mate & sat on bed – who said why not (?) out – blew out light – sat on my bed. 7 occupied beds – He sat on foot of bed & produced this article produced from his pocket, before light out & I said (if ?) (caught ?) in (M. b. ?) 6 months – he put it back – next thing I recollect he was in my bed – & I kicked him out of bed – prisoner laid on my side – then (chucking ?) me on my side over – I sang out strike a light. He put his hand across (me ?) to my (person ?) – I said here’s a (bugger ?) trying to commit (sodomy ?) trowsers open & undone – Landlord came up & I told him all – I & 4 others got up & went out & informed police & gave him in charge – I did not feel his person – did not know him before.

    Cross-examined, prisoner. I went up to (room ?) & had a glass of ale with you. Never asked you to (back ?) you at cards. Can’t play at cards. You were told to clear out – not asleep at all.  

    Re-examined. 4 I was perfectly sober – not playing at cards. No feeling whatever against prisoner.

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    3.  Duncan Kerr. Hairdresser. On 6th March resided at EBH then. Was in bed there. 9 beds. 6 occupied. Ryan was there then, (other ? men ?) were there. Prisoner came, sat on opposite bed to mine & went to other (person’s ?) bed next to Ryan’s bed – I told him to blow light out, heard Ryan calling to me to strike a light, that a man was trying (&c. ?). I saw prisoner buttoning up his trowsers. Prisoner standing by Ryan’s bed. Landlord came & ordered him to bed. 3 of us went out & saw constable.

    Cross-examined. I was sober, said something about a brother. Did not offer to back me at cards. I did not play nor ask you to back me. 5

    At 10 min 12 o’clock the Jury returned & asked 

    Ryan MB 6 (steamer ?) arrived in (City of Adelaide ?)  at 10 7 – & received there to Easy’s – only staying there that evening – I was with my mate both sober.

    Constable. Appeared excited not drunk & prisoner also sober.

  Verdict in 1 hour.

  Guilty 

  Imprisonment  with hard labour  for two years in Darlinghurst.

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The Sydney Morning Herald, Mon 10 May 1875 8

    CENTRAL CRIMINAL COURT – The sittings of this Court will open this (Monday) forenoon, at Darlinghurst, before his Honor Mr Justice Hargrave. The following is the list for trial:– James Sharkey and James Baker, robbery from the person; Edward P Stanley, setting fire to a house, a person being therein; Henry Jackson, assault with intend to commit an unnatural offence; Richard Hill, wounding with intent to do grievous bodily harm; Elizabeth Jackson, bigamy; Jacky Whyman, murder (from Bega); James Murphy, murder (from Shoalhaven); John Ryan, stealing money from letters (from Penrith); John Livingstone, forgery and uttering.

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The Sydney Morning Herald, Tue 11 May 1875 9

CENTRAL CRIMINAL COURT.
MONDAY. [10 MAY 1875]

    Before his Honor Mr Justice Hargrave, the Attorney General (the Hon WB Dalley) prosecuting for the Crown.

PLEASE OF NOT GUILTY. 

    Henry Jackson, charged with having committed an unnatural offence.

ATTEMPT TO COMMIT CRIME.

    Henry Jackson was charged with having, on the 6th day of March last, attempted to commit an unnatural offence.

    Prisoner pleaded not guilty,  and was undefended. The jury return a verdict of guilty, and prisoner was sentenced to two years’ imprisonment in Darlinghurst Gaol, with hard labour.

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Henry Jackson, Gaol photo sheet 10 

SRNSW: NRS2138, [3/6040], Darlinghurst Gaol photographic description book, 15 Dec 1874-22 Mar 1876, No. 1253, p. 96, R5098. p.1. SRNSW: NRS2138, [3/6040], Darlinghurst Gaol photographic description book, 15 Dec 1874-22 Mar 1876, No. 1253, p. 96, R5098. p.2.

Gaol Photo Sheet - Transcribed Details

Page No. 96

No. 1253
No. on Gaol Register: 1082

Date when Portrait taken: 11th May 1875

Prisoner's Name: Henry Jackson

Native place: England

Year of birth: 1827

Arrived        Ship: True Britain
in Colony }   Year: 1860

Trade or occupation
previous to conviction  } Salesman

Religion: C of E

Education, degree of: R & W

Colour of hair: Dark brown

Colour of eyes: Hazel

Height: 5' 5¾"

Weight     On committal: 136
in lbs     }  On discharge:  "

Special Marks: Leech marks on breast 

General Description:

 (No. of Previous [next] Portrait [Bathurst] 286 ) 

PRISON HISTORY

Where and When Offence. Sentence

 Supreme CC

 

10

 9

 May

Jan

1875 

1877

 Attempt to commit sodomy

Sentence remitted

 2 years labor

 

  


1    The Sydney Morning Herald, Mon 8 Mar 1875, p. 3.

2    SRNSW: NRS880, [9/6582], Supreme Court, Papers and depositions, SGD, May 1875, No. 231. Emphasis added.

3    SRNSW: NRS6032, [2/4399], Judiciary, JF Hargrave, J. Notebooks Criminal Causes (Darlinghurst), 1865-78, pp. 47-9. Emphasis added.

4    Mn: Chetwynd. Went up (2) was perfectly sober when he called me.

5    Mn: Chetwynd recalled. (?) went up was perfectly sober

6    Unable to account for this.

7    This whole sentence quite obscure and puzzling.

8    The Sydney Morning Herald, Mon 10 May 1875, p. 4. Emphasis added.

9    The Sydney Morning Herald, Tue 11 May 1875, p. 7.

10  SRNSW: NRS2138, [3/6040], Darlinghurst Gaol photographic description book, 15 Dec 1874-22 Mar 1876, No. 1253, p. 96, R5098.