Evening News, Fri 22 Jul 1887 1
ALLEGED HORRIBLE CRIME.
————
(By Telegraph.)
CARCOUR, Friday.—In the local police court this morning, Peter Edwards was remanded for a week on the charge of having committed an unnatural offence. It was alleged that the offence was committed at the Junction on Wednesday. Accused was arrested by Constable Greneger [sic] yesterday. He bears a bad character, and is said to have participated in the Woolloomooloo outrage. The miners in the locality were so incensed at the report of the deed that they surrounded and threatened to shoot the accused if he attempted to avoid arrest.
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Depositions for Peter Edwards 14 Oct and 19 Oct 1887 Bathurst trials 2
Court House, Carcoar
30 July 1887
Bernard Ringrose Wise, Attorney General, Sydney
Sir
Under separate cover, I have the honor to forward to you the depositions in the case noted in the margin. 3
I am your most obedient servant.
[Signed] W[illiam] B[adcock] Warner CPS
~ ~ ~ ~ ~
(M., 11 and 12 Vict., Cap. 42.)
Depositions of Witnesses.
Carcoar
TO WIT. }
The examination of James [Joseph] Grenenger of Mandurama in the Colony of New South Wales, George Edward Kelly of The Junction William Kelty of Carcoar and Mary Kelly of The Junction, in the said Colony, taken on oath, this 29th day of July in the year of Our Lord one thousand eight hundred and eighty seven at Carcoar 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 Peter Edwards who is charged this day before us, for that he the said Peter Edwards, on the 20th day of July instant at The Junction in the said Colony, did assault George Edward Kelly and then wickedly and against the order of nature carnally knew the said George Edward Kelly and did commit with the said George Edward Kelly the abominable crime of buggery.
1
Photo ID: SRNSW 4346 _a020_a020000313.jpg
Court House Carcoar
29th July 1887
Before N Connolly, PM and Thomas Fitzpatrick, JP.
Peter Edwards appears in custody charged with that on the 20th day of July instant at The Junction in the Colony of New South Wales, he did commit assault George Edward Kelly and there wickedly and against the order of nature carnally knew the said George Edward Kelly and did commit with the said George Edward Kelly the abominable crime of buggery.
James [Joseph] Grenenger sworn states:– I am a Constable in the Police Force stationed at Mandurama. From information received on Wednesday night the 20th instant I proceeded the following morning to The Junction Gold Mine about 8
2
miles distant from Mandurama on the Belubula River. I went to a tent, and saw the prisoner now before the Court, about half past seven in the morning. Prisoner was asleep, lying in a bunk. I roused him up, and said, “Put on your clothes.” He said, “What will I put on my clothes for?” I said, “Get up, and I will tell you.” He got out of his bed, dressed himself, and I then told him I arrested him, and charged him for committing an indecent assault on a boy named George Kelly on the 20th instant. The boy is apparently about ten years of age. He made no reply at the time. I said to the prisoner
3
“Did you see the boy Kelly yesterday?” He said, “I did not.” I said, “Where were you yesterday?” He said, “I was away kangaroo hunting.” I said, “Did you meet the boy yesterday?” He said, “No, I did not.” I brought him to the lock up in Carcoar and confined him. This morning I recharged him with sodomy, he with carnally knowing one George Kelly a male person. He said, “I did not do anything.”
[Signed] J Grenenger.
Sworn before us this 29th July 1887.
[Signed] Nathaniel Connolly, M, Thomas Fitzpatrick, JP.
4
George Edward Kelly sworn, states:– I am the son of James Kelly a miner, at present living at The Junction Gold Mine. I am ten years and nine months old. I have been to school and can read and write and know the nature of an oath. I recollect last Wednesday week, the 20th of July. I know the prisoner now before the Court, named Peter Edwards. I saw him on that date between 11 and 12 in the morning. I accompanied him from my home at The Junction to the Post Office at Gifford’s, on the Canowindra Road, and 2 miles from The Junction. I went to the Post Office by myself, the prisoner remaining
5
behind about a hundred yards sitting on a log. I returned to where the prisoner was sitting. I told him, “There are no letters for anybody.” He said, “I expected two or three. The next mail day is Saturday, I will not sit here on the log till Saturday.” We went on, and he said, “I want to get some straw for my tent for a bed. We were then going towards The Junction. He said, “Will you come along with me to the straw stack?” I said “Yes,” and went. We went to a straw stack about a mile and a half from The Junction, in an old cultivation paddock. We went into a bit of a shed close alongside the
6
stack. There was a lot of cleaning of chaff and straw in the shed. He then caught hold of me by one of my arms, and then the other one and held them in front of me with one of his hands. He was standing behind me. He then laid me down on my face, with my face and head buried in the chaff and straw which prevented me from crying out. He then laid on top of me, and unbuttoned my braces and let my trousers down. He then put his diddle in my bottom. By “diddle” I mean his person. I am certain I (found ?) his person entering my bottom. It hurt me a good bit at the time. He remained in that position about
7
20 or 25 minutes holding my hands all the time. He was doing it all the time, trying to shove it in further causing me great pain. As soon as he got off me he laughed at me. I did not see his person when he got off me, but saw him buttoning up his trousers. After he got off, I was all wet. I buttoned up my trousers myself. I did not say anything to him, but as soon as I had buttoned up my trousers I went on home. The prisoner accompanied me and once said, “If I had a tomahawk, I would (clint ?) some trees and get some possums.” When I went home, I saw y brother first, and told him what took place, he then told my mother. After returning home I felt pains about
8
my bottom, and inside, and had to go to the closet. I felt the pain for 2 or 3 days afterwards, whenever I went to the closet. Prisoner left my company before we came in front of my father’s place. I knew the flannel shirt and undershirt produced, and also the cotton shirt. I was wearing them when the offence took place. I accompanied Constable came to Carcoar the day after the offence and went to the hospital and was examined by Dr Kelty.
To Prisoner: The prisoner took no straw from the stack. We went to the straw stack at the request of the prisoner, but brought no straw away.
[Signed] George Edward Kelly.
Sworn before us this 29th July 1887.
[Signed] N Connolly, PM, T Fitzpatrick, JP.
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William Kelty sworn states:– I am a duly qualified Medical Practitioner residing in Carcoar. On Thursday the 21st of July at 4.30 pm I examined George Edward Kelly aged 10 years and 9 months. The parts round the anus were slightly inflamed but no excoriations, the sphincter area relaxed. On questioning him the boy complained of difficulty of progression, heat around the anus and incontinence of the bowel, all of which had passed off when I saw him. The time of my examination was about 30 hours after the occurrence. I cannot say positively from what I saw at the examination that any penetration had taken place. There were no excoriations or lacerations when I examined the child. If the offence were committed the presence of these signs would
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depend on the age of the child and the size of the organ and the amount of violence used. I also examined the two shirts produced which the boy said he used wore on that occasion, on both there were several stains which appeared to be of a faecal nature. These I examined microscopically and otherwise for bodied known as animalentes but could not find any. The fact of the sphincter area being relaxed might result from partial penetration. From appearances the relaxation appeared to me to be the result of partial penetration.
[Signed] W Kelty.
Sworn before us this 29th July 1887.
[Signed] N Connolly, PM, T Fitzpatrick, JP.
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Mary Kelly sworn states:– I am the wife of James Kelly and mother of the boy George Edward Kelly. I reside at The Junction Reefs. I recollect Wednesday week the 20th instant. I saw the prisoner on that date at my place. He asked my elder son if he would go to the Post with him. On the boy asking me if he could go I he seemed went outside and told him the prisoner that the second boy, George, could go with him. They went away together about nine o’clock and my son returned about half past 11 as near as I can recollect. I remarked when he returned that he seemed to be flurried or had a headache. The eldest boy told me something about half past 4 o’clock and in consequence of that I told my husband when he came home and he went to the Police.
[Signed] Mary Kelly.
Sworn before us this 29 July 1887.
[Signed] N Connolly, PM, T Fitzgerald, JP.
12
(N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales,
TO WIT. }
Peter Edwards stands charged before the undersigned, two of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 29th day of July in the year of Our Lord one thousand eight hundred and eighty seven for that he, the said Peter Edwards on the 20th day of July instant at The Junction, in the said Colony, did assault George Edward Kelly and then wickedly and against the order of nature carnally knew the said George Edward Kelly and did commit with the said George Edward Kelly the abominable crime of buggery and the examinations of all the witnesses on the part of the prosecution having been completed, and the depositions taken against the accused having been caused to be read to him by me, the said Justice, (by/or) before whom such examination has been so completed; and I, the said Justice, having also stated to the accused and given him clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall say may be given in evidence against him upon his trial, notwithstanding such promise or threat; an the said charge being read to the said Peter Edwards and the witnesses for the prosecution James Grenenger, George Edward Kelly, William Kelty and Mary Kelly being severally examined in his presence, the said Peter Edwards 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 Peter Edwards saith as follows:– “I am not guilty.”
Taken before us, at Carcoar in the said Colony, the day and year first above mentioned.
[Signed] N Connolly, PM, T Fitzpatrick, JP.
13
Prisoner Peter Edwards is committed for trial at the next Court of Assizes to be holden at Bathurst on the 14th of October 1887.
Bail allowed, prisoner in £200 with two sureties in £200 each.
[Signed] N Connolly, PM, T Fitzpatrick, JP.
14
(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
New South Wales, Carcoar
TO WIT. }
Be it remembered, that on the 29th day of July in the year of Our Lord one thousand eight hundred and eighty seven James Grenenger a Constable of the Police Force, of Mandurama in the Colony of New South Wales, James Kelly, George Edward Kelly and Mary Kelly of The Junction in the said Colony, and William Kelty of Carcoar 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 above mentioned at Carcoar in the said Colony, before me.
[Signed] N Connolly, PM.
The condition of the within written Recognizance is such, that whereas Peter Edwards was this day charged before Nathaniel Connolly and Thomas Fitzpatrick Esquires [two] of Her Majesty’s Justices of the Peace for the Colony, with that on the 20th day of July instant at The Junction in the Colony of New South Wales, he did assault George Edward Kelly and then wickedly and against the order of Nature carnally knew the said George Edward Kelly and did commit with the said George Edward Kelly the abominable crime of buggery.
If therefore, they the before mentioned persons shall appear at the next Court of Assizes to be holden at Bathurst, in and for the Colony of New South Wales, on the 14th 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 Peter Edwards for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Peter Edwards then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] N Connolly, PM.
~ ~ ~ ~ ~
[On the depositions’ cover sheet is the following]
Bathurst Circuit Court
14th October 1887
AG’s No. 112
Depositions
CS’s No. 1
Regina
v.
Peter Edwards
Sodomy
See within
AG
Committed at: Carcoar
on: 29th July 1887
~ ~ ~ ~ ~
(1) Sodomy s. 59
(2) Indecent assault s. 319
[Initialled] B[ernard] R[ingrose] W[ise, AG]
5.8.87
~ ~ ~ ~ ~
Justice P Faucett’s Notebook 4
56
[1st Trial – Bathurst, Friday 14 October 1887]
Queen v Peter Edwards – 1. (Sodomy ?)
2. Assault, George Edward Kelly
Buchanan for prisoner.
James Grenenger examined by Armstrong. Police Constable stationed at Mandurama about 5 miles from Carcoar. On 2nd July I received some information from a man named Kelly, a miner. Kelly has some children. I went to the Junction Reef about 8 miles from Mandurama. I then went to prisoner’s tent – I found prisoner there asleep in his bunk.
57
I roused him up and told him I wanted him – I said where were you yesterday. I said I want you. He said what do you want me for – I said get up and dress yourself and I’ll tell you. He came out. I said I want you for committing an indecent assault on a boy George Kelly. I said were you at home yesterday the 20th. He said no – I was away, kangaroo-hunting. I said did you meet the boy George Kelly when you were out kangaroo-hunting –
58
He said no – I did not. I said did you see the boy George Kelly at all yesterday. I brought him to the lock up at Carcoar and charged him for that he did carnally know one George Kelly.
George Edward Kelly questioned by Buchanan. If you told a lie you would go to hell.
Being sworn, examined by Armstrong. My father is feeding his battery at the Junction Mine – gold mine. I live at home with my father and mother. My eldest brother is 2 years older than I am – I am 11 years old.
59
There is no school there. The Junction Gold Mine is about (30 ?) miles from Carcoar. I know prisoner. He was at the Junction a few weeks. He was not working there. He had supper at our place on Sunday evening. After that I saw him nearly every day – the day about the 18th or 20th July he wanted me to show him the road to the Post Office. He came to our place about 9 o’clock in the morning. I said I would ask my mother if I might go – she said yes.
60
He I went to the Post Office with him – about 2 miles off. He did not go to the Post Office – I went, leaving him sitting on a log – he smoked his pipe. I came back and told him there were no letters. He asked me if I would go to the straw stack to see if he could get any straw for his tent – I went with him to the straw stack about ½ a mile from the Post Office. When we got to the hay stack he caught hold of me by the right arm. He laid me down and put my arms under me.
61
He put me down on the siftings of the wheat. This was on the way back – no road – He then undid my braces and pulled down my trousers – he put his diddle in my bottom – his person – My face was buried in the siftings of the straws. He never hurt me much. He hurt my (bad ?) sore knee more than anything else. He hurt my bottom. I felt his ----- coming inside me. He let me get up after about 20 minutes. When he let me up he was (grinning ?) at me. He was buttoning up his trousers in front – when he had me down he said nothing.
62
I could not speak. While he was in me my bottom was all sore. It was sore for 2 or 3 days after – I don’t remember anything more – I remember being (examined ?) at the Police Court. I went first and the prisoner followed me. I went straight home, prisoner went with me to the house – and then went on. When I got home I spoke to my brother, to my elder brother Tom. Tom did not (?) my having made any communication to my mother. I had to go to the closet as soon as I went home –
63
The pain continued for 3 days – I felt it about every ½ hour. Dr Kelty examined me. On the way home from the hay stack he said if he had a tomahawk he would go and get some opossums – Dr Kelty examined the day after.
Cross-examined by Buchanan. I gave evidence at the Police Court – It was taken down in writing. He took hold of me by one arm and then by the other – and held them in front of me with one of his hands – I think I said that – I said he was standing behind me –
64
He laid me down with my head and face buried in the chaff. I said that. He undid my braces and let down my trousers. He kept me down about 20 minutes or 25 minutes. I said so. He remained in that position holding my hands all the time – He was lying on me.
Witness’s Deposition read at Buchanan’s request.
All (?) He held my hands – kept me in that position about 20 or 25 minutes. I could not turn about, he was all on top of me.
65
I did not ask him why he was doing that – I said nothing to him – I never opened my mouth. I did not lift my head outside the straw. I tried to get away once or twice but I could not – Nobody ever did this to me before. When he got up I did not see his person. I did not tell my mother – I told my brother Tom a little before dinner.
66
Mary Kelly examined by Armstrong. I live on the Junction with my husband, a miner there – George Edward Kelly is our second son – our eldest is Thomas 13 – the other 11 – I saw prisoner on 20th of last July – outside my house – He bid me the time of day. The eldest boy came in and said something – I went out and saw prisoner – and told him George could go with him. They went about 9 o’clock in the morning. He came back about 11 ½.
67
He was flurried and had a bad head-ache – and did not take (lunch ?). His eldest brother told me something – and I told my husband – the same evening I gave information to the Police – Next day my husband went to Dr Kelty – about next day.
Cross-examined by Buchanan. It was about 4.30 o’clock when my eldest son spoke to me. Prisoner came home with the boy.
68
William Kelty examined by Armstrong. Duly qualified medical practitioner at Carcoar. Notes made on the day I examined the boy – after I examined the boy. I know George Edward Kelly – He was brought to me afterwards by his father and the constable. I examined the boy about the anus. I found the part round there slightly inflamed. The (inner ?) part of the (bowel ? canal ?) was slightly relaxed – no laceration – If (committed ?) – not necessarily excoriation. That would depend on the (?) of the (water ?) organ and the
69
amount of resistance. I could not form any opinion what occurred apart from what I (had ?). Whether marks of violence would remain would depend on the (person ?). (?) would be (caused ?) – by (?) and inflammation – If assaulted – you would find these appearances. If boy assaulted I would expect these appearances – but they were very slight.
Cross-examined by Buchanan. All might proceed from various causes.
Case for Crown.
Prisoner makes statement – 10 o’clock when I left the (tent ?) and back at 11 o’clock. (spite ?) – Kelly and my father. Constable asked me did I see the boy in the evening.
70
Buchanan to Jury – see page 72
72
Queen v Edwards. 5
Jury retire about 4 o’clock and at 9½ o’clock not having agreed they are locked up for the night.
Saturday October 15 – ’87
10 o’clock – Jury not having yet agreed at their request I read the Doctor’s evidence and they again retire. At 4 o’clock pm not having agreed I discharge the Jury from finding a verdict.
~ ~ ~ ~ ~
The Bathurst Daily Times, Fri 14 Oct 1887 6
BATHURST CIRCUIT COURT.
(Before His Honor Mr Justice Fawcett.)
CIRCUIT COURT opened at 10 am today.
Mr Armstrong acted as Crown Prosecutor, instructed by Mr Wiltshire for the Crown solicitor; Mr Plunkett as Judge’s associate; and Mr JB Dulhunty, JP., as Deputy Sheriff.
The barristers present were– Messrs Buchanan, Butterworth, Moriarty and FB Rolin.
The solicitors present were– Messrs JH McIntosh, AG Thompson, SW Webb, J McPhillamy and FB Kenny.
Sub-Inspector Forde, of Orange, was the officer in charge of the court.
…
UNNATURAL OFFENCE.
Peter Edwards, was charged with having, on the 20th July last, at The Junction, assaulted George Edward Kellet [aka Kelly], a boy, and committed an unnatural offence.
Prisoner, who was defended by Mr David Buchanan, instructed by Mr SW Webb, pleaded not guilty.
(Case proceeding.)
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The Bathurst Daily Times, Sat 15 Oct 1887 7
BATHURST CIRCUIT COURT.
(Before His Honor Mr Justice Fawcett.)
The Circuit Court opened at 10 am today.
Mr Armstrong acted as Crown Prosecutor, instructed by Mr Wiltshire for the Crown solicitor; Mr Plunkett as Judge’s associate; and Mr JB Dulhunty, JP., as Deputy Sheriff.
The barristers present were– Messrs Buchanan, Butterworth, Moriarty and FB Rolin.
The solicitors present were– Messrs JH McIntosh, AG Thompson, SW Webb, J McPhillamy and FB Kenny.
Sub-Inspector Forde, of Orange, was the officer in charge of the court.
…
UNNATURAL OFFENCE.
Peter Edwards, was charged with having, on the 20th July last, at The Junction, assaulted George Edward Kellet, a boy, and committed an unnatural offence.
Prisoner, who was defended by Mr David Buchanan, instructed by Mr SW Webb, pleaded not guilty.
Constable [James Joseph] Greniger [aka Grenenger] deposed to the arrest of the prisoner at Mandurama.
George Edward Kellet, aged 11, whose father fed the battery at The Junction gold mine, 13 miles from Carcoar, deposed that the prisoner induced him to go with him to a straw stack, and there committed the offence, while witness was unable to call out, as his mouth was full wheat siftings; when witness got home he made a statement to his brother; he had suffered pain from the assault, and had to go to a doctor.
The mother, [Mary Kelly], of the lad deposed that from something her eldest son had told her she had sent her son George to the doctor.
Dr [William] Kelton [aka Kelty] gave medical evidence to prove that there were some evidences that the lad had been tampered with, but that the symptoms might have arisen frem [sic] many and various causes.
The prisoner, [Peter Edwards], in his address to the jury gave a general denial to the charge, and said that it was laid because the boy Kellett’s [sic] had a spite against him and his brother.
Mr Buchanan addressed the jury and said the crime with which his client was charged was so horrible that complete proof should be afforded before a jury convicted a man of it.
His Honor, in summing up, said he, the jury and all would be inexpressively gratified if they could be convicted that the abominable crime with which the prisoner was charged had never been committed; but on the other hand they had to consider whether that boy of 11 years of age, who knew that nature of an oath, had perjured himself and told a diabolical lie for some unknown purpose. The alternative. If there had been no evidence but that of the boy, he (his Honor) would have been compelled to tell the jury to dismiss the case; but they were to consider whether the circumstantial, gross, and hideous tale told by the boy was all an invention, when taken in connection with the subsequent incidents of his condition on arrival at home on his visit to the doctor.
The jury then retired, and at 6 pm had not agreed.
SATURDAY, OCTOBER 15th.
His Honor took his seat at 10 am.
JURY DISAGREED.
The jury in the case of Peter Edwards, arraigned for an unnatural offence, reported that, after having been locked up all night, teey [sic] could not agree.
His Honor asked them to again retire to consider their verdict. He would assist them in any way they desired.
The foreman said the jury wanted to obtain medical evidence as to the testimony of the clothes worn by the boy at the time of the perpetration of the alleged offence.
Mr Buchanan objected to any fresh evidence being given for the Crown, as the Crown case had closed. But he did not object to the doctor’s evidence, given at Carcoar being read.
To this the Crown Prosecutor objected, but, as the jury desired it, his Honor read over the medical evidence, and the jury again retired.
~ ~ ~ ~ ~
The Bathurst Free Press and Mining Journal, Sat 15 Oct 1887 8
CIRCUIT COURT
FRIDAY, OCTOBER 14th.
(Before his Honor Mr Justice Fawcett.)
Mr J Armstrong appeared as Crown Prosecutor, and Mr Wiltshire represented the Crown Solicitor. Mr JB Dulhunty, JP., acted as Deputy Sheriff and Mr Plunkett as Judge’s Associate. The Barristers present were: Messrs D Buchanan, James Moriarty,– Butterworth and TB Rolin. All the local solicitors were in attendance.
The proclamation against crime and immorality which is usually read over at the commencement of this Criminal Court was not read yesterday.
…
UNNATURAL OFFENCE.
Peter Edwards was indicted for that he, on the 20th July, 1887, at the Junction did commit an unnatural offence on a lad named George Edward Kelly. A second count charged him with assaulting the said Kelly.
Prisoner pleaded Not Guilty and was defended by Mr D Buchanan, instructed by Mr SW Webb.
The evidence was of the most revolting character and if true went to show beyond doubt that one of the most abominable crimes ever perpetrated had been committed.
The evidence was called for the defence, and the prisoner made a statement in which he denied the truthfulness of the accusation. He and his father had gone to Californian Reef in search of work and had been promised a position in the mine which would tend to reduce Kelly (the boy’s father). Prisoner’s father had once employed Kelly, and he (the prisoner) believed that this charge had been preferred against him solely out of spirit [sic].
Mr Buchanan addressed the jury.
His Honor, in summing up referred to the heinousness of the crime and took particulars pains to lay the case clearly before the jury. With reference to the accusation made by prisoner against the lad’s father he (his Honor) said that while the charge was horrid if true, it was still more horrible if untrue and he could scarcely conceive that any parent, out of mere spite, for fear of being reduced in position, would direct his son, not only to made the accusation, but to carry it out in his examination, both at the Police Court and afterwards at the Criminal Court.
The jury retired and were not decided when we went to press.
~ ~ ~ ~ ~
The Bathurst Daily Times, Mon 17 Oct 1887 9
BATHURST CIRCUIT COURT.
(Before his Honor Mr Justice Fawcett.)
SATURDAY, OCTOBER 15th.
His Honor took his seat at 10 am.
Mr Armstrong acted as Crown Prosecutor, instructed by Mr Wiltshire for the Crown solicitor; Mr Plunkett as Judge’s associate; and Mr JB Dulhunty, JP., as Deputy Sheriff.
The barristers present were– Messrs Buchanan, Butterworth, Moriarty and FB Rolin.
The solicitors present were– Messrs JH McIntosh, AG Thompson, SW Webb, J McPhillamy and FB Kenny.
Sub-Inspector Forde, of Orange, was the officer in charge of the court.
JURY DISAGREED.
The jury in the case of Peter Edwards, arraigned for an unnatural offence, reported (at 10 am) that, after having been locked up all night, they could not agree.
His Honor asked them to again retire to consider their verdict. He would assist them in any way they desired.
The foreman said the jury wanted to obtain medical evidence as to the testimony of the clothes worn by the boy at the time of the perpetration of the alleged offence.
Mr Buchanan objected to any fresh evidence being given for the Crown, as the Crown case had closed. But he did not object to the doctor’s evidence, given at Carcoar being read.
To this the Crown Prosecutor objected, but, as the jury desired it, the Associate read over the medical evidence, and the jury again retired.
At 4.45 pm the jury reported that they could not agree, and they were consequently discharged.
Prisoner was ordered to appear for re-trial on Monday. Mr Buchanan asked for bail, which was allowed– self in £100, and two sureties of £50.
~ ~ ~ ~ ~
The Bathurst Free Press and Mining Journal, Tue 18 Oct 1887 10
CIRCUIT COURT
SATURDAY, OCTOBER 15th.
(His Honor took his seat on the bench at 10 am.)
UNNATURAL OFFENCE.
Peter Edwards, who had been charged on the previous day with having committed an unnatural offence upon George Edward Kelly, was again placed in the dock.
The case closed on Friday before 4 o’clock but the jury were unable to agree, and at 9 o’clock at night they were locked up until the opening of the Court next day. Upon entering the Court the foreman, in answer to His Honor, said they were unable to agree.
His Honor said that they must again retire, consider their verdict and decide one way or other. If he could assist them by reading the evidence over again, or explaining any point of law.
The jury said they desired to ask the medical man some questions.
Sub-Inspector Ford said the Dr Kelty who lived at Carcoar had returned to his home.
His Honor said that this was the last time he would allow a witness to leave before the close of a case, and asked for a medical man in Bathurst being sent for.
The jury then said that they would like to see the clothes worn by the lad at the time, and which were referred to at the police court examination, and evidence given by a doctor upon them.
Mr Buchanan objected to any other doctor being examined, and he also objected to the production of the clothes, but would not object, as the jury wished it, to have that portion of Dr Kelty’s evidence given at the police Court with reference to the examination of the clothes, read over.
The Crown Prosecutor objected to this course, and it was decided to allow the matter to rest as it was. His Honor having read over Dr Kelty’s evidence given yesterday, the jury again retired.
The jury remained in their rooms until 4.30 o’clock when they again returned and in answer to His Honor the foreman stated that the jury were not agreed, not was there the slightest probability of their agreeing. This statement was afterwards made on oath, and the foreman added that they were of the same opinion now as they were ten minutes after they left the court on the previous day.
His Honor said that under the circumstances he would discharge the jury, but expressed regret at their being unable to agree.
Mr Buchanan applied to have the case either tried at the present sittings or else that the prisoner should be discharged. He had already been in gaol for three months, and it would not be fair to keep this charge hanging over him any longer.
The Crown Prosecutor said he would give a reply to this application on Monday, and in the meantime prisoner was remanded on bail, himself on £100 and two sureties of £50 each.
…
MONDAY, OCTOBER 17th
(His Honor took his seat on the Bench at 10 o’clock).
APPLICATION.
Mr Buchanan said that he wished to make an application to his Honor. On Saturday last after the prisoner Edwards, for an unnatural offence, had been dealt with, the Crown Prosecutor intimated that he would go on with it on Monday. He now said he was not prepared to go on at this sittings, and he now urged his Honor to instruct the Crown to go on at once. This was an odious charge, and the prisoner having already had it hanging over his head for three months it should be settled without delay, or else he should be discharged. At this Court the gaol was cleared, and it was only in justice to prisoner that this case should now be heard. His witnesses were in attendance, and all the parties had remained in town for the purpose.
The Crown Prosecutor said he was not prepared to go on, and thought that in the interest of justice it would not be advisable to go on with the case. Courts of Quarter Sessions would be held in Cowra on the 31st instant, and at Orange on 11th November. At either of these Courts he could be tried.
His Honor asked the Crown Prosecutor why he could not go on, and added that although he had no power to control the Crown, yet if no satisfactory reasons were given for delay he would have to take another course. He has here to clear the gaol, and this could not be done by prisoner being out on bail.
The Crown Prosecutor thought it would be better if prisoner was tried by a fresh jury. They saw the result of the trial last week.
His Honor said that prisoner was entitled to be tried, but if he and the Crown exercised their right of challenge to the full extent it would be impossible to empannel [sic] a jury.
Mr Buchanan said he would undertake not to challenge a single juror.
His Honor said that it would better meet the end of justice to have the case tried at once, and the Crown Prosecutor said that having heard the opinion expressed by his Honor he would not object.
The hearing was fixed for Wednesday morning.
~ ~ ~ ~ ~
The Bathurst Daily Times, Wed 19 Oct 1887 11
CRIMINAL JURISDICTION.
————
WEDNESDAY, OCTOBER 19th.
(Before His Honor Mr Justice Fawcett.)
Mr Armstrong, instructed by Mr Wiltshire, (for the Crown solicitor) acted as Crown Prosecutor.
UNNATURAL OFFENCE.
Peter Edwards, was charged with having, at Carcoar, on 20th July, committed an unnatural offence on George Edward Kelly; on a second count with having attempted to commit the said offence; and on a third count, with indecent assault.
Prisoner, who was defended by Mr David Buchanan, instructed by Mr SW Webb, pleaded not guilty. This was re-trial, the jury on a previous day having disagreed.
The evidence having been taken, and Mr Buchanan having addressed the jury, his Honor summed up, and the jury retired to consider their verdict.
~ ~ ~ ~ ~
Justice P Faucett’s Notebook 12
J
[Bathurst, 2nd Trial] Wednesday 19 October 1887
Queen v Edwards – Second Trial – George Edward Kelly
Buchanan for prisoner.
James Greninger 13 examined by Armstrong. Constable at Mandurama. On 26th July I went to prisoner’s tent and found him asleep. I roused him up and said I want you. He said what do you want me for. I said get up and I will tell you. He got up and dressed himself. I then told I wanted him for committing an indecent assault on the boy George Edward Kelly. I said were you (?) yesterday. He said I was away kangaroo hunting.
K
I said did you meet the boy George Kelly yesterday when you were kangaroo hunting. He said no. I said did you see him at all yesterday. He said no. I took him to the lock-up and charged him. He said he knew nothing about it.
Cross-examined by Buchanan. I didn’t ask boy where you were yesterday afternoon. 14
George Edward Kelly examined by Armstrong. I live with my father James Kelly at The Junction and with my mother. I am 11 years old. I remember Wednesday the 20th July – I saw prisoner that day – I knew him before. He came to our place and wanted me to go to the Post Office with him – about 2 miles off. I went with him. He stopt about 100 yards from the Post Office – and I went on. I got no letters. I then went towards home with prisoner – no one else with us. He asked me would I go up to the straw stack with him as he wanted to get some straw for his tent. The straw stack was about ½ a mile off – in an old cultivation paddock. A house there – but no one living in it. In under the stack – he caught hold of me by the arms. He was behind me – He was standing up.
L1
He put my hands under me and laid me down. He then undone my braces and let my trousers down. I was then on my belly – lying down. I never cried out. I did not know what he wanted to do with me – He put his diddle in my bottom – his person – I am quite sure of that. I felt it inside me. He hurt me a good bit. He hurt my sore knee by laying on it – more than any other part. I was there about 20 minutes. He never told me what he was going to do. It was not with my consent. Prisoner gave me nothing afterwards. My face was buried in chaff. I got up – Did up my trousers – and went on towards home – He came with me. He only said as he was going home – that if he had a tomahawk he would go and get opossums. When I got home I had to go to the closet. I felt pains inside me when I went to the closet – and about every half hour. The clothes I wore that day – These. Not washed since then. When I got home I told my elder brother – I heard him making a communication to my mother. I then went to get wood. I had to go to the closet about 3 o’clock. Next day I went to Carcoar. My father took me to the Hospital.
L2
Dr Kelty examined me. At the straw stack he did not take any straw.
By Juror. I did not ask what he was doing – I never had any quarrel with prisoner – I knew him about six weeks – I used to see him every day.
Cross-examined by Buchanan. I said the other day 20 or 25 minutes. He stopt that long on me – I don’t [know] which is right – 20 minutes – or some 25. He had hold of both my hands. He had my hands under me. I don’t remember saying he had hold of both my hands under me. I never cried out. When I (found ?) him in me I did not cry out – because he had my head buried in chaff. Chaff siftings. If I opened my mouth all the chaff would get into my mouth – I could breathe – by my nose – nothing got into my mouth. Old siftings and chaff. I could not lift my head out of the chaff. He was lying on my head with so much weight as to prevent me from lifting my head – I could not lift it up. I could not kick – he had his legs on top of my legs. I don’t know whether he [sentence unfinished]. His legs were on mine – not between them
L3
By Juror. There was some weight on my head. I got up – done up my trousers – and went home. I said nothing to him. He said nothing when he got up – When about half way home he said if he had a tomahawk he would (?) and get some possums. I told my brother after dinner – about 12½ or 1 o’clock. I heard my brother tell my mother – about 4½. My brother never did anything like this – he never attempted it – nor any one else.
By Armstrong. I had no watch – I guessed the time. He had my hands under me and he was pressing me. Holding my hands. Going home – I went first – He followed me.
By Buchanan. I was in front of him about 2 or 3 yards.
By Juror. I was lying quite flat on my belly for about 20 minutes.
Another Juror. He said nothing to me. I said nothing to him.
Another Juror. I was (?) him about 25 minutes. My legs were together. The old husks off the wheat are the siftings.
Constable Greninger. I visited the place. The (huskings ?) of the wheat – a heap of them. I visited the place on the 22nd.
M
A heap of chaff – It is a cultivation paddock. No cattle there. I saw the boy’s tracks – no other tracks – but the small tracks of a boy. He walked in to Mandurama on the 20th with his father – 8 miles – and walked back the next day – The tracks were on the path track. It had been very wet – and the chaff was (spongy ?) and wet – hard and spongy.
By Armstrong. Heap about 18 inches high – and 6 or 8 feet long. I (tried ?) it and it gave way.
Mary Kelly examined by Armstrong. Wife of James Kelly and mother of George E Kelly. Has another elder son. Lives at The Junction. I remember the 20th July – I saw prisoner at our house that morning – The boy went out with him about 9 o’clock and returned about 11½. My husband was out at work – he came to dinner at 12. – he went out again and came back about 5. I saw the boy when he came in – he did not look in his usual way – I thought he had a head-ache – he was subject to them. He had no head-ache when he came back. When he came back he looked flushed in the face – and not in his usual state.
M1
The elder boy was about the place. The elder boy told me about 4 o’clock – he had dinner late that day – about 2 o’clock. They went out to get some palings – and when they came back my elder son told me something. I told his father and he went into Mandurama with the elder boy that evening. He took the younger boy into Carcoar next morning.
Cross-examined by Buchanan. Prisoner’s father was working in a mine. I don’t recollect anything about a Petition to dismiss him – signed by my husband. I don’t recollect ever hearing of such a thing. He asked the elder boy, when it turned 12, to go with him. I told him I would not let him go but that the younger might go.
By Juror. I have known [prisoner ?] about 10 years. Prisoner and his father left (?) Creek about 5 years ago. He was at my house on several occasions. I don’t remember anything about a Petition.
Constable Greninger. I made a mistake – it was his elder brother that came with his father into Mandurama on the 20th.
M2
William Kelty examined by Armstrong. Duly qualified medical practitioner. I know the boy George Edward Kelly. His father and the Police constable brought him to me about 4½ in the afternoon on Thursday 21 July – I examined the boy. Next to anus or lower end of the bowel there was slight (inflammation ?). The muscle at the lower end of the bowel was relaxed. That is all I observed. I could not swear what caused that. It might be caused by the male organ entering the bowel – or a finger or a stick. It was not the (regular ?) (external ? ordinary ?) appearance. I examined his clothes. I found no marks of seminal fluid on them.
Cross-examined by Buchanan. The appearance might be caused by (?) (?). There was no disease. Diarrhoea would not cause the relaxation – It could cause inflammation further up the bowel. There must be penetration of something to cause relaxation. No external signs that I saw that would cause (relaxation ?). (?) (to bowel ?) – (?) (in anus ?) – (shows ?) (some ?) (penetration ?) of the bowel. (?) (significant ?) (appearance ?). Sitting on a wet seat could cause inflammation such as I saw – not such relaxation as I saw.
M3
The relaxation was not slight. (Promonotory ?) symptoms of piles – which cause inflammation – but not relaxation. Weakness of the bowel alone would cause the relaxation. I did not see any signs of the (?) I mentioned. I could (ascertain ?) if there were inflammation of the bowel alone. I found no trace (there ?).
By Armstrong. The inflammation might have been caused by sitting on a wet seat, not the relaxation. I (?) as to (?) by asking him to (?). They must have been (?). He complained of no pain.
GE Kelly by Juror. I rode on a (butcher’s ?) cart to the doctor.
James (Alphonse ?) Kelly by Buchanan. I (remember ?) prisoner’s father (being ?) employed at the time – I (remember ?) a Petition (Out ?) to dismiss the prisoner’s father. It was to prevent (us ?) from being obliged to (deal ?) in his son-in-law’s (?). I signed the Petition.
By Armstrong. I never had an angry word with one of (them ?). I continued to work under his father. I never had an angry word with him.
Case for Crown.
N
Prisoner [Peter Edwards] makes a statement. He came to (the ?) (father ?) and asked if he would put (him ?) on. He had dismissed other men and put other men in their place. Constable said did I see the boy that evening. I said no.
Constable Greninger by Juror. I never saw the Kelly family till they called upon me. I know nothing about their reputation. Their place is about 8 miles from Mandurama. I have heard the highest opinion of them from every one.
Buchanan to Jury. Could get medical man to contradict the whole evidence of the Doctor. (Promonotory ?) symptoms. Medical evidence in our favour.
Verdict. Guilty of the attempt.
Sentence. Penal servitude for 5 years.
~ ~ ~ ~ ~
The Bathurst Free Press and Mining Journal, Thu 20 Oct 1887 15
CRIMINAL COURT.
UNNATURAL OFFENCE.
Peter Edwards, on bail, was then placed in his trial. He was defended by Mr Buchanan, instructed by Mr Webb.
The Crown Prosecutor stated that facts of the case and then proceeded to call witnesses. No fresh evidence was added.
Mr Buchanan addressed the jury and his Honor summed up. The jury then retired, and after an absence of 3½ hours, returned into Court with a verdict of Guilty on the second count, viz., assault with intent.
His Honor then addressed the prisoner on the enormity of his crime, and sentenced him to five years’ penal servitude.
This closed all the cases in the Assize Court.
~ ~ ~ ~ ~
The Bathurst Daily Times, Thu 20 Oct 1887 16
CRIMINAL JURISDICTION.
WEDNESDAY, OCTOBER 19th 1887.
(Before His Honor Mr Justice Faucett.)
Mr Armstrong, instructed by Mr Wiltshire, (for the Crown solicitor) acted as Crown Prosecutor.
UNNATURAL OFFENCE.
Peter Edwards was charged with having, at Carcoar, on 20th July, committed an unnatural offence on George Edward Kelly; on a second count with having committed an assault with intent; and on a third count, with indecent assault.
Prisoner, who was defended by Mr David Buchanan, instructed by Mr SW Webb, pleaded not guilty. This was re-trial, the jury on a previous day having disagreed.
The evidence having been taken, and Mr Buchanan having addressed the jury, his Honor summed up, and the jury retired to consider their verdict.
After an absence of 3½ hours, they returned into court with a verdict of guilty of assault with intent.
Prisoner protested his innocence, and begged for mercy of the court, as he had already been three months in gaol.
His Honor said this was a sad case. It was one of the worst kind of offences, and to be denounced in the strongest terms, for it debauched both the minds and bodies of the young. Prisoner had not only attempted to corrupt the boy Kelly, but also to brand him as a perjurer. The sentence of the Court was that prisoner be sentenced to penal servitude for five years.
Prisoner was then removed, and the court was adjourned sine die.
~ ~ ~ ~ ~
Peter Edwards, Gaol photo sheet 17
![SRNSW: NRS2397, [3/6009], Parramatta photographic description book, 1880-1891, No. 387, p. 153, R5136.](/images/trials/1887-Edwards-6009-gaol-photo-387.jpg "SRNSW: NRS2397, [3/6009], Parramatta photographic description book, 1880-1891, No. 387, p. 153, R5136.") |
Gaol Photo Sheet - Transcribed Details
No. 387
Parramatta
Date when Portrait was taken: 16-11-1887
Name: Peter Edwards
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Native place: Victoria Year of birth: 1868 Arrived Ship: Trade or occupation Religion: C of E Education, degree of: R & W Height: 5' 8½" Weight On committal: Colour of hair: Brown Colour of eyes: Blue Marks or special features: Nil |
Where and when tried: Bathurst GD Offence: Sodomy Sentence: 5 years PS Remarks: Nil |
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(No. of Previous Portrait ... ) PREVIOUS CONVICTIONS |
| Where and When | Offence. | Sentence | |||
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Nil |
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1 Evening News, (Sydney, NSW), Fri 22 Jul 1887, p. 5.
2 SRNSW: NRS880, [9/6750], Supreme Court, Papers and depositions, Bathurst, 1887, No. 112. Emphasis added.
3 Mn: (Regina v. Edwards).
4 SRNSW: NRS5927, [2/3962], Judiciary, P Faucett, J. Notebooks Circuit Courts, 1865-87, pp. 56-70, 72. Emphasis added.
5 Mn: Regina v Peter Elliott [sic] unnatural offence
6 The Bathurst Daily Times, Fri 14 Oct 1887, p. 2.
7 The Bathurst Daily Times, Sat 15 Oct 1887, p. 2. Emphasis added.
8 The Bathurst Free Press and Mining Journal, Sat 15 Oct 1887, p. 3.
9 The Bathurst Daily Times, Mon 17 Oct 1887, p. 2.
10 The Bathurst Free Press and Mining Journal, Tue 18 Oct 1887, p. 3.
11 The Bathurst Daily Times, Wed 19 Oct 1887, p. 3.
12 SRNSW: NRS5927, [2/3963], Judiciary, P Faucett, J. Notebooks Circuit Courts 1866-87, pp. J-N. Emphasis added.
13 In transcript of depositions for 1st Trial, this was given as Grenenger. The judge’s notes here have a clear and definite ‘i’ in the centre, rendering it Greninger.
14 Sentence very unclear. Could also read ‘I did not say what you saw yesterday afternoon’.
15 The Bathurst Free Press and Mining Journal, Thu 20 Oct 1887, p. 2.
16 The Bathurst Daily Times, Thu 20 Oct 1887, p. 3.
17 SRNSW: NRS2397, [3/6009], Parramatta photographic description book, 1880-1891, No. 387, p. 153, R5136.