Newcastle Morning Herald and Miners’ Advocate, Thu 19 Mar 1903 ¹

NEWCASTLE POLICE COURT.
Wednesday, March 18.
(Before Mr M[ilton] S[ydney] Love, SM.

…

SERIOUS CHARGE.

    James Gibbs and John Hutcherson [sic] were charged with attempting to commit an offence. After evidence for the prosecution had been given, the accused, who said they were drunk at the time of the alleged offence, were committed to the Maitland Circuit Court, to be held on April 7.

~ ~ ~ ~ ~

Depositions for James Gibbs and John Hutchinson 14 Apr 1903 Maitland trial ²

(a) Town.	Letter from Bench of Magistrates at (a) Newcastle
	transmitting Depositions
(b) Name in full of accused.	in the case Regina Rex v. (b) James Gibbs and John Hutchinson
(c) Offence.	(c) Attempted buggery
(d) Town.	Police Office, (d) Newcastle
	18th March1903
	Sir,
	I have the honor, by direction of the Bench of Magistrates,
	to transmit herewith the Depositions, and other documents in the
(e) Name of accused	case of (e) James Gibbs and John Hutchinson
(f) “His” or “her”	who has been committed to take (f) his [sic]
(g) “Circuit Court,” or  “Quarter Sessions.”	trial at the (g) Circuit Court
	to be held at (h) Maitland	on Tuesday
(h) Town where Court  to be held.	the 7th day of April 1903
	The accused is (i) are confined in Maitland Gaol
(i) “Is confined in the  Gaol at …,” or “has been admitted to bail” (with full particulars as to sureties, addresses, occupations, and amounts, as set out in Recognizance.)
(k) As in Recognizance, both for Crown and defence, specifying also what witnesses gave evidence but were not bound over, with reason for omission.	The Witnesses bound over are (k) Francis John Noble, James Ross and Charles O’Hare
(l) Short description to enable identification.	The Exhibits enclosed are (l) Nil
	I have the honor to be, Sir, Your obedient Servant,
	[Signed] W[alterus] L[e] B[run] Brown
	Acting Clerk of Petty Sessions and Chamber Magistrate
The Secretary, The Under Secretary,
Attorney General's Department, Department of Attorney General and of Justice, Sydney.
N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates
4g 201-90

~ ~ ~ ~ ~

NEW SOUTH WALES POLICE.

Newcastle Station.
March 23rd 1903.

North Eastern District,

Report relative to antecedents of:–
Name: James Gibbs and John Hutchinson
Offence: Attempt to commit the abominable crime of buggery
Committed for trial at: The Maitland Circuit Court
Date 7th April 1903

    Probationary Constable Noble, No. 7922 Reports:– That as far as can be ascertained there is no previous criminal record against either of the men, above referred to.

    The accused Gibb arrived in Newcastle on the 1st of February 1903 in the ship Edynfed of which vessel he was a seaman. He deserted from her in the first week of the same month and stayed at East Greta until his ship went away.

    The offender Hutchinson came to Newcastle in the steamer Port Chalmers on the 4th March 1903 and was paid off on the same date.
[Signed] FJ Noble, Probationary Constable.

~ ~ ~ ~ ~

[Subpoena]

New South Wales
TO WIT.                  }

 

EDWARD THE SEVENTH, by the Grace of
, of the United Kingdom of Great
Britain and Ireland, and of the British
Dominions beyond the Seas, King,
Defender of the Faith, Emperor of India

To: Dr Harris, Government Medical Officers, Newcastle

    Greetings:–
We command you and every of you, firmly enjoining you, that laying aside all pretences and excuses whatsoever, you and every of you be and appear in your proper persons, before Our Justices assigned to hold Pleas before Us, on Tuesday the seventh day of April next, by Nine of the Clock in the forenoon of the same day, at the Circuit Court in our State of New South Wales, in the Court House, situate in Maitland there to testify the truth, and give evidence, on the part of the Prisoner, before Our said Justices, touching a certain information to be preferred against

John Hutchinson

in the case of Unnatural offence
and that you so appear, from day to day, until the case is tried; and this you, or any, or either of you, are not to omit, under the penalty of One Hundred Pounds, to be levied upon your and every of your Goods and Chattels, Lands and Tenements, if you, or any, or either of you shall fail in the premises.

    Witness the Honorable Matthew Henry Stephen, Our Acting Chief Justice of Our Supreme Court of New South Wales, at Sydney, the twenty fourth day of March in the year of Our Lord one thousand eight hundred and nine hundred and three.

For the Prothonotary
MJ Dunphy
Clerk of the Supreme Court.

~ ~ ~ ~ ~

Depositions of Witnesses.

New South Wales, Newcastle
TO WIT.                                   }

The examination of Francis John Noble of Newcastle in the State of New South Wales, Police Constable, James Ross of the Royal Hotel Newcastle yardman and of Charles O’Hare of the Royal Hotel, Hunter Street, West Newcastle engine driver. In the said State, taken on oath this 18th day of March in the year of Our Lord one thousand nine hundred and three at the Newcastle Police Office in the said State, before the undersigned, Stipendiary Magistrate, one of His Majesty’s Justices of the Peace in and for the said State, in the presence and hearing of James Gibbs and John Hutchinson who were charged this day before me for that they the said James Gibbs and John Hutchinson on the 17th day of March in the year of Our Lord one thousand nine hundred and three at Newcastle in the said State, did assault John Hutchinson, and then wickedly and against the order of nature, attempt carnally to know the said John Hutchinson, and with him attempt to commit the abominable crime of buggery, and one John Hutchinson wickedly and against the order of nature allow the said James Gibbs to attempt to commit the abominable crime of buggery upon him.

1

    This deponent Francis John Noble on his oath saith as follows:– I am a Constable of Police stationed at ne. At 11.30 pm yesterday I went to the yard of the Royal Hotel Hunter Street, West Newcastle. I there saw the two accused. The accused Hutchinson was lying on his right side with his legs drawn up. He had his trousers down to his knees and his person was exposed. Accused Gibbs was lying close against accused Hutchinson behind Hutchinson’s back and Gibb had his trousers open in front. I saw accused Gibbs’ penis exposed and his person was in a state of erection and was jammed up close to Hutchinson’s posterior, close to the orifice of his posterior. I struck a match and held it close down to the men to the part I have already described. I said to the two men “What are you doing?” Neither made any reply. I noticed that Hutchinson was in a drunken sleep and the other accused seemed to be under the influence of drink also. I then handcuffed the two men together. Charles O’Hare and James Ross were present when I first had the two accused under observation. These are the two men brought into Court. I arrested the two accused and they both struggled violently

2

all the way to the lock up. I charged the two accused with on the 17th instant at Newcastle attempting one with the other to commit the abominable crime of buggery. Accused Gibb made no reply. Accused Hutchinson said “It’s a bloody lie. I lay down to sleep and when I woke this young fellow (meaning Gibbs) was lying close beside me.” The two accused were examined by Dr Harris the Government Medical Officer.

    By Accused: Gibbs Hutchinson:– You were asleep when I saw you in the yard or appeared to be so.

    Gibbs Hutchinson No questions.

[Signed] FJ Noble.

Taken and sworn at Newcastle, this 18th day of March 1903 before.
[Signed] MS Love, SM

3

    This deponent James Ross on his oath saith as follows:– I am a yard man at the Royal Hotel Newcastle. Between 11 and 12 pm yesterday at about a quarter past 11 pm I was in the yard of that hotel. I saw the two accused in the yard at that time. They were both lying down fast asleep. I could not wake them up. They were lying on their right sides close together. Hutchinson was Gibbs was lying at the back of accused Hutchinson. I saw both men’s clothes disarranged: Hutchinson’s trousers were pulled down and the other accused had the front of his trousers disarranged. I saw the men’s persons exposed I saw Constable Noble come to the yard and he saw them in the same position as I saw them in the yard. I saw the Constable light a match.

    By Gibb Hutchinson: I thought you were drunk when I tried to wake you in the yard. You asked me for three pence for a drink about 5 pm that day.

    No questions by Gibbs.

[Signed] James Ross.

Taken and sworn at Newcastle, this 18th day of March 1903 before.
[Signed] MS Love, PM.

4

    This deponent Charles O’Hare on his oath saith as follows:– I am an engine driver and reside at the Royal Hotel Hunter Street, West Newcastle. About a quarter past 11 o’clock last night I was in the yard of that hotel and there saw the two accused. They were lying down on their right sides, Gibbs was behind the other man Hutchinson close to accused Hutchinson’s back. The clothes of both men were disarranged. Accused Gibbs trousers were unbuttoned at the fly in the front and the accused was bare altogether with his trousers down. When Constable Noble struck a match I saw accused Gibbs penis exposed. Gibbs penis was close to the back part of accused Hutchinson’s posterior. I can’t say whether the men were drunk or sober.

    No questions by either accused.

[Signed] Charles O’Hare.

Taken and sworn at Newcastle, this 18th day of March 1903 before.
[Signed] MS Love, SM.

~ ~ ~ ~ ~

Statement of the Accused.

New South Wales, Newcastle
TO WIT.                                   }

James Gibbs stands charged before the undersigned, one of His Majesty’s Justices of the Peace in and for the State of New South Wales, this 18th day of March in the year of Our Lord one thousand nine hundred and three for that he, the said James Gibbs on the 17th day of March 1903 at Newcastle, in the said State, did wickedly and against the order of nature attempt to carnally know one John Hutchinson and did attempt to carnall commit with the said John Hutchinson 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 James Gibbs, and the witnesses for the prosecution Francis John Noble, James Ross and Charles O’Hare being severally examined in his presence, the said James Gibbs 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 James Gibbs saith as follows:– “Nothing.”

Taken before me, at Newcastle, in the said State, the day and year first above mentioned.
[Signed] MS Love, SM.

~ ~ ~ ~ ~

Statement of the Accused.

New South Wales, Newcastle
TO WIT.                                   }

John Hutchinson stands charged before the undersigned, one of His Majesty’s Justices of the Peace in and for the State of New South Wales, this 18th day of March in the year of Our Lord one thousand nine hundred and three for that he, the said John Hutchinson on the 17th day of March 1903 at Newcastle, in the said State, did wickedly and against the order of nature attempt to carnally know one John Hutchinson and did attempt to carnall commit with the said John Hutchinson 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 John Hutchinson, and the witnesses for the prosecution Francis John Noble, James Ross and Charles O’Hare being severally examined in his presence, the said John Hutchinson 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 Hutchinson saith as follows”– “I was drunk.”

Taken before me, at Newcastle, in the said State, the day and year first above mentioned.
[Signed] MS Love, SM.

~ ~ ~ ~ ~

 G. 190.

REGINA. REX
versus
James Gibbs and John Hutchinson

Offence,— Attempted buggery

    The accused stands committed to take their trial at the next Court Assize to be holden at Maitland, on the seventh day of April 1903. Bail allowed the accused in £ and two sureties in £ each, or one in £ Not applied for

[Signed] MS Love, Stipendiary Magistrate

JP.

Dated at the Police
Office, Newcastle
this eighteenth day of March
AD 1903
4g 416 - 88

~ ~ ~ ~ ~

“Justices Act, 1902.”

Recognizance to give Evidence.

G. 1.

State of New South Wales, Newcastle
TO WIT.                                                }

Be it remembered, that on the 18th day of March in the year of Our Lord one thousand nine hundred and three Francis John Noble a Constable of the Police Force, stationed at Newcastle in the State of New South Wales, James Ross of Royal Hotel Newcastle in the said State, yard man, Charles O’Hare of Royal Hotel Newcastle in the said State, engine driver personally came before the undersigned, one of His Majesty’s Justices of the Peace in and for the said State, and acknowledged themselves to owe Our Sovereign Lord the King 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 Lord the King, his Heirs and Successors, if they the said before mentioned persons shall fail in the condition indorsed.

[Signed] FJ Noble, James Ross and Charles O’Hare.

Taken and acknowledged, the day and year first above mentioned, at Newcastle in the said State, before me.
[Signed] WLB Brown, JP.

The condition of the within written Recognizance is such, that whereas James Gibbs and John Hutchinson were this day charged before Milton S Love esquire one of His Majesty’s Justices of the Peace for the said State, for that they did one with the other commit the abominable crime of buggery.

If therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Maitland in and for the State of New South Wales, on Tuesday the seventh day of April 1903 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 James Gibbs and John Hutchinson for the offence aforesaid, to the jurors who shall pass upon the trial of the said James Gibbs and John Hutchinson.

Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] WLB Brown, JP.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Circuit Court.
Maitland.
1st April 1903
AG’s No. 118
Depositions.
CS’s No. 21
Rex No. 168
v.
James Gibbs
and
John Hutchinson
Attempted buggery
Committed at: Newcastle
on: 18th March 1903

~ ~ ~ ~ ~

14:4:03
Cor Stephen a/CJ
Plea of each: Not guilty
Verdict: Not guilty

~ ~ ~ ~ ~

Attempt to commit buggery
Hugh Pollock, S[olicitor] G[eneral]
19.3.03
The Crown Solicitor (Criminal Branch.)
20 Mar 1903
[Initialled] CEP for C[rown] S[olicitor]

~ ~ ~ ~ ~

Justice MH Stephen’s notebook   ³

127

[Maitland, 14 April 1903]
James Gibbs – (endeavouring ?) (to ?) (committing crime ?) (# ?) John Hutchinson – committing crime of sodomy.

    Francis John Noble. Constable at Newcastle. I saw them in the Royal Hotel Newcastle on 17 March. I had some information from Charles O’Hare – (declared ?) by another man. I went to the hotel – saw both accused – about ½ past 11 at night. Hutchinson was lying on the ground – at the back (of ?) an outbuilding. He had his legs drawn up & his legs (down ?) to his knees. Gibbs was on his right side immediately behind Hutchinson – trousers open at the front. I struck a match & saw Gibbs’ person in a state of erection & was right up close to Hutchinson’s fundament. Hutchinson appeared to be

128

in a drunken state – Gibbs also under influence of liquor. I spoke but they made no answer. I (hand ?) (cuffed ?) the two with (?) – they struggled violently all the way up. I charged them for that on the 17th March they did one with the other attempt to commit the abominable crime of buggery. Gibbs made no reply. Hutchinson said it is a big lie – I lay down to sleep & when I awoke this man was lying behind me. Gibbs made no remark.

    By Gibbs.

    James Ross. Yardman at the Royal Hotel. Saw accused in the yard – on 17th March at 20 (past ?) 11 pm. I saw something (dark ?). When I went to see – saw two men lying down. I went to wake them – their clothes were disarranged … both lying on their right side – taller man in front … be the other man lying close up –

129

both on their right side – close to one another. The larger man had his clothes down behind – the other was lying close with the front of his clothes disarranged.

    Gibbs sworn in defence. Says that Hutchinson took him away & cut ex his trowsers & drawers.

Not guilty.

~ ~ ~ ~ ~

The Bathurst Free Press and Mining Journal, Wed 8 Apr 1903 ⁴

BANKERS AS JURORS.

    The decision given by Mr Justice Stephens [sic] while presiding over the Circuit Court at East Maitland yesterday will be accepted with pleasure by the managers of banks throughout the State, and we trust that the police officers of Bathurst will not fail to note the direction. A telegram states that when dealing with an application for exemption from service as juror, his Honor expressed the opinion that the police in charge of collecting the names of jurors should not include the names of bank managers, and if the police did include such names, then the magistrates’ revision court should strike them off the list.

~ ~ ~ ~ ~

The Maitland Daily Mercury, Tue 14 Apr 1903 ⁵

MAITLAND CIRCUIT COURT.
(Before his Honor Mr Justice Stephen, Acting Chief Justice.)
Tuesday, April 14.

    The sittings of the Court were resumed at ten o’clock this morning.
…

AN ALLEGED UNMENTIONABLE OFFENCE.

    James Gibbs and John Hutchinson were arraigned on a charge of having, on March 17, 1903, at Newcastle, committed an unmentionable offence.

    Constable FJ Noble and James Ross related having discovered the accused in an outbuilding in the yard of the Royal Hotel, Hunter-street West Newcastle, at twenty minutes past 11 o’clock at night.

    His Honor said that it appeared to him there was evidence that the offence was actually committed; the intention to commit a crime and the actual commission of it were very different offences.

    Hutchinson made a statement to the effect that he was drunk at the time, and knew nothing of the circumstances.

    Gibbs made a statement on oath to the effect that Hutchinson induced him to go and sleep in the yard. He denied knowing anything about the matter until he found Hutchinson interfering with him.

    The jury, without retiring from the box, returned a verdict of not guilty, and accused were discharged.

~ ~ ~ ~ ~

Newcastle Morning Herald and Miners’ Advocate, Wed 15 Apr 1903 ⁶

MAITLAND CIRCUIT COURT.

…

Tuesday, April 14th, 1903

    The Maitland Circuit Court was continued at East Maitland Courthouse today, before his Honor, the Acting Chief Justice, Mr Justice Stephen. Mr John Lee, JP., was in attendance as deputy-sheriff, Mr SE Lamb as Crown Prosecutor, and Mr W Jones as Judge’s Associate and clerk of arraigns.
…

NOT GUILTY.

    James Gibbs and John Hutchinson were charged with having committed a serious offence at Newcastle on the 17th March. After hearing the evidence, the jury returned a verdict of not guilty, without leaving the box.

~ ~ ~ ~ ~

Singleton Argus, Thu 16 Apr 1903 ⁷

MAITLAND CIRCUIT COURT.
———◦———

THE Maitland Circuit Court was resumed on Tuesday, after an adjournment for the holidays, before Mr Justice Stephen, Acting Chief Justice.
…
    James Gibbs and John Hutchinson were found guilty [sic] of a serious offence at Newcastle.

~ ~ ~ ~ ~

The Maitland Weekly Mercury, Sat 18 Apr 1903 ⁸

MAITLAND CIRCUIT COURT.

    The sittings of the Court were resumed on Tuesday before the Acting Chief Justice, Mr Justice Stephen.
…

AN ALLEGED UNMENTIONABLE OFFENCE.

    James Gibbs and John Hutchinson were arraigned on a charge of having, on March 17, 1903, at Newcastle, committed an unmentionable offence.

    Constable FJ Noble and James Ross related having discovered the accused in an outbuilding in the yard of the Royal Hotel, Hunter-street West Newcastle, at twenty minutes past 11 o’clock at night.

    His Honor said that it appeared to him there was no evidence that the offence was actually committed; the intention to commit a crime and the actual commission of it were very different offences.

    The jury, without retiring from the box, returned a verdict of not guilty, and accused were discharged.