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1878, Alfred Wright - Unfit For Publication
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The Sydney Morning Herald, Tue 27 Aug 1878 1

POLICE.
———◦———
CENTRAL POLICE COURT.
MONDAY. [26 August]

    (Before the POLICE MAGISTRATE, with Messrs Pearce, Hunt, Davies, Harris, and Kidd.)

    William [sic] Wright, charged by William McConnell with an unnatural offence, was committed for trial.

~ ~ ~ ~ ~

Depositions for Alfred Wright 18 Nov 1878 Sydney trial 2

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

Depositions of Witnesses.

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

The examination of Constable John Maguire of the Police Force in the Colony of New South Wales, William McConnell of Cook’s River, Quarryman and Myles Egan of Sydney in the said Colony, taken on oath this 25th day of August 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, two of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of Alfred Wright who is charged this day before us for the he the said Alfred Wright on the 25th day of August instant at Sydney in the said Colony, did feloniously make an assault upon the said William McConnell and then feloniously with the said William McConnell did commit and perpetrate the crime of buggery. 

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Alfred Wright

Assaulting William McConnell and upon him did commit the crime of buggery.

    Constable John Maguire on oath states: About half past 11 o’clock this morning I was in company with Constable Keating and arrested the prisoner in George Street by virtue of the Warrant which I now produce wherein he is charged for that he

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did at Sydney on the 25th instant assault William McConnell and upon him did commit and perpetrate the crime of buggery.
    In reply he said “I don’t understand you. I don’t know you the man at all.”

[Signed] John Maguire.

Sworn at Sydney this 26th August 1878 before.
[Signed] RA Hunt,  JP and John Davis,  JP.

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    William McConnell on oath states: I am a quarryman residing at Cook’s River.

    On last Saturday I came to Sydney to buy a tent.

    I know the prisoner.

    On yesterday I saw the prisoner at Wright’s public House [Huntsman Inn, publican, Alfred Wright], corner of [215] George Street West [late Parramatta Street – north side] and Bay Street, Sydney.

    I was boarding

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there. The prisoner is the landlord of the public house.

    Between 7 and 8 o’clock last night I came home in a cab and I lay down on a sofa in a parlour in the prisoner’s house. The prisoner asked me to go into one of the other parlours from out of the way of the people.

    I went into the other room at the suggestion of the

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prisoner and I lay down on a sofa.

    I had taken a good deal of drink. After I had been lying there for a while I was awoke by the prisoner kissing my face and my trowsers were unbuttoned when I awoke.

    I was lying on my back and when I awoke the prisoner was on top of me and he had his person in my

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posterior and he had hold of my person playing with it with his hands. The prisoner’s person entered my posterior and I called out and said that he was hurting me.

    I got up and walked away up Newtown Road and he followed me.

    When I jumped off the sofa the prisoner caught hold of me and

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wanted to keep me there.

    I paid the barmaid what money I owed.

    When I was leaving the house the prisoner carried my (?) and shirt for me and he said that he would find an omnibus for me.

    I went up the Newtown Road with the prisoner and when we got near Penney’s shop

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the prisoner said “Come in here,” pointing to a gateway, “it is softer walking in here”. I went with him and he put my hand against his person.

    I said that if I had a Constable I would give him in charge. I told him that he had a wife of his own and he said “Her thing is barred up and it is no good.”

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When I told the prisoner I would give him in charge, he walked away.

    I then went to McFarland’s public house and was put out from there after mourning (?) there for half an hour.

    I then went to the prisoner’s house and he pushed me into the same back parlour where I had been before.

    I got out of

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the back way and made a complaint to the Police, Constable Maguire.

    I did not make any complaint in the prisoner’s house to anyone there.

    I did not make any complaint at McFarland’s.

    I am suffering from the violence of the prisoner. 

    You asked me to go in the back.

[Signed] William McConnell.

Sworn, Sydney this 26th August 1878.
[Signed] RA Hunt, JP, John Davis, JP.

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    Myles Egan on oath states: I am a legally qualified Medical Practitioner.

    On this morning at about 1 o’clock I examined the prosecutor, he appeared to be a good deal under the influence of drink.

    I found his anus having an inflamed and red appearance. He had piles.

    He had 2 little excoriations in the

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skin just immediately above his anus.

    I found a little moisture on his person and I examined it microscopically, but up to the present time I have not found anything confirmating microscopically as to the offence of buggery being committed completed.

    By Bench: Such inflameness [sic] and redness may have been caused by penetration.

[Signed] Myles Egan.

Sworn at Sydney this 26th August 1878.
[Signed] RA Hunt, JP., John Davis, JP.

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    William McConnell recalled states:

    The room the prisoner showed me into was dark and there was not any light in it.

    There was light in the first parlour I went into, but not in the second one. The prisoner and myself were the only 2 persons in the dark parlour.

[Signed] William McConnell.

Sworn at Sydney this 26th August 1878.
[Signed] RA Hunt JP., John Davis JP.

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

Statement of the Accused.

New South Wales,
TO WIT.                 }

Alfred Wright stands charged before the undersigned one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 26th day of August in the year of Our Lord one thousand eight hundred and seventy eight for that he, the said Alfred Wright on the 25th day of August instant at Sydney, in the said Colony, did feloniously make an assault on one William McConnell and then feloniously did commit and perpetrate the crime of buggery 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, 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 and admission or confession of his guilt, but that whatever he shall say may be given in evidence against him upon his trail, notwithstanding such promise or threat; and the said charge being read to the said Alfred Wright, and the witnesses for the prosecution being severally examined in his present the said Alfred Wright is 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 Alfred Wright saith as follows:– “The prosecutor came to my house and asked for lodgings and I told him that I would give him a bed until Monday – he said that he it would do that he would go away on Sunday.

[Signed] RA Hunt JP.

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[Defendant’s statement continuing] Sunday evening, he took tea with me, and went away. He came back again in a cab beastly drunk – I showed him to his bedroom and he remained there till yesterday morning and went out before breakfast and came home the worst of liquor. He was about the house all the morning, had dinner with us, and

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went away after dinner – he came back again at about 8 o’clock at night very much the worst of drink. He asked the barmaid, 2 gentlemen and myself to have a drink with him.

    I went to the door to speak to a gentleman and left him in the room with the other people – the barmaid called me and

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said ‘This man is insulting me and everyone in the house’ – I went into the room and he was taking off his coat and wanted to fight one of my boarders. 

    I told him to clear out. I put him out of the room and told him to go and fetch his things down – he brought his things down and I said

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that I would go and see and find an omnibus for him. He asked me to have another drink and told me not to be cross – I told him that I wouldn’t serve him. I went across the street with him and carried his tent. I hailed an omnibus and found that it was a Newtown Omnibus. He then said that

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he would walk up the road and he shook hands with me and said “Good night”.

    About an hour and a half afterwards he came back again to my house and I told him that I couldn’t give him a bed. He then went out in the passage and I did not see him again till this

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morning.”

[Signed] Alfred Wright.

Taken at Sydney before us this 26th August 1878.
[Signed] RA Hunt, JP, John Davis, JP.

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    The prisoner is committed to take his trial at the next Court of Gaol Delivery
    Bail allowed, self, in £80-0-0 and 2 sureties in £40-0-0 and/or one in £80-0-0. Sydney 26th August 1878.

[Signed] RA Hunt, JP, John Davis, JP.

~ ~ ~ ~ ~

Information – (General Purposes.)

New South Wales,
TO WIT.                }

Be it remembered, that on this 26th day of August in the year of Our Lord one thousand eight hundred and seventy eight, at Sydney in the Colony of New South Wales, William McConnell of the district of Sydney appears before me, the undersigned, one of Her Majesty’s Justices duly assigned to keep the Peace of our Lady the Queen in and for the Colony of New South Wales, and on oath informs me, that on the 25th day of August in the year of Our Lord one thousand eight hundred and 78, at Sydney aforesaid, Alfred Wright feloniously did make an assault in and upon the said William McConnell and then feloniously with the said William McConnell did commit and perpetrate the crime of buggery contrary to the Act in such case made and provided; whereupon the said William McConnell prays that I, the said Justice, will proceed in the premises (?) According to law. [Signed] William McConnell. Sworn at Sydney in the said Colony, on the day first above written, before me.

[Signed] William (Doyle ?),  JP.

~ ~ ~ ~ ~

Warrant to Apprehend a Person Charged with an Indictable Offence.

To the Superintendent, a Constable in the Police Force for the Colony of New South Wales, and all other Constables in said Force.

Whereas Alfred Wright of the City of Sydney, in the said Colony, Publican hath this day been charged upon oath before the undersigned, one of Her Majesty’s Justices of the Peace in and for the said Colony of New South Wales, for that he, on the 25th day of August now instant, at Sydney aforesaid, in the said Colony, did feloniously make an assault in and upon William McConnell and then feloniously with the said William McConnell did commit and perpetrate the crime of buggery. These are therefore to command you, in Her Majesty’s name, forthwith to apprehend the said Alfred Wright, and to bring him before me or some other of Her Majesty’s Justices of the Peace in and for the said Colony, to answer unto the said charge, and to be further dealt with according to law. Given under my hand and seal, this twenty sixth day of August, in the year of Our Lord one thousand eight hundred and seventy eight, at Sydney, in the Colony aforesaid.

[Signed] William (?), JP.

~ ~ ~ ~ ~

Affidavit of Justification.

New South Wales,
TO WIT.                }

The Queen v. Alfred Wright.

Edward Anderson of Clarence Lane Sydney, in the Colony of New South Wales. Carpenter and Joiner and William Jordan of Surry Hills in the said Colony, who severally offered themselves as Bail for the above named Alfred Wright severally make oath and say: and first this deponent, the said Edward Anderson for himself saith, I am a carpenter and joiner residing at Clarence Lane, Sydney and am worth property to the amount of forty pounds over and above all my just debts and liabilities, and over and above every other sum of which I am now bail or surety; and this deponent, the said William Jordan for himself saith, I am a builder and contractor residing at Surry Hills in the said Colony, and I am worth property to the amount of forty pounds, over and above all my just debts and liabilities, and over and above every other sum for which I am now bail or surety. [Signed] Edward Anderson and William Jordan. Sworn at the Central Police Office, Sydney, in the Colony aforesaid, by the said Edward Anderson and William Jordan the 27th day of August in the year of Our Lord one thousand eight hundred and seventy eight before me, the undersigned one of Her Majesty’s Justices of the Peace in and for the Colony of New South Wales.

[Signed] (?), PM.

~ ~ ~ ~ ~

Recognizance of Bail.

New South Wales,
TO WIT.               }

Be it remembered, that on the 27th day of August, in the year of Our Lord one thousand eight hundred and seventy eight, Alfred Wright or Sydney, in the Colony of New South Wales, Publican and Edward Anderson of 39 Clarence Lane Sydney in the said Colony, freeholder and William Jordan, of 1 Chisholm Street, Surry Hills, in the said Colony, householder personally came before me, the undersigned one of Her Majesty’s Justices of the Peace for the said Colony, and severally acknowledged themselves to owe to our Sovereign Lady the Queen the several sums following (that is to say); the said Alfred Wright the sum of eighty pounds; and the said Edward Anderson and William Jordan the sum of forty pounds each, of good and lawful money of Great Britain, to be made and levied for their several goods and chattels, lands and tenements respectively, to the use of our said Lady the Queen, her Heirs and Successors, if he the said Alfred Wright shall fail in the condition endorsed. [Signed] Edward Anderson, Alfred Wright, William Jordan. Taken and acknowledged, the day and year first abovementioned, at the Central Police Office in the said Colony, before me.

[Signed] (?), PM.

~ ~ ~ ~ ~

Condition in Ordinary Cases.

The Condition of the within written Recognizance is such, that whereas the said Alfred Wright was on the 26th day of August instant, charged before RA Hunt and John Davis Esquires, two of Her Majesty’s Justices of the Peace for the said Colony, with sodomy. If therefore the said Alfred Wright will appear at the next Court of Gaol Delivery to be holden at Darlinghurst in and for the Colony of New South Wales, on Monday the 11th day of November next, at 9 of the clock in the forenoon, and then and there surrender himself into the custody of the Keeper of the Gaol there, and plead to such information as may be filed against him for or in respect of the charge aforesaid, and take his trial upon the same, and not depart the said Court without leave, – then the said Recognizance to be void, or else to stand in full force and virtue.

[Signed] (?), PM.

~ ~ ~ ~ ~

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

Recognizance to give Evidence.

New South Wales,
TO WIT.                }

Be it remembered, that on the 26th day of August in the year of Our Lord one thousand eight hundred and seventy eight John Maguire a Constable of the Police Force, and William McConnell in the said Colony of New South Wales, of Cooks River in the said Colony, Labourer personally came before me 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 endorsed.

[Signed] John Maguire, William McConnell.

Taken and acknowledged, the day and year first abovementioned, at Sydney in the said Colony, before me.
[Signed] RJ Hunt, JP.

The condition of the within written Recognizance is such, that whereas Alfred Wright was this day charged before RA Hunt, William Davis, John Harris Esquires three 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 11th day of November 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 Alfred Wright for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Alfred Wright then the said Recognizance to be void, or else to stand in full force and virtue.

[Signed] RA Hunt, JP.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Central Criminal Court
11th November 1878
No. 290 No. 1.
Depositions.
Regina
v. Alfred Wright (on bail)
Sodomy
Committed at Central Police Court
on 26th August 1878

~ ~ ~ ~ ~

Sodomy

29/8/78
[Initialled] WJF [William John Foster] AG

~ ~ ~ ~ ~

Justice WM Manning’s Notebook 3

148

November 18th 1878
No. 15, The Queen v Alfred Wright – Sodomy
Windeyer  for Defence

    William McConnell. Laborer – Lives near George’s River. I came into town on a Saturday in August to buy a tent.

    Prisoner is a publican – corner of Bay Street & Parramatta Street Newtown Road. I got off a bus.

    Prisoner & Policeman stopping at corner. Prisoner asked me where I was going to stop that night. I had been once at his house before to dinner –

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Constable and I went in & had a drink. Prisoner stood outside at (post ?). Before I came out prisoner asked me where I was going to stop that night. I said it was no odds to me.

    He said he had a nice bed room with only one man (?) myself & asked me if he should keep it. I agreed – went into town. Came back Bought my tent, knocked about the town, came back a while before 12. Had drunk more than was good for me: not know what I was doing.

    I stayed that night at prisoner’s & nothing happened.

    Next day stayed there till dinner & then went to Woolloomooloo. Came back about 7 or 8 pm, went into room behind bar. 3 or 4 minutes there – drinking. I went to lay down on so far. Prisoner said don’t lie there in front

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of the bar – he (would ?) shew me to a (better ?) place. He (shunted ?) me into another room – We I was not sober, rather stupid, as after drink.

    I lay down there on a sofa – dark – that room is a sort of dining room. When I lay down, I found prisoner on top of me – after 5 or 10 minutes after I had lain down.

    I had been dozing like – not asleep. Prisoner had his thing out & put it into my backside. My trowsers were pulled down. I had not pulled them down. They were not so, when I dozed off.

    He had hold of me with his hands. I jumped out & tried to get out. Door locked.

    I said Have you not a wife of your own, what are you doing this to me for.

    He hurt me by what he did. He said her thing was sewed up, it was no good.

    When I got out I asked for my bill & clothes. I paid 5/2, got tent & clothes.

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  Prisoner followed me – said he’d carry the tent & get a Newtown bus, that he & I would go & look for one in Parramatta Street.

    I said give me my tent & I’ll forgive you. He would not give me the tent – kept with me. Then he wanted me to walk up the Park in the university. We went in. He got hold of me again & wanted to push me off up the Park. He got hold of my hand & put it in his trowsers & put it on his person. I snatched the tent out of his hands & went out in the road. I think I told him I’d give him in charge to constable, something of that sort.

    I then went to Johnson’s Hotel, kept by McFarland.

    Went in & had a drink.

    McFarland was talking about wrestling. I said come out & I’ll

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show you about wrestling. He got me out & shut the door.

    I went back towards prisoner’s place. Went inside the door – as soon as I got inside door prisoner got hold of me. I went out – gave information to Police 12 or 1 at night – after that I went to Dr Egan. Police fetched me there. Dr Egan examined me.

    Cross-examined by Windeyer. I was drinking pretty much on Saturday. It was about 5 o’clock when I went to prisoner’s. Was not sober nor drunk, asked for tea – can’t say whether the barmaid said I could not have any.

    There were three people I think in the room prisoner took me (into ?) – can’t say who they were – 2 or 3.

    When he did what I said I was lying partly on belly & partly on side. The first thing I noticed when I awoke was that his person was in me, right in me.

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    I don’t think I stated until today that the door was locked.

    I said before that I got up – said the same at Police office as now.

    I was lying on my face when I awoke. It was when I lay down that I was partly on my side.

    I did not call out. I said you beggar you – you’ve got a wife of your own what do you want me for. Then he replied (as information).

    I then called the barmaid for my bill.

    One of the two or three men was an engineer whom I had seen at Warwick once.

    I did not see the men when I came out.

    The barmaid did not on Sunday evening refuse to give me drink. I never in my life have been used to use foul language.

    I don’t recollect a person at (?)

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refusing to speak to me.

    I did not call the barmaid when she refused me drink. She did not call in her husband in & complain of me. I did not want to fight.

    Mr Wright did not say he would not have that sort of thing in his house on a Sunday night & put me out. He went with me.

    He did not only just go to the door. He went into the paddock, not far. I would not go up.

    Can’t say at what hour I got to McFarland’s. Was not refused drink there. McFarland served me. It was a glass of rum. I am sure of that. I don’t know that there was a boy there.

    They did not refuse me drink & I did not get violent & use foul language there.

    I did not tell the boy I break his b----y neck if he did not give me drink. Mr McFarland did not

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(put ?) me & say he would not have such rows on Sunday night. I did not offer in the house to fight. Did not pull of coat & necktie. Offered to wrestle. Did not throw necktie on floor. Mr McFarland did not shut the door after me after I went out. I left my scarf with (shirt ?) bundle inside. I did not take any thing off.

    I saw Mr McFarland about a couple of days after. I called for my tent & scarf & shirt – this was after I had been at Police office about Wright.

    I told him I had got a warrant for (serving ?) me like a woman. Mr McFarland said “The scoundrel it served him right”. Did not say I had not told him the other night.

    Deposition read.

    I don’t know that I said prisoner was kissing my face & I was lying on

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my back with his person in my backside or with his hands on my person.

    I was lying on my face & my legs pulled off the sofa.

    These are my signatures (to depositions) (also to another short deposition).

    When I went to McFarland’s I had a new scarf tied round tent & new shirt.

    I left all together on ground when I got the drink.

    I went to the Doctor one or two o’clock in the morning.

    Dr Egan. Police surgeon. Monday morning in August at about 1 am the prosecutor was brought to me by Police. I examined his anus. He was the worse for liquor but was fully rational. I found the anus with redness about margin of anus. Two

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slight cracks in other (?). He had piles, haemorrhoid – & slight moisture about the anus. Examined the moisture & found it (indicating ?) mucus – from piles.

    The cracks had nothing to do with the piles – The soreness & redness might have been caused by piles – or by violence such as is charged in this case.

    Constable John Maguire. I arrested prisoner on warrant for assault & buggery.

    He said I don’t understand you. I don’t know the man at all.

    Cross-examined by Windeyer. He was walking in (?) street. He said Wright is my name. I’ll come with you – the case was heard morning (after ?). I have known prisoner 12 (months ?).

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Don’t know anything either for or against his character.

For Defence.

  Alexander Boyd. (Senior Constable ?) Have known prisoner 5 or 6 years. Married man I believe. Always very good character.

    Alexander Pirie. (Sergeant ?) of Police. Known prisoner about 4 years. Always very good character so far as my observations went. Is a married man living with his wife.

    Written character by JP Blair 223 Kent Street put in by counsel.

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    (Hyam ?) Joseph. Insurance Agent. Have known prisoner 2 or 3 years, always bore a good character.

    Written character from (Tooth & Co ?) for 6 or 7 years written by Mr Mitchell.

    (Charles Mossman ?) Knew prisoner quite 5 years. Excellent character so far as I have known.

    William Searle. Knew prisoner 4 or 5 years. Character always very good. Business with him – very honest & upright. (Reputation ?) (?) Last man in the world I should suspect this crime of.

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    William Moir. Builder &c. Have known prisoner 4 or 5 years. One of the most respectable & reputable men I have known in Sydney.

    Annie Say. Married. Act as barmaid at prisoner’s. He is married. Wife living with him. Takes boarders. I recollect McConnell coming there. Did not know his name. Have no recollection of seeing him before. He came on a Saturday. He was drinking there on that day in the evening. He staid that night. Next day began drinking again before I was up in the morning. I saw him first about ½ past 7 am. Slept that night in a room where another man slept also.

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    Went out. Came back at 20 minutes to 8 pm. He said he wanted tea. I said too late. Said he must be (too ?) drunk to eat – (?) he had some & beer, was in liquor then. After this he came into the bar parlor [sic] opening off the bar. I was in the bar. Door open to parlor.

    The down stairs were lit up with gas that night. My husband was in bar parlor & I don’t think any body else – but not sure. Mr Wright was at the door. Prisoner [sic] wanted more liquor. I gave him some. He went out – & came in again and wanted more – & (turned ?) inclined to be quarrelsome. I refused. He called me names – foul name. My husband (?)

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up – & said I was his wife & he would not allow him to insult me. He took off his coat to fight. I called Mr Wright. Mr Wright came in & said he would have no row in his house, especially on Sunday night – & ordered him out of his house – & he said he wanted his (swag ?) – I got it & told him he owed 5/- & he paid it.

    Mr Wright took hold of him & pushed him out of the door.

    Mr Wright was not out of the bar more than 2 or 3 minutes.

    During the whole time he was there except when he got something to eat he was not out of my sight or my husband’s – He got what he had in the dining room opposite the bar parlor – It was lit up.

    All the rooms below lit up. I think a little after 9 when he was pushed out.

    He might be about an hour in the bar parlor after he got his supper,

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talking & sitting down & walking in & out – He was in my observation all the time.

    Cross-examined by Want. He was in liquor, but knew what he was about (possibly ?). I gave him drink after that to keep him quiet – He was very noisy. I knew the public house supposed to be kept closed after 1 on Sunday. Still our rooms were all lighted up – light enough to see about you.

    There is no parlor bar back towards yard. The back parlor dining room is opposite to back parlor – passage between. I was in bar all the time. It is my duty to watch the rooms & see what people go in. I did not watch him particularly. He lay on sofa – I several

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times saw him go out of front door for a short time & back again.

    The door was shut. He opened it each time. Can see it from bar. Goes down a passage to front door. I have not talked this case over with the prisoner.

    Am still in the house.

    William M Say. Husband of last witness. Was in the sitting room by bar when prisoner [sic] there. He was laying drunk on sofa when I came in. Probably half an hour when he woke up. Asked my wife for a drink. She refused. He called her a b----y whore. He pulled off his coat to fight me. She called Mr Wright in. He said he did not want any fighting.

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    Then he said there was a bundle & wanted it. My wife went up with him to get it. Bundle got. Mr Wright took him to door to get a bus. Was not 3 or 4 minutes out – & never left the front door. – Not time for him to cross the street. Not to go to the Park. He never left the side walk. I could not tell you whether he had his tea. He was laying on sofa when I came in. Never out of my sight. Mr Wright was in the (?) room (?) (lit ? let ?) that down. My wife refused the drink because he had enough & it was Sabbath night. From the time he got up I did not see him go out of front door – only left to go

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for his clothes. The Park – university paddock 200 or 300 yards off to gate way.

    Joseph McFarland. Hotel Keeper Newtown Road. Known the prosecutor by sight. Came to my house one Sunday night at 20 to a quarter to 9 pm. He asked for a drink. I said he had quite enough. He said he must have a drink, wanted beer – I refused, gave him shandy (gaff ?).

    Ordered boy not to serve him any more. He insisted on drink from the young man. He said If you don’t serve me I’ll wring your b----y neck off. Boy came to me & asked – & I said not to serve him. Boy told him so. He came into my parlor to get to

167

bar. I told him he was out of my place. He said he wanted drink & if he did not get it he would wring his neck. I said you’ll have to wring mine too. With that he took a long scarf off his neck & threw it down. Wanted to fight. I said not in house – plenty of room in university paddock.

    Got him out & shut the door. I did not want to wrestle. He made no complaint against any one. I tied scarf round his bundle. He made no noise after he went out. Went off. I saw him on Monday at 1.30. I took the scarf. On Monday he said Mac I’ve got a warrant out for you. What for? For putting me out last night & detaining my (?).

168

    Carman said he had left it at another place & prisoner [sic] (seemed ?) (concerned ?) – Then prisoner [sic] said that I have not got a warrant for you – but I have for Wright & I’ll not give him less than 15 years for what he did last night. I told him he must be out of his mind – as he had come to my place & said nothing. I did not say D-----d scoundrel it served him right.

    I [Judge Manning] asked the Jury if they wanted any more.

Verdict Not Guilty. 

On the discharge of the prisoner I told him that he left the Court without a stain upon his character.

~ ~ ~ ~ ~

The Sydney Morning Herald, Tue 19 Nov 1878 4

CENTRAL CRIMINAL COURT.
MONDAY. [18 November]
(Before his Honor Sir WILLIAM MANNING Manning.)

    The Court resumed at 10 this morning.
    Mr Bennett put in an affidavit in support of an adjournment of the case of the Queen v. Johanna Crawshaw until the following day.
    Mr Want prosecuted for the Crown.

UNNATURAL OFFENCE.

    Alfred Wright was charged with committing the above offence on the person of William O’Connell.

    He pleaded not guilty and was defended by Mr Windeyer instructed by Mr Driver.

    Witnesses as to the character, which were all very favourable, were put in, and after Mr Windeyer had examined several witnesses at his Honor’s instigation, the jury stopped the case and acquitted  the prisoner. His Honor adding that the prisoner left the dock without any stain on his character.

    The Court then adjourned until this day (Tuesday) at 10 o’clock.

    The following jurors were fined 40s. each for non-attendance at Darlinghurst, this morning:– Gustav Bucham,  95, George-street; James Sharp,  Castlereagh-street; FW Binney,  St Leonard; Henry Dawes, Lane Cove; and Andrew Drysdale, Edgecliffe [sic] Road.

 


1  The Sydney Morning Herald, Tue 27 Aug 1878, p. 6.

2  SRNSW: NRS880, [9/6623], Supreme Court, Papers and depositions, Sydney, Nov 1878, No. 290. Emphasis added.

3  SRNSW: NRS7332, [2/5898], Judiciary, WM Manning, J. Notebooks Darlinghurst Criminal, 1876-81, pp. 148-168. Emphasis added.

4  The Sydney Morning Herald, Tue 19 Nov 1878, p. 7.