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1878, William Albion - Unfit For Publication
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William Albion, Thomas Buckley and Joseph McKenna, 1878 

 

The Sydney Morning Herald, Thu 18 Apr 1878 1

CENTRAL POLICE COURT.
WEDNESDAY. [17 APRIL]

    BEFORE the Police Magistrate, with Messrs Hughes, [Robert] Guy, Gorus, and Helsham.

    William Albion, 21, Thomas Buckley, 19, and Joseph McKenna, 17, charged with an abominable offence, were committed for trial at the Central Criminal Court.

~ ~ ~ ~ ~

Depositions for William Albion, Thomas Buckley & Joseph McKenna 15 & 30 May 1878 Syd trials 2

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

Depositions of Witnesses.

New South Wales, City of Sydney,
TO WIT.                                        }

The examination of William Tindall, a Constable of the Police Force, Sydney in the Colony of New South Wales, and John Charles Dunlop of the Police Force, Sydney in the said Colony, a Constable taken on oath this 17th 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 Albion aka Moore, Thomas Buckley and Joseph McKenna who are charged this day before me for that they the said William Albion aka Moore,   Joseph McKenna   and Thomas Buckley   on the 16th day of April instant at Sydney in the said Colony, did feloniously and wickedly, and against the order of nature, commit and perpetrate that detestable and abominable crime of buggery. 

2

William Albion aka Moore, Thomas Buckley and Joseph McKenna
Sodomy

Ornamental entrance to Hyde Park - junction of Park and College Streets. St James' Church spire, King Street, just visible above carriage. Source: Illustrated Sydney News and New South Wales Agriculturist and Grazier, (NSW), Sat 5 Jul 1873, p.1. Reproduction: Peter de Waal.
Ornamental entrance to Hyde Park - junction of Park and College Streets.
St James' Church spire, King Street, just visible above carriage.
Source: Illustrated Sydney News and New South Wales Agriculturist and
Grazier, (NSW), Sat 5 Jul 1873, p.1. Reproduction: Peter de Waal.

    Constable William [John] Tindall on oath states:

    About half past 10 o’clock last night I was on duty in Hyde Park  in the City with Constable Dunlop, and I saw prisoner Albion, or Moore, and prisoner Buckley on a seat on the northern portion of the Park near St James’ Church. The prisoner McKenna was on another seat some 10 yards distance

3

from the other 2 prisoners.

    The prisoner Buckley appeared to be undoing his trowsers or having his person in his hand. The prisoner The prisoner Albion alias Moore had hold of the back of the seat with both hands and his posterior turned toward prisoner Buckley. Moore was kneeling on the seat. Prisoner Buckley then put his arms around Moore’s body and was in made motions as if he was having connection with him. He was against Moore

4

for a minute or two and he left him and went to the seat where prisoner McKenna was, and remained there, and prisoner McKenna went over to prisoner Moore and sat beside him. He hadn’t been there many minutes when prisoner Moore placed himself in the same position with his posterior towards the prisoner McKenna and he (McKenna) went through similar motions, as if having connection with him (Moore) – Constable Dunlop and I, walked towards them, and on

5

seeing us, prisoner Buckley ran towards Market Street, and prisoner Albion ran over towards St James’ Church. I ran after prisoner Buckley and caught him; and Dunlop arrested prisoner McKenna.

    We brought them together, and I examined their persons it both of their persons were erect. Prisoner McKenna’s more so than Buckley’s – on Buckley’s person I saw blood.

    I brought them to the Police Station and left them there and I returned and

6

arrested the prisoner Albion.

    I asked him why he ran away and he said “To get out of the wet.” I asked him if he knew them (meaning the other prisoners) and he said “No, they came up to me and made use of indecent remarks and asked me if I was a female.”

    I took him to the Police Station and the 3 prisoners were examined by Dr Egan. They were examined immediately after the arrest. 

    I then charged

7

them with committing the abominable crime of bugger with each other.

    The prisoner Albion alias Moore, said he was not guilty. The other prisoners said nothing.

    I produced a handkerchief, silk turban and some face powder or whitening, which I found on prisoner Albion at the time of arrest. His face was powdered.

    I produced a pair of trowsers which prisoner Albion alias Moore was wearing when I arrested him. They are in the same condition now as when I arrested him.

8

    On the prisoner Buckley I found one shilling and one shirt stud.

    I also produce a pair of trowsers which prisoner Buckley was wearing when I arrested him – they are were in the same condition. It has blood on it.

    On prisoner McKenna I found a purse containing one pound and seven shillings and a scarf.

    I also produce a shirt which prisoner McKenna was wearing when I arrested him. It has marks of blood on it.

    By prisoner Albion: I had my reasons

9

for delaying the arrest. I was waiting for a better opportunity to see you. 

    I swear that you did not tear the trowsers in the Police Station. The other prisoners were making use of you. I was one or one and a half yards away from you. I saw you run away from where the offence was committed – your posterior was turned towards each man as they came to you in turns.

    By Bench: The prisoner Albion’s trowsers produced are torn from the fly to about six inches at the back from the waist and they

10

bear stains of blood. 

People sitting on seats in Hyde Park, near fountain, c. 1880. Image: NSW State Library, PXA 2113, box 56. Reproduction: Peter de Waal
People sitting on seats in Hyde Park, near fountain, c. 1880. Image:
NSW State Library, PXA 2113, box 56. Reproduction: Peter de Waal

     Last night was clear and moonlit.

    After I charged the prisoners at the Police Station, I went back to Hyde Park and examined the seat where I had seen them, and saw spots of blood and the stone in front of the seat, which is paved for the feet. The blood appeared to be fresh.

    By prisoner Albion: You offered no resistance when I arrested you – you said that the other prisoners came up to you and made use of an indecent remark

11

and asked you if you were a female.

[Signed] William John Tindall.

Central Police Court Sydney 17th April 1878.
Sworn before [Signed] Robert Guy, JP.

12

    Constable John Charles Dunlop on Oath states:

    Between 10 and 11 o’clock last night I was on duty on Hyde Park in the city with last witness. I saw the prisoners there.

    The prisoner Albion alias Moore and prisoner Buckley were sitting on a seat together, some 9 or 10 yards from where prisoner McKenna was sitting alone.

    I saw prisoner Buckley stand up, and appeared to be opening his trowsers in front

13

after he did so the prisoner Albion or Moore turned his posterior towards the prisoner Buckley and held on to the back of the seat with both hands. The prisoner had his arms round prisoner Albion’s body and was moving against his (Albion’s) posterior, as if having connection.

    After some short time, prisoner Buckley retired to the seat where McKenna was sitting and prisoner McKenna went over to Albion or Moore, and sat alongside of him.

    About 2

14

minutes after, the prisoner Albion got up and placed himself in a similar position as when Buckley was there, and prisoner McKenna put himself in the same position as Buckley had done by putting his arms around prisoner Albion’s waist, and going thro’ similar motions against Albion’s posterior.

    I and Constable Tindall went towards the prisoners and when they saw us coming, prisoner Buckley ran towards Market Street, and prisoner Albion ran towards St James Church.

    Constable Tindall

15

arrested Buckley, and I arrested McKenna. The prisoner McKenna’s trowsers were open in front when I arrested him.

    I examined McKenna’s person, and it was quite erect and had something like soap on it. The night was moon lit.

    I also examined prisoner Buckley ‘s person. It was erect, but not so much so, as McKenna’s person. It was bleeding and all wet and soapy.

    The prisoners Buckley and McKenna were brought to the

16

Central Police Station and Constable Tindall went to the park and arrested Albion and brought him to the Station, and they were all examined by Dr Egan.

    By prisoner Albion: I am positive that it was prisoner Buckley who set with you first. I didn’t see you on the grass.

    By the police: At the furthest I was only ten yards, from prisoners Albion and Buckley together when they were committing the offence.

    By prisoner Albion: I see stains of blood on prisoner Albion’s trowsers.

[Signed] John Charles Dunlop, Central Police Court Sydney 17th April 1878.
Sworn before [Signed] Robert Guy, JP.

17

    Myles Egan on Oath states:

    I am a duly qualified Medical Practitioner.

    About quarter to 11 o’clock last night I was sent for to come to the Central Police Station and I came about a quarter past 11 pm. I examined the prisoner Buckley and found blood on his penis and on his trowsers. There was blood issuing from the canal of his penis which would be cause by strain or exertion.

    I next examined prisoner McKenna and

18

found on the back part of the glans penis a soreness and redness and slight swelling as if cause by pressure. There was blood on his shirt – the front part of his shirt.

    I then examined prisoner Albion alias Moore, and found some marks to irritation at the margin of the anus. They were recent marks of redness and soreness. 

    Such marks might have been cause by the act of sodomy.

    By prisoner Albion: There were no marks of blood on you – you complained of soreness. There need

19

not be blood from you – you had no external piles – you were in a condition which corresponded with the statement of the Constables.

[Signed] Myles Egan, Central Police Court Sydney 17th April 1878.
Sworn before [Signed] Robert Guy, JP.

20

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

Statement of the Accused.

New South Wales,
TO WIT.                  }

William Albion alias Moore stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 17th day of April in the year of Our Lord one thousand eight hundred and seventy eight for that he, the said William Albion, alias Moore, on the 16th day of April instant at Sydney, in the said Colony, did 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 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 William Albion alias Moore and the witnesses for the Prosecution being severally examined in his presence, the said William Albion alias Moore 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 Albion alias Moore says as follows:– “I’m not guilty.” Taken before me at Sydney in the said Colony, the day and year first above mentioned.

[Signed] Robert Guy, JP.

21

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

Statement of the Accused.

New South Wales,
TO WIT.                  }

Thomas Buckley stands charged before the undersigned one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 17th day of April in the year of Our Lord one thousand eight hundred and seventy eight for that he, the said Thomas Buckley on the 16th day of April instant at Sydney, in the Colony did feloniously and wickedly and against the order of Nature commit and perpetrate that abominable crime of buggery 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 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 Thomas Buckley and the witnesses for the prosecution being severally examined in his presence, the said Thomas Buckley 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 Thomas Buckley saith as follows:– “Not guilty.” Taken before me, at Sydney in the said Colony, the day and year first abovementioned.

[Signed] Robert Guy, JP.

22

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

Statement of the Accused.

New South Wales,
TO WIT.                  }

Joseph McKenna stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 17th day of April in the year of Our Lord one thousand eight hundred and seventy eight for that he, the said Joseph McKenna on the 16th day of April instant at Sydney, in the said Colony, did feloniously and 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 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 Joseph McKenna and the witnesses for the Prosecution being severally examined in his presence, the said Joseph McKenna 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 Joseph McKenna saith as follows:– “Not guilty.” Taken before me, at Sydney in the said Colony, the day and year first abovementioned.

[Signed] Robert Guy, JP.

23

    The prisoners are committed to take their trial at the Central Criminal Court 13th May next.

    Bail refused.

Central Police Court Sydney 17th April 1878.
[Signed] Robert Guy, JP.

24

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

Recognizance to give Evidence

New South Wales,
TO WIT.                  }

Be it remembered, that on the 18th day of April in the year of Our Lord one thousand eight hundred and seventy eight John Charles Dunlop a Constable of the Police Force, in the Colony of New South Wales, and William Tindall of the said Police in the said Colony, 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 

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 conditions indorsed. [Signed] William John Tindall and John C. Dunlop. Taken and acknowledged, the day and year first abovementioned, at Sydney in the said Colony, before me,

[Signature illegible], JP.

The condition of the within written recognizance is such, that whereas William Albion alias Moore, Thomas Buckley and Joseph McKenna was this day charged before Robert Guy and John T (Jones ?) Esquires, two of Her Majesty’s Justices of the Peace for the Colony, with buggery. 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 Albion alias Moore, Thomas Buckley and Joseph McKenna for the offence aforesaid, to the Jurors who shall pass upon the trial of the said William Albion alias Moore, Thomas Buckley and Joseph McKenna then the recognizance to be void, or else to stand in full force and virtue.

[Signature illegible], JP.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Central Criminal Court
Darlinghurst
13th May 1878
No.184
Depositions.
Regina No. 38
v.
William Albion aka Moore, Thomas Buckley and Joseph McKenna
Sodomy
Committed at Central Police Court
on 17th April 1878

~ ~ ~ ~ ~

Sodomy
2 informations

4/5/78
[Initialled] WJF [William John Foster] AG

~ ~ ~ ~ ~

Justice JF Hargrave’s Notebook 3

74-75

[Wednesday May 15th 1878]

Q v.    Thomas Buckley
     William Albion (or Moore)

 Sodomy

On 16th April at Sydney

    Mr Rogers postponed till tomorrow on Mr (Driver’s ?) application & promise to be then prepared to go on. Same bail as before.

View from Oxford Street towards Hyde Park. Source: Illustrated Sydney News and New South Wales Agriculturist and Grazier, (NSW), Thu 12 Oct 1876, p.4. Reproduction: Peter de Waal.
View from Oxford Street towards Hyde Park. Source:
Illustrated Sydney News and New South Wales Agriculturist and
Grazier
, (NSW), Thu 12 Oct 1876, p.4. Reproduction: Peter de Waal.

Mr HW Cooper  for prisoner Buckley.

    1.  Constable W [William John] Tindall. At NE of Hyde Park ½ past ten saw both the prisoners there. Saw them sitting on a seat together first – bright moonlight night. Presently Moore caught the back of seat & knelt on seat. Buckley commenced motion as if having connection with (person ?) of a woman. 20 yards off. About a minute or so together. Two or 3 minutes afterwards I walked towards them. Buckley ran towards Market Street & Albion towards St James’. (They ?) (saw ?) I ran after Buckley & caught him. Had him in view all the time. I had a constable with me. He went after McKenna. I took Buckley to the station & examined him to (Court ? Constable ?) Blood was flowing from his person in a state of erection. I arrested Albion close to St James’ Church. I cautioned him & asked him what he ran away for. He said from the (?) (law ?) – what he was doing. He said the others [asked]

76-77

if he was a female or girl. Dr Egan examined both – afterwards made this charge. Buckley made no reply – Albion said not guilty. Albion’s face was powdered. I produce – these trowsers (produced) Albion was wearing them as now split up at back – spot of blood on them. 10 or 12 yards off – I (can’t ?) say whether any penetration took place – These trowsers (produced) Buckley was wearing them. Covered with blood on fly.

    Cross-examined, Cooper. Known Albion very often & Buckley, but not together – I recognized them first at 20 yards off. The 3rd man was on another seat 10 or 12 yards off, not all three together. Buckley & Albion were at first sitting on seat together, then as I described. I watched what they were doing 2 or 3 minutes. The 3rd man was there while I was watching. He did not interfere – but as the first had – the 3rd went to commit the same. I arrested them for the crime. They ran away. I had walked round them in a circle. I arrested them then. I made every effort to prevent it by arresting. The 3rd man changed places & I instantly arrested him. I saw Buckley commit this crime. I saw the other man commit the crime & then arrested him. I kept Buckley in sight all the time. He ran away & stopped when I got up to him. He was bleeding from his person & trying to button up.

78-79

I had hold of him. I asked him if he knew the other man who (whistled ?) while I was watching. He said no. I only asked that & took Buckley to the Police Station. Albion was sitting down with a man who had his arm round Albion’s waist. No one interfered (me ?). It occurred as I have said.

    Cross-examined by Albion. That man had his arm round your body. I touched you on shoulder & said I want you. Dunlop was in (the ?) (station ?). I could not see Buckley’s person. Your face was powdered & (?) Anderson rubbed it off. This whitening was in your possession when arrested. You had time to escape. When arrested you had gone 100 yards. Your trowsers are in the same condition when taken off you.

    2.  Constable [John Charles] Dunlop. On duty at Hyde Park with constable on Tuesday 16th April. Saw the prisoners that night on west side of park next St James’ Church between (Macquarie ?) & Elizabeth. Moonlight night. They were both together. I saw Albion sit on the seat & presently Buckley moved as if having connection with him quite close to him – saw him moving, 2 or 3 minutes. Buckley had his trousers loosed at front & Albion had his trousers split. He had (Moore ?) by the body. (Described ?) position head on back of seat. His trousers undone in front. From what I saw (?) can’t say whether Albion was exposed because Buckley shaded him. He was close to Albion. I went after another man & then came to Tindal.

80-81

Dr Egan was sent for & examined all three. I was on detection duty that night in plain clothes both of us. (looked ?) at them 5 or 6 minutes after I first saw them. They were on the seat, & I saw all between Buckley & Moore – I was 9 or 10 yards off & saw the whole & made no attempt to interrupt them at first. When McKenna came up we arrested (them ? him ?) 5 minutes to the arrest. We waited & then pounced down upon them. We could not arrest before. Did not know any of them. I arrested McKenna, saw Buckley arrested – several men in the park. Did not see Tindal speak to anyone else. I saw all that occurred. Tindal might have spoken to another man I did not see. 

    Cross-examined Albion. I (would ? could ?) (?) your person. It was visible for anyone to see (?) – There was blood on Buckley & on the seat – They might have been with a female before but not while this took place. I will swear by your own appearance & what the doctor proved. McKenna came 2nd to the seat & his person was erect. I was with Tindal all the while. We were 20 yards off before we noticed the connection. Moon bright. There were (dozens ?) on the main (avenues ?). You were both powdered & pencilled on eyebrows. You could not shake it off – some black marks – some powder in your pocket – blood on seat in clots & on the flags & (NP ?) as if (?).

82-83

    3.  Dr [Myles] Egan. On night of 16th last – on Albion found a soreness about the anus – irritated. Trowsers torn behind & marks of blood – Buckley was bleeding from his person – from the canal of penis, any strain might cause it – Albion complained of tenderness & soreness – quite recent. No disease on Buckley that I detected. I examined him closely. No venereal disease or sores or very slight – & completely changed – blood was in large quantities too much for gonorrhoea – if very violent may be slight discharge – no other marks of discharge on his shirt – If he had strained himself in any [way] he might have burst a blood vessell [sic] in the urethra. He might have had a slight gonorrhoea – Albion had marks of blood on his trowsers. Like blood, I looked upon it as blood. Can’t swear it was blood.

    [William John] Tindall recalled. There was blood on the seat & flat (stones ?), fresh blood & paper as if wiped away.

    Cross-examined. 3 or 4 great clots – good deal – one spot on the edge – I had returned them directly. I did not see any blood on the shirts. I did not see them wipe themselves. I was watching them. They could have dropped the paper.

    Cross-examined Albion. Your trowsers were on you. I think so but your trowsers might have been off. I examined no blood on (?) person or body. The skin might have been wiped off, don’t remember. You kept yourself very tight. Cannot swear whether any penetration in you. The redness that I saw on you was half an inch outside the sphincter. Can’t swear that sodomy was the only cause. He gave me no (facility ?) for examining his person.

84-85

    Tindal by Albion. I asked you what you [were] doing & you said they went to you & asked you if [you were] a female or girl.

Deposition read as to Albion.

    WH Cooper –
Policeman (accessory ?) to the offence.
(1) Constable Tindal
(2) Constable Dunlop  recording (?) (?) 347
(3) Dr Egan

Verdict in ¼ hour.
Each guilty of an attempt. 

~ ~ ~ ~ ~

Justice JF Hargrave’s Notebook 4

[73]

Convictions of Thomas Buckley

CP Office – 19 May 1875 – Stealing, 1 month
CP Office – 8 November 1875 – Stealing, 1 month
CP Office – 30 May 1877 Stealing – Stealing, 7 days
& one conviction for drunkenness.

~ ~ ~ ~ ~

The Sydney Morning Herald, Thu 16 May 1878 5

CENTRAL CRIMINAL COURT.
WEDNESDAY. [15 MAY]

    BEFORE his Honor Mr Justice HARGRAVE.
    The Attorney General, Mr Rogers, and Mr Bennett prosecuted for the Crown.

SODOMY

    William Albion, alias Moore, and Thomas Buckley were charged with this offence. Mr WH Cooper, instructed by Mr Ryan, defended Buckley. The evidence was too gross for publication. Both prisoners were found guilty of the attempt and were remanded for sentence.

    The case occupied the entire day at the Court.

~ ~ ~ ~ ~

Justice JF Hargrave’s Notebook 6

182-183

Thursday May 30th 1878

Q v.    Joseph McKenna
     William Albion or Moore

Sodomy

Rogers  for Crown
Dr Sly
Mr Fitzgerald  assigned for prisoner.

    1.  Constable Tindall. On 16th April at half ten on duty in HP [Hyde Park]. Know both prisoners (?) on a seat in HP (with ?) (another ?) (?) left him then Albion knelt on the seat & then McKenna caught him on waist (&c ?) – could not see whether trousers down or McKenna’s person exposed – motion as if (connection ?) described action – I arrested Albion near St James’ Church – when I took Albion to lock up. These were his trousers in same state as now, split up behind – I found at the seat several (?) of blood on (?) & paper &c also shirt that McKenna & shirt (blood ?).When I arrested Albion I cautioned him. He said he ran away from the (?) (?) what he was doing with those men. He said asked if he was a female or girl. His face was powdered & his eyebrows blackened.

    Cross-examined Dr Sly Another man on seat not here. (They ?) were a couple minutes. The same as between these two. Buckley was there with Albion before McKenna. He took McKenna’s place on a seat ten yards off. I was ten or 12 yards. (The ?) (other ?) constable was in uniform. He wanted to see what to arrest for (by ?) (me ?). I had all three on my eye. I watched him also. I walked forwards.

184-185

Albion was there about a minute before McKenna came up. The closest to (them ?) was 10 or 12 yards off to 20 yards. Clear bright moonlight night – all ran away. I went after & Dunlop arrested (the ?) (others ?) McK I saw prisoner’s person erect – did not (destroy ?) seat, know it again, under a tree. No woman near (them ?).

    2.  Constable Dunlop. On duty at ½ past ten 16th. Saw Albion on a seat and McKenna on a seat near. Saw Buckley as if having connection & went away to seat – described moving &c &c – I & Tyndal walked towards them. McKenna had his trousers open & person erect. Examined at PO [Police Office] by Dr Egan – both prisoners. When I arrested him I examined him. Blood on front of (?) & shirt – erect & (slime ?) & blood – moonlight night bright as daylight – 

    Cross-examined Sly. McKenna did not run far. 2 strides from where he was. 3 or 4 yards from the seat. Saw B[uckley] & Al[bion] 3, 4 or 5 minutes McKenna (?) walked to Albion. 10 yards off not more. Moore placed himself in a half (minute ?) in the same position – &c &c. We walked towards them. 9 or 10 yards off. At P/O I’d [I had ?] blood on hand from McKenna’s person am sure – before I washed my hands before read (deposition ?) – don’t know whether I stated that at P/O – think not – as bright as day.

    3.  Dr Miles Egan.  On night of 16th April examined both prisoners. He read irritation at anus (?) blood on clothes & trousers ripped down behind exposing the whole seat, powdered all over face. McKenna’s penis – (?) as by recent violence – blood on his shirt. Don’t recollect whether on his person. Glans penis (?) 

    Cross-examined Sly. Not caused by piles in Albion.

1.  Constable Tyndal
2.  Constable Dunlop
3.  Dr M Egan
(1) Albion’s person might have been by Buckley.
(2) Bias to get conviction at all hazards, wished to “entrap”, only intention to commit.

Best evidence that the nature of case admits.

In half an hour verdict.

As to McKenna, guilty of attempt 
2 years hard labour Darlinghurst Gaol 

As to Albion, guilty of attempt.
2 years hard labour Darlinghurst Gaol, consecutive.

    Dunlop may have shown his hands but doesn’t recollect.

~ ~ ~ ~ ~

The Sydney Morning Herald, Fri 31 May 1878 7

CENTRAL CRIMINAL COURT.
THURSDAY. [30 MAY]

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

INDECENT ASSAULT.

    William Albin, [sic] alias Moore, and Joseph McKenna were charged with this offence. Dr Sly was assigned as counsel, and Mr Fitzgerald as attorney for the prisoners. The jury found both prisoners guilty of the attempt. McKenna was sentenced to two years’ imprisonment with hard labour in Darlinghurst gaol; and Albin to the same punishment – he also received a similar sentence for a previous conviction this session [see 15 May above] for the same offence, making four years’ hard labour in all.

~ ~ ~ ~ ~

Joseph McKenna, Gaol photo sheet 8

SRNSW: NRS2138, [3/6042], Darlinghurst Gaol photographic description book, 5 Jul 1877-9 May 1879, No. 1886, p. 143, R5099. p.1. SRNSW: NRS2138, [3/6042], Darlinghurst Gaol photographic description book, 5 Jul 1877-9 May 1879, No. 1886, p. 143, R5099. p.2.

 


Gaol Photo Sheet - Transcribed Details

No. 1886
No. on Gaol Register: 2806/78

Date when Portrait was taken: 20th April 1878

Prisoner's Name: Joseph McKenna

Native place: Sydney

Year of birth: 1862

Arrived        Ship: 
in Colony }   Year:

Trade or occupation
previous to conviction  } Groom

Religion: RC

Education, degree of: R & W

Colour of hair: Brown

Colour of eyes: Grey

Height: 5' 2"

Weight     On committal: 115
in lbs     }  On discharge: 

Special Marks:

General Description:

 (Previous Portrait ...  ) 

PRISON HISTORY

Where and When Offence. Sentence

Sydney CC

30

  7

  5

  2

1878

1880

Attempt to commit Sodomy

Sentence remitted

2 years [H] L

 
~ ~ ~ ~ ~

William Albion, Gaol photo sheet 9

SRNSW: NRS2138, [3/6042], Darlinghurst Gaol photographic description book, 5 Jul 1877-9 May 1879, No. 1887, p. 144, R5099. p.1. SRNSW: NRS2138, [3/6042], Darlinghurst Gaol photographic description book, 5 Jul 1877-9 May 1879, No. 1887, p. 144, R5099. p.2.

 


Gaol Photo Sheet - Transcribed Details

No. 1887
No. on Gaol Register: 2808/78

Date when Portrait was taken: 10th January 1877

Prisoner's Name: William Albion
(aka Ernest Steele, William Moore)

Native place: London

Year of birth: 1859

Arrived        Ship: Not known
in Colony }   Year: Not known

Trade or occupation
previous to conviction  } Wraper

Religion: RC

Education, degree of: R&W

Colour of hair: Dark brown

Colour of eyes: Grey

Height: 5' 4½"

Weight     On committal: 133
in lbs     }  On discharge: 

Special Marks: Two scars side right eyes

General Description:

Remarks: Now under sentence in Adelaide 30/9/1889

 (Previous Portrait ...  ) 

PRISON HISTORY

Where and When Offence. Sentence

WPO

Sydney CC *

 

 

CPO

Sydney Q.S

  8

15

15

27

  9

  1

10

  5

  6

  9

  4

  8

1877

1878

1878

1881

1883

1883

Inflict grievous bodily harm

Attempt to commit Sodomy
2 charges.

To Berrima Gaol

Sentence remitted

Insufficient lawful means of support

Stealing from the person

To Police Exam

4 years [Hard] L

 

 

3 months HL Syd Gaol 

3 years PS

* The correct trial date is 30 May 1878

 
~ ~ ~ ~ ~

Thomas Buckley, Gaol photo sheet 10 

SRNSW: NRS2138, [3/6042], Darlinghurst Gaol photographic description book, 5 Jul 1877-9 May 1879, No. 1888, p. 145, R5099. p.1. SRNSW: NRS2138, [3/6042], Darlinghurst Gaol photographic description book, 5 Jul 1877-9 May 1879, No. 1888, p. 145, R5099. p.2.

 


Gaol Photo Sheet - Transcribed Details

No. 1888
No. on Gaol Register: 2809/78

Date when Portrait was taken: 20th April 1878

Prisoner's Name: Thomas Buckley

Native place: Sydney

Year of birth: 1862

Arrived        Ship: 
in Colony }   Year: 

Trade or occupation
previous to conviction  } Shoemaker

Religion: RC

Education, degree of: Nil

Colour of hair: Fair

Colour of eyes: Hazel

Height: 5' 1¼"

Weight     On committal: 
in lbs     }  On discharge: 

Special marks: Scar on forehead

General Description:

 (Previous Portrait ...  ) 

PRISON HISTORY

Where and When Offence. Sentence

CPO

ditto

ditto

ditto

WPO

Sydney CC

19

  8

30

  8

  9

15

12

  5

11

  5

  6

  7

  5

11

1875

1875

1877

1877

1877

1878

1878

Steal a pair of boots

Stealing

Stealing

Smoking in the markets

Drunk

Attempt to commit Sodomy

To Bathurst Gaol

1 month. C.

1 mth. L.

7 days C.

2 days C.

2 days C.

2 years [Hard] L. 

 


1    The Sydney Morning Herald, Thu 18 Apr 1878, p. 7.

2    SRNSW: NRS880, [9/6620], Supreme Court, Papers and depositions, Sydney, May 1878, No. 184. Emphasis added.

3    SRNSW: NRS6032, [2/4402], Judiciary, JF Hargrave, J. Notebooks Criminal Causes (Darlinghurst), 1865-78, pp. 74-85. Emphasis added.

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

5    The Sydney Morning Herald, Thu 16 May 1878, p. 7.

6    SRNSW: NRS6032, [2/4403], Judiciary, JF Hargrave, J. Notebooks Criminal Causes (Darlinghurst), 1865-78, pp. 182-5. Emphasis added.

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

8    SRNSW: NRS2138, [3/6042], Darlinghurst Gaol photographic description book, 5 Jul 1877-9 May 1879, No. 1886, p. 143, R5099.

9    SRNSW: NRS2138, [3/6042], Darlinghurst Gaol photographic description book, 5 Jul 1877-9 May 1879, No. 1887, p. 144, R5099.

10  SRNSW: NRS2138, [3/6042], Darlinghurst Gaol photographic description book, 5 Jul 1877-9 May 1879, No. 1888, p. 145, R5099.