Depositions for William Williams and Phillip Arthur Bolton 17 Oct 1887 Goulburn and 20 Apr 1888 Wagga Wagga trials ¹

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

Depositions of Witnesses.

TO WIT.    }

The examination of Patrick Laurence Vaughan of Narrandera in the Colony of New South Wales, James Edmund Paterson of Narrandera Inn Keeper and James Mitchell of Narrandera, in the said Colony, Surgeon taken on oath, this 30th day of September in the year of Our Lord one thousand eight hundred and eighty seven at Narrandera 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 William Williams and Philip Arthur Bolton who are charged this day before me, for that they the said William Williams and Philip Arthur Bolton, on the 28th day of September 1887 at Narrandera in the said Colony, did commit the abominable crime of buggery.

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William Williams
and
Philip Arthur Bolton
Sodomy

    Senior Sergeant Patrick Laurence Vaughan sworn states:– Yesterday afternoon in consequence of information received I wen into a room in the Criterion Hotel, East Street, Narrandera, where I saw prisoner Bolton in a bed. It was about 5 o’clock in the afternoon. He was in the act of buttoning up his trousers in front. I went outside. Prisoner Williams was pointed out to me going across the street towards Roger’s Hotel. I went after him and brought him back to the room in which Bolton was. I said to them, “What is this you’ve been doing?” Prisoner Bolton

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said “We’re doing nothing.” Williams also said “Nothing.” Williams’s trousers were unbuttoned in the front. I then said “I’ll arrest you on a charge of sodomy.” The prisoner Bolton appeared to be a good deal under the influence of drink; prisoner Williams I imagined feigned drunkenness. I took prisoner to the lock up and immediately sent for Dr Mitchell who was promptly in attendance and had the prisoners examined. Neither of the prisoners made any reply to the charge.

[Signed] Patrick Laurence Vaughan.

Sworn at Narrandera September 29, 1887.
[Signed] Lester Stuart Donaldson, JP.

    James Edmund Paterson sworn states:– I am licensee of the Criterion Hotel in East Street Narrandera. Prisoners came to the hotel yesterday afternoon about

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two o’clock. Williams called for a glass of port wine and a glass of brandy, which I served. Bolton was not in the bar. Williams asked if he could have a room. I said, “Yes.” Mrs Paterson showed him to a room. About two hours afterwards I heard someone in one of the bedrooms say “Oh, don’t.” twice or three times. I opened the door of the room. Bolton was lying on his face on the bed. Williams was on top of him. Bolton’s trousers were down about his thighs. Williams was face downwards on top of Bolton. I did not notice the condition of his clothing. I pulled him off by the feet onto the floor. He fell face downwards. I could not see any disarrangement of his clothing. I believe I said then I would go and get the Police

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I sent for Sergeant Vaughan. I have not seen either of the prisoners before to my knowledge.

[Signed] James Edmund Paterson.

Sworn at Narrandera September 29, 1887.
[Signed] Lester Stuart Donaldson, JP.

    James Mitchell sworn states:– I am Government Medical Officer at Narrandera. Yesterday afternoon I was called to the lock up where I examined the prisoners. On examining Bolton I found the parts between the nates funnel shaped: on gently separating the parts I found the anus very much dilated. The folds around the anus almost obliterated. His penis was in a normal state. On examining Williams I found his penis

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very much inflamed evidently caused by some force or pressure. His anus was in a normal state. Later in the evening I examined with a microscope some of the fluid from Bolton’s rectum and found spermatozoa. Williams’ penis had the appearance usual after sexual intercourse with great pressure. There must have been penetration of Bolton’s parts.

[Signed] James Mitchell.

Sworn at Narrandera September 29, 1887.
[Signed] Lester S Donaldson, JP.

    Prisoners stand remanded until tomorrow. James Edmund Paterson and James Mitchell bound over to appear at such Court as the Attorney General may decide upon.

[Signed] Lester S. Donaldson, JP.

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Friday September 30, 1887

William Williams
and
Philip Arthur Bolton
Sodomy

    No further evidence offered. Prisoners committed for trial at next Assize Court to be holden at Wagga Wagga or at such other Court as the Attorney General may decide upon.
[Signed] Lester S Donaldson, JP.

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

Statement of the Accused.

New South Wales,
TO WIT.                 }

William Williams stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 30th day of September in the year of Our Lord one thousand eight hundred and eighty seven for that he, the said William Williams on the 28th day of September 1887 at Narrandera, in the said Colony, did commit 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; and the said charge being read to the said William Williams, and the witnesses for the prosecution Patrick Laurence Vaughan, James Edmund Paterson, James Mitchell being severally examined in his presence, the said William Williams 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 Williams saith as follows:– “I know nothing about it.”

Taken before me, at Narrandera, in the said Colony, the day and year first above mentioned.
[Signed] Lester S Donaldson, JP

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

Statement of the Accused.

New South Wales,
TO WIT.                 }

Frederick Philip Arthur Bolton stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 30th day of September in the year of Our Lord one thousand eight hundred and eighty seven for that he, the said Philip Arthur Bolton on the 28th day of September 1887 at Narrandera, in the said Colony, did 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 Philip Arthur Bolton, and the witnesses for the prosecution Patrick Laurence Vaughan, James Edmund Paterson, James Mitchell being severally examined in his presence, the said Philip Arthur Bolton 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 Philip Arthur Bolton saith as follows:– “I was very drunk and don’t recollect anything till I was brought to the lock up.”

Taken before me, at Narrandera, in the said Colony, the day and year first abovementioned.
[Signed] Lester S Donaldson, 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 30th day of September in the year of Our Lord one thousand eight hundred and eighty seven Patrick Laurence Vaughan a Senior Sergeant of the Police Force James Edmund Paterson of Narrandera in the Colony of New South Wales, Innkeeper and James Mitchell of Narrandera in the said Colony, Surgeon 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 Narrandera in the said Colony, before me.
[Signed] Lester S Donaldson, JP.

The condition of the within written Recognizance is such, that whereas William Williams and Philip Arthur Bolton were this day charged before Lester S Donaldson Esquire, one of Her Majesty’s Justices of the Peace for the said Colony, with committing the abominable crime of buggery.

If they, the before mentioned persons shall appear at the next Court of Assizes to be holden at Wagga Wagga, in and for the Colony of New South Wales, on the ------ day of ------- 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 William Williams and Philip Arthur Bolton for the offence aforesaid, to the Jurors who shall pass upon the trial of the said William Williams and Philip Arthur Bolton then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] Lester S Donaldson, JP.

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[On the depositions’ cover sheet is the following]

Circuit Court
Wagga Wagga
20th April 1888
No. 180
Depositions.
Regina No. 1
v.
William Williams
and
Phillip Arthur Bolton
Sodomy
See within AG
Committed: at Narrandera
on: 29th September 1887

~ ~ ~ ~ ~

1888
Wagga Wagga
1 to 6 cases
April

~ ~ ~ ~ ~

1. Buggery
2. Indecent Assault
ss. 59 – 319
28 Sep /87
(?) Narrandera
[Initialled] JD
31/10/87

~ ~ ~ ~ ~

Justice FM Darley’s notebook  ²

120

[1st Trial – Goulburn Circuit Court, Monday 17th October 1887]
The Queen v Bolton – Sodomy on 28th September 1887
Pleads not guilty.

    The Attorney General asks for a Remand. Prisoner has no cause to show against trial remand being granted – prisoner remanded to Trial Court as the Attorney General may be fit to appoint.

~ ~ ~ ~ ~

The Goulburn Herald, Tue 18 Oct 1887 ³

THE GOULBURN ASSIZES.

    Were resumed before his Honor Sir Frederick Darley, chief justice, at ten o’clock on Saturday morning.
    The attorney-general (the Hon BR Wise) prosecuted, and was assisted by Mr Dillon.
…

MONDAY, OCTOBER 17.

…

UNNATURAL OFFENCE AT NARRANDERA.

    Philip A Bolton was charged with committing an unnatural offence upon William Williams at Narandera [sic] on the 25th September last. He was further charged with committing an indecent assault upon the same person.
    Prisoner pleaded not guilty.
    The Attorney-general stated that the crown was not prepared to proceed with the case at present, and asked for a remand to such court as the attorney-general may decide.
    Prisoner did not object to the remand, and it was accordingly granted.

~ ~ ~ ~ ~

Justice FM Darley’s notebook   ⁴

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[2nd Trial – Wagga Wagga Circuit, Friday 20th April 1888]

The Queen v   William Williams & Phillip Arthur Bolton – Sodomy Sec. 59
                     William Williams – Indecent assault Sec. 319

Plea – Not Guilty – prisoners undefended.

Offence took place on 28th September 1887. Bolton under influence of liquor, Williams feigned this –

    1st Witness, James Edmund ⁵ Pattison ⁶ examined CP. I am Licensee of Criterion Hotel Narrandera. I recollect the 28th of September last. I recollect prisoners coming to my hotel that day at 2 o’clock in afternoon. I then only saw Williams. He asked for a glass of dark brandy and a glass of port wine.

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He was by himself. I served him (both ?) these drinks. He asked for a bedroom for a night for himself & his mate. I can not say what became of the two drinks. I left the counter at the time & went into my room to dress. This was near the bar. About two hours after when passing between hotel and billiard room I heard some person calling out. I heard someone sing out “Oh don’t, Oh don’t” 2 or 3 times. I turned latch of door & pushed the door in (entrance ?) (to ?) I pushed it open. I then saw Williams on top of Bolton. Bolton had his (trowsers ?) round his thighs lying face (down ?). Williams was lying on top of him. Bolton’s legs were open & Williams betwixt them. Williams was lying with face down

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on Bolton – I couldn’t see condition of Williams’ dress. I then caught him by the feet & threw him on to the floor face downwards – I said I would give them in charge. I went back to the hotel, saw Senior Sergeant Vaughan & brought him out to the place. I told him something. I went back to the room with Vaughan. Bolton was in room standing up – I think Vaughan went into the room first. I then noticed front of Bolton’s dress. He was buttoning his trowsers. This was two or three minutes after I pulled Williams on to the floor. Vaughan was in hotel at time. Vaughan spoke to Bolton. I do not recollect what he said. I had never seen these men to my knowledge before. Bolton appeared

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to be muddled (more ?) than drunk or sober – I do not remember his making an answer to Bolton ⁷. When I said I would give them in charge Bolton made no complaint nor did he afterwards.

    Cross-examined Williams. When you came to my house I believe you came sober (to the best of my knowledge that is) you came sober – I do not know who showed you the room. I swear I do not know what whether you were singing & dancing. I do not recollect cashing a cheque for you of £3 the day before.

    2nd Witness, Patrick Laurence Vaughan examined CP. I am a Senior Sergeant of Police at Narrandera. On 28th September last I was on duty at Criterion Hotel at 4 o’clock in afternoon – I know Pattison. He came

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and told me something. In consequence I went through passage of hotel. A room was shown to me. I walked through (?) to (?). Bolton was there alone. When I 1st went in I could see that Bolton was partly lying on bed – I hurried across the street & saw Williams. I brought him back to room. They were then both together. When I came back Bolton was buttoning up his trowsers. When I overtook Williams the front of his trowsers was unbuttoned. They were then together. I charged them with the offence, I said of sodomy. I said “what have you been doing”. Williams said we have been doing nothing. I can’t recollect that Bolton spoke. Bolton was in a half stupid state then. I couldn’t remember

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if Bolton said “we were doing nothing”. – Williams had had some drink but was apparently sober. When I said I would arrest them I do not think they made a reply. Bolton made no complaint – I took them to the lock up & sent for Dr. Mitchell who arrived within an hour – he made an examination of prisoners. I never saw either of them (?) before.

    Cross-examined Williams. It was between 3 & 4. When you arrested you you were sober but had some drink in you.

    3rd Witness, James Mitchell examined CP. I am legally qualified medical practitioner & government medical officer at Narrandera. I know Senior Sergeant Vaughan. I

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recollect on 28th September last having [been] sent for a little after 4 o’clock in afternoon. I saw the prisoners then. I examined Bolton first. I examined his anus first. When I separated the (part ?) the anus was very much dilated. General (?) & the (?) & (folds ?) almost disappeared – It was not in its normal condition. It appeared to have been violently stretched. It indicated the introduction of such body as the human penis into the rectum – There had been a penetration of the anus – Later on in the evening I took some fluid from the rectum of Bolton. I examined this with a

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microscope in the lock up that evening. I found that it contained spermatozoa, male semen. This was taken with a glass tube from the rectum – I found his penis in a normal state – This introduction was quite recent, parts very much dilated –

    I examined Williams immediately after I examined Bolton. I examined his penis. It was very much inflamed. A (?) under the skin from penis being used. I have had to see the human penis (after ?) connection. This penis showed there had been connection but the inflammation was more severe as if (great ?) pressure used – I examined the shirt Williams had

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on, also Bolton’s clothes. I could not find any seminal stains on either of the clothes. I examined other parts of Williams & found them in a normal condition –

    Cross-examined Williams. I said at the lock up there was nothing the matter with your anus. I said it was in a normal state.

    CP. puts in statements of prisoners before the Police.

Case for the Crown.
Prisoner Williams makes no statement.
     “        Bolton says he was drunk on the day in question. First thing he recollects was that he was in lock up.
I sum up –
Jury  retire at 11.28
  “   return at 11.48
Verdict     Verdict

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Verdict Guilty – Williams on 1st count
Verdict Guilty – Bolton, with a recommendation to mercy. –

Sentence on page 47

47

Saturday 21st April 1888
Sentences
Page 2
William Williams 14 years penal servitude & two floggings ⁸ of 25 lashes each on 30th of April and 30th of July.
Page 2
Phillip Arthur Bolton 5 years penal servitude.

91

    ⁹ I now call before me William Williams and remit that portion of my sentence which orders flogging – Gaol delivered and Court adjourned.

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The Sydney Morning Herald, Sat 21 Apr 1888 ¹⁰

COUNTRY CIRCUIT COURTS.
———◦———
(By Telegraph.)
(From Our Own Correspondents.)
———

…

Wagga Wagga, Friday.

    The Circuit Court opened to-day, the Chief Justice, Sir FM Darley presiding. Mr Merewether was Crown Prosecutor. Henry Gordon, alias Gleeson, charged with horse-stealing, pleaded guilty, and was remanded for sentence. James Druitt, an aboriginal, for rape, was found guilty, and remanded for sentence. William Williams and Phillip Arthur Bolton were found guilty of an unnatural offence, and were remanded for sentence. Mary Lake was found guilty of concealment of birth, and was sentenced to 18 months’ imprisonment. The prisoners remanded will receive sentence to-morrow.

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The Wagga Wagga Advertiser, Sat 21 Apr 1888 ¹¹

CIRCUIT COURT.
FRIDAY, APRIL 20.
(Before his Honour Sir FM Darley, Chief Justice.)

    The Court was opened at 10 o’clock, by his Honour Sir FM Darley, when the following barristers were present:– Messrs JL Mereweather (Crown Prosecutor), Gannon; Judge’s Associate; Mr GV Lamb. Mr J McKenzy, CPS., acted as Crown Solicitor. The following solicitors were also present:– Messrs HB Fitzhardinge, JR Garland, G Coleman, WP De Boos.
…

UNNATURAL OFFENCE.

    William Williams and Phillip Arthur Bolton were charged with having on the 28th September [1887], at Narandera, [sic] committed an unnatural offence.
    Prisoners pleaded not guilty, and were undefended.
    The Crown Prosecutor having stated the case to the jury, called a number of witnesses.
    The evidence, which was of too disgusting a nature for publication, went to show that the prisoners, on the date named in the indictment, went to the Criterion Hotel, Narandera, at about 2 o’clock in the afternoon, and engaged in a bedroom, in which they were subsequently detected in the commission of the act with which they were charged. The prisoners were then arrested, and a medical examination was made almost immediately afterwards. The testimony of Dr Mitchell, of Narandera, who had made the examination, left very little doubt as to the commission of the act.
    The prisoner Bolton made a statement to the jury, saying that he was very drunk, on the day in question, and if any offence had been committed, he knew nothing whatever about it.
    His Honour summed up, and the jury returned a verdict of guilty against both prisoners, with a recommendation to mercy in the case of Bolton (the younger prisoner.) Prisoners were remanded for sentence.

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The Sydney Morning Herald, Mon 23 Apr 1888 ¹²

WAGGA CIRCUIT COURT.
———◦———
(By Telegraph.)
(From Our Own Correspondent.)
———

Wagga Wagga, Sunday.

    The Circuit Court was concluded on Saturday evening. Henry Gordon, alias Gleeson, who pleaded guilty to a charge of horse stealing, was sentenced to three years. Wm Williams and Phillip Arthur Bolton were found guilty of an unnatural offence. The former was sentenced to 14 years, with two floggings of 25 lashes each, and the latter to five years. James Druitt, an aboriginal, was found guilty of rape on a girl under four years of age, at Naranderra, and was sentenced to death. Alex Martin, for assault with intent to commit a rape, received five years. William Henry Sheriff, charged with bigamy, was ordered to be imprisoned till the rising of the court.

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The Wagga Wagga Advertiser, Tue 24 Apr 1888 ¹³

CIRCUIT COURT.
SATURDAY, APRIL 21.
(Before his Honour Sir FM Darley, Chief Justice.)

    His Honor took his seat on the Bench at nine o’clock when the following prisoners were brought up to receive their

SENTENCES.

…
    William Williams convicted of an unnatural offence was next brought up, and after having delivered a very severe censure, his Honour sentenced him to 14 years’ penal servitude, with two floggings of 25 lashes each, one on the 30th April and the other on the 30th July of the present year.

    Phillip Arthur Bolton, who was convicted in conjunction with Williams of participating in his crime, was next brought up, and his Honour said that he was much disposed to give effect to the jury’s recommendation to mercy. He believed that the prisoner was under the influence of drink to some considerable extent, and might therefore be considered not to have been altogether a free agent on the occasion. He would sentence him to five years’ penal servitude.

~ ~ ~ ~ ~

Phillip A Bolton, Gaol photo sheet ¹⁴ 

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Gaol Photo Sheet - Transcribed Details

No. G[oulburn] 584

Date when Portrait was taken: 5 January 1888

Name: Phillip A Bolton

Native place: England Year of birth: 1869 Arrived       Ship: Holt Hill in Colony }   Year: 1885 Trade or occupation previous to conviction  } Labourer Religion: C of E Education, degree of: R&W Height: 5' 8" Weight     On committal: in lbs     } On discharge: Colour of hair: Brown Colour of eyes: Hazel Marks or special features:

Where and when tried: Trial Offence: Sentence: Remarks: Received a sentence of 5 years HL

(No. of previous Portrait ... )  PREVIOUS CONVICTIONS
Where and When				Offence.	Sentence

~ ~ ~ ~ ~

William Williams, Gaol photo sheet ¹⁵ 

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Gaol Photo Sheet - Transcribed Details

No. G[oulburn] 599

Date when Portrait was taken: 27 Apr 1888

Name: William Williams

Native place: Victoria Year of birth: 1858 Arrived       Ship: in Colony }   Year: BC Trade or occupation previous to conviction  } Fellman Religion: C of E Education, degree of: Read Height: 5' 4" Weight     On committal: in lbs     } On discharge: Colour of hair: Brown Colour of eyes: Blue Marks or special features:

Where and when tried: Wagga CC 20 April 1888 Offence: Buggery Sentence: 14 years P.S. Remarks:

(No. of previous Portrait ... )  PREVIOUS CONVICTIONS
Where and When				Offence.	Sentence

 

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¹     SRNSW: NRS880, [9/6768], Supreme Court, Papers and depositions, Wagga Wagga, 1888, No. 180. Emphasis added.

²     SRNSW: NRS5829, [2/2949], Judiciary, FM Darley, CJ. Notebooks Circuit Courts, 1888-1908, p. 120. Emphasis added.