The Wilcannia Times, Thu 12 Oct 1882 1
WILCANNIA POLICE COURT.
(Before W[atson] A[ugustus] Steele, [sic–Steel] PM.)
John Ryan was charged with the committal of an unnatural offence on one Carl Andersen. The offence was of a very disgraceful character. Prisoner is a powerful middle aged Irishman, who was shearing at Mount Murchison Station, and Andersen a foreigner, a weak harmless looking individual of about 35 years of age, employed on the same station as cook. The offence was said to have been committed at the Ten Mile the night following the day on which the races were held there. They had been both drinking, and were the worse of liquor, though the commission of the offence were distinctly sworn to by Andersen.
Doctors Wilkie and McLean, who both examined Andersen, gave evidence, which upon the whole, leant to the side that the offence had not been committed. At the same time they admitted, in answers to the Bench, it would be difficult to speak decidedly on the matter. Dr Wilkie further said the offence could not have taken place without the connivance of Andersen. The details are unfit for publication. Prisoner was committed to take his trial at the next Quarter Sessions [sic].
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Depositions for John Ryan 20 Oct 1882 Deniliquin trial 2
(M., 11 and 12 Vic., Cap. 42.)
Depositions of Witnesses.
New South Wales, Wilcannia,
TO WIT. }
The examination of William Henry Prior of Wilcannia in the Colony of New South Wales, Sergeant of Police, Carl Anderson, Cook, and David William Balfour Wilkie of Wilcannia, in the said Colony, Medical Practitioner, taken on oath, this 5th day of October in the year of Our Lord one thousand eight hundred and eighty two at Wilcannia 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 John Ryan who is charged this cay before me, for that he the said John Ryan, on the 3rd day of October at Ten Mile Point [Hotel] in the said Colony, did commit sodomy with one Carl Anderson.
1
Wilcannia Police Court
October 5th 1882
sandstone. Designed by NSW Colonial Architect, James Barnet.
Photo: Peter de Waal
John Ryan charged with committing sodomy with one Carl Anderson.
William Henry Anderson Prior on oath deposes:– I am a Senior Sergeant of Police at Wilcannia. I know the prisoner now before the Court. From information I received from prosecutor I arrested prisoner yesterday at the Ten Mile Point. I charged him with committing sodomy with one Carl Anderson, who pointed prisoner out to me.
I cautioned him in the usual way, he made no reply to the charge. I then brought him to Wilcannia.
I saw both prisoner and prosecutor at the Ten Mile Point drinking at the races there.
Prosecutor Anderson complained to me of having
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been injured in his private parts by being attacked more than once by prisoner having committed sodomy on him on the night of the 3rd Instant.
No questions.
[Signed] WH Prior.
Taken on oath before me, this 5th October 1882.
[Signed] Watson Augustus Steele, PM.
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Carl Anderson on oath deposes:– I am Cook at Mount Murchison Station near Wilcannia.
I know prisoner, I remember being at Mr Stott’s [sic–Peter Stoll’s] at Ten Mile Point the night before last. I saw prisoner there.
I slept in a room of Mrs Stott’s [Stoll’s] kitchen on that night, prisoner slept in the room. I did not undress. I fell asleep when prisoner called “Bob.” (meaning me) and lay down at the back of me on the same bed. Prisoner pulled my trousers down, opened his own trousers and pulled out his privates. He put his private part into me from behind. I called out to him, and I threatened to hit him across the nose, if he did not leave me alone – prisoner told me not to make a noise. He said “Hush, don’t make a noise.”
I was again awoke by finding prisoner kneeling down at my back, while prisoner’s part were fully in me. I said “If you don’t knock off I will call all hands.” He then knocked me down on the floor, and left me, and went outside.
I went back to my bed, and some time afterwards prisoner
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again attacked me (it was then daylight). I found prisoner attempting to have connection again with me. I prevented him doing so by catching hold of his privates. I told him I would cut it off – I was then half asleep and half awake. I then got up, and went to Mr Higgins, overseer at Mount Murchison Station.
I reported to Mr Higgins what prisoner had done to me, he told me to go to Sergeant Prior. I did so and pointed prisoner out to him, and gave him in charge. Prisoner has been shearing at the Mount Murchison Station. It was quite light when I got up. I have no doubt about its being prisoner who assaulted me, I swear positively to him. The following morning I felt so sore I could hardly walk, from the effects of prisoner assaulting me. I was so sore in my fundament, I had a discharge from my fundament – three times – the following morning. It was mixed with blood.
By the Bench: I have never had any words with prisoner, and hardly ever spoke to him before. I had been drinking freely
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the day of before the assault. I was sober the following morning.
No questions.
[Signed] Carl Anderson.
Taken on oath before me this 5th October 1882.
[Signed] WA Steele, PM.
John Sladden on oath disposes on oath I am a labourer living at Wilcannia. I remember seeing prisoner and prosecutor at the Ten Mile Point races on 3rd Instant. I saw prisoner in the adjoining room to the kitchen at Stotts [Stoll’s], the night of the 3rd. Prosecutor might have been there but I did not see him.
[Signed] John (his X mark) Sladden.
Witness to mark, WH Prior.
Taken on oath before me this 5th October 1882.
[Signed] WA Steele, PM.
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David William Balfour Wilkie on oath deposes:– I am a legally qualified Medical Practitioner residing at Wilcannia.
I examined the prosecutor this morning. I found no marks of violence on his person, or on his anus – except a slight abrasion.
I found no signs of which I could say that an attempt at sodomy had been committed.
By the Bench: It is possible for the assault to have been committed and no signs appear after a lapse of twenty four hours.
No questions.
[Signed] DWB Wilkie.
Taken on oath before me this 5th October 1882.
[Signed] WA Steele, PM.
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William Finlayson McLean, on oath deposes:– I am a legally qualified Medical Practitioner residing at Wilcannia, and also Visiting Surgeon of Wilcannia Gaol. I examined prisoner before the court this morning.
I found no physical evidence on his person that he had committed the offence of sodomy – nothing that would lead me to believe so. It might be possible that no signs would appear.
No questions.
[Signed] WF McLean.
Taken on oath before me this 5th day of October 1882.
[Signed] WA Steele, PM.
Decision
John Ryan is committed to take his trial, at the next Circuit Court to be holden at Deniliquin on the 20th of October Instant for sodomy.
[Signed] WA Steele, PM.
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(N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales, Wilcannia,
TO WIT. }
John Ryan stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 5th day of October in the year of Our Lord one thousand eight hundred and eighty two for that he, the said John Ryan on the 3rd day of October 1882 at the Ten Mile Point, in the said Colony, did commit sodomy on one Carl Anderson and the examination of all the witnesses on the part of the prosecution having been completed, and the depositions taken against the accused having been caused to be read to him by me, the said Justice, (by/or) before whom such examination has been so completed; and I, the said Justice, having also stated to the accused and given him clearly to understand 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, not withstanding such promise or threat; and the said charge being read to the said John Ryan, and the witnesses for the prosecution William Henry Prior Senior Sergeant of Police, Carl Anderson, Cook, John Sladden, Labourer, David Balfour Wilkie, Medical Practitioner, William Finlayson McLean, Medical Practitioner, being severally examined in his presence, the said John Ryan 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 John Ryan saith as follows:– “I know nothing about it.”
Taken before me, at Wilcannia, in the said Colony, the day and year first above mentioned.
[Signed] WA Steele, PM.
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(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
New South Wales, Wilcannia,
TO WIT. }
Be it remembered, that on the fifth day of October in the year of Our Lord one thousand eight hundred and eighty two William Henry Prior a Senior Sergeant of the Police Force Wilcannia, Carl Anderson, Cook of Wilcannia in the Colony of New South Wales, and David Balfour Wilkie, Surgeon of Wilcannia 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 condition indorsed. Taken and acknowledged, the day and year first abovementioned, at Wilcannia in the said Colony, before me.
[Signed] WA Steele, PM.
The condition of the within written Recognizance is such, that whereas John Ryan was this day charged before Watson Augustus Steele, PM Esquire one of Her Majesty’s Justices of the Peace for the said Colony, with having committed sodomy on one Carl Anderson. If therefore, they the before mentioned persons shall appear at the next Circuit Court of Assizes to be holden and Deniliquin, in and for the Colony of New South Wales, on the 20th day of October 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 John Ryan for the offence aforesaid, to the Jurors who shall pass upon the trial of the said John Ryan. Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] WA Steele, PM.
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[On the depositions’ cover sheet is the following]
Deniliquin Circuit Court
20th October 1882
No. 249
Depositions.
Regina No. 3
v.
John Ryan
Sodomy
See within [initialled] R[obert] W[isdom, AG]
Committed at: Wilcannia
on: 5th October 1882
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Sodomy
[Initialled] RW, AG
10/10/82
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Justice JGL Innes’s Notebook 3
86
Friday – 20 Oct 1882
Deniliquin Circuit Court
Sat 1 Jun 1872, p. 17. Reproduction: Peter de Waal
Left Sydney by mail train 8.30 pm on Tuesday the 17th inst; arrived at Melbourne yesterday on Wednesday, at 10.15 pm—stayed at Oriental Hotel, Collins St; left by train yesterday morning at 6.45— via Echuca, arrived at Royal Hotel, at 5 pm.
[Walker] Bevan, [judge’s] Associate.
The journey throughout was intensely hot; & here the weather is “unusually & unseasonable warm”. Only a sheet at night; windows wide open; & yet terribly hot all night.
98
[Deniliquin – Friday 20 October 1882]
Regina v John Ryan – Sodomy, Carl Andersen 4 3rd October at Ten Mile Point
Plea Not Guilty
Gibson (assigned) with Edwards for defence
Cohen states facts & calls:
William Henry Prior. Senior Sergeant of Police at Wilcannia. On 4 instant about 8 o’clock I received information 5 & thereupon at 10 mile point 12 miles from Wilcannia arrested prisoner in forenoon. 6 I said “You are charged with committing sodomy on that man” pointing him at Carl Anderson – he said nothing.
99
On the previous day I had seen prisoner & CA drinking at the same pub: Peter Stowell’s 7 [Peter Stoll’s, Ten-mile Point Hotel, Ten-mile Point, Darling River] where I arrested the prisoner – Anderson seemed very ill & sober. He walked as if in pain.
Cross-examined. The day before Anderson was drunk. I had never seen him before. Prisoner gets drunk occasionally – I had often seen him before – except that I know nothing against him – Mt Murchison 18 miles from Wilcannia is where prisoner was at work.
Carl Anderson. Cook at Mt Murchison. The prisoner was shearing there – on 3rd of October at Stowell’s [Stoll’s] I saw prisoner about dinner time – 10 mile point. He said he had come down for the races & to have a bit of a spree – I wasn’t drinking with him. I slept on the sofa in a room off the
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kitchen – I was worse for spirits that night – prisoner slept with me 8 – two sofas in the room – the prisoner & I were on one & a 3rd man had the other – I had on then the same clothes I have on now – trousers shirt & coat – I went to sleep – I was woke by prisoner saying “Are you sleeping here Bob?” – he was then at the back of me lying on the sofa I was on 9 – he tried to pull down my clothes – he pulled down my trousers – I said “leave me alone” - he left me knocked off but soon afterwards he didn’t get off the sofa – about a quarter or ½ hour afterwards he put his privates into my body – I said if you don’t leave me alone I’ll cut it off – he threw
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me down off the sofa on to the ground – I got up & lay down again on the sofa. He was still there – I was so sick I couldn’t go anywhere – he tried again to shove his privates into my body again. I jumped up & went outside. I went down to the river, saw Mr Higgins & made a complaint to him – he told me something & I went up to Sergeant Prior & told him. – I went into Wilcannia. I next saw the prisoner in custody of the Police – I am quite certain prisoner was the man – there was a third man in the room lying on the other sofa – quite drunk – when I went to lie down I saw nothing of the prisoner – the room was empty. The sofa was about 3 ft. wide – one side up against the wall.
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I don’t know when the 3rd man came in – or who he was – I didn’t see him come in. – I was quite sore in my behind – I could hardly walk, all the next day there was a discharge – mixed with blood. Dr Wilkie saw me two days afterwards.
Cross-examined by Gibson. I knew the house – the room adjoined the kitchen. You must go outside the room 10 to get into the hotel – the room was a pretty large one – only one window in it – you could look through the window as you sat on the sofa – the sofa was timber made by bush carpenter. I didn’t measure its width but it was
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about 3 ft. wide. – I always slept in that room when I stayed in that house – I can’t say how long I had been asleep when prisoner first said Are you sleeping here Bob – he was then just coming in the room. I was too sick from drinking to get up – I only wanted to be let alone – the first time he did not succeed in completing the offence – the second time he did – I sung out then & he threw me off the sofa. – I staggered up as well as I was able. I was so sick from drink & lay down again on the sofa – the third time it was just about daylight he tried to do it again but then I was somewhat better & I jumped up & ran away – saw the overseer Higgins & told him – I did not try to raise the 3rd man, he was very drunk – I had seen
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him drinking the day before though I didn’t know who he was. –
Re-examined. Prisoner said “don’t kick up a noise” the first time – I pointed the prisoner out to the Sergeant when he arrested him.
David William Balfour Wilkie. Legally qualified medical practitioner at Wilcannia. On the Friday 5th October instant about 1 pm I examined the witness Anderson – his anus – no marks of violence – slight abrasion which might have been caused by anything – I saw no necessity for examining the rectum – he did not complain of any passing of blood then 11 – I only made an external examination – even if the penis of a man had been inserted into the rectum 48 hours
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before all signs would have disappeared – there was nothing no appearance inconsistent with the commission of the offence.
Prior recalled. The prosecutor pointed out the prisoner to me – I told him the charge – he said nothing whatever – he merely looked at him (prosecutor).
Gibson to the Jury. Extremely improbable story.
Cohen in reply.
Summed up – Jury retired at 1.20
At 1.45
Verdict. Not Guilty.
Prisoner discharged.
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The Pastoral Times, Sat 21 Oct 1882 12
DENILIQUIN ASSIZE COURT.
FRIDAY, OCTOBER 20, [1882]
(Before His Honor Sir George Innes).
The Court was opened punctually at 10 o’clock; and the usual proclamation was read by the judge’s associate, Mr Walker Bevan. The Bar was represented by Mr Cohen, who presented his commission as prosecutor for the Crown, and Mr Gibson.
…
UNNATURAL OFFENCE.
John Ryan was charged with carnally knowing one Carl Anderson at Ten Mile Point, near Wilcannia, on the 3rd October, and pleaded not guilty.
The prisoner applied for legal assistance and Mr Gibson was assigned by His Honor who said it was a capital offence.
Mr Gibson was instructed by Mr JR Edwards.
The following jury was sworn:– Irving, Franks (foreman), Dickson, Doyle, Bell, Moloney, Frearson, Pether, Davis, Marsh, Boyes, Robertson.
The evidence was of a nature unfit for publication, and at its conclusion the jury found a verdict of not guilty upon which the prisoner was discharged. Subsequently, so we are informed upon reliable authority, the discharged prisoner and the prosecutor were fraternising in one of the hotels. The latter “shouting” for the accused, and giving him messages to deliver in Wilcannia.
1 The Wilcannia Times, Thu 12 Oct 1882, p. 2. Emphasis added.
2 SRNSW: NRS880, [9/6685], Supreme Court, Papers and depositions, Deniliquin, 1882, No. 249. Emphasis added.
3 SRNSW: NRS6227, [2/4653], Judiciary, JGL Innes, J. Notebooks Circuit Courts, 1882-95, pp. 86, 98-105. Emphasis added.
4 Variously and more frequently Anderson.
5 Mn: From Higgins & from CA – Carl Anderson, passim.
6 Mn:– near ye * kitchen of Stowell’s house – he was sober. *Archaic use of ‘ye’ for ‘the’ by this judge. Transcribed as ‘the’ hereafter.
7 This surname variously spelled ‘Stohl’, ‘Stow’ and ‘Stowell’. The last seems the most likely.
8 Mn: same room with
9 Mn: afterwards he says he went to sleep again before the prisoner touched him
10 Mn: through the kitchen
11 Mn: but he said he had 24 hours before
12 The Pastoral Times (Deniliquin), Sat 21 Oct 1882, p. 3.