Newcastle Herald and Miners’ Advocate, Tue 1 Oct 1878 1
NEWCASTLE POLICE COURT.
At the Police Court yesterday [Monday 30 September], before Lieut Col [P] Maunsell, PM, one “drunk” was punished. Samuel Clissold, for deserting from the British barque Woodville, was sent to Maitland gaol for twelve weeks. John Andrews, 18, a seaman, was charged with committing an unnatural offence, at Hamilton, on the 27th instant. Prisoner was committed for trial at the next Circuit Court, to be held at Maitland on 15th October next.
The court then rose.
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Depositions for John Andrews 21 Oct 1878 Maitland trial 2
(M., 11 & 12 Vic., Cap. 42.)
Depositions of Witnesses.
PC 78/1164
Regina v. John Andrews
“Sodomy”
N. S. Wales, Newcastle
TO WIT. }
The Examination of James Thompson of Newcastle in the Colony of New South Wales, a special constable; George Jones of Newcastle, a minor; Charles Jones of Newcastle aforesaid Const Trimmer; Charles Thorpe, of Newcastle in the said Colony, Sub Inspector of Police, taken on oath this thirtieth day of September in the year of our Lord one thousand eight hundred and seventy eight at the Police Court, Newcastle in the Colony aforesaid, before the undersigned, one of Her Majesty’s Justices of the Peace, in the presence and hearing of John Andrews who is charged this day before me for that he the said John Andrews on the 27th day of September AD 1878 at Newcastle in the said Colony, did commit the crime of “Sodomy” upon the person of the aforesaid George Jones contrary &c, &c, &c.
[Signed] P Maunsell Lt Colonel PM
1
NSW
Police Court Newcastle
Monday 30 September 1878
Before (?) PM (acting) 3
News and New South Wales Agriculturalist and Grazier, (NSW), Sat 13 Jul
1878, p. 9. Reproduction Peter de Waal
1. James Thompson on oath states: I am a special Constable and watchman in the Australian Agricultural Company Estate at Newcastle. Last Friday morning, the 27th inst. (September ‘78) at about a quarter to 6 (am ?) o’clock I was coming from Newcastle to the Company’s Colliery. When I got to the back of Woods’s Brewery 4 at Hamilton, I heard someone screaming in the direction of the scrub I stopped and I directly again heard a voice screaming. I went then in the direction the noise came from. I heard the screaming three times altogether. When I got to
2
close to the place where I had heard the screaming from I saw the prisoner now before the Court (and ?) the boy before the Court. Prisoner was lying on the top of the boy who was lying on his back. I was, at this time, within half-a-yard of them – I saw that the boy’s trowsers [sic] were down as far as his knees, and the prisoner was lying on the top of the boy between his legs. The prisoner’s trowsers were also open in the front and his person exposed: this last I did not see till I had pulled prisoner off the boy. But I saw before this from prisoner’s movements that he was having connexion with the boy – who was calling out “you are hurting me!” After pulling the prisoner off the boy, the latter ran away; the
3
prisoner too tried to get away, but I prevented him though he begged me to let him go. His trowsers being still open in front & his person exposed I directed him to button his trowsers. He, however, could hardly cover his person, as it was stiff by erection. I then brought prisoner to the lock-up here (Newcastle) and handed him over to the Police on the charge. I heard prisoner say to Sub inspector Thorpe in answer that the charge was true. –
[Signed] James Thompson.
Taken & sworn at place & date first before written before me.
[Signed] P Maunsell Lt Colonel PM
4
2. George Jones on oath states, I am the son 5 of Charles Jones, Const Trimmer, of Newcastle. I know the prisoner by the name of “Jack”. I have seen him before. I saw him last Friday morning talking to my sister at my father’s home. – my sister’s name is Caroline. Prisoner asked me to go fishing with him. I accompanied him to Bullock Island Bridge. He fished there for about half an hour after we left the Bridge prisoner asked me to go into the bush with him for “five corners”. I accompanied him into the scrub between the Brewery and the AA [Australian Agricultural] Company’s (?). He there hammered me with his belt, making me first take my trowsers down. He “hammered” me further giving him “five corners”. He threw me down. I cried. He was standing up when he
5
hammered me – I being on the ground where he had thrown me down. My trowsers were down. He hurt me very much when he hammered me. He was not lying on me. I saw the front of his trowsers open but I did not see him pull anything out of his trowsers. He kept “hammering” me for half an hour. I saw him open his trowsers, and I saw him pull out his cock after which he laid on the top of me. I being on my back. I felt prisoner’s cock between my legs, and also felt it at my bottom. He hurt me very much & I screamed. I remained in this position till the watchman (the last witness) came up & who pulled the prisoner off me. I then ran way. I felt prisoner’s cock go into my bottom.
[Signed] George (his X mark) Jones.
Taken & sworn at place & date first before written before me.
[Signed] P Maunsell Lt Colonel PM
6
3. Charles Thorpe on oath states, I am Sub Inspector in the Police Force of the Colony, stationed & in charge at Newcastle. On Friday morning last (September 27th ‘78) special constable Thompson called at my office here between 10 & 11 o’clock, accompanied by the prisoner, Thompson – in prisoner’s presence – made a statement to me to the effect that he had found the prisoner with his trowsers down, his person exposed, & lying on the top of a boy, and as he (Thompson) [sic–Andrews] behaved in the act of committing the crime of buggery with said boy. The prisoner heard all Thompson said, I asked him (the prisoner) if he heard the charge made against him?
7
He replied he had heard all that the Special Constable had said about him, and that it was all right. I then asked prisoner if it (the charge) was true? and he said “Yes”. I then ordered him to the confine in the lock-up on said charge.
[Signed] C Thorpe.
Taken & sworn at place & date first before written before me.
[Signed] P Maunsell Lt Colonel PM
~ ~ ~ ~ ~
(N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
PC 78/1164
Regina v. Wm [sic–John] Andrews
“Sodomy”
New South Wales, Newcastle
TO WIT. }
John Andrews stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this thirtieth day of September in the year of Our Lord One thousand eight hundred and seventy eight for that he, the said John Andrews on the twenty seventh day of September AD 1878 at Newcastle, in the said Colony, did commit the Crime of “Sodomy” upon the person of one George Jones.
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 he has nothing to hope from any promise of favor, 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 John Andrews, and the witnesses for the prosecution James Thompson, George Jones (aforesaid) and Charles Thorpe
being severally in his presence, the said John Andrews 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 so say will be taken down in writing, and may be given in evidence against you upon your trial;” whereupon the said John Andrews saith as follows:– “I have nothing to say.”
Taken before me, at the Police Court, Newcastle in the said Colony, the day and year first above mentioned.
[Signed] P Maunsell Lt Colonel PM
~ ~ ~ ~ ~
6 Committal for Trial
The accused (John Andrews) is hereby committed (to Gaol) for trial at the next Court of Gaol Delivery at Maitland in the Colony of New South Wales on Tuesday, the 15th October, 1878 upon the charge of “Sodomy”.
By me at the Police Court, Newcastle, in aforesaid Colony, this 30th day of September AD 1878.
[Signed] P Maunsell Lt Colonel PM
~ ~ ~ ~ ~
(O. 1, 11& 12 Vic., Cap. 42.)
Recognizance to give Evidence
PC 78/1164
Regina v. John Andrews
“Sodomy”
New South Wales, Newcastle
TO WIT. }
Be it remembered, that on the 30th day of September in the year of Our Lord One thousand eight hundred and seventy eight.
Charles Thorpe a Sub Inspector of the Police Force, of the Colony (?) (?) of Newcastle in the Colony of New South Wales, aforesaid.
George Jones, a minor by his father Charles Jones of Newcastle in the said Colony, Const Trimmer and James Thompson of Newcastle in the said Colony, Special Constable, &c, &c.
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 indorsed.
Taken and acknowledged the day and year first above mentioned, at Newcastle in the said Colony, before me,
[Signed] P Maunsell Lt Colonel PM
The Condition of the within-written Recognizance is such, that whereas John Andrews was this day charged before me the undersigned 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 Maitland in and fo the Colony of New South Wales, on this day, the fifteenth day of October next, at Nine of the clock in the forenoon, and then and there give each evidence as they know, upon an Information to be then and there preferred against the said John Andrews for the offence aforesaid, to the Jurors who shall pass upon the trial of the said John Andrews.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] P Maunsell Lt Colonel PM
Schedule of Papers herewith
I. Depositions of witnesses for the Prosecution.
II. Statement of the accused and memo of his committal for trial.
III. Recognizance of witnesses for the “prosecution” to give evidence.
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[On the depositions’ cover sheet is the following]
CC Maitland
15 October 1878
No. 386
Depositions.
Regina No. 15.
v.
John Andrews
Sodomy
Committed at Newcastle
on 30 Sept 1878
~ ~ ~ ~ ~
Sodomy
5/10/78
[Initialled] WJF [William John Foster, AG]
~ ~ ~ ~ ~
Justice P Faucett’s Notebook 7
32
[Maitland, Monday 21 October 1878]
Queen v John Andrews
Prisoner is not defended.
James Thompson examined by Stephen. Watchman for the AA Co [Australian Agricultural Company] and special constable for District of Newcastle.
I know prisoner. On Friday the 27th September about ¼ before 10 o’clock in the morning I was going from Newcastle to the AA Co’s colliery.
At the back of Wood’s Brewery – a (?) (on ?) (both ?) (sides ?) (?) (more ?) (or ?) (less ?) (?) (?) (?) – I heard some one screaming – I stopped – I then (crossed ?) the AA Co’s (pasture ?).
The screaming ceased and then commenced again.
33
I went on towards the thickest of the bush. I heard the screaming again. I then went along on my hands and knees. I listened and got close to prisoner and a little boy about 7 or 8 years of age. The boy was lying on his back – with his trousers down – and prisoner was on top of him.
His body was moving as if –
I then went (round ?) the bush about ½ a yard and told the prisoner to get up. He got up – I (assisted ?) him – (was ?) (cautioned ?) His trousers (were ?) (undone ?) in front.
The boy was saying let me go – when he saw me he said here is the policeman, and ran away.
Before that I heard the boy say he was hurting him.
Prisoner (stood ?) up – and asked me to let him go – I brought him some distance with his person exposed – I took him to the (station ?) and gave him to Sub-Inspector Thorpe – In reply to the charge he said it was true – I did not find the boy until next day – George Jones – His private parts between boy’s legs. Prisoner I believe is between 18 and 19 years.
George Jones examined by Stephen. 8 years of age. I know prisoner. I recollect the morning I was in the bush with him when Mr Thompson came – I went to go to 5 corners. Prisoner asked me to go with him – There are 5 corners there. He hammered me with his belt because I would not give him same 5 corners. He laid me down under a tree. He got on top of me – He put my trousers down – He had his (own ?) clothing open – He (?) (?) – (?) He (beat ?) me on the back – (?) I was lying on the back – he was lying between my legs – He put (it ?) [to] my (bottom ?). He hurt me – I called out – It did not go inside me –
34
He was trying to put it inside me – I was not lying there very long – only till the constable came up.
Charles Thorpe examined by Stephen. Sub-inspector – at Newcastle. Prisoner was brought to my office by Thompson – Thompson made a charge of having committed a (beastly ?) offence on a boy that morning. He said he found (them ?) – and the position. Prisoner’s reply was, It’s all right, Sir – let me go this time – and I’ll not do it any more.
Verdict. Guilty of the attempt. Sentence 12 months in Maitland Gaol with hard labour.
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Newcastle Morning Herald and Miners’ Advocate, Wed 16 Oct 1878 8
MAITLAND CIRCUIT COURT.
————
THE Maitland Circuit Court opened yesterday (Tuesday), at the Court-house, East Maitland; His Honor Mr Justice Faucett presiding. The following members of the bar were present:—The Hon WJ Foster (Attorney-General), Messrs WC Windeyer, R Wisdom, WL Merewether; Attorneys, Messrs RW Thompson, M O’Keeffe, W Baker, RA Young, and H Levien.
The Attorney-General prosecuted for the Crown.
…
UNNATURAL OFFENCE
John Andrews was charged with committing an unnatural offence upon one George Jones, at Newcastle, on the 27th of September last.
Pleaded not guilty, and was undefended, case to be heard later.
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The Maitland Mercury and Hunter River General Advertiser, Tue 22 Oct 1878 9
MAITLAND CIRCUIT COURT.
MONDAY, OCTOBER 21, [1878]
The Court re-opened at ten o’clock.
…
UNNATURAL OFFENCE
John Andrews, a youth about 18 or 19 years old, was indicted for that he on the 27th September at Newcastle, did commit an unnatural offence upon the person of one George Jones.
The Crown Prosecutor opened the case to the jury, pointing out that it was competent for them to bring in a verdict on the capital offence or one of making the attempt.
The evidence was to the effect that at a quarter to ten on the morning of the 27th of September, James Thompson, a special constable in the police force at Newcastle, was proceeding to the AA Co’s colliery. When he got to the back of Wood’s Brewery he heard screams in the bush; he went to the place, and saw the prisoner in the act of committing the offence of which he was charged on a boy. He described the position in which the two parties were. George Jones, a boy of eight years old, after being questioned by His Honor as to his responsibility to tell the truth, was examined. His evidence was to the effect that the prisoner asked him to go into the bush to get five-corners; that he hammered him with his belt for not giving him any five-corners; and he then told what was bone [sic–done], which was to the effect that the full offence was not committed. The prisoner was brought to Sub-inspector Thorpe’s office and charged with committing the offence. He said “It’s all right sir; let me go this time, and I won’t do it any more.”
His Honor summed up the case to the jury.
The jury, after a consideration of a quarter of an hour, brought in a verdict of an attempt to commit the offence.
His Honor said in consequence of prisoner’s extreme youth the sentence would not be so severe as it otherwise would. The sentence of the Court was that he be imprisoned in the gaol at Maitland for a period of twelve months and kept to hard labour.
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Newcastle Morning Herald and Miners’ Advocate, Tue 22 Oct 1878 10
MAITLAND CIRCUIT COURT.
————
(FROM OUR OWN REPORT.)
THE above Court re-opened yesterday morning at 10 o’clock, before Mr Justice Faucett.
…
John Andrews was charged with committing a similar [unnatural] offence upon one George Jones, on the 27th September last, at Newcastle.
Prisoner pleaded not guilty, and was undefended.
James Thompson, special constable at Newcastle, deposed: On the morning of the 27th I was going to the AA Co’s Colliery; when I got to the back of Woods’ brewery, I heard screams three times; went to see what was the matter; I saw prisoner and a boy about seven years of age. (Witness here described the offence. Details unfit for publication).
The boy, George Jones was also examined.
The jury returned a verdict of guilt of an attempt to commit the offence.
His Honor said that, in consequence of prisoner’s extreme youth, the sentence would not be so heavy as it otherwise would have been. The sentence was twelve months in Maitland gaol, with hard labour.
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John Andrews, Gaol photo sheet 11
![SRNSW: NRS2327, [3/5983a], Maitland Gaol photographic description book, 1875-1930, No. 192, p. 150, R5129.](/images/trials/1878-Andrews-5983a-gaol-photo-192.jpg "SRNSW: NRS2327, [3/5983a], Maitland Gaol photographic description book, 1875-1930, No. 192, p. 150, R5129.") |
Gaol Photo Sheet - Transcribed Details
No. 192
Date when Portrait was taken: 12th December 1878
Prisoner's Name: John Andrews (2)
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Native place: England Year of birth: 1859 Arrived Ship: Duke of Argyle Trade or occupation Religion: Anglican Education, degree of: R & W Colour of hair: Red Colour of eyes: Blue Height: 5' 4" Weight On committal: Marks or Special Features: Very much freckled |
Where and when tried: Maitland C Court Offence: Attempt at Sodomy Sentence: 12 months HL Remarks: |
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(No. of Previous Portrait ... ) PRISON HISTORY |
| Where and When | Offence. | Sentence | |||
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Nil |
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1 Newcastle Morning Herald and Miners’ Advocate, Tue 1 Oct 1878, p. 2. Emphasis added
2 SRNSW: NRS880, [9/6630], Supreme Court, Papers and depositions, Maitland, 1878, No. 386. Emphasis added.
3 Mn: PC 78/1164 Regina v. John Andrew “Sodomy”
4 Woods’s Brewery was operated by John and Joseph Woods as a franchise for a Victorian brewery, Castlemaine Brewery, under the name Castlemaine Brewery & Wood Bros. Co., between 1876 -1921—Currently it is the Newcastle Regional Museum.
5 Mn: Between 8 & 9 years old according to his mother
6 Mn: NSW PC 78/1164 Regina v. John Andrew “Sodomy”
7 SRNSW: NRS5927, [2/3939], Judiciary, P Faucett, J. Notebooks Circuit Courts, 1866-87, pp. 32-4. Emphasis added.
8 Newcastle Morning Herald and Miners’ Advocate, Wed 16 Oct 1878, p. 2.
9 The Maitland Mercury and Hunter River General Advertiser, Tue 22 Oct 1878, p. 4.
10 Newcastle Morning Herald and Miners’ Advocate, Tue 22 Oct 1878, p. 3. Emphasis added.
11 SRNSW: NRS2327, [3/5983a], Maitland Gaol photographic description book, 1875-1930, No. 192, p. 150, R5129.