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1882, Gilbert Evan Adlard - Unfit For Publication
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Below also see: Gilbert Evan Adlard, 1893

 

The South Australian Advertiser, Tue 4 Jul 1882 1

NEW SOUTH WALES.
(FROM OUR OWN CORRESPONDENT.)

Sydney, July 3.


    Gilbert Evan Adlard, a passenger by the East Lothian which arrived from London on Sunday, was charged at the Water Police Court with committing an unnatural offence on a cabin boy during the voyage. He was remanded, so that he might call witnesses, as he declared the charge was false.

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The South Australian Advertiser, Sat 8 Jul 1882 2

NEW SOUTH WALES.
(FROM OUR OWN CORRESPONDENT.)

Sydney, July 7.


    Gilbert Evan Adlard, a passenger by the East Lothian, from London, has been committed for trial for an unnatural offence upon a cabin boy during the voyage.

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The Sydney Morning Herald, Sat 8 Jul 1882 3

WATER POLICE COURT.
Yesterday, Mr J[ohn] M[ilbourne] Marsh SM., presided.


    Gilbert Evan Adlard was charged with having committed an offence on board the vessel East Lothian, whilst on the passage from London to Sydney. He was committed to take his trial at the next Court of gaol delivery.

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Depositions for Gilbert Evan Adlard 10 Aug 1882 Sydney trial 4

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Water Police Court, Sydney

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

Depositions of Witnesses.

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

The examination of George Turner a Constable of the Water Police Force, Sydney, in the Colony of New South Wales, of James Carse Master of the British registered ship East Lothian now in Port Jackson of Charles Arnall aged 13, March 4th, 1882, passenger per said ship, of Charles Reginald Poole, passenger per said ship, of Henry Richard Sumpner, and Apprentice on said ship; and of Isaac John Robbins also a passenger per said ship, but all now of Sydney, in the said Colony, taken on oath on the 3rd, 4th and 7th days of July in the year of Our Lord one thousand eight hundred and eighty two at the Water 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 Gilbert Evan Adlard who is charged this day before me, for that he the said Gilbert Evan Adlard did, on the 16th day of May, 1882, on board of the British registered ship “East Lothian” then on the high seas, wickedly and feloniously and against the order of Nature have a venereal affair with said Charles Arnall and with said Charles Arnall did then and there perpetrate and commit the abominable crime of sodomy. 

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Gilbert Evan Adlard 

feloniously and against the order of Nature commit sodomy with one Charles Arnall on board the vessel “East Lothian” on the passenger from London to Sydney on 16 May, 1882. 

    Water Police Constable George Turner being duly sworn on oath states as follows: The

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British registered ship “East Lothian” arrived in Port Jackson in this Colony on Sunday evening 2nd July 1882 and at about 10 o’clock the same evening the prisoner was given into my custody on board that vessel on above charge. He was then a passenger on board locked up in a cabin by himself. The Master of the Ship James Carse gave the prisoner in charge. The

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Captain said to prisoner “I give you in charge for committing sodomy on board my ship during the voyage and on or about 16th May.” Prisoner said to the Captain “All right.” When brought on shore and charged at the Police Station he made no replies. The Captain said “The boy’s name was Charles Arnall. The prisoner was a Second Class passenger on board. The boy Charles

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Arnall was a Cabin Boy Second Class passenger also a boy of about 13 years of age.

[Signed] George Turner.

Sworn at Sydney 3rd July 1882.
[Signed] John Milbourne Marsh, PM.

    Remanded till tomorrow for evidence.
[Signed] J Milbourne Marsh, PM.

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    James Carse on oath states. I am Master of the British registered ship East Lothian now in Port Jackson. We arrived in Port Jackson from London on Sunday evening and I gave prisoner into custody immediately after arrival on the charge of having committed sodomy during the voyage on board my ship with a boy aged about 13 – named Charles Arnall (now in Court.)

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Both were second class passengers on board my ship. On the 16th May 1882 two second class passengers named Poole and Robbins gave me certain information and the boy Charles Arnall also told me something – and in consequence of the information I there received I put prisoner into irons and confined him in his cabin. The prisoner cried and offered me one hundred pound not to put him in irons. He denied the charge. I made certain entries in my

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official log (produced). I kept him in irons excepting for four hours each day when I let him out for exercise on deck until 7 June 1882. After that date I locked him up in his cabin at 9.30 pm each day. I read the statement which I entered in my official log over to this prisoner. He made no reply. In consequence of what the boy told me I gave him certain medicines. The statements that were made to me by Reginald Poole, Isaac Robbins and Charles Arnall I entered in my official Log and read them

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over to prisoner (Official Log produced, but not put in or read in Court)

[Signed] James Carse.

Sworn at Sydney 4 July 1882.
[Signed] J Milbourne Marsh, PM.

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    Charles Arnall on oath states I was 13 years old on 4th March 1882. I came out as a Second Class passenger on the East Lothian. I and two brothers and one sister were on board. The prisoner was a passenger on board. In the month of April last prisoner said to me that he wanted me in his cabin, which was the next cabin to mine. I went in, it was in the afternoon. He shut the door and fastened it with a bolt. He then said that I was a very naughty boy – and that he would

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smack my bottom for me. He took down my trousers and spanked my behind and rubbed it with his fingers and pushed his fingers in my backside; and then he took out his privates and tried to push it in my body but he could not. He then told me to button up my trousers and go; and that if I told anybody he would murder me. He then opened the door and went out. The next time was about a week and he said he wanted me in his cabin again; and I would not go; and he was going to

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hit me. At last he got me in. He then fastened the door and took down my trousers again and spat on my behind part and rubbed it – and pushed his finger in – took out his person and began to tried to push that in. I told him it was hurting me, and he said “No it won’t hurt you” and began pushing again. At last he pushed it in a little. It hurt me so much I tried to scream out but could not. Then he took it out again – and told

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me to button up my trousers and then he said that I could go. A fortnight afterwards he was on the roof fishing. He took up his line and told me to take it down for him and he would give me a penny. He said he was going down to go to sleep. The steward took the line from me and I went in to prisoner’s cabin and told him. He closed and bolted the door and took out his privates and told me to suck it; but I would not. He tried to make me suck it; and Mr Robbins came to the

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door and went away again. Prisoner then caught hold of me and tried to force my mouth down to his privates; and Mr Poole came in and caught him and I went out – Mr Poole took me to the Captain and made a complaint to him – what I said was written down – and read to prisoner. The Captain heard what I had said read out to prisoner in the evening in the Captain’s cabin.

    To JM Marsh, SM: The prisoner assaulted me in this way three times. First before we crossed the line, second a week afterwards, third more than a fortnight after. I told one of the apprentices I could not scream out, I was

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frightened. He said he would murder me. He said he would throw me overboard. He had a berth in Mr Poole’s cabin. There were 3 bunks or berths in that cabin. Two Mr Poole’s, one atop of the other and prisoner’s across. Once he laid me down in his berth. He lifted me in and put his rug over me. That was the second time. He did not get into the berth that time. He was lying in his berth, the 3rd time and I was standing on the deck of the cabin. I was never in his berth when the assaults

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were committed. He put me into the bunk to prevent anyone seeing me but no-one came in. He got my head into his bunk where he was lying down and trying to make me suck his privates. I did not tell my Aust. I thought she would not like it. He did not give me the penny. I did not complain to the Captain of being unwell. The Captain gave me something to drink and I felt unwell the next day. I felt sore for a week after the second offence. I refused to go in the second time. He coaxed me,

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threatened me that he would cut my ear. I was at school at Redrush Cornwall England. There were forty boys there. I never saw such a thing practised before; never heard of it. I told him I would tell Mr Poole the second time, I did not the first time. I did not hear Mr Robbins or Mr Poole examined in the presence os prisoner. I did not see any evidence taken down. After he had done it the second time prisoner said to me “Mind you don’t tell anybody.” I said “All right.” He said he would murder me before that. After the third time he was in custody Mr Poole saw my head under

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the rug. I say that because he told me so.

[Signed] Charles Arnall.

Sworn at Sydney 4 July 1882.
[Signed] J Milbourne Marsh, PM.

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    Charles Reginald Poole on oath states: I was a passenger on board the East Lothian same cabin as prisoner and my brother Frederick William Poole. On May 16 1882 Mr Robbins told me something. I went in consequence to my cabin. I opened the cabin door quickly. As I went in I saw the boy Charles Arnall standing on the cabin floor with his head under a rug in prisoner’s berth. As I went in the rug came suddenly off the boy’s head and I saw prisoner’s private parts very plainly. Prisoner 

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was lying in the bunk which was athwart ship. The rug covered the boy’s head and prisoner’s person. The boy’s head was within a foot of the prisoner’s private parts. The boy’s head was above the bunk leaning over it. From what I had heard from Mr Robbins I was prepared. I said “Hello, what’s up here?” Prisoner said “Nothing; the boy has brought down my fishing line.” As I went in and saw prisoner’s private parts prisoner covered the rug sharply over himself and the boy walked out of the cabin looking confused and Mr Robbins came down. I went after the boy and questioned

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him and he told me something. I wrote down what he told me and I wrote down my own statement and gave both of them to the Captain. Prisoner asked me what I was going to say and I told him I was going to tell the truth. Prisoner asked me if I was going to accuse him of sodomy and I said “Certainly not.” Prisoner asked me if he gave him me a Bible could I swear that he was going to commit sodomy and I said “No.” The Captain had a meeting of the passengers and made certain statements

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and the prisoner was put into irons. He was released from irons about three weeks afterwards.

    Mr Cooke: I went prepared to see something. I went to find out something. I did not expect to see prisoner in the position he was. I was pretty good friends with prisoner previously.

[Signed] C Reginald Poole.

Sworn at Sydney 4 July 1882.
[Signed] J Milbourne Marsh, PM.

    Remanded till Friday.

    Bail refused.
[Signed] J Milbourne Marsh, PM.

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    Henry Sumpner on oath states: I am an apprentice on board the East Lothian. Prisoner was a 2nd class passenger on board. This boy Arnall was also a passenger on board. Some time before prisoner was put into irons the boy Arnall told me something. He made me promise not to tell the Captain. He gave me his reasons why he did not wish me to tell the Captain what he told me about the prisoner. he made a

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complaint to me.

[Signed] HR Sumpner.

Sworn at Sydney 7 July 1882.
[Signed] J Milbourne Marsh, PM.

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    Isaac John Robbins on oath states: I was a passenger per East Lothian on the day before that the prisoner was put into irons. In the evening I went to his cabin, the door was shut. I knocked. The boy Arnall opened the door. Prisoner was then lying down in his bunk. The boy seemed confused. The boy said Adlard was not well asleep. Adlard did not speak. I went on deck and told Mr Poole something. Mr Poole then went

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below. I gave no evidence that the Captain went down or that was entered in the log. Arnall walked back into the cabin and stood against Adlard’s bunk where he was before.

[Signed] I John Robbins.

Sworn at Sydney 7 July 1882.
[Signed] J Milbourne Marsh, PM.

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

Statement of the Accused.

New South Wales,
TO WIT.                 }

Gilbert Evan Adlard stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 7th day of July in the year of Our Lord one thousand eight hundred and eighty two for that he, the said Gilbert Evan Adlard on the high seas on the 16th day of May, 1882 on board the British Ship East Lothian did commit the abominable and atrocious crime of sodomy with a boy aged 13 named Charles Arnall 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 Gilbert Evan Adlard, and witnesses for the prosecution George Turner, Charles Reginald Poole, James Carse, Henry R Sumpner, Charles Arnall, Isaac John Robbins being severally examined in his presence, the said Gilbert Evan Adlard 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 used in evidence against you upon your trial;” Whereupon the said Gilbert Evan Adlard says as follows :– “I reserve my defence.” Taken before me, at Sydney, in the said Colony, the day and year first above mentioned.

[Signed] J Milbourne Marsh, PM. 

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    Gilbert Evan Adlard is committed for trial at the next Court of Gaol Delivery to be holden at Darlinghurst on Monday 7th August 1882.

    Bail refused for the present.

Sydney 7 July 1882.
[Signed] J Milbourne Marsh, PM.

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

Recognizance to Give Evidence.

New South Wales,
TO WIT.                 }

Be it remembered, that on the 7th day of July in the year of Our Lord one thousand eight hundred and eighty two George Turner, Water Police Constable of the Police Force, Charles Arnall of Sydney in the Colony of New South Wales, Charles Reginald Poole of Sydney in the said Colony, and Henry Sumpner of Sydney in the said Colony, 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,

and 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.

[Signed] George Turner, Charles Arnall, Henry Richard Sumpner, C Reginald Poole.

Taken and acknowledged, the day and year first above mentioned at Sydney in the said Colony, before me.
[Signed] Percy Charles Lucas, JP.

The condition of the within written Recognizance is such, that whereas Gilbert Evan Adlard was this day charged before me, J Milbourne Marsh 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 Sydney, in and for the Colony of New South Wales, on the 7th day of August 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 Gilbert Evan Adlard for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Gilbert Evan Adlard then the said Recognizance to be void, or else to stand in full force and virtue.

[Signed] PC Lucas, JP.

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

Recognizance to Give Evidence.

New South Wales,
TO WIT.                 }

Be it remembered, that on the 7th day of July in the year of Our Lord one thousand eight hundred and eighty two Isaac John Robbins of Sydney in the Colony of New South Wales, and James Carse of Sydney in the said Colony, 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 conditions indorsed.

[Signed] I John Robbins, James Carse.

Taken and acknowledged, the day and year first above mentioned, at Sydney, in the said Colony, before me.
[Signed] PC Lucas, JP.

The condition of the within written Recognizance is such, that whereas Gilbert Evan Adlard was this day charged before J Milbourne Marsh 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 Sydney, in and for the Colony of New South Wales, on the 7th day of August next, at nine of the clock in the forenoon, and then and there give such evidence as they know, upon the information to be then and there preferred against the said Gilbert Evan Adlard for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Gilbert Evan Adlard then the said Recognizance to be void, or else to stand in full force and virtue.

[Signed] PC Lucas, JP.

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[On the depositions’ cover sheet is the following]

Central Criminal Court
7th August 1882
No.160
Depositions.
Regina. No. 7.
v.
Gilbert Evan Adlard
Sodomy
See within [initialled] RW [Robert Wisdom, AG]
Committed at: Water Police Court
on: 7 July 1882

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Sodomy

RW AG
15/7/82

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Justice P Faucett’s Notebook 5

73

Thursday August 10th, 1882

Queen v Gilbert Evan Adlard } Charles Arnold 6

[Robert] Wisdom AG for Crown
Buchanan for prisoner

    George Turner examined by Attorney General. Constable in Water Police. I remember the ship East Lothian coming into Port – on 3rd July last. I went on board of her about 10 o’clock the same night. Passing in the (Steam ?) (Launch ?) I was called on board. When I went on board I saw the Captain. The prisoner was brought into the cabin. The Captain said I give you in charge for committing sodomy on board my ship on the passage from London to Sydney on 16th May last.

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Prisoner replied all right. I took him on shore to the Police Station – and charged him there with this offence. He made no reply.

    James Carse examined by Attorney General. Master of the ship East Lothian. Prisoner was one of the second class passengers. I know a boy named Charles Arnold – a second class passenger. On 16th May last I received information from two second class passengers, named Poole and Robinson. 7 I got a written statement from Poole and Robinson – I can’t say in whose writing. After that I called both prisoner and the boy in. I read the paper before prisoner and boy and the passengers and Chief Officer. “On the day Charles Arnold (says ?) Poole read this. I read it a second time from this – the Log.

    Buchanan objects. But I allow that the (w ?) [witness ?] I read this some days after. He said he did not do it. I told prisoner I would put him in irons. He began to cry and said he would give me £100 if I took the irons off. I read some statements to him – and he made no reply.

    Cross-examined by Buchanan. Arnold was present when the Log was read. It was read before the prisoner came. All the passengers were present.

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I did put him in irons. I kept him in irons until June 7th. There was no medical man on board – no examination. Prisoner had a fight with Roberts. 8 I did not give Roberts a (foil ?) to fight with. Prisoner may have got a scratch – a piece of the skin taken off – I believe with a foil. I remember his (showing ?) a scratch. I came out as it was going on and I gave a rush to separate them. There was nothing said about giving him a foil to protect himself against Roberts. It was Poole gave me the information. The boy was not able to (wash ?) for 2 or 3 days and I gave him opening medicine. Arnold had an aunt on board. She was under my protection – a friend of mine – not improperly. Other females on board. These ladies did not come near her – I put them out of the Saloon. Mrs Poole did not make any complaints.

    Charles Arnold examined by Attorney General. 13 – I came out as a second class passenger in the East Lothian. Prisoner was also a second class passenger. Something occurred in April. About a week after that, prisoner asked me to come into his cabin – next to mine. I would not go in at first. At last he got me to go in. Then he bolted the door. Then he took down my trowsers. 

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Then he took out his [sentence unfinished]. He pushed his person into my behind. I am sure he pushed in. I was going to cry out and he told me if I cried out he would murder me. I went in in front of him. He threatened me and (cooed ?) me. I can’t remember his words exactly. He said come on – be a good boy – I only want you for a minute. I did not see him do anything more. It hurt me. I did not make any noise. I was not more than 5 minutes in the cabin altogether. He let me out. Afterwards I complained to one of the Middies named Sumptner 9 – not to any of the passengers. I was present when the Captain read a statement to the prisoner. I don’t recollect what prisoner said. We were not very good friends on the passage – just friendly – no quarrel. I remember Mr Poole taking me to the Captain. Mr Poole took down my statement in presence of the Captain and then read it over in the presence of the Captain prisoner. This was after crossing the line. The two Mr Poole’s slept in prisoner’s cabin. I was standing up.

    Cross-examined by Buchanan. He attempted to do it the first time – he did the second time – not the third. I did not hear of Robins 10 thrashing him.

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Robins came to the door – I opened the door and let Robins in. I never made any complaint to Robins. The door was opened a little – and Robins put his head in. Prisoner told me if any one came in to say I had come for Poole’s linen. I did not walk out – I could have walked out. I went out when Mr Poole came in. When Mr Poole came up on the poop I told him. On the first occasion he asked me into the cabin and I went. Two Pooles and prisoner in that cabin. Might have come in at any moment. On first occasion he attempted. I said nothing to any one – a week after. The door was bolted on the three times. A fortnight after was the third occasion. He told me he was going down to sleep – and told me to roll up his fishing line and take it down and he would give me a penny. I took it down. He tried to make me when Robins came in. The two Pooles came in. The steward took the line from me. I was not under the bunk. Prisoner was lying in the bed holding me by the hand. He was in the habit in the afternoon. He was not ill. He had all his clothes on except his hat.

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I don’t know whether the Captain had a (?) of ill will to prisoner. He had all his clothes on and a rug over him when Poole came in. 

    Charles Reginald Poole examined by Attorney General. Was passenger on East Lothian from London to Sydney. Prisoner had a bunk in same cabin with me. Charles Arnold also a fellow passenger. I remember the boy making a statement. I took it down in presence of witnesses – of several fellow passengers. There was an enquiry the same evening – prisoner was present. I read this on behalf of the Captain. I read this statement just as it is.

Reads.

    Objected to by Buchanan.

    Prisoner denied. He said Captain you have known me. You don’t believe me guilty of this crime – these are my hands – you can put me in irons – that I assure you I am innocent. I remember 16th May last. I was on the poop and Mr Robins came out and said something to me. I went down to my cabin.

    By Buchanan. Robins told me the boy was in my cabin. I went down and opened the door – (?) (who ? which ?) was (?) and on my bunk. I saw the boy standing against a large bunk (with ?) his (feet ?) on the ground. His head was over the weatherboard of the bunk with a rug covering him.

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As I went in the rug (?) to give a sudden movement. I said Hello – what is up here –

    Buchanan. I did not suspect anything wrong with regard to prisoner. I saw prisoner’s ––– The boy withdrew his head as I opened the door. Prisoner answered the boy has come down with my fishing line – and I don’t feel very well.

    Cross-examined by Buchanan. I did not suspect anything about the prisoner. The door was not bolted. The prisoner made a remark to me on several occasions that he was going down to sleep. I can’t say whether he had all his clothes on or not – His (low ?) (part ?) was (normal ?) – I can’t say whether he had only his shirt. He had no bed clothes but the rug – which was (heavy ?). A good many liberties were taken by the Captain with this boy’s aunt – I don’t say improper. Ladies excluded from cabin – my mother & sisters would not sit down. Common talk of passengers and crew.

    Henry Sumptner examined by Attorney General. Apprentice on board the East Lothian. I remember when prisoner was put in irons. The boy had before told me something. The prisoner was not present.

    Cross-examined by Buchanan.

    Isaac John Robins examined by Attorney General. I know prisoner and Arnold. I remember 16th May – I went to prisoner’s cabin on that day.

80

Prisoner (promised ?) to bring up something from the (trunk ?). He did not – I went down and the door was bolted. The door was opened by the boy – I saw the boy standing in the room – I saw nothing else. The boy said prisoner was ill. I asked prisoner why he did not bring it up – he did not answer.

    Cross-examined by Buchanan. Prisoner was in a higher berth – he had a rug over him. I could not (?) he had his (trowsers ?) on. I thought the boy might be doing mischief. I walked straight in. There was a trifle between prisoner and me – fight – I could not (know ? prove ?) (Captain ?) instigated it.

Case for Crown.

    Buchanan to Jury. If you believe the boy the capital charge was (complete ?)

    Mr Poole by Juror. I noticed nothing in the boy’s health – nothing peculiar.

    By another Juror. When I took the boy’s statement there were several passengers present. Not his aunt – no ladies.

Verdict – Not Guilty.

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The Sydney Daily Telegraph, Fri 11 Aug 1882 11

LAW INTELLIGENCE.
CENTRAL CRIMINAL COURT.
AUGUST 10 [1882]
(Before Mr Justice Faucett)


    ABOMINABLE OFFENCE.– Gilbert Evan Adalar [sic] was charged with that he did, about the 16th of May last, on board the ship East Lothian, at sea, commit an abominable offence. The Attorney-General acted as Crown Prosecutor, and Mr Buchanan  appeared to defend the prisoner, instructed by Mr EF Stephens. Prisoner and prosecutor were on the vessel from London to this port. The jury, after half an hour’s deliberation, brought in a verdict of not guilty. Prisoner was discharged.

~ ~ ~ ~ ~

The Sydney Morning Herald, Fri 11 Aug 1882 12

LAW REPORT

CENTRAL CRIMINAL COURT
THURSDAY [10 AUGUST 1882]

    The sittings of the Central Criminal Court were resumed at Darlinghurst this morning. His Honor Mr Justice Faucett presided, and the Hon. R Wisdom, Attorney General, prosecuted for the Crown.

UNNATURAL OFFENCE.

    Gilbert E Adlard, about 20 years of age, was charged with having, on the 16th of May, on board the ship East Lothian on the high seas, committed the above offence. Mr D Buchanan, instructed by Mr EF Stephen, defended the prisoner. The captain of the vessel and several passengers were examined. Prisoner produced evidence of good character, and the jury, apparently not convinced that the statement of the principal witness was sufficiently corroborated to justify a conviction, returned a verdict of not guilty.

 


 

Gilbert Evan Adlard, 1893 

 

Clarence and Richmond Examiner, Sat 3 Mar 1894 13

GRAFTON QUARTER SESSIONS.
———

THIS court was opened on Tuesday, before Mr acting District Court Judge Merewether. The members of the legal profession present were—Messrs RJ Browning (Crown Prosecutor), Addison, and the local solicitors.

INDECENT ASSAULT.

    Gilbert Evans [aka Evan] Adlard was indicted for having at Grafton, on 2nd November last, indecently assaulted Owen Ferguson [16 years]. Accused pleaded not guilty, and was defended by Mr McGuren. Mr Addison prosecuted for the Crown.

    Jury—Francis J Jackson (foreman), Thos Glissan, Wm Connor, Donald Nicholson, Archibald McMillan, Duncan McMillan, Timothy Hawthorne, Nicholas Barnier, George Savidge, Joseph Sneesby, Moses Trotter, Henry Gerrard.

    Accused challenged three jurors.

    The details of the case are unfit for publication, beyond that accused induced Ferguson, quite a boy, to go bathing, and while doing so the offence complained of occurred. Evidence was given by Constable Hadley, Owen Ferguson, William Hann, and Sergeant Wells. There were some discrepancies in the evidence of the boys, and Mr McGuren dwelt strongly on this point in his address for the defence.

    The jury, after a retirement of a quarter of an hour, returned a verdict of not guilty. 

———

    Gilbert E Adlard was indicted for having, on October 27th last, indecently assault one Matthew John Gillett [16 years], at Grafton. Accused pleaded not guilty, and was defended by Mr McGuren. All females and lads under 21 were ordered to leave the court, causing a regular stampede.

    A peculiar incident occurred in empanelling the jury. During the day four jurors were excused from attendance, and in this case accused exercised his full right of challenge, and eight had to retire. Seven of these were replaced, leaving another to make up the panel, when it was announced that the panel was exhausted. It then transpired that the names of the twelve who sat on a former case had not been returned to the box, and Mr McGuren claimed that the jury be again drawn from the whole of the names. This was admitted by the Crown Prosecutor, and eleven jurymen who were already sworn retired from the box, and proceedings commenced de novo. It was somewhat singular, however, that with two exceptions the same jury were again empanelled, as under, accused having challenged four—Jas Retallick (foreman), Duncan McLennan, Charles Walsham, John J Lee, Wm Zuill, John Hannah, Alfred H Spring, Robt N Cowan, James Stick, William B Browne, Nicholas Barnier, Joseph Sneesby.

    The details of this case were similar to those of the former, and the jury, after a short retirement, found a verdict of not guilty.

    The Court adjourned at 10.35 pm to 9.30 am next day.

 


1     The South Australian Advertiser, Tue 4 Jul 1882, p. 5.

2     The South Australian Advertiser, Sat 8 Jul 1882, p. 6.

3     The Sydney Morning Herald, Sat 8 Jul 1882, p. 3.

4     SRNSW: NRS880, [9/6680], Supreme Court, Papers and depositions, Sydney, Aug 1882, No. 160. Emphasis added.

5     SRNSW: NRS5922, [2/3858], Judiciary, P Faucett, J. Notebooks Criminal Causes, 1865-87, pp. 73-80. Emphasis added.

6     Given as Arnall in the accompanying transcript of depositions, but Arnold is the clear spelling in this document.

7     Given as Robbins in transcript of depositions.

8     Robinson ? Robbins ?.

9     Given as Sumpner in transcript of depositions.

10   See footnote. See footnote .

11   The Sydney Daily Telegraph, Fri 11 Aug 1882, p. 3.

12   The Sydney Morning Herald, Fri 11 Aug 1882, p. 7.

13   Clarence and Richmond Examiner, Sat 3 Mar 1894, p. 3. Emphasis added.