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1878, Aaron Anderson - Unfit For Publication
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Aaron Anderson and William Augustine, 1878 

 

Newcastle Morning Herald and Miners’ Advocate, Fri 2 Aug 1878 1

NEWCASTLE POLICE COURT.
————
THURSDAY, AUGUST 1, 1878.
————
(Before Lieutenant-Colonel Maunsell, PM.)

UNNATURAL OFFENCE.

    William Agostna [sic] and Aaron Anderson were committed to take their trial at the next Circuit Court, to be held at Maitland in October next, for an unnatural offence in the lockup on the previous night.

    The court then rose.

~ ~ ~ ~ ~

Depositions for Aaron Anderson and William Augustine 21 Oct 1878 Maitland trial 2

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

Depositions of Witnesses.

PC No. 78/944-45

Attorney General Department, NSW                                                                            

New south Wales, Newcastle
TO WIT.                               }

Regina v. Aaron Anderson and William Augustine
Sodomy

The Examination of Harry Mundy of Newcastle in the Colony of New South Wales, a Constable in the Water Police of said Colony. Taken on oath this first day of August 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 for the said Colony, in the presence and hearing of Aaron Anderson & William Augustine who is charged this day before me for that they the said Aaron Anderson   and William Augustine   on the thirty first day of July AD 1878 at Newcastle in the said Colony were, severally & respectively, guilty of “Sodomy” 

[Signed] P Maunsell  Lt Colonel PM

1

    Harry Mundy on oath states: I am Constable in the Water Police of the Colony. I am stationed at Newcastle. I was in charge of the Lock up here (Newcastle) from 8 pm yesterday (Wednesday, July 31, ‘78) till 8 am this morning (Thursday, Aug 1, ‘78). I know both the prisoners by their being lock up last night. One of the prisoners (Aaron Anderson) was in one of the cells last night, when I took charge, for being drunk & disorderly. The other prisoner (William Augustine) was brought in at 9 pm last night for being drunk & disorderly in a Public Street in this City. He was drunk at the time of being brought in, but not so drunk as not to know what he was doing. I put him in the same cell as Anderson was confined in.

2

Anderson, when I put Augustine in, appeared to me to be asleep. He had no blanket on him then. The prisoners were locked up in the first cell in the right-hand passage. There are two doors in the cell, one an ironed grated (the inner) and wooden one (the outer) this latter was not closed. I sat at the table writing opposite to this cell and heard something. I heard some noise in this cell, I went to the door, and asked if all was right. Both prisoners then appeared to be sound asleep. The blanket I gave to Augustine on locking him up, was over the lowest part of the bodies of both prisoners. This was when I looked thru’ the door and asked if all was right? I returned to my place at the table, thinking all was right. I heard a noise again from the cell, as if of quick breathing and immediately rushed into the cell, pulled the blanket

3

off the prisoners, and I then saw Anderson with his trowsers undone and below his knees, with his face towards the wall, and his backed turned to the other prisoner (Augustine) who also had his trowsers undone all down the front but not so law down as Anderson’s. Augustine’s trowsers were open up front his shirt turned up, and his person exposed and he was as close up, at this time, to Anderson, as he could get facing Anderson’s back. Augustine was not in the act of having connexion with Anderson exactly when I pulled off the blanket off both; they had time to separate while I was unlocking the door (inner). There was an erection of Augustine’s person. I at once put Augustine into another cell. I said to him “what business do you call that?” He did not reply, nor did he say anything when I charged him this morning.

4

The other prisoner (Anderson) said “if I thought that fellow (Augustine) unbuttoned my trowsers I’d smash his head!” Anderson was sober when he said this. He said he had been asleep. I told him he had not, as I had noticed him for the past half hour. When I first unlocked the cell was going into the cell, the second time Anderson was lying on his side, but by this time I had got in, he had turned upon his back. – Immediately before I went into the cell the last time I observed Augustine lift his head & look towards me.

[Signed] Harry Mundy

Taken and sworn at the Police Court, Newcastle, in the Colony of N. S. Wales, this 1st day of August 1878, before me.
[Signed] P Maunsell Lt Colonel PM

~ ~ ~ ~ ~

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

Statement of the Accused.

PC No. 78/944-45
Regina v. “Anderson & Augustine Sodomy

New south Wales, Newcastle
TO WIT.                               }

Aaron Anderson & William Augustine stand charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this first day of August in the Year of Ouyr Lord One thousand eight hundred and seventy eight for that they, the said Aaron Anderson & William Augustine on the twenty first day of July AD 1878 at Newcastle, in the said Colony, were severally and respectively guilty of Sodomy and the examination of all the witnesses on the part of the prosecution having been completed, and the depositions taken against the accused having been caused to be read to them 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 then clearly to understand that they has [sic] nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to them to induce them to make any admission or confession of their guilt, but that whatever he [sic] shall say may be given in evidence against them upon their trial, notwithstanding such promise or threat; and the said charge being read to the said Aaron Anderson and William Augustine and the witness for the prosecution Harry Mundy being severally examined in their presence, the said Aaron Anderson & Wm Augustine are 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 Aaron Anderson saith as follows:– “I was drunk and asleep, and awaked by feeling someone loose my trowsers and feeling, feeling [sic] – groping & pulling me round; and the said William Augustine saith as follows: “I did not kill or steal, – I was only drunk.”

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

~ ~ ~ ~ ~

Committal for Trial

    Committed to HM Gaol at Maitland: The accused – Aaron Anderson & William Augustine, are hereby committed, severally and respectively, to take their trial upon the charge of “Sodomy” at the next Court of Gaol Delivery to be holden at Maitland in the Colony of N. S. Wales, on Tuesday the 15th Oct next.

By me at the Police Court Newcastle, in the aforesaid Colony, this 1st day of August ‘78.
[Signed] P Maunsell Lt Colonel PM.

~ ~ ~ ~ ~

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

Recognizance to give Evidence.

PC No. 78/944-45
Regina v. Aaron Anderson and William Augustine “Sodomy

New south Wales, Newcastle
TO WIT.                               }

Be it Remembered, That on the first day of August in the year of Our Lord One thousand eight hundred and seventy eight Harry Mundy a Constable of the Police Force, of Newcastle in the Colony of New South Wales, of in the said Colony, and of in the said Colony of personally came before the undersigned, one of Her Majesty’s Justices of the Peace for the Colony fo New South Wales, and acknowledged themselves himself 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 Lady the Queen, Her Heirs and Successors, if they the said before-mentioned persons 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 Aaron Anderson & William Augustine was were 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 for the Colony of New South Wales, on Tuesday the fifteenth day of October next, at Nine of the clock in the forenoon, and then and there give such evidence as they know, upon an Information to be then and there preferred against the said Aaron Anderson & William Augustine for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Aaron Anderson & William Augustine

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 Committal for trial.
III  Recognizance of witnesses for prosecution to give evidence at trial at CC Gaol Delivery at Maitland on Tuesday 15 October ‘78.

~ ~ ~ ~ ~

Cecil B Stephen
21 Oct 78

Maitland Circuit Court                                                                                                          

Anderson & Augustine
Unnatural offence

    The interpreter (Stipvitch) applied to Mr Lett & myself for an increased fee in this case in consequence of the nature of the offence. He demanded a fee of £3.3.0 for this day’s service in addition to 30/- per (desin ?) for the other days of the sittings during which he has been in attendance.

    Neither Mr Lett nor myself were prepared to undertake the payment of this charge, but owing to the impossibility of getting another interpreter who could speak Italian, and Stipvitch refusing to act without the increased fee, I finally undertook to recommend payment of the amount demanded to the proper authorities, leaving it to them to decide whether it could be allowed.

    Stipvitch on this recommendation being promised undertook to act as interpreter.

[Signed] Cecil B Stephen

~ ~ ~ ~ ~

Charles Thorpe, Police Sub Inspector
East Maitland, 21 October 1878

Memo

Cecil Lett
    By order of the Inspector General of Police Nicolas Stipvitch was engaged by me to act as interpreter in the French and Italian languages at the Circuit Court. He (assisted ?) Maitland at the rate of Thirty shillings per day, commencing on Tuesday the 15th October instant, and one second class pass by train from Newcastle to East Maitland.

[Signed] C Thorpe

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

CC Maitland
15 October 1878
No. 265
Depositions.
Regina No. 4
v.
Aaron Anderson and William Augustine
Sodomy
Committed at Newcastle
on 1 August 1878

~ ~ ~ ~ ~

Sodomy

9/8/78 [initialled] W[illiam] J[ohn] F[oster] AG

~ ~ ~ ~ ~

The Maitland Mercury and Hunter River General Advertiser, Sat 12 Oct 1878 3

MAITLAND CIRCUIT COURT.
————

    The October sittings of the Maitland Circuit Court will commence at East Maitland on Tuesday next, before his Honor Mr Justice Faucett. Below we give a list of the prisoners who are at present in custody awaiting their trial by the next Court. We are unable to give the names of those on bail, but will get them for our next issue if possible:—

    Edward Weir, inflicting previous bodily harm, Newcastle bench.
    John Andrews, unnatural offence, Newcastle bench.
    Benjamin Kenwood, breaking and entering; Newcastle bench.
    Agostine Villans; alias William Augustine, unnatural offence; Newcastle bench.
    Eliza Jones, infanticide; Dungog bench.
    Henry John Randall, false pretences; Newcastle bench.
    John Edwards, George Wilson, and John Rash, breaking and entering; West Maitland bench.
    Emil Manton, stealing money; Newcastle bench.
    Peter Duffy, wounding with intent; Cooranbong bench.
    William Roberts, rape; West Maitland bench.
    Aaron Anderson, unnatural offence; Newcastle bench.
    Andrew Johnston, wilful murder; Newcastle bench.
    Henry Perry, wilful murder; Coroner’s warrant, and also by the Newcastle bench.

~ ~ ~ ~ ~

Justice P Faucett’s Notebook 4

35

[Maitland, Monday 21 October 1878]

Queen v
William Augustine and Aaron Anderson

    Harry Monday examined by Stephen. Water Police Constable at Newcastle. On 31 July I had charge of the lock-up. Wednesday – I know prisoners – Anderson was in the lock-up when I took charge at 8 o’clock. Augustine was brought in at 9 o’clock for being drunk and disorderly.

    I gave Augustine a blanket.

    He was under the influence of drink.

    The other man I did not notice what state Anderson was in – They were both in the same cell – two doors to the cell – an inner door – which was left open – and another door.

    I was writing at a desk. I heard a slight noise. I went to the cell – from (?) I asked if they were all right.

36

    There was no reply – they were close together – as drunken men generally are – I sat down and began to write again.

    In about 10 minutes I heard some very thick breathing and I jumped up and went to the cell. I could see them without getting up.

    I went at once into the cell – and pulled the blanket off. Anderson was lying on his back with his trousers down – and person exposed.

    Before I went in (they ?) were lying down – Anderson on his right towards the wall – Augustine on his right side also – facing Anderson’s back. Anderson’s trousers was down and his shirt up – Augustine was close up to Anderson with the front of his trousers open. His person was exposed – both of them – For a moment they did not appear to be awake.

    I said what business do you call that – Anderson turned from his right side on to his back – the other lifted his head – no use in pretending to be asleep. I said I have been looking at you for ½ an hour – I did not see Anderson do anything until the other one went in – I said

    Cross-examined by Augustine. He was drunk. Locked up at 9 o’clock. Anderson was locked up at 5 o’clock.

    I believe Anderson was asleep when the other was put in – as I did not hear him all the time I was there. Some slight noise caused me to look at first.

    Cross-examined by Anderson. You said (if ?) you (knew ?) the other man (took ?) your trousers [sentence incomplete].

Not Guilty 

~ ~ ~ ~ ~

The Maitland Mercury and Hunter River General Advertiser, Tue 22 Oct 1878 5

MAITLAND CIRCUIT COURT
MONDAY, OCTOBER 21, [1878]

    The Court re-opened at ten o’clock.

UNNATURAL OFFENCE.

    Aaron Anderson and William Augustine were charged with that they did at Newcastle, on the 31st July, the one commit and the other permit an unnatural offence. The prisoners pleaded not guilty and were undefended. One of the prisoners was an Italian. The interpreter engaged previously, Nicholas Steipwitch, declined to interpret the case unless his fee were increased. Another case was taken to allow the Crown to come to some arrangement.

UNNATURAL OFFENCE.

    The case against Aaron Anderson and William Augustine was then proceeded with. One of the prisoners [Augustine] was an Italian, the other a Swede. Nicholas Steipweitch [sic] interpreted on behalf of the Italian. The Swede in very good English asked for the services of an interpreter, but one was not granted as it was understood that he spoke very good English, and also that one could not be obtained.

    The Crown Prosecutor briefly opened the case to the jury.

    The evidence was to the effect that on the 31st of July one of the prisoners was placed in a cell at the Newcastle lock-up, on the charge of being drunk and disorderly; at a later hour, the other prisoner was placed in the same cell, and a blanket given to him. The other prisoner had no blanket, the person who took charge said he did not know the prisoner who was in previously had not one. The lockup-keeper, Harry Munday, stated that he observed the two prisoners lying close together as drunken persons usually do. The witness could see the prisoners in the cell, and, hearing a slight noise, he looked in, and saw the prisoners in the same position. The witness was writing, and could see in the cell from where he was writing. He heard someone breathing heavily, and ran into the cell. (He described the position he found the prisoners in.) The cell was six feet wide. The night was a cold one.

    His Honor said to the jury it was possible that something was wrong, even probable, but they could not find them guilty on a mere probability. He asked them if it was necessary to hear the prisoners’ statements.

    The jury brought in a verdict of not guilty without asking the prisoners for their defence.

His Honor recommended both prisoners to go on board their vessels at once.

~ ~ ~ ~ ~

Newcastle Morning Herald and Miners’ Advocate, Tue 22 Oct1878 6

MAITLAND CIRCUIT COURT.
————
(FROM OUR OWN REPORTER.)

THE above Court re-opened yesterday morning at 10 o’clock, before Mr Justice Faucett.

UNNATURAL OFFENCE.

    William Augustine and Aaron Anderson were charged with committing the above at Newcastle on the 31st July last.

    Pleaded not guilty, and were undefended.

    One of the prisoners being a foreigner, the interpreter Steipwitch declined to act, as the fee allowed was not sufficient for him.

    Prisoners were remanded.

    The prisoners, Aaron Anderson and William Augustine, were next dealt with. After hearing evidence, the jury returned a verdict of not guilty.

 


1  Newcastle Morning Herald and Miners’ Advocate, Fri 2 Aug 1878, p. 2.

2  SRNSW: NRS880, [9/6630], Supreme Court, Papers and depositions, Maitland, 1878, No. 265. Emphasis added.

3  The Maitland Mercury and Hunter River General Advertiser, Sat 12 Oct 1878, p. 6. Emphasis added.

4  SRNSW: NRS5927, [2/3939], Judiciary, P Faucett, J. Notebooks Circuit Courts, 1866-87, pp. 35-6. Emphasis added.

5  The Maitland Mercury and Hunter River General Advertiser, Tue 22 Oct 1878, p. 4. Emphasis added.

6  Newcastle Morning Herald and Miners’ Advocate, Tue 22 Oct 1878, p. 3.