Depositions for Thomas Gillanders and William Hargraves 14 Mar 1887 Sydney trial 1
1
(M., 11 and 12 Vic., Cap. 42.)
Depositions of Witnesses.
New South Wales, Sydney
TO WIT. }
The examination of Constable James Hogg of the Police Force in the Colony of New South Wales, William Edward Strong of Sydney medical practitioner and Detective Edward Keating of the Police Force, in the said Colony, taken on oath, this 18th day of February in the year of Our Lord one thousand eight hundred and eighty seven at Central Police Office 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 Thomas Gillanders and William Hargraves who is [sic] charged this day before me, for that they the said Thomas Gillanders and William Hargraves, on the 17th day of February instant at Sydney in the said Colony, did attempt to commit the abominable crime of buggery.
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Thomas Gillanders
and
William Hargraves
Attempting to commit the abominable crime of buggery.
Constable James Hogg on oath states.
About 9 pm yesterday I saw the prisoners in Belmore Park, a public place in Sydney. The prisoner Gillanders was lying on his stomach on the ground. His trousers were down near his knee and his shirt folded up near the small of his back and pushed in below a leather belt he had round his waist. The prisoner Hargraves was lying on the top of prisoner Gillanders
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on his stomach in full length. Hargraves’ trousers were undone in front. He was moving as if he was having connection with Gillanders. I spoke to them. Hargraves rolled off Gillanders and I saw his person exposed. It was erect. Gillanders turned round and sat up. I was present when the prisoners were examined by Dr Strong. The park was very wet. Gillanders’ trousers were wet on the knees and in the front. There was also mud on them. I saw the same discolouration near his buttocks. After prisoners were examined by the doctor I took them to Number Two Police Station and there charged them with
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attempting to commit the abominable crime of buggery one with the other. Hargraves said “I was making water on the grass. I did not wish to let anyone see me.” Gillanders made no reply. It was dark last night and prisoners were in a secluded spot.
By Gillanders: You were lying on your side stomach not on your side.
[Signed] Jas Hogg.
Sworn on February 18 1887 before.
[Signed] Thomas Kingsmill Abbott, SM.
5
William Edward Strong on oath states.
I am a legally qualified Medical Practitioner and Government Medical Officer for Sydney. Prisoners were brought to me last night about half past 9 o’clock. I found the trousers of Gillanders and the shirt in the position as stated by last witness. I examined Gillanders’ fundament and found the anal opening red, inflamed and excoriated evidently indicating some attempt had been made.
I also examined the person of Hargraves. His person was also red and slightly excoriated.
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The buttocks of Gillanders were dirty.
[Signed] WE Strong.
Sworn on February 18 1887 before.
[Signed] TK Abbott, SM.
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Detective Edward Keating on oath states.
About 9 pm last night I was present at Number Two Station when prisoners were brought in by Constable Hogg. The prisoner Gillanders’ trousers on the knees were wet and dirty.
I saw Gillanders put his hands behind his back. I took his coat and vest off and his shirt was tightened up under a leather belt about four inches above the small of the back. His trousers on top of the belt and only one a [sic] two buttons fastened in front. I was present when he was examined
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by the doctor. His buttocks were discoloured like the trousers on the knees. I was present when he was charged. He made no reply. I asked him why he wore his shirt that way. He made no reply.
[Signed] Edward Keating.
Sworn on February 18 1887 before.
TK Abbott, SM.
9
(N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales, Sydney
TO WIT. }
Thomas Gillanders stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 18th day of February in the year of Our Lord one thousand eight hundred and eighty seven for that he, the said Thomas Gillanders on the 17th day of February instant at Sydney, in the said Colony, did attempt to commit the abominable crime of buggery and the examination of all the witnesses on the part of the prosecution having been completed, and the depositions taken against the accused having been caused to be read to him by me, the said Justice, (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 Thomas Gillanders, and the witnesses for the prosecution Constable James Hogg Dr William Edward Strong and Detective Edward Keating being severally examined in his presence, the said Thomas Gillanders 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 Thomas Gillanders saith as follows:– “I have nothing to say.”
Taken before me, at Sydney, in the said Colony, the day and year first above mentioned.
[Signed] TK Abbott, SM.
10
(N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales, Sydney
TO WIT. }
William Hargraves stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 18th day of February in the year of Our Lord one thousand eight hundred and eighty seven for that he, the said William Hargraves on the 17th day of February instant at Sydney, in the said Colony, did attempt to commit the abominable crime of buggery and the examination of all the witnesses on the part of the prosecution having been completed, and the depositions taken against the accused having been caused to be read to him by me, the said Justice, (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 William Hargraves, and the witnesses for the prosecution Constable James Hogg Dr William Edward Strong and Detective Edward Keating being severally examined in his presence, the said William Hargraves 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 William Hargraves saith as follows:– “I have nothing to say.”
Taken before me, at Sydney, in the said Colony, the day and year first above mentioned.
[Signed] TK Abbott, SM.
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Committed to Criminal Court to be held on 14th March 1887 at Darlinghurst. Sydney February 18th 1887.
[Signed] TK Abbott, SM.
12
(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
New South Wales
TO WIT. }
Be it remembered, that on the 18th day of February in the year of Our Lord one thousand eight hundred and eighty seven James Hogg a Constable of the Police Force, Edward Keating a Detective of the New South Wales Police in the Colony of New South Wales, 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.
[Signed] James Hogg, Edward Keating.
Taken and acknowledged the day and year first above mentioned, at Sydney in the said Colony, before me
[Signed] William Robert Stewart, JP.
The condition of the within written Recognizance is such, that whereas Thomas Gillanders and William Hargraves was [sic] this day charged before Thomas Kingsmill Abbott Esquire, one of Her Majesty’s Justices of the Peace Stipendiary Magistrates Sydney in the said Colony, with attempting to commit the abominable crime of buggery.
If therefore, they the before mentioned persons shall appear at the next Court of Gaol Delivery to be holden at Darlinghurst in and for the Colony of New South Wales, on the fourteenth day of March 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 Thomas Gillanders and William Hargraves for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Thomas Gillanders and William Hargraves.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] WR Stewart.
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[On the depositions’ cover sheet is the following]
Central Criminal Court
14th March 1887
No. 21
Depositions.
Regina No. 8
v.
Thomas Gillanders
and
William Hargraves
Attempting to commit buggery
See within [initialled] W[illiam] J[ohn] F[oster] AG
Committed: at Sydney
on: 18th February 1887
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Attempt to commit Sodomy
22/2/87
Initialled WJF AG
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Justice MH Stephen’s notebook 2
18
[Darlinghurst, Monday 14 March 1887]
William Hargraves – attempt to commit b-----y with one Thomas Gillanders
Plea not guilty
Thomas Gillanders – consenting to attempt
Plea not guilty
James Hogg. – Constable: It In Belmore Park on 17 February: I saw both prisoners in Belmore Park. Gillanders was lying on his stomach in the grass his trowsers down to about his knees – his shirt rolled up – pushed below his (?) under his belt. Hargraves was lying on top of Gillanders – his trowsers
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unbuttoned – moving his body as if having connection. I said what is this you’re at – no reply. Hargraves rolled off Gillanders and then I saw his person exposed – it was erect – Gillanders turned round & sat up on the grass – I told him to get up – Gillanders commenced to pull up his trowsers. Hargraves made an attempt to conceal his person – and arranged his trowsers but did not button them. They were examined by the doctor – I charged them with attempting the abominable crime of buggery. Hargraves said I was lying on the grass making water. I did not want any one to see me. Gillanders made no reply – when the doctor was examining them I noticed wet dust on Gillanders’ buttocks – apparently caused by sitting down on the grass –
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The knees of his trowsers all wet – It had been raining & the grass was wet –
By Hargraves. I said at the Police Court that you were not far from the tram line – I did not notice that you had only one hand – by me 25 yards from the tram – 28 to the fence.
By Gillanders. I was ly You were lying flat – not on your side.
By Juror. Both sober.
[William] E[dward] Strong. Duly qualified legal medical practitioner. I remember 17 February last. I saw prisoners. Constable brought me them to me. I examined Gillanders. His buttocks very dirty – on separating them the anal
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opening was exhibited a good deal of redness and irritation showing signs 3 of some violent act having been attempted. His shirt & trowsers rolled up & tucked under his belt or waistcoat. I examined Hargraves – his person was in a state of semi erection and excoriated in a measure – showing recent excitement of that part.
By Hargraves. I did state to the Police Court that your person was excoriated in a measure.
Edward Keating. Detective – I remember the prisoners at ¼ past 9 pm. 17 February – I came in to the station. Prisoners had just been brought in by Constable Hogg. I noticed Gillanders put his hand behind him & endeavour to put something down his trowsers. I made him take his coat off & I found that the
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trowsers were over a leather belt next his skin – He had no braces & the shirt folded round the belt about 4 inches above the small of the back – I asked him why he had it that way – & he said he wore it that way. I said why did you want to pull it down – he made no reply – I saw Gillanders when examined by that doctor & found his buttocks all besmeared with damp dust and two or three of the buttons of the fly of the trowsers open – I noticed some of Hargraves’ buttons of the fly of his trowsers open –
Cross-examined Hargraves.
Verdict. Both prisoners not guilty.
Rose at about 5.
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The Sydney Morning Herald, Mon 14 Mar 1887 4
NEWS OF THE DAY.
———◦———
…
The following cases have been set down for hearing at the sittings of the Central Criminal Court, which are to commence at Darlinghurst this morning, before Mr Acting-Judge Stephen:—Donald Kennedy, attempted heinous crime; James Henry Dring, forgery; Thomas Egan, assault with intent to commit a capital offence; James Bennett, assault upon a girl by her father; Lionel Lee and others, conspiracy; Francis RL Rossi, obstructing a clergyman; Thomas Gillanders and another, [William Hargraves], attempted heinous crime; Alick Lee, attempt to murder; Evan A Cameron, Patrick James Flynn, and George Page, criminal assault; Charles Laurence, rape; George Perkins, forgery; and uttering (four charges); Thomas O’Malley, bigamy. Several other committals have taken place, the particulars of which had not been recorded on Saturday.
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The Daily Telegraph, Tue 15 Mar 1887 5
CENTRAL CRIMINAL COURT.
Monday, March 14.
His Honor Mr Acting Judge MH Stephen, QC presided over the Central Criminal Court held at Darlinghurst yesterday, and Mr John Armstrong was Crown prosecutor and Mr Bevan was judge’s associate.
…
UNNATURAL OFFENCE.
William Hargrave [sic], a middle-aged man, and Thomas Gillanders, a young man, were arraigned on a charge of committing an unnatural offence on February 17 last. Prisoner Hargrave made a statement to the effect that Gillanders had run to hide because he saw the police coming, and that they were both lying near the trams and a footpath along which people passed, and, in fact, were quite innocent of the crime. The jury brought in a verdict of not guilty and prisoners were discharged.
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The Sydney Morning Herald, Tue 15 Mar 1887 6
CENTRAL CRIMINAL COURT.
MONDAY, MAR 14.
(Before his Honor Mr Acting Justice STEPHEN.)
The sittings of the Central Criminal Court were commenced at the Darlinghurst Court-house this morning.
Mr J Armstrong conducted the prosecutions on behalf of the Crown.
JURORS FINED.
The following jurors were fined 40s. each for non-attendance:– Thomas Loader, french- polisher, 631 Bourke-street; Arthur Barnett Simmons, furniture dealer, 208 Pitt-street; John Lysaght, ironworker, of North-road, Five Dock.
…
UNNATURAL OFFENCE.
William Hargraves and Thomas Gillanders were acquitted upon an indictment charging them with having committed an unnatural offence.
The Court then adjourned until 10 am on Tuesday.
1 SRNSW: NRS880, [9/6746], Supreme Court, Papers and depositions, Sydney, Mar 1887, No. 21. Emphasis added.
2 SRNSW: NRS7704, [2/7126], Judiciary, MH Stephen, J. Notebooks Criminal, 1886-1904, pp. 18-23. Emphasis added.
3 Mn: quite recent
4 The Sydney Morning Herald, Mon 14 Mar 1887, p. 7. Emphasis added.
5 The Daily Telegraph, Tue 15 Mar 1887, p. 3.
6 The Sydney Morning Herald, Tue 15 Mar 1887, p. 3.